WSR 01-08-076

PROPOSED RULES

DEPARTMENT OF

RETIREMENT SYSTEMS

[ Filed April 3, 2001, 3:07 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 01-04-028.

Title of Rule: WAC 415-630-025 May I change or revoke the terms of my salary reduction agreement (SRA) during the plan year? and 415-630-030 What constitutes a qualifying change in status?

Purpose: On February 1, 2001, the Department of Retirement Systems (DRS) adopted an emergency change to WAC 415-630-030 to comply with a change in Internal Revenue Service tax regulations which provided more flexibility to the department care assistance salary reduction plan (DCAP) program. DRS is now proposing a permanent rule. Besides complying with the IRS code, DRS has broken the rule into two rules and made several other changes in an attempt to make the provisions more clear and easier to understand.

Statutory Authority for Adoption: RCW 41.50.050.

Statute Being Implemented: RCW 41.04.600 - 41.04.645, U.S.C. 125, 26 C.F.R. Part 1 (Tax Treatment of Cafeteria Plans).

Summary: WAC 415-630-025 and 415-630-030 explain if and when a DCAP participant may change a salary reduction agreement, and what constitutes a qualifying change.

Reasons Supporting Proposal: IRS tax code change and DRS' interest in converting rules to "Plain English."

Name of Agency Personnel Responsible for Drafting: Merry A. Kogut, P.O. Box 48380, Olympia, WA 98504-8380, (360) 664-7291; Implementation and Enforcement: Anne Holdren, P.O. Box 48380, Olympia, WA 98504-8380, (360) 664-7009.

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: On February 1, 2001, DRS adopted an emergency change to WAC 415-630-030 to comply with a change in Internal Revenue Service tax regulations which provided more flexibility to the dependent care assistance salary reduction plan (DCAP) program. DRS is now proposing a permanent rule. Besides complying with the IRS code, DRS has broken the rule into two rules and made several other changes in an attempt to make the provisions more clear and easier to understand.

Proposal Changes the Following Existing Rules: [No information supplied by agency.]

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 this section (RCW 34.05.328).

Hearing Location: Department of Retirement Systems, 6835 Capitol Boulevard, Boardroom 3rd Floor, Tumwater, WA, on May 8, 2001, at 11:00 a.m.

Assistance for Persons with Disabilities: Contact Rules Coordinator by seven days before hearing, if possible, phone (360) 644-7291, 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. May 8, 2001.

Date of Intended Adoption: No sooner than May 9, 2001.

April 3, 2001

Merry A. Kogut

Rules Coordinator

OTS-4724.2


NEW SECTION
WAC 415-630-025   May I change or revoke the terms of my salary reduction agreement (SRA) during the plan year?   The SRA is irrevocable during the plan year unless you have a qualifying change in status as defined in WAC 415-630-030. If you have experienced a qualifying change in status and need to change or revoke your SRA, you must fill out a new SRA form and submit it to the department. Such changes require approval by the department. An explanation of the requested change may be required.

[]


AMENDATORY SECTION(Amending WSR 96-16-020, filed 7/29/96, effective 7/29/96)

WAC 415-630-030   What constitutes a qualifying change((s)) in ((family)) status((.))?   ((A participant is permitted to revoke a salary reduction agreement after the period of coverage has commenced and to enter a new salary reduction agreement regarding the remainder of the plan year if both the revocation and new election are on account of and consistent with any of the following changes in family status:)) The following are qualifying changes in status for purposes of DCAP:

     (1) Marriage;

     (2) Divorce or legal separation;

     (3) Death of a spouse or dependent;

     (4) Addition of a dependent to the eligible employee's household, such as the birth or adoption of a child ((or addition of a dependent to the eligible employee's household));

     (5) Termination of spouse's employment ((of a spouse));

     (6) Employment of an unemployed spouse; and

     (7) A change in the ((eligible employee's or eligible employee's spouse's working hours which significantly alters the need for dependent care; example: A shift from full time to part time, part time to full time, or a change to or from leave without pay status.

     (8) Such other events that the department determines will permit a change or revocation of an election during a plan year under regulations and rulings of the Internal Revenue Service.

     An eligible employee may also become a participant in the plan on the basis of a change in family status)) work hours of the eligible employee or spouse that alters the need for dependent care.

     (8) A change in dependent care provider;

     (9) A change in dependent care provider cost; or

     (10) No longer use dependent care services.

[Statutory Authority: RCW 41.50.050 and 41.50.780(11). 96-16-020, § 415-630-030, filed 7/29/96, effective 7/29/96.]

© Washington State Code Reviser's Office