Exempt Employee Transition Workshop

Welcome

Today’s 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

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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

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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.

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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.

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What is an employee’s exempt return right?

• Employee’s 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.

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…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.

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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”.

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Return Rights Flow ChartExempt

Appointment Ended

Exempt Return Rights?

No further rightsAppointment into classified service

No Yes

More than one person in position

or unfunded position?

Layoff Process

Yes

Done

No

Employee consults with Human Resource Manager

on options, such as job search, retirement, and

unemployment.

Separation Appointment into classified service

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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@ofm.wa.gov or (360) 664-6325

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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)

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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.

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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.

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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.

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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.

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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.

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Careers.wa.gov……

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WA State Human Resources www.hr.wa.gov

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Department of Enterprise Services Resources and Services

General Inquiries• CareersHelp@des.wa.gov

Layoff Information • LayoffandGGTP@des.wa.gov

Contact us or visit:• 360 664-1960 or toll free 1-877 664-1960• 8:00 to 5:00 - Monday through Friday • 1500 Jefferson, Olympia; State Capitol – Exit 105 off I-5

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Public Employee Benefits Board (PEBB)/Health Care Authority

• PEBB Benefits• PEBB Continuation of Coverage Options• Accessing PEBB Benefits• What to Expect• Resources

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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 DisabilityThe 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.

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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 partner’s account

• Self-pay for your self and eligible dependents

• Retiree coverage

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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

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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 partner’s PEBB account within 31 days of losing coverage

• Separation from employment – continue life insurance on a self-pay basis

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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

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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

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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

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Resources

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

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WorkSource

• A joint venture of organizations dedicated to addressing Washington State’s 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

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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

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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

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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

today’s job market– Referring you to job openings– Referring you to workshops and other skill-building

classes

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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

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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?

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• 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?

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.

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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• 8:00 AM to 5:00 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 signature37

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.

Generally two to three weeks from when you file your application.

• Week for unemployment begins Sunday and ends Saturday midnight. You can’t claim a week until it’s over.

• First eligible week is an unpaid “waiting week”.

Direct deposit

When will I get my first payment?

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How long can I get my benefits?

Benefit Year

• 52 weeks from the week you file your application

• It’s 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

o Emergency Unemployment Compensation (EUC) ended 12/28/2013.

• Federal/State extended benefitso Extended Benefits program ended 4/21/2012

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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.40

Are Unemployment Insurance benefits taxable?

Yes

• You can choose to have 10% of your UI payment withheld.

• Sent immediately to the IRS – you can’t 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.

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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 you’ve 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?

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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.

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More information

See our website at www.esd.wa.gov for more unemployment information or to apply for benefits.

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“How to” videos available onlineChoose 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

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

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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”

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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

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ResilienceThe ability to bounce back and move forward

Key attributes:• Positive • Focused • Flexible • Organized • Proactive

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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

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WA State EAP

Pro-Health and Pro-Performance

Contact “your” EAP for assistance in dealing with life’s twists and turns

• Toll Free: 877.313.4455• Olympia: 360.407.9490• Online: www.hr.wa.gov/EAP

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Department of Retirement SystemsCareer Transitions

How Transitions Affect Your

Retirement Accounts

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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

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What if you leave work and don’t retire?

• 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)

■ Plan 3 Request for Payment of Defined Contribution Funds

• Leave contributions & interest in Trust Fund – benefit guaranteed • Withdraw contributions & Interest from Trust Fund – benefit

forfeited

■ Plan 1 or Plan 2

• Access to DCP funds – five payment options• Continue to manage; no transaction fees• No effect on Unemployment Insurance payments

■ State Deferred Compensation Program (DCP)

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Beneficiary Designations and Conclusion

1. One Beneficiary Designations form for Retirement and DCP – be sure to keep it current.

2. Defined Benefits are guaranteed to all vested members.

3. If you leave employment withdrawal of retirement and/or DCP contributions is optional (no required withdrawals).

4. Retirement plan membership is required when returning to a DRS eligible position.

5. Stay informed by phone, internet, and sign up for email updates

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Department of Retirement Systems

Resources available – www.drs.wa.gov

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Thank you…

• Your feedback is important to us– Please complete the session evaluation form if

attending a live session.

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