WSR 01-18-018

PERMANENT RULES

DEPARTMENT OF

RETIREMENT SYSTEMS

[ Filed August 24, 2001, 11:19 a.m. ]

     Date of Adoption: August 23, 2001.

     Purpose: The department is revising the petitions chapter to bring it up to date and to convert it to plain English.

     Citation of Existing Rules Affected by this Order: Chapter 415-04 WAC, Petitions, amending WAC 415-04-010, 415-04-020, 415-04-030, 415-04-040, and 415-04-050.

     Statutory Authority for Adoption: RCW 41.50.050(5).

     Other Authority: RCW 41.50.050, 41.50.060.

      Adopted under notice filed as WSR 01-15-028 on July 11, 2001.

     Changes Other than Editing from Proposed to Adopted Version: WAC 415-04-017(1), "and" has been changed to "or."

     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 5, Amended 5, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 5, Amended 5, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.
     Effective Date of Rule: Thirty-one days after filing.

August 23, 2001

John Charles

Director

OTS-4640.6


AMENDATORY SECTION(Amending WSR 96-16-020, filed 7/29/96, effective 7/29/96)

WAC 415-04-010   ((Petition -- Procedure.)) Definitions.   (((1) The procedure established in this chapter shall apply to all petitions for:

     (a) Service credits;

     (b) Service retirement benefits;

     (c) Membership and membership credits in the retirement systems;

     (d) Disability benefits, except as otherwise provided by law;

     (e) Survivor benefits; and

     (f) Decisions relating to benefit increases provided by RCW 41.16.145 or 41.18.104.

     (2) All applications for review of decisions on requests for pay out of accumulated deferred compensation deferrals due to an unforeseeable emergency shall follow the procedure established in WAC 415-08-015.)) Good reason means a strong reason for failing to respond to a request for information by the petition examiner. A good reason you may need more time to respond to the petition examiner's request for information may include, but is not limited to, the following examples:

     (1) You could not provide information within the requested time period because you were in the hospital, which prevented you from responding; or

     (2) The information that you need to submit is not readily accessible and requires additional time to obtain. If this is the case, you must explain why it will require more time to obtain this information.

[Statutory Authority: RCW 41.50.050 and 41.50.780(11). 96-16-020, § 415-04-010, filed 7/29/96, effective 7/29/96. Statutory Authority: RCW 41.50.050(5) and 34.05.250. 93-11-079, § 415-04-010, filed 5/18/93, effective 6/18/93; Order 4, § 415-04-010, filed 7/27/77.]


NEW SECTION
WAC 415-04-015   When can I use the petition process?   You may use the petition process to request review of administrative decisions that address the following matters, including, but not limited to:

     (1) Service credits;

     (2) Service retirement benefits;

     (3) Membership in the retirement systems;

     (4) Disability benefits, except as otherwise provided by law;

     (5) Survivor benefits; and

     (6) Benefit increases provided by RCW 41.16.145 or 41.18.104.

     (7) Deferred compensation accounts, except that review of decisions regarding payments due to unforeseeable emergency, are governed by WAC 415-08-015.

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NEW SECTION
WAC 415-04-017   What is not covered by this chapter?   You may not use the petition process to request review of administrative decisions that address the following matters, including, but not limited to:

     (1) Overpayments if the procedures in RCW 41.50.135 or 41.50.138 apply.

     (2) Deferred compensation plan payments because of an unforeseeable emergency (see WAC 415-08-015).

[]


AMENDATORY SECTION(Amending WSR 96-16-020, filed 7/29/96, effective 7/29/96)

WAC 415-04-020   ((Petition -- Response -- Decision -- Appeal.)) How do I file a petition for review?   (1) ((Time limit for filing appeals. A person aggrieved by a decision of an administrator)) You may ((appeal the decision)) request administrative review of an administrator's decision by filing a petition ((to)) with the ((director's designee for redress)) petition examiner.

     (2) You must file the petition ((must be filed)) within one hundred twenty days from the date you received the administrator's decision ((was communicated to the person)).

     (((2))) (3) If ((a person)) you fail((s)) to file ((a timely)) the petition((, the person waives)) within one hundred twenty days, you lose the right to judicial review ((due to)), because of your failure to exhaust administrative remedies as required by RCW 34.05.534.

[Statutory Authority: RCW 41.50.050 and 41.50.780(11). 96-16-020, § 415-04-020, filed 7/29/96, effective 7/29/96. Statutory Authority: RCW 41.50.050(5) and 34.05.250. 93-11-079, § 415-04-020, filed 5/18/93, effective 6/18/93. Statutory Authority: RCW 41.50.050. 91-19-064, § 415-04-020, filed 9/16/91, effective 10/17/91; Order 4, § 415-04-020, filed 7/27/77.]


NEW SECTION
WAC 415-04-025   Who may file a petition?   You may file a petition if you are a member, current or former spouse, designated beneficiary or employer, and have a sufficient stake in the outcome of the petition proceeding.

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AMENDATORY SECTION(Amending WSR 96-16-020, filed 7/29/96, effective 7/29/96)

WAC 415-04-030   ((Contents of petition.)) What should my petition include?   ((The person's)) Your petition ((must contain)) should include:

     (((1) A complete and detailed statement of the factual situation underlying the application or petition; which may include all relevant documents and sworn statements deemed appropriate by the petitioner;

     (2) A concise but detailed statement of the constitutional, statutory or common law provisions or precedents relied upon by the petitioner in support of his or her petition;

     (3) An identification and signature of the individual or individuals filing the petition, as well as an identification of legal counsel, if any; and

     (4) The address to which the petitioner wishes further correspondence from the department to be sent.)) (1) A statement of what you want the department to do (relief requested) after considering the petition;

     (2) An explanation of why your request has merit;

     (3) All facts relating to the petition, including any relevant documents or sworn statements;

     (4) The name and address of your attorney, if applicable; and

     (5) Your name, address, phone number, fax number, e-mail address, and signature.

