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Exempt Employee Transition Workshop

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Title: Exempt Employee Transition Workshop


1
Exempt Employee Transition Workshop
2
Welcome
  • Todays session was developed in partnership
    with the following
  • Department of Enterprise Services
  • OFM/State Human Resources Division
  • Public Employee Benefits Board / Health Care
    Authority
  • WorkSource
  • Employment Security
  • Department of Retirement Systems

3
Agenda
  • Office of the State Human Resource Director
  • Exempt employee return rights
  • Department of Enterprise Services layoff lists,
    careers.wa.gov
  • Health Care Authority maintaining health
    benefits
  • WorkSource - job search resources
  • Employment Security - Unemployment Insurance
  • Employee Assistance Program
  • Change and stress management
  • Retirement Systems
  • Managing your retirement and deferred
    compensation

4
Does an employee have exempt return rights?
  • Laws (RCWs) and rules (WACs) were adopted in the
    early 1970s to encourage classified employees to
    accept exempt appointments by providing an
    assurance of continued employment after the
    termination of the exempt appointment.
  • Any permanent employee who was appointed to an
    exempt position from a classified position
    without a break in service has a return right
    (unless the exempt appointment is ended for
    reasons of gross misconduct).
  • Classified service includes higher education
    service, Washington general service and
    Washington management service.

5
When must an employee apply to return to
classified service from exempt service?
  • Employee must apply to return to classified
    service within 30 calendar days of separation
    from employment in the exempt position.
  • Employee who applies for return to classified
    service within 30 calendar days must be returned
    to a position at the time of separation from the
    exempt appointment or the time of application,
    whichever is later.

6
What is an employees exempt return right?
  • Employees right is to be returned to the
    highest class of position previously held, or to
    a position of similar nature and salary.
  • Class means classification, e.g. Forester 2 or
    WMS Band 1
  • Similar in Nature means work that is generally
    similar to the functions performed in the highest
    class of position previously held
  • Similar in Salary means the same salary range
    of the highest classification of position
  • A position in the highest class does not
    necessarily mean return to the most recent
    employer or the exact position previously held.

7
if an employee is returning from exempt service
and the employer does not have a funded vacant
position?
  • An employee with return rights must be returned
    to a position. If the employer does not have a
    funded vacant position in the highest class held
    or a funded vacant position of similar nature and
    salary, the employer must
  • Return the employee to a filled position (i.e.
    double-fill a position) and the least senior
    incumbent (or the employee with the lowest
    employment retention rating) is laid off or
  • Establish a position to return the employee to
    and implement a layoff since the position is not
    funded.

8
Frequently Asked Questions
  • If I went from a classified position to an exempt
    position then to another exempt position will I
    still have return rights?
  • Yes, as long as there were no breaks in service.
  • What happens if my former agency no longer
    exists?
  • The Human Resource Office will research where the
    work you performed in the classified position
    went.
  • What salary will I be returned to?
  • The base salary must not be less than your
    previous base salary in classified service,
    adjusted according to any changes in salary
    range.
  • Exempt employees who have never held classified
    status or who had a break in service prior to
    their exempt appointment, do not have a right of
    return.

9
Return Rights Flow Chart
Exempt Appointment Ended
Exempt Return Rights?
No further rights
Appointment into classified service
No
Yes
Appointment into classified service
Separation
More than one person in position or unfunded
position?
Employee consults with Human Resource Manager on
options, such as job search, retirement, and
unemployment.
Layoff Process
Yes
No
Done
10
Resources
  • The State Human Resources Division at OFM
  • Guide for Transition of Exempt Employees at
    http//wwww.hr.wa.gov/rules
  • Contact the OFM Rules Office
  • Rules_at_ofm.wa.gov or (360) 664-6325

11
Layoff
  • In some cases your return from exempt status may
    result in a layoff (i.e. you are the least senior
    incumbent). If this is the case the employer
    will provide you with a layoff letter outlining
    your rights.
  • If you held permanent status in classified
    service at the time of your exempt appointment
    and are laid off (as the least senior incumbent)
    you may be eligible for placement on the
  • Layoff List
  • General Government Transition Pool (GGTP)

