WSR 16-12-051 PERMANENT RULES DEPARTMENT OF RETIREMENT SYSTEMS [Filed May 25, 2016, 4:43 p.m., effective June 25, 2016] Effective Date of Rule: Thirty-one days after filing.
Purpose: Clarifies how the department processes stakeholders' petitions for review of administrative decisions.
Citation of Existing Rules Affected by this Order: Repealing WAC 415-04-010; and amending WAC 415-04-040.
Statutory Authority for Adoption: RCW 41.50.050(5).
Adopted under notice filed as WSR 16-09-054 on April 15, 2016.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 1, Repealed 1.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 1, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.
Date Adopted: May 25, 2016.
Marcie Frost
Director
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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