WSR 03-23-005

PREPROPOSAL STATEMENT OF INQUIRY

DEPARTMENT OF

RETIREMENT SYSTEMS

[ Filed November 7, 2003, 11:04 a.m. ]

Subject of Possible Rule Making: Survivor benefit options, the Department of Retirement Systems (DRS) plans to engage in rule making related to the situation in which a surviving spouse or other beneficiary dies before making a choice regarding the benefits.

Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 41.50.050(5).

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: DRS does not presently have an interpretive rule regarding a situation in which a member's or retiree's beneficiary dies before making a choice. This scenario can occur in a variety of instances, such as in a car accident in which a member dies, and his or her surviving spouse dies a day later.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: None.

Process for Developing New Rule: Department staff will work on the project, with the assistance of the Office of the Attorney General. The public is invited and encouraged to participate, as described below.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication. DRS encourages your active participation in the rule-making process. Anyone interested in participating should contact the rules coordinator, below. After the rule(s) is drafted, DRS will file a copy with the Office of the Code Reviser with a notice of proposed rule making, and send a copy to everyone currently on the mailing list and anyone else who requests a copy. For more information on how to participate, please contact Merry A. Kogut, Rules Coordinator, Department of Retirement Systems, Mailstop 48380, P.O. Box 48380, Olympia, WA 98504-8380, voice (360) 664-7291, TTY (360) 586-5450, e-mail merryk@drs.wa.gov, fax (360) 753-3166.

November 6, 2003

Merry A. Kogut

Rules Coordinator

Legislature Code Reviser 

Register

Washington State Code Reviser's Office