WSR 16-18-055 PROPOSED RULES DEPARTMENT OF RETIREMENT SYSTEMS [Filed August 31, 2016, 2:19 p.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 16-08-089.
Title of Rule and Other Identifying Information: Birth Evidence: WAC 415-106-610 How do I apply for retirement benefits? and 415-112-507 How do I apply for retirement benefits?
Hearing Location(s): Department of Retirement Systems (DRS), Conference Room 115, 6835 Capitol Boulevard S.E., Tumwater, WA 98502, on Tuesday, October 11, 2016, at 10:30 a.m.
Date of Intended Adoption: October 11, 2016.
Submit Written Comments to: Jilene Siegel, DRS, P.O. Box 48380, Olympia, WA 98504-8380, e-mail jilenes@drs.wa.gov, fax (360) 753-3166, by October 10, 2016, 5:00 p.m.
Assistance for Persons with Disabilities: Contact Jilene Siegel by October 7, 2016, TTY (866) 377-8895 or (360) 586-5450.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Based on an analysis of DRS' benefit recalculation process through a lean project, it was determined that gathering proof of age documents is almost always redundant and unnecessary for members, since this information is already in the member's retirement file having been received from the member's employer. Not requiring a proof of age document was estimated to eliminate having to perform about three hundred ninety-one recalculations a year. DRS may still require a member to submit proof of age documentation in cases where there is a need for further clarity, such as when the date of birth on the retirement application does not match the date of birth in the member's retirement file.
Statutory Authority for Adoption: RCW 41.50.050(5).
Rule is not necessitated by federal law, federal or state court decision.
Name of Agency Personnel Responsible for Drafting: Zan Johnston, P.O. Box 48380, Olympia, WA 98504-8380, (360) 664-7049; and Implementation: Seth Miller, P.O. Box 48380, Olympia, WA 98504-8380, (360) 664-7304.
No small business economic impact statement has been prepared under chapter 19.85 RCW. Not applicable. These rules do not impact small businesses and are not being submitted by the state board of education.
A cost-benefit analysis is not required under RCW 34.05.328. This rule is not a "significant legislative rule" as defined in RCW 34.05.328.
August 31, 2016
Jilene Siegel
Rules Coordinator
AMENDATORY SECTION (Amending WSR 08-02-046, filed 12/27/07, effective 1/27/08)
WAC 415-106-610 How do I apply for retirement benefits?
You should apply for retirement benefits at least thirty days before your intended retirement date. You can apply online at the department's web site or by submitting to the department:
(1) A completed, signed and notarized retirement application, including:
(a) Your selection of one of the benefit options described in WAC 415-106-600.
(b) Designation of a survivor beneficiary if you selected a benefit option with a survivor feature.
(c) If you are married, your spouse's notarized signature indicating consent to the retirement option you selected.
(i) If you are married and you do not provide spousal consent, the department will pay you a monthly retirement allowance based on WAC 415-106-600 (2)(c), option three (joint and one-half survivor benefit allowance) and record your spouse as the survivor beneficiary as required by RCW 41.37.170 (2)(a).
(ii) Spousal consent is not required if a dissolution decree designating your survivor beneficiary under RCW 41.50.790 was filed with the department at least thirty days prior to your retirement date.
(2) Evidence of your birth date, only if requested by the department, such as a photocopy of your ((certified)) birth certificate, passport((,)) or passport card, government-issued driver license or identification card, NEXUS card, naturalization certificate, certificate of armed services record U.S. DD-214, or other documentation acceptable to the department. If you are requested to submit evidence, the document you submit must include the month, day, and year of your birth.
(3) If you selected a benefit option with a survivor feature, acceptable evidence of your designated survivor beneficiary's birth date which includes the month, day, and year of birth.
AMENDATORY SECTION (Amending WSR 05-12-108, filed 5/27/05, effective 6/27/05)
WAC 415-112-507 How do I apply for retirement benefits?
((To)) You should apply for retirement benefits((, you must submit the following)) at least thirty days before your intended retirement date. You can apply online at the department's web site or by submitting to the department:
(1) A completed, signed, and notarized retirement application, including:
(a) Your selection of one of the benefit options described in WAC 415-112-493.
(b) Designation of a survivor beneficiary if you selected a benefit option with a survivor feature.
(c) If you are married, your spouse's notarized signature indicating consent to the retirement option you selected. See WAC 415-112-015(10).
(i) If you are married and you do not provide spousal consent, the department will pay you a monthly retirement allowance based on WAC 415-112-504 (3)(d) for Plan 1 or WAC 415-112-505 (2)(c) for Plan 2 and 3 members, option three (joint and one-half survivor benefit allowance) and record your spouse as the survivor beneficiary as required by RCW 41.32.530(2), 41.32.785(2), and 41.32.851(2).
(ii) ((If you are married, but have had a prior dissolution decree on file with the department designating a survivor beneficiary under RCW 41.50.790, spousal consent is not required. The dissolution decree must have been filed at least thirty days prior to your retirement;)) Spousal consent is not required if a dissolution decree designating your survivor beneficiary under RCW 41.50.790 was filed with the department at least thirty days prior to your retirement date.
(2) Evidence of your birth date, only if requested by the department, such as a ((certified copy)) photocopy of your birth certificate, passport or passport card, government-issued driver license or identification card, NEXUS card, naturalization certificate, certificate of armed services record U.S. DD-214, or other documentation acceptable to the department((; and)). If you are requested to submit evidence, the document you submit must include the month, day, and year of your birth.
(3) If you selected a benefit option with a survivor feature, acceptable evidence of your designated survivor beneficiary's birth date which includes the month, day, and year of birth.
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