WSR 16-21-059
PERMANENT RULES
DEPARTMENT OF
RETIREMENT SYSTEMS
[Filed October 14, 2016, 1:55 p.m., effective November 14, 2016]
Effective Date of Rule: Thirty-one days after filing.
Purpose: Birth evidence, updating the rules to reflect current administrative practice to only require a member to submit proof of age if the department of retirement systems has questions about the member's age.
Citation of Existing Rules Affected by this Order: Amending WAC 415-106-610 and 415-112-507.
Statutory Authority for Adoption: RCW 41.50.050(5).
Adopted under notice filed as WSR 16-18-055 on August 31, 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 2, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 2, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: October 11, 2016.
Tracy Guerin
Director
AMENDATORY SECTION (Amending WSR 08-02-046, filed 12/27/07, effective 1/27/08)
WAC 415-106-610 How do I apply for retirement benefits?
You should apply for retirement benefits at least thirty days before your intended retirement date. You can apply online at the department's web site or by submitting to the department:
(1) A completed, signed and notarized retirement application, including:
(a) Your selection of one of the benefit options described in WAC 415-106-600.
(b) Designation of a survivor beneficiary if you selected a benefit option with a survivor feature.
(c) If you are married, your spouse's notarized signature indicating consent to the retirement option you selected.
(i) If you are married and you do not provide spousal consent, the department will pay you a monthly retirement allowance based on WAC 415-106-600 (2)(c), option three (joint and one-half survivor benefit allowance) and record your spouse as the survivor beneficiary as required by RCW 41.37.170 (2)(a).
(ii) Spousal consent is not required if a dissolution decree designating your survivor beneficiary under RCW 41.50.790 was filed with the department at least thirty days prior to your retirement date.
(2) Evidence of your birth date, only if requested by the department, such as a photocopy of your ((certified)) birth certificate, passport((,)) or passport card, government-issued driver license or identification card, NEXUS card, naturalization certificate, certificate of armed services record U.S. DD-214, or other documentation acceptable to the department. If you are requested to submit evidence, the document you submit must include the month, day, and year of your birth.
(3) If you selected a benefit option with a survivor feature, acceptable evidence of your designated survivor beneficiary's birth date which includes the month, day, and year of birth.
AMENDATORY SECTION (Amending WSR 05-12-108, filed 5/27/05, effective 6/27/05)
WAC 415-112-507 How do I apply for retirement benefits?
((To)) You should apply for retirement benefits((, you must submit the following)) at least thirty days before your intended retirement date. You can apply online at the department's web site or by submitting to the department:
(1) A completed, signed, and notarized retirement application, including:
(a) Your selection of one of the benefit options described in WAC 415-112-493.
(b) Designation of a survivor beneficiary if you selected a benefit option with a survivor feature.
(c) If you are married, your spouse's notarized signature indicating consent to the retirement option you selected. See WAC 415-112-015(10).
(i) If you are married and you do not provide spousal consent, the department will pay you a monthly retirement allowance based on WAC 415-112-504 (3)(d) for Plan 1 or WAC 415-112-505 (2)(c) for Plan 2 and 3 members, option three (joint and one-half survivor benefit allowance) and record your spouse as the survivor beneficiary as required by RCW 41.32.530(2), 41.32.785(2), and 41.32.851(2).
(ii) ((If you are married, but have had a prior dissolution decree on file with the department designating a survivor beneficiary under RCW 41.50.790, spousal consent is not required. The dissolution decree must have been filed at least thirty days prior to your retirement;)) Spousal consent is not required if a dissolution decree designating your survivor beneficiary under RCW 41.50.790 was filed with the department at least thirty days prior to your retirement date.
(2) Evidence of your birth date, only if requested by the department, such as a ((certified copy)) photocopy of your birth certificate, passport or passport card, government-issued driver license or identification card, NEXUS card, naturalization certificate, certificate of armed services record U.S. DD-214, or other documentation acceptable to the department((; and)). If you are requested to submit evidence, the document you submit must include the month, day, and year of your birth.
(3) If you selected a benefit option with a survivor feature, acceptable evidence of your designated survivor beneficiary's birth date which includes the month, day, and year of birth.