WSR 08-12-075

PROPOSED RULES

DEPARTMENT OF

RETIREMENT SYSTEMS

[ Filed June 3, 2008, 2:50 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 06-08-074.

Title of Rule and Other Identifying Information: WAC 415-104-455 Are my spouse and dependent children eligible to have their health care insurance premiums paid for?

Hearing Location(s): Department of Retirement Systems, 6835 Capitol Boulevard, Conference Room 115, Tumwater, WA, on July 9, 2008, at 2:00 p.m.

Date of Intended Adoption: July 10, 2008.

Submit Written Comments to: Sarah Monaly, Rules Coordinator, Department of Retirement Systems, P.O. Box 48380, Olympia, WA 98504-8380, e-mail sarahm@drs.wa.gov, fax (360) 753-3166, by 5:00 p.m. on July 9, 2008.

Assistance for Persons with Disabilities: Contact Sarah Monaly, rules coordinator, by July 2, 2008, TDD (360) 664-7291, TTY (360) 586-5450, phone (360) 664-7291.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The purpose of this proposal is to implement SB 6723 (2006), which provides for the payment of health care insurance premiums for spouses and dependent children of members of the law enforcement officers' and fire fighters' retirement system (LEOFF) Plan 2 who die in the line of duty.

Reasons Supporting Proposal: SB 6723 took effect on June 7, 2006. The department needs to update its rules to assist plan members and their families, employers, and department staff.

Statutory Authority for Adoption: RCW 41.50.050(5).

Statute Being Implemented: RCW 41.26.510.

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

Name of Proponent: Department of retirement systems, governmental.

Name of Agency Personnel Responsible for Drafting: Sarah Monaly, P.O. Box 48380, Olympia, WA 98504-8380, (360) 664-7291; Implementation and Enforcement: Michelle Hardesty, P.O. Box 48380, Olympia, WA 98504-8380, (360) 664-7193.

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

A cost-benefit analysis is not required under RCW 34.05.328. The department of retirement systems is not one of the named departments in RCW 34.05.328.

June 3, 2008

Sarah Monaly

Rules Coordinator

OTS-1696.2


NEW SECTION
WAC 415-104-455   Are my spouse and dependent children eligible to have their health care insurance premiums paid for?   If you are a Plan 2 member and you die in the line of duty, your surviving spouse and/or dependent children may be eligible for PEBB health care insurance and to have their monthly premiums paid for.

(1) Who can have their health care insurance premiums paid for? To have PEBB health care insurance premiums paid for, your beneficiary must:

(a) Be a surviving spouse or surviving dependent child, as defined in RCW 41.26.030, of a Plan 2 member who dies in the line of duty;

(b) Receive a death benefit; and

(c) Be approved for PEBB health care insurance.

(2) Who makes this determination? L&I, DRS, and HCA each play a role in determining your spouse or children's eligibility to have their PEBB health care insurance premiums paid for. L&I will determine whether you died in the line of duty and will notify DRS of their determination. DRS will identify your eligible spouse and dependent children and will notify HCA. HCA will then determine eligibility for enrollment in PEBB health care insurance.

(3) What do my spouse or dependent children need to do to receive these payments? Once DRS is notified of your death in the line of duty, we will send your spouse or dependent children information about enrolling in PEBB health care insurance. If your spouse or dependent children want PEBB health care insurance, they must complete an enrollment application and send it to HCA. DRS or HCA may contact them for more information.

(4) How will the monthly premiums be paid for? Upon enrollment in PEBB health care insurance, DRS will make direct payment of your spouse or dependent children's monthly premiums to HCA. They do not need to send any money to DRS or HCA.

(5) How long can my spouse or dependent children remain enrolled in PEBB health care insurance? Your spouse or dependent children can remain enrolled in PEBB health care insurance so long as they are eligible under HCA rules. As long as they are eligible for PEBB health care insurance, their monthly premiums will be paid for by DRS.

(6) Definitions:

(a) DRS - department of retirement systems.

(b) HCA - health care authority.

(c) L&I - department of labor and industries.

(d) PEBB - public employees benefits board.

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Washington State Code Reviser's Office