Federal Benefit Payments Under Certain District of Columbia Retirement Plans, 60003-60005 [05-20610]
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60003
Federal Register / Vol. 70, No. 198 / Friday, October 14, 2005 / Rules and Regulations
Rate set
For plans with a valuation
date
On or after
*
*
145 ............................................
Before
*
11–1–05
3. In appendix C to part 4022, Rate Set
145, as set forth below, is added to the
table.
I
i2
i3
*
n1
n2
*
4.00
4.00
*
4.00
7
8
Appendix C to Part 4022—Lump Sum
Interest Rates For Private-Sector
Payments
*
*
For plans with a valuation
date
On or after
*
*
145 ............................................
i1
*
2.50
12–1–05
*
Rate set
Deferred annuities
(percent)
Immediate
annuity rate
(percent)
Before
*
Deferred annuities
(percent)
Immediate
annuity rate
(percent)
*
11–1–05
*
*
2.50
12–1–05
i2
i1
i3
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n1
n2
*
4.00
4.00
*
4.00
7
8
Authority: 29 U.S.C. 1301(a), 1302(b)(3),
1341, 1344, 1362.
PART 4044—ALLOCATION OF
ASSETS IN SINGLE-EMPLOYER
PLANS
Appendix B to Part 4044—Interest
Rates Used to Value Benefits
5. In appendix B to part 4044, a new
entry for November 2005, as set forth
below, is added to the table.
*
I
4. The authority citation for part 4044
continues to read as follows:
I
*
*
*
*
The values of it are:
For valuation dates occurring in the month—
it
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*
November 2005 ....................................................................
Issued in Washington, DC, on this 7th day
of October 2005.
Vincent K. Snowbarger,
Deputy Executive Director, Pension Benefit
Guaranty Corporation.
[FR Doc. 05–20581 Filed 10–13–05; 8:45 am]
BILLING CODE 7708–01–P
DEPARTMENT OF THE TREASURY
31 CFR Part 29
RIN 1505–AB55
Federal Benefit Payments Under
Certain District of Columbia
Retirement Plans
Departmental Offices, Treasury.
Final rule.
AGENCY:
ACTION:
SUMMARY: The Department of the
Treasury is issuing final regulations to
amend its DC Pensions rules
promulgated pursuant to Title XI of the
Balanced Budget Act of 1997, as
amended, which was effective on
October 1, 1997. The Act assigns to the
Secretary of the Treasury responsibility
for payment of benefits based on service
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15:42 Oct 13, 2005
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for t =
*
.0370
it
*
1–20
accrued as of June 30, 1997, under the
retirement plans for District of Columbia
teachers and police officers and
firefighters, and payment of past and
future benefits under the retirement
plan for District of Columbia judges.
The amended regulations implement the
provisions of the Act that provide the
Secretary with the responsibility to
ensure the accuracy of payments made
to annuitants before the effective date of
the Act.
DATES: This final rule is effective
October 14, 2005.
FOR FURTHER INFORMATION CONTACT:
Elizabeth Cuffe, Office of the General
Counsel, MT Room 2209A, Department
of the Treasury, 1500 Pennsylvania
Avenue, NW., Washington, DC 20220,
(202–622–1682, not a toll-free call).
SUPPLEMENTARY INFORMATION: On April
13, 2005, the Department of the
Treasury published (at 70 FR 19366)
proposed regulations to amend the
regulations in Part 29 that implement
Title XI of the Balanced Budget Act of
1997, Public Law 105–33, 111 Stat. 251,
712–731, 756–759, as amended (the
Act). The Act transferred certain
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for t =
*
>20
.0475
it
N/A
for t =
*
N/A
pension liabilities from the District of
Columbia Government to the Federal
Government. The Act requires that the
Secretary of the Treasury (the Secretary)
pay certain benefits under the
retirement plans for District of Columbia
teachers (Teachers Plan) and police
officers and firefighters (Police and
Firefighters Plan) based on service
accrued on or before June 30, 1997, and
benefits under the retirement plan for
District of Columbia judges (Judges
Plan) regardless of when service
accrued. On December 23, 2004, the
District of Columbia Retirement
Protection Improvement Act of 2004,
Public Law 108–489, 118 Stat. 3966 (the
2004 Act) was enacted. The 2004 Act
amended the Act, in part, to create a
new fund from the two funds that had
financed the Teachers Plan and the
Police and Firefighters Plan and to
provide the Judges Plan with procedures
for resolving denied benefit claims.