12
Layoff Lists
  • Internal layoff list - contains names of eligible
    employees who have been laid off from a specific
    agency or institution.
  • For placement on list check with your agency
  • Statewide layoff list contains names of
    eligible employees who have been laid off from
    all other agencies or institutions.
  • For placement on list email your layoff letter
    and a copy of your resume to Department of
    Enterprise Services
  • Eligibility - 2 years from layoff effective date
  • Check your CBA as some unions have bargained for
    a 3 year eligibility period for Internal Layoff
    list.

13
General Government Transition Pool (GGTP)
  • Resource for general government employees at risk
    of, or who have been laid off from state
    employment.
  • Skill based pool maintained by Department of
    Enterprise Services.
  • Contact your human resource office to determine
    eligibility.
  • Washington Management Service (WMS) employees may
    be
  • eligible.
  • Eligibility - 2 years from layoff effective
    date.

14
What options do employees without return rights
have?
  • Exempt employees who have never held classified
    status or who had a break in service prior to
    their exempt appointment, do not have a right of
    return.
  • However, there are several other options for you
    to consider.
  • WMS has flexible hiring processes and includes
    management and policy positions that you may be
    well suited.
  • Exempt openings in other agencies, higher
    education institutions, or the Legislature.
  • Job openings are posted on the state careers
    website www.careers.wa.gov.

15
Washington Management Service Information
  • Exempt employees seeking new opportunities should
    consider applying for jobs in WMS.
  • offers flexibility in recruitment, screening, and
    hiring recruitment and hiring of WMS positions
    takes place at the agency level.
  • Each state agency has a recruitment and selection
    policy and/or procedure to best meet
    organizational needs.
  • Important to pursue opportunities directly with
    those agencies that have WMS positions.

16
Where to start
  • Do your homework
  • Research to find out which state agencies are a
    good match for your skills, knowledge, and
    career interests check out agency websites.
  • Make contacts
  • Network with agencies for specific information on
    career opportunities and recruiting plans pursue
    informational interviews
  • Contact agencies to find out more about the
    agency, job opportunities, and how you may better
    prepare for openings. Approach employers with
    the attitude that you are seeking career advice.

17
Careers.wa.gov
18
WA State Human Resources www.hr.wa.gov
19
Department of Enterprise Services Resources and
Services
  • General Inquiries
  • CareersHelp_at_des.wa.gov
  • Layoff Information
  • LayoffandGGTP_at_des.wa.gov
  • Contact us or visit
  • 360 664-1960 or toll free 1-877 664-1960
  • 800 to 500 - Monday through Friday
  • 1500 Jefferson, Olympia State Capitol Exit 105
    off I-5

20
Public Employee Benefits Board (PEBB)/Health
Care Authority
  • PEBB Benefits
  • PEBB Continuation of Coverage Options
  • Accessing PEBB Benefits
  • What to Expect
  • Resources

21
PEBB Benefits
PEBB Benefits When they will end if you take no action
Medical and Dental Insurance The last day of the month in which employment ends
Basic Life Insurance The last day of the month in which employment ends
Supplemental Life Insurance The earlier of (1) the last day of the month in which employment ends, or (2) the last day of the month in which the employee is eligible for the employer contribution or employee premiums were paid, whichever is later
Basic Long-Term Disability The date employment ends
Optional Long-Term Disability The last day of the month in which employment ends or the last day in which a required premium contribution was made
Flexible Spending Account (FSA) Dependent Care Assistance Program (DCAP) Participation ends the date employment ends
Auto/Home and Long-Term Care may continue as
before. If using payroll deduction for Auto/Home,
contact Liberty Mutual to make other payment
arrangements.
22
Options to continue coverage
  • Options to continue most of your coverage are
    based on your individual situation
  • Continued employment through reversion, reduction
    in hours, or agency transfer
  • Enroll as a dependent on a spouse or
    state-registered/qualified domestic partners
    account
  • Self-pay for your self and eligible dependents
  • Retiree coverage

