WSR 16-09-054 PROPOSED RULES DEPARTMENT OF RETIREMENT SYSTEMS [Filed April 15, 2016, 3:31 p.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 16-05-082.
Title of Rule and Other Identifying Information: Amending WAC 415-04-040 What will the department do after receiving my petition?; and repealing WAC 415-04-010 Definitions.
Hearing Location(s): Department of Retirement Systems, Conference Room 115, 6835 Capitol Boulevard S.E., Tumwater, WA 98502, on Wednesday, May 25, 2016, at 10:00 a.m.
Date of Intended Adoption: May 25, 2016.
Submit Written Comments to: Jilene Siegel, Department of Retirement Systems, P.O. Box 48380, Olympia, WA 98504-8380, e-mail jilenes@drs.wa.gov, fax (360) 753-5397, by May 24, 2016, 5:00 p.m.
Assistance for Persons with Disabilities: Contact Jilene Siegel by May 23, 2016, TTY (866) 377-8895 or (360) 586-5450.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: This amendment clarifies how the department processes stakeholders' petitions for review of administrative decisions.
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: Ceil Buddeke, P.O. Box 48380, Olympia, WA 98504-8380, (360) 664-7307; and Implementation: Jacob White, P.O. Box 48380, Olympia, WA 98504-8380, (360) 664-7219.
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. The department of retirement systems is not listed in RCW 34.05.328 as required to prepare a cost-benefit analysis.
April 15, 2016
Jilene Siegel
Rules Coordinator
AMENDATORY SECTION (Amending WSR 04-09-042, filed 4/14/04, effective 5/15/04)
WAC 415-04-040 What will the department do after receiving my petition?
(((1) A petition examiner will review your petition.
(2) Within fourteen days from the date that you file a petition with the department, the petition examiner will determine whether you have a sufficient stake in the outcome of the proceeding to have the department consider the issues in your petition.
(a) If the petition examiner determines that you do not have a sufficient stake in the outcome, the petition examiner:
(i) May refer the matter back to the plan administrator for further investigation.
(ii) Will notify you of this decision within fourteen days of the date you file the petition. You may appeal this decision to the presiding officer under WAC 415-04-050.
(b) If the petition examiner determines that you do have a sufficient stake in the outcome, the petition examiner:
(i) Will notify interested parties, such as the member, current or former employer(s), designated beneficiaries, former spouse or the department, that you filed a petition;
(ii) Will request that the interested parties submit any written response to the petition no later than twenty days from the date of receipt of the notice;
(iii) May extend the time limit for response if the interested party shows a good reason to need more time.
(3) The petition examiner may request additional information at any time.
(4) The petition examiner will forward a copy of an interested party's response to you.
(a) You will have ten days to reply.
(b) The petition examiner may extend your time to respond if you demonstrate that you need more time for good reason.
(c) If an extension is not granted and you do not reply within ten days, you waive the right to reply.
(5) The petition examiner will issue a written decision within sixty days of:
(a) The end of your final period to reply under subsection (4) of this section; or
(b) Receipt of additional information from the department or the office of the attorney general necessary to make a decision.
(6) In the written decision, the petition examiner will state facts and sources of law used to make the decision. The petition examiner will send a copy to you and to the other parties.
(7) The petition examiner may refer the petition back to the plan administrator for an administrative determination without issuing a petition decision if:
(a) The petition adds new issues or facts that have not been addressed in the plan administrator's final determination; or
(b) The plan administrator did not have access to a petition decision or final order of the department that would have changed the outcome of the administrative determination.)) The department's petition examiner will:
(1) Acknowledge receipt of your petition;
(2) Notify persons or entities potentially impacted by the outcome of the process, such as the member, current or former employer(s), designated beneficiaries, or former spouse, that you filed a petition;
(3) If deemed necessary or useful, request additional information at any time;
(4) Issue a written decision within ninety days of the date the department received your petition, unless that deadline is extended for good cause; and
(5) If deemed necessary or useful, and without issuing a petition decision, refer the petition back to the appropriate administrator for a new determination if:
(a) The petition adds new issues or facts that have not been addressed in the plan administrator's final determination; or
(b) The administrator did not have access to information that may have changed the outcome of the administrative determination.
REPEALER
The following section of the Washington Administrative Code is repealed:
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