WSR 04-01-008

PROPOSED RULES

DEPARTMENT OF

RETIREMENT SYSTEMS

[ Filed December 4, 2003, 9:57 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 03-08-012.

Title of Rule: WAC 415-02-720 What does the department charge for processing split payments?

Purpose: Transfer longstanding policy of charging fees for processing legal orders into WAC.

Statutory Authority for Adoption: RCW 41.50.050(5).

Statute Being Implemented: RCW 26.18.110(4), 26.23.060(9), 41.50.600, 41.50.680, 74.20A.080(15).

Summary: The Department of Retirement Systems (DRS) is proposing a new rule regarding the fees it charges for processing mandatory benefit assignment orders, child support orders, and property division obligations.

Reasons Supporting Proposal: These fees should be in WAC where the public can more easily find the information.

Name of Agency Personnel Responsible for Drafting: Merry A. Kogut, P.O. Box 48380, Olympia, WA 98504-8380, (360) 664-7291; Implementation and Enforcement: Dave Nelsen, P.O. Box 48380, Olympia, WA 98504-8380, (360) 664-7304.

Name of Proponent: Department of Retirement Systems, governmental.

Rule is not necessitated by federal law, federal or state court decision.

Explanation of Rule, its Purpose, and Anticipated Effects: This new rule shows the fees that DRS charges for processing split payments. DRS is putting a longstanding policy into WAC.

Proposal does not change existing rules.

No small business economic impact statement has been prepared under chapter 19.85 RCW. These amendments have no effect on businesses.

RCW 34.05.328 does not apply to this rule adoption. The Department of Retirement Systems is not one of the named departments in RCW 34.05.328.

Hearing Location: Department of Retirement Systems, 6835 Capitol Boulevard, Conference Room 115, Tumwater, WA, on January 27, 2004, at 9:00 a.m.

Assistance for Persons with Disabilities: Contact the rules coordinator by seven days before the hearing, if possible, phone (360) 664-7291, TTY (360) 586-5450, e-mail merryk@drs.wa.gov.

Submit Written Comments to: Identify WAC Numbers, Merry A. Kogut, Rules Coordinator, Department of Retirement Systems, P.O. Box 48380, Olympia, WA 98504-8380, e-mail Merryk@drs.wa.gov, fax (360) 753-3166 by 5:00 p.m. on January 27, 2004.

Date of Intended Adoption: No sooner than January 28, 2004.

November 24, 2003

Merry A. Kogut

Rules Coordinator

OTS-6831.1


NEW SECTION
WAC 415-02-720   What does the department charge for processing split payments?   This section applies whenever the department administers split payments for child support, mandatory benefit assignment orders (MBAOs), or other direct pay orders.


Type Amount Statutory Authority
(1) Child support Ten dollars for the first disbursement and one dollar for each additional. Fees will be charged to the obligor RCW 26.18.110(4); 26.23.060(9) and 74.20A.080(15)
(2) Mandatory assignment of retirement benefits (MBAO) Twenty-five dollars for the first disbursement and six dollars for each additional. Fees will be charged to the obligor RCW 41.50.600(4)
(3) Property division obligations (see also WAC 415-02-500(11)) Seventy-five dollars for the first disbursement and six dollars for each additional. Fees will be divided equally between the obligor and obligee RCW 41.50.680

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