Updated guidance for employee eligibility subject to RCW 41.05.744
Last year, the SEBB Program sent several notices (March, July, and August) with guidance pertaining to RCW 41.05.744 (codification of part of ESSB 6189 (2020)). Those notices informed school districts that — in accordance with RCW 41.05.744— benefits must be maintained into the 2020-21 school year for employees who had eligibility for the employer contribution toward SEBB benefits as of February 29, 2020. As school districts have been returning to in-person school operations, questions have come up regarding when that guidance will no longer apply to certain employees. This notice addresses some of those questions.
Who does RCW 41.05.744 apply to?
The law applies to school employees who had eligibility for the employer contribution toward SEBB benefits as of February 29, 2020.
School employees who gained eligibility for the employer contribution toward SEBB benefits on March 1, 2020, or later are not protected by SB 6189. These school employees are subject to standard SEBB eligibility rules.
What are the protections under RCW 41.05.744?
RCW 41.05.744 ensures continued employer contributions for eligible school employees, who otherwise would lose eligibility for the employer contribution under regular SEBB eligibility rules, during any of the following circumstances that are directly related to or in response to the Governor’s proclamation of a state of emergency existing in all counties in the State of Washington related to COVID-19:
- During any school closures or changes in school operations for the school employee
- While the school employee is quarantined or required to care for a quarantined family member
- When the school employee is taking care of a child when the child’s school/childcare facility is closed or when the child’s regular childcare provider is unable to provide services.
When do the protections of RCW 41.05.744(1) end?
The protections of RCW 41.05.744(1) end in either of two circumstances: (1) when the Governor’s state of emergency related to COVID-19 ends; or (2) when none of the three circumstances above are met for the individual school employee. When the protections end for any particular school employee, RCW 41.05.744(3) states that “[w]hen regular school operations resume, school employees shall continue to maintain their eligibility for the employer contribution for the remainder of the school year so long as their work schedule returns to the schedule in place before February 29, 2020, or, if there is a change in schedule, so long as the new schedule, had it been in effect at the start of the year, would have resulted in the employee being anticipated to work the minimum hours to meet benefits eligibility.”
Some school districts have assumed that because they are back to in-person teaching that they have resumed “regular school operations.” However, it is important to note that the protections found in RCW 41.05.744(1) apply on an individual basis and do not expire until the Governor’s state of emergency expires. As such, the protections of RCW 41.05.744(1) may still apply to some, or all, school employees.
The SEBB Program advises school districts that — before they move forward with terminating the benefits of any school employee whose eligibility for the employer contribution had been protected by RCW 41.05.744 — they individually assess each school employee’s situation to appropriately determine whether any of the three circumstances listed still apply to the school employee.
For example, a school employee who was eligible for the employer contribution for SEBB benefits and had worked as both a bus driver and coach prior to February 29, 2020, but who has reduced bus route hours because of the volume of students still utilizing remote learning because of COVID-19, may still be eligible for the employer contribution because there is still a change in the school operations for that particular school employee.
Because each school employee’s circumstance may be different, school districts must determine whether RCW 41.05.744 applies within each individual school employee’s situation.
If a school district determines that a school employee who had been protected under RCW 41.05.744(1) no longer meets the criteria, then the school district may proceed with terminating the school employee’s eligibility for the employer contribution assuming that the school employee does not return to the schedule in place before February 29, 2020, or, if there is a change in schedule, so long as the new schedule, had it been in effect at the start of the year, would have resulted in the school employee being anticipated to work the minimum hours to meet SEBB benefits eligibility. Appeal rights must be provided to any school employee whose benefits are terminated.
Does the COBRA subsidy apply?
If eligibility for the employer contribution is lost to school employees because RCW 41.05.744 no longer applies, the school employee may be eligible for a 100-percent subsidy of the COBRA monthly premium for up to six months through the federal American Rescue Plan Act of 2021. If eligible, SEBB Continuation Coverage members can receive the subsidy from April 1 through September 30, 2021. To be eligible, they must:
- Have lost eligibility for the employer contribution between November 1, 2019* and August 30, 2021.
- Still be eligible for continuation coverage.
- Not be eligible for other group health insurance or Medicare.
If appropriate, please make sure that school employee’s eligibility is termed in SEBB My Account with the “Cobra subsidy eligible” termination reason.
Read about eligibility, how to apply, and other important details on the HCA website at hca.wa.gov/cobra-subsidy.
__________________
* For those on COBRA because of a disability or who had a second qualifying event, they must have lost eligibility for the employer contribution between April 1, 2018 and August 30, 2021.
|
