WSR 08-15-112

PERMANENT RULES

DEPARTMENT OF

RETIREMENT SYSTEMS

[ Filed July 18, 2008, 3:34 p.m. , effective August 18, 2008 ]


Effective Date of Rule: Thirty-one days after filing.

Purpose: The purpose of this rule-making order is to adopt a new rule 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 firefighters' retirement system (LEOFF) Plan 2 who die in the line of duty.

Statutory Authority for Adoption: RCW 41.50.050(5).

Other Authority: RCW 41.26.510.

Adopted under notice filed as WSR 08-12-075 on June 3, 2008.

Changes Other than Editing from Proposed to Adopted Version: There have been minimal changes to further clarify the entities involved in the application and eligibility determination process, although no substantive changes have been made.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 1, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 1, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 1, Amended 0, Repealed 0.

Date Adopted: July 18, 2008.

Sandra J. Matheson

Director

OTS-1696.3


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, as determined by L&I;

(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 the PEBB program within HCA. The PEBB program 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 the PEBB program. DRS or the PEBB program 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 (see chapters 182-08 and 182-12 WAC). 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