[Statutory Authority: RCW 41.50.050 and 41.50.780(11). 96-16-020, § 415-04-030, filed 7/29/96, effective 7/29/96.]


NEW SECTION
WAC 415-04-035   How much information do I need to provide in support of my petition?   You bear the burden of convincing the petition examiner that you are entitled to the relief requested. You must provide sufficient information to outweigh the information that the plan administrator used in making the administrative determination that is being reviewed.

[]


NEW SECTION
WAC 415-04-037   If I petition for disability retirement benefits, who pays the cost of obtaining additional medical data?   If you petition the department for a disability retirement benefit and you need to provide additional medical data in support of your petition, you must pay any cost involved.

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AMENDATORY SECTION(Amending WSR 96-16-020, filed 7/29/96, effective 7/29/96)

WAC 415-04-040   ((Time period for processing petition.)) What will the department do after receiving my petition?   (((1) Upon receipt of the petition, the director will assign the same to the director's designee. The director's designee will notify either the employer(s) if the petitioner is a member(s) or the affected member(s) if the applicant or petitioner is an employer(s) of the filing of the petition within fourteen days. Said notification shall request the employer(s) or member(s) to submit any written response to the petition no later than twenty days from the date of receipt of the notice.

     (a) If at any time the director's designee in his or her role as fact finder determines that additional information is necessary to decide the petition, he or she may request such additional information. The person from whom the information is requested will respond no later than within twenty days from the receipt of such request.

     (b) The director's designee may extend the time limit for response if the requesting party shows good cause to do so.

     (2) Upon receipt of the response, the director's designee will forward a copy of the response to the petitioner. The petitioner

will have ten days to reply. If the petitioner does not reply within ten days, he or she waives the right to reply.

     (3) Within sixty days of the expiration of the ten-day period for reply following the director's designee's final request for information, the director's designee shall enter a written decision. The written decision will contain such findings of fact and conclusions of law as he or she deems necessary to dispose of the matter. The decision will be sent to the petitioner via certified mail.)) (1) A petition examiner will review your petition.

     (2) Within fourteen days from the date that you file a petition with the department, the petition examiner will determine whether you have a sufficient stake in the outcome of the proceeding to have the department consider the issues in your petition.

     (a) If the petition examiner determines that you do not have a sufficient stake in the outcome, the petition examiner:

     (i) May refer the matter back to the plan administrator for further investigation.

     (ii) Will notify you of this decision within fourteen days of the date you file the petition. You may appeal this decision to the presiding officer under WAC 415-04-050.

     (b) If the petition examiner determines that you do have a sufficient stake in the outcome, the petition examiner:

     (i) Will notify interested parties, such as the member, current or former employer(s), designated beneficiaries, former spouse or the department, that you filed a petition;

     (ii) Will request that the interested parties submit any written response to the petition no later than twenty days from the date of receipt of the notice;

     (iii) May extend the time limit for response if the interested party shows a good reason to need more time.

     (3) The petition examiner may request additional information at any time.

     (4) The petition examiner will forward a copy of an interested party's response to you.

     (a) You will have ten days to reply.

     (b) The petition examiner may extend your time to respond if you demonstrate that you need more time for good reason.

     (c) If an extension is not granted and you do not reply within ten days, you waive the right to reply.

     (5) The petition examiner will issue a written decision within sixty days of:

     (a) The end of your final period to reply under subsection (4) of this section; or

     (b) Receipt of additional information from the department or the office of the attorney general necessary to make a decision.

     (6) The written decision will include the findings of fact and conclusions of law necessary to decide the matter. The decision will be sent to you and to other interested parties.

     (7) The petition examiner may refer the petition back to the plan administrator for an administrative determination without issuing a petition decision if:

     (a) The petition adds new issues or facts that have not been addressed in the plan administrator's final determination; or

     (b) The plan administrator did not have access to a petition decision or final order of the department that would have changed the outcome of the administrative determination.

[Statutory Authority: RCW 41.50.050 and 41.50.780(11). 96-16-020, § 415-04-040, filed 7/29/96, effective 7/29/96.]


AMENDATORY SECTION(Amending WSR 96-16-020, filed 7/29/96, effective 7/29/96)

WAC 415-04-050   ((Appeal of)) How do I appeal a petition decision((.))?   ((An aggrieved party may appeal the decision of the director's designee to the director.

     (1) An appeal must be filed with the)) (1) You may file an appeal of the petition decision with the department's director no later than sixty days after ((petitioner's receipt of)) you receive the petition decision ((in accordance with the procedures established by chapter 415-08 WAC)).

     (2) You must follow the procedures in chapter 415-08 WAC in filing your appeal.

     (3) If ((a party)) you fail((s)) to file ((a timely)) your appeal ((the party waives the)) within sixty days, you lose your right to judicial review ((due to the)), because of your failure to exhaust administrative remedies as required by RCW 34.05.534.

[Statutory Authority: RCW 41.50.050 and 41.50.780(11). 96-16-020, § 415-04-050, filed 7/29/96, effective 7/29/96.]

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