(1) Eligibility
shall be determined solely by the criteria that most closely describes the
school employee's work circumstance.
(2) All hours worked by an employee in their
capacity as a school employee must be included in the calculation of hours for
determining eligibility. All hours for which a school employee receives
compensation from a school employees benefits board (SEBB) organization during
an approved leave (e.g., sick leave, personal leave, bereavement leave) or a
paid holiday must be included when determining how many hours a school employee
is anticipated to work, or did work, in the school year.
(3) A school employee may establish
eligibility for the employer contribution toward SEBB benefits by stacking of
hours from multiple positions within one SEBB organization. A school employee
may not gain eligibility by stacking of hours from multiple SEBB
organizations.
(4) School employee
eligibility criteria shall be determined in the following order:
(a) A school employee is eligible for the
employer contribution toward SEBB benefits if they are anticipated to work at
least 630 hours per school year. The eligibility effective date shall be
determined as follows:
(i) If the school
employee's first day of work is on or after September 1st but not later than
the first day of school for the current school year as established by the SEBB
organization, they are eligible for the employer contribution on the first day
of work; or
(ii) If the school
employee's first day of work is at any other time during the school year, they
are eligible for the employer contribution on that day.
(b) A school employee is presumed eligible
for the employer contribution at the start of the school year, as described in
(a) of this subsection, if they:
(i) Worked at
least 630 hours in each of the previous two school years; and
(ii) Are returning to the same type of
position (teacher, paraeducator, food service worker, custodian, etc.) or
combination of positions with the same SEBB organization.
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Note:
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A SEBB organization rebuts this presumption by
notifying the school employee, in writing, of the specific reasons why the
school employee is not anticipated to work at least 630 hours in the current
school year and how to appeal the eligibility determination.
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(c) A school employee who is not anticipated
to work 630 hours within the school year because of the time of year they are
hired but is anticipated to work at least 630 hours the next school year,
establishes eligibility for the employer contribution toward SEBB benefits as
of their first working day if they are:
(i) A
nine to 10 month school employee anticipated to be compensated for at least
17.5 hours a week in six of the last eight weeks counting backwards from the
week that contains the last day of school; or
(ii) A 12 month school employee anticipated
to be compensated for at least 17.5 hours a week in six of the last eight weeks
counting backwards from the week that contains August 31st, the last day of the
school year.
(d) A school
employee who returns from approved leave without pay will maintain or establish
eligibility for the employer contribution toward SEBB benefits if their work
schedule, had it been in effect at the start of the school year, would have
resulted in the school employee being anticipated to work the minimum hours to
meet SEBB eligibility for the employer contribution in the school year. A
school employee who regains eligibility under this subsection, establishes
eligibility for the employer contribution toward SEBB benefits as of the date
they returned from approved leave without pay.
(5) A school employee who is not anticipated
to work at least 630 hours in the school year as described in subsection (4)(a)
of this section, may later be eligible for SEBB benefits when:
(a) Their work pattern is revised in such a
way that they are now anticipated to work 630 hours in the school year. The
school employee becomes eligible for the employer contribution toward SEBB
benefits on the date their work pattern is revised; or
(b) They actually worked 630 hours in the
school year. The school employee becomes eligible for the employer contribution
toward SEBB benefits on the date they actually worked 630 hours.
(6) If the school employee is not
eligible under subsection (4) or (5) of this section, they may be eligible for
SEBB benefits if their SEBB organization is engaging in local negotiations
regarding eligibility for school employees as described in WAC
182-30-130.
(7) When SEBB benefits begin:
(a) For a school employee who establishes
eligibility under subsection (4)(a)(i) of this section, medical, dental,
vision, basic life insurance, basic accidental death and dismemberment
(AD&D) insurance, employer-paid long-term disability (LTD) insurance,
employee-paid LTD insurance (unless the school employee declines the
employee-paid LTD insurance as described in WAC
182-30-080(1),
and if eligible, benefits under the salary reduction plan begin on the first
day of work for the new school year. Supplemental life insurance and
supplemental AD&D insurance begin on the first day of the month following
the date the contracted vendor receives the required form or approves the
enrollment.
(b) For a school
employee who establishes eligibility under subsection (4)(a)(ii), (c), (d), or
(5) of this section, medical, dental, vision, basic life insurance, basic
AD&D insurance, employer-paid LTD insurance, employee-paid LTD insurance
(unless the school employee declines the employee-paid LTD insurance as
described in WAC
182-30-080(1),
and if eligible, benefits under the salary reduction plan begin on the first
day of the month following the date the school employee becomes eligible for
the employer contribution toward SEBB benefits. Supplemental life insurance and
supplemental AD&D insurance begin on the first day of the month following
the date the contracted vendor receives the required form or approves the
enrollment.
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Exceptions:
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(1) When a school employee establishes eligibility
for the employer contribution toward SEBB benefits as described under
subsection (4)(d) or (5) of this section, at any time in the month of August,
SEBB benefits begin on September 1st only if the school employee is also
determined to be eligible for the employer contribution toward SEBB benefits
for the school year that begins on September 1st.
(2) When a school employee who is called to active
duty in the uniformed services under Uniformed Services Employment and
Reemployment Rights Act (USERRA) loses eligibility for the employer
contribution toward SEBB benefits, they regain eligibility for the employer
contribution toward SEBB benefits the day they return from active duty.
Employer-paid SEBB benefits will begin the first day of the month in which they
return from active duty (see WAC
182-30-080(3)).
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Notes
Wash. Admin.
Code §
182-31-040
Adopted by
WSR
19-01-055, Filed 12/14/2018, effective
1/14/2019
Amended by
WSR
19-14-093, Filed 7/1/2019, effective
8/1/2019
Amended by
WSR
20-16-064, Filed 7/28/2020, effective
8/28/2020
Amended by
WSR
21-13-116, Filed 6/21/2021, effective
1/1/2022
Amended by
WSR
23-14-021, Filed 6/23/2023, effective
1/1/2024