The Act provides the Secretary with
authority to ensure the accuracy of
Federal Benefit Payments made before
October 1, 1997, under the Police and
Firefighters Plan and the Teachers Plan.
Section 11012 of the Act requires the
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60004
Federal Register / Vol. 70, No. 198 / Friday, October 14, 2005 / Rules and Regulations
Secretary to make benefit payments
under the Police and Firefighters Plan
and Teachers Plan based on service
accrued on or before June 30, 1997. An
annuitant’s entitlement to the correct
payment amount based on that service,
but not more than that amount, does not
expire. Thus, the Secretary’s authority
to review and ensure the accuracy of all
payments based on service accrued on
or before June 30, 1997, extends to all
such payments whether made before or
after the October 1, 1997, effective date
of the Act.
In the case of the Judges Plan, section
11251(a) of the Act (codified at DC
Official Code section 11–1570(c)(2)(A))
vests in the Secretary authority over
Federal Benefit Payments made under
the Judges Plan before the October 1,
1997, effective date of the Act.
Accordingly, the Secretary has authority
to ensure the accuracy of payments
made before October 1, 1997, under the
Judges Plan, the Police and Firefighters
Plan, and the Teachers Plan.
The amendments to Part 29 reflect the
authority of the Secretary as provided in
the sections of the Act discussed above
and the manner in which that authority
is being administered by the Treasury
Department.
The 2004 Act amended the Act to
create the District of Columbia Teachers,
Police Officers, and Firefighters Federal
Pension Fund with the assets
transferred from the District of
Columbia Federal Pension Liability
Trust Fund and the Federal
Supplemental District of Columbia
Pension Fund, which funds were
terminated. The 2004 Act also amended
the Act to provide the Judges Plan with
procedures for resolving denied benefit
claims.
The Secretary has the authority under
section 11083 and paragraph 11251(b)
(codified as DC Official Code section
11–1572(a)) of the Act ‘‘to issue
regulations to implement, interpret,
administer and carry out the purposes of
this [Act], and, in the Secretary’s
discretion, those regulations may have
retroactive effect.’’ The original
regulations by their terms apply only to
Federal Benefit Payments made on or
after October 1, 1997, the effective date
of the Act. See 31 CFR 29.101(c).
Therefore, the Department of the
Treasury amends the original
regulations to implement the Secretary’s
authority under the Act to ensure the
accuracy of payments made to
annuitants prior to the October 1, 1997,
effective date of the Act. The
Department also amends the original
regulations to reflect the changes made
in the 2004 Act and to make several
technical changes as specified below.
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Jkt 208001
Comments on the proposed rule were
requested by June 13, 2005. The
Department received two comments in
support of the proposed regulations.
Therefore, the proposed regulations are
being adopted without change as final
regulations.
Administrative Procedure Act
Because the amendments contained in
this final rule are mandated by the 2004
Act, have retroactive effect pursuant to
section 11083 or 11251(b) of the Act, or
are technical changes, it has been
determined, pursuant to 5 U.S.C.
553(d)(3) that a delayed effective date is
unnecessary.
Regulatory Flexibility Act
It is hereby certified that this final
rule will not have a significant
economic impact on a substantial
number of small entities. The rule only
affects the determination of the Federal
portion of retirement benefits to certain
former employees of the District of
Columbia. Accordingly, a regulatory
flexibility analysis is not required by the
Regulatory Flexibility Act (5 U.S.C.
chapter 6).
Executive Order 12866
This rule is not a significant
regulatory action as defined by
Executive Order 12866, 58 FR 51735.
Therefore, a regulatory assessment is not
required.
List of Subjects in 31 CFR Part 29
Administrative practice and
procedure, Claims, Disability benefits,
Firefighters, Government employees,
Intergovernmental relations, Law
enforcement officers, Pensions,
Retirement, Teachers.
I Accordingly, the Department of the
Treasury is amending title 31, part 29,
Code of Federal Regulations, to read as
follows:
PART 29—FEDERAL BENEFIT
PAYMENTS UNDER CERTAIN
DISTRICT OF COLUMBIA
RETIREMENT PROGRAMS
1. The authority citation for Part 29 is
revised to read as follows:
I
Authority: Subtitle A, Subchapter B of
Chapter 4 of Subtitle C, and Chapter 3 of
Subtitle H, of Pub. L. 105–33, 111 Stat. 712–
731, 756–759, and 786–787; as amended.
2. In § 29.101, paragraphs (a) and (c)
are revised, and paragraph (e) is added,
to read as follows:
I
§ 29.101
Purpose and scope.
(a) This part contains the
Department’s regulations implementing
Subtitle A, Subchapter B of Chapter 4 of
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Subtitle C, and Chapter 3 of Subtitle H,
of Title XI of the Balanced Budget Act
of 1997, Public Law 105–33, 111 Stat.
251, 712–731, 756–759, enacted August
5, 1997, as amended.
*
*
*
*
*
(c) This part applies to Federal Benefit
Payments.
*
*
*
*
*
(e) This part does not apply to the
District of Columbia replacement plan,
which covers payments based on service
accrued after June 30, 1997, pursuant to
section 11042 of the Act.
I 3. In § 29.103, definitions for Act,
Benefits Administrator, Federal Benefit
Payment, and Retirement Funds in
paragraph (a) are revised to read as
follows:
§ 29.103
Definitions.
(a) In this part—
Act means Subtitle A, Subchapter B of
Chapter 4 of Subtitle C, and Chapter 3
of Subtitle H, of Title XI of the Balanced
Budget Act of 1997, Public Law 105–33,
111 Stat. 251, 712–731, 756–759, as
amended.
Benefits Administrator means:
(1) For the Teachers Plan and the
Police and Firefighters Plan under
section 11041(a) of the Act:
(i) During the interim benefits
administration period, the District of
Columbia government; or
(ii) After the end of the interim
benefits administration period:
(A) The Trustee selected by the
Department under sections 11035(a) or
11085(a) of the Act;
(B) The Department, if a
determination is made under sections
11035(d) or 11085(d) of the Act that, in
the interest of economy and efficiency,
the function of the Trustee shall be
performed by the Department rather
than the Trustee; or
(C) Any other agent of the Department
designated to make initial benefit
determinations and/or to recover or
recoup or waive recovery or recoupment
of overpayments of Federal Benefit
Payments, or to recover or recoup debts
owed to the Federal Government by
annuitants; or
(2) For the Judges Plan under section
11252(b) of the Act:
(i) During the interim benefits
administration period, the District of
Columbia government; or
(ii) After the end of the interim
benefits administration period for the
Judges Plan:
(A) The Trustee selected by the
Department under section 11251(a) of
the Act;
(B) The Department, if a
determination is made under section
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Federal Register / Vol. 70, No. 198 / Friday, October 14, 2005 / Rules and Regulations
11251(a) of the Act that, in the interest
of economy and efficiency, the function
of the Trustee shall be performed by the
Department rather than the Trustee; or
(C) Any other agent of the Department
designated to make initial benefit
determinations and/or to recover or
recoup or waive recovery or recoupment
of overpayments of Federal Benefit
Payments, or to recover or recoup debts
owed to the Federal Government by
annuitants.
*
*
*
*
*
Federal Benefit Payment means a
payment for which the Department is
responsible under the Act, to which an
individual is entitled under the Judges
Plan, the Police and Firefighters Plan, or
the Teachers Plan, in such amount and
under such terms and conditions as may
apply under such plans, including
payments made under these plans
before, on, or after the October 1, 1997,
effective date of the Act. Service after
June 30, 1997, shall not be credited for
purposes of determining the amount of
any Federal Benefit Payment under the
Teachers Plan and the Police and
Firefighters Plan.
*
*
*
*
*
Retirement Funds means the District
of Columbia Teachers, Police Officers,
and Firefighters Federal Pension Fund
established under section 11081 of the
Act, the District of Columbia Judicial
Retirement and Survivors Annuity Fund
established under section 11252 of the
Act, and their predecessor funds.
*
*
*
*
*
I 4. Section 29.201 is revised to read as
follows:
§ 29.201
Purpose and scope.
This subpart contains information
concerning the relationship between the
Department and the District government
in the administration of the Act and the
functions of each in the administration
of that Act.
I 5. In § 29.401, paragraphs (a)(2) and
(3) are revised, and paragraph (c) is
added, to read as follows:
§ 29.401
Purpose.
(a) * * *
(2) The procedures for determining an
individual’s eligibility for a Federal
Benefit Payment and the amount and
form of an individual’s Federal Benefit
Payment as required by sections 11021
and 11251(a) (codified at DC Official
Code section 11–1570(c)(2)(a)) of the
Act;
(3) The appeal rights available under
section 11022(a) of the Act and section
3 of the 2004 Act (codified at DC
Official Code section 11–1570(c)(3)) to
claimants whose claim for Federal
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Jkt 208001
Benefit Payments is denied in whole or
in part; and
*
*
*
*
*
(c) This part does not apply to claims
and appeals filed before October 1,
1997. Such claims must be pursued
with the District of Columbia.
60005
Guard Marine Safety Office, PO Box
486, Valdez, Alaska 99686. Marine
Safety Office Valdez, Port Operations
Department maintains the public docket
for this rulemaking. Comments and
materials received from the public, as
well as documents indicated in this
preamble as being available in the
§ 29.402 [Amended]
docket, will become part of this docket
and will be available for inspection or
I 6. In § 29.402, the definitions for Act
and Benefits Administrator are removed. copying at Marine Safety Office Valdez,
105 Clifton, Valdez, AK 99686 between
I 7. In § 29.501, paragraph (e) is added
7:30 a.m. and 4:30 p.m., Monday
to read as follows:
through Friday, except Federal holidays.
§ 29.501 Purpose; incorporation by
FOR FURTHER INFORMATION CONTACT:
reference; scope.
LTJG Duane Lemmon, Port Operations
*
*
*
*
*
Department, U.S. Coast Guard Marine
(e) This part does not apply to debt
Safety Office Valdez, Alaska, (907) 835–
collection claims asserted and requests
7218.
for waivers of collection initiated before
SUPPLEMENTARY INFORMATION:
October 1, 1997. Such debt collection
claims must be pursued by the District
Regulatory History
of Columbia and such requests for
On June 30, 2005, we published a
waivers of collection must be pursued
temporary final rule entitled ‘‘Security
with the District of Columbia.
Zones; TAPS Terminal, Valdez Narrows,
Dated: October 6, 2005.
and Tank Vessels in COTP Prince
Rochelle F. Granat,
William Sound’’ in the Federal Register
Director, Office of DC Pensions.
(70 FR 37681). That rule is only
effective to October 11, 2005.
[FR Doc. 05–20610 Filed 10–13–05; 8:45 am]
A notice of proposed rulemaking
BILLING CODE 4811–37–P
(NPRM) was not published for this
regulation. In accordance with 5 U.S.C.
553(b)(B), the Coast Guard finds good
DEPARTMENT