23
Option Continued Employment
  • Establishing eligibility
  • You are eligible for the employer contribution
    with eight hours or more per month of pay status
    for up to 24 months
  • Examples include Revert to another position
    Have current position hours reduced or Transfer
    to another agency
  • Must notify the employing agency of potential
    eligibility as a laid off employee (WAC
    182-12-129)
  • After the 24th month, employee must re-establish
    eligibility under WAC 182-12-114

24
Option Coverage as a dependent
  • Medical/dental coverage
  • No later than 60 days after losing coverage your
    spouse, state-registered/qualified domestic
    partner, or parent must submit the required forms
  • When the agency receives the form affects when
    coverage begins To avoid a break in coverage,
    the form must be submitted prior to the date your
    current employer coverage ends.
  • Life Insurance
  • Employment ending transfer life insurance to a
    spouse/state-registered domestic partners PEBB
    account within 31 days of losing coverage
  • Separation from employment continue life
    insurance on a self-pay basis

25
Option Self-pay
  • Layoff
  • Eligible for PEBB Leave without Pay coverage
  • Continue medical, dental, and/or life insurance
    coverage for up to 29 months
  • Employment Ending
  • Eligible for COBRA coverage
  • Continue medical and dental coverage for up to 18
    months

26
Option Retiree coverage
  • Must be eligible to retire per your retirement
    plan
  • May use continuation of coverage to bridge to
    retirement
  • Continue medical and dental coverage
  • May have option to enroll in retiree life
    insurance

27
What to expect
  • A Continuation of Coverage Election Notice in the
    mail
  • Enroll in coverage no later
  • than 60 days from the
  • postmark date
  • May enroll eligible dependents
  • Self-pay rates apply

28
Resources
  • PEBB Program
  • PEBB program customer service 1-800-200-1004
  • PEBB website www.pebb.hca.wa.gov

29
WorkSource
  • A joint venture of organizations dedicated to
    addressing Washington States employment and
    training needs
  • WorkSource provides all the information,
    technology and services businesses need to thrive
    and job seekers need to achieve successful
    careers
  • Partners include state, local government and
    local community based organizations that provide
    a wide range of employment and training-related
    services
  • There are over 35 WorkSource Centers at various
    locations across the state. To find an office
    nearest you, go to www.go2worksource.com

30
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31
Services for Job Seekers
  • Free use of computers, copiers, phones, faxes and
    other career resources
  • Internet access to post your resume and find jobs
  • Job referrals and job search assistance
  • Hiring events and career fairs
  • Workshops on resume writing, interviewing, and
    job search strategies
  • Information on the fastest growing jobs and wages

32
WorkSource Programs
  • WorkSource has programs for
  • Youth
  • Adults
  • Laid-off workers
  • Persons with disabilities
  • Veterans
  • Older Adults
  • Displaced Homemakers
  • For more information about programs visit
    www.go2worksource.com and click on WorkSource
    Services

33
Dislocated Worker Program
  • Our first priority is to help you find a job by
  • Providing 1-on-1 career counseling
  • Teaching you effective job search strategies
  • Comparing your transferable skills to the needs
    of todays job market
  • Referring you to job openings
  • Referring you to workshops and other
    skill-building classes

34
Financial Aid Resources
  • Free Application for Federal Student Aid
  • http//www.fafsa.ed.gov
  • Other financial aid resources are often available
  • http//www.hecb.wa.gov/Paying/index.asp

35
Unemployment Insurance
  • What is Unemployment Insurance?
  • How do I apply?
  • What if I move to another state?
  • How long can I get benefits?
  • How does severance pay affect my benefits?
  • Are unemployment benefits taxable?
  • What are my responsibilities while claiming
    benefits?
  • Can I go to school?
  • How much will I get?
  • How do I claim weekly benefits?
  • When will I get my first payment?
  • Are extensions available?
  • How does a pension affect my benefits?
  • What if I am denied benefits?
  • Do I have to accept bump options?
  • Where can I get more information?

36
What is Unemployment Insurance?
  • Unemployment is 100 funded by employers and
    designed to
  • help workers unemployed through no fault of their
    own.

How much will I get?
  • Benefits are based on earnings in an unemployment
    base year.
  • Weekly benefit amount - average of two high
    quarter earnings.
  • The maximum and minimum weekly benefit amount is
    set in June for new claims filed beginning Sunday
    of the first full week of July.

37
How do I apply for benefits?
  • Online at www.esd.wa.gov
  • 24 hours a day/7 days a week
  • Unemployment Claims Center
  • 1-800- 318-6022
  • 800 AM to 500 PM Monday Friday

How do I claim weekly benefits?
  • Online at www.esd.wa.gov
  • By telephone at 1-800-318-6022
  • Choose the weekly claim option (1)
  • Create a personal identification number
  • Your PIN is your electronic signature

38
Can I still file a claim if I move out of
Washington State?
  • You can file your application before moving.
  • If your claim is based on only Washington wages,
    you will have a WA claim if you apply here and
    after you relocate.
  • If you relocate after you apply in WA you can
    change your address online at www.esd.wa.gov.
  • You will be required to register for work with a
    state employment agency in the state that you
    relocate to.

When will I get my first payment?
  • Generally two to three weeks from when you file
    your application.
  • Week for unemployment begins Sunday and ends
    Saturday midnight. You cant claim a week until
    its over.
  • First eligible week is an unpaid waiting week.
  • Direct deposit

39
How long can I get my benefits?
  • Benefit Year
  • 52 weeks from the week you file your application
  • Its the only WA claim you can have for that year
  • Maximum regular benefits available in a benefit
    year
  • 26 X the weekly benefit amount

Are extensions available?
  • Maybe - extensions are based on the statewide
    unemployment rate
  • Federal Extension
  • Emergency Unemployment Compensation (EUC)
  • ended 12/28/2013.
  • Federal/State extended benefits
  • Extended Benefits program ended 4/21/2012

40
How does severance pay affect my benefits?
  • Severance pay is not deductible.
  • Vacation and sick leave is not deductible if it
    is a cash-out.

How does a pension affect my benefits?
  • Retirement Pension
  • PERS Employer contribution percentage is
    deductible from your unemployment benefit.
  • PERS 1 58
  • PERS 2 60
  • PERS 3 100
  • Social Security is not deductible.

41
Are Unemployment Insurance benefits taxable?
  • Yes
  • You can choose to have 10 of your UI payment
    withheld.
  • Sent immediately to the IRS you cant get it
    back.
  • If you are later denied a week in which the 10
    was withheld, the amount sent to the IRS is
    included in any overpayment amount.

What if I am denied benefits?
  • Decisions are always in writing.
  • The right to appeal is included in the decision.
  • Hearings conducted by the independent state
    Office of Administrative
  • Hearings (OAH).
  • OAH can affirm, modify, or overturn our decision.

42
What are my responsibilities while claiming
benefits?
  • Must be immediately available for and actively
    seeking suitable work.
  • Three job contacts
  • Three approved in-person job search activities at
    WorkSource
  • A combination of the above
  • Suitable work is generally work youve done
    recently.
  • Must be willing to accept prevailing wages,
    hours, and other working conditions.

Do I have to accept any bump option offered?
  • Were you
  • Unemployed through no fault of your own?
  • Could you have remained working?
  • If so, was the work suitable?
  • Wages, hours, conditions of work comparable?

43
Can I go to school and still get UI benefits?
  • Commissioner Approved Training (CAT)
  • Not required to look for work.
  • Includes self-employment assistance programs
    (SEAP).
  • Training Benefits (TB)
  • Not required to look for work.
  • Additional unemployment benefits.
  • Must apply within applicable deadlines.
  • In most cases, 90 days/be enrolled within 120
    days.
  • For TB dislocated workers, before end of benefit
    year.

44
More information
See our website at www.esd.wa.gov for more
unemployment information or to apply for benefits.
  • How to videos available online
  • Choose Forms Publications at the bottom of the
    page. Topics include
  • Applying for unemployment insurance
  • Submitting a weekly claim
  • How to complete your job search
  • Training Benefits program
  • Appealing a benefits decision

45
WA State Employee Assistance Program (EAP)
  • Voluntary, no charge, confidential service to
    employees and family members
  • Assessment, problem-solving and referral service
    for personal and job concerns
  • Assistance in coping with transitions,
    challenges, problems and stress

46
Change and Stress
  • Change
  • Situational one event causing stress or distress
  • Cumulative additional events impacting you
  • Traumatic situation with magnified impact on you
  • Stress
  • Eustress everyday stress of life
  • Distress feeling all stressed out

47
Impact of distress
  • Physical
  • increased heart rate, blood pressure
    perspiration headache GI issues illness
    disease
  • Mental
  • impaired decision-making, problem-solving,
    concentration, focus, attention memory
  • Emotional
  • uncertainty, fear, depression, anxiety grief
    sadness hopeless helpless frustration, anger
  • Behavioral
  • isolation temper tantrums violence misuse of
    food, medication, substances, computer, etc.
  • Workplace
  • performance or attendance issues interpersonal
    conflicts

48
ResilienceThe ability to bounce back and move
forward
  • Key attributes
  • Positive
  • Focused
  • Flexible
  • Organized
  • Proactive

49
Stress Management The key to resilience
  • Develop an action plan
  • consult with all available resources
  • use information to develop coping strategies
  • Practice pro-active self-care
  • healthy diet nutrition
  • exercise, movement, stretching breathing
  • social support family, friends, co-workers,
    church, professional organizations,
    support-groups, counselors, EAP, etal

50
WA State EAP
  • Pro-Health and Pro-Performance
  • Contact your EAP for assistance in dealing with
    lifes twists and turns
  • Toll Free 877.313.4455
  • Olympia 360.407.9490
  • Online www.hr.wa.gov/EAP

51

Department of Retirement Systems Career
Transitions
How Transitions Affect Your Retirement Accounts
52
What happens to your retirement contributions if
you leave employment?
  • What happens depends on you. Benefits are
    protected.
  • Can you retire? (vested and eligible) (Member
    Handbook)
  • DRS Publications
  • Defined Benefit (Guaranteed and Lifetime)
  • IRS Tax Code 401(a) and Survivorship options
  • Defined Benefit Calculation (Formula)
  • x Service Credit Years(SCY) x Average Final
    Compensation(AFC)
  • Defined Benefit Estimator

53
What if you leave work and dont retire?
  • Plan 1 or Plan 2
  • Leave contributions interest in Trust Fund
    benefit guaranteed
  • Withdraw contributions Interest from Trust Fund
    benefit forfeited
  • Plan 3 Request for Payment of Defined
    Contribution Funds
  • Access to Defined Contribution account four
    payment options
  • No effect on Unemployment Insurance payments
  • Defined Benefit guaranteed if vested
  • 3 indexing if 20 Service Credit Years (SCY)
  • State Deferred Compensation Program (DCP)
  • Access to DCP funds five payment options
  • Continue to manage no transaction fees
  • No effect on Unemployment Insurance payments

54
Beneficiary Designations and Conclusion
  • One Beneficiary Designations form for Retirement
    and DCP be sure to keep it current.
  • Defined Benefits are guaranteed to all vested
    members.
  • If you leave employment withdrawal of retirement
    and/or DCP contributions is optional (no required
    withdrawals).
  • Retirement plan membership is required when
    returning to a DRS eligible position.
  • Stay informed by phone, internet, and sign up for
    email updates

55
Department of Retirement SystemsResources
available www.drs.wa.gov
56
Thank you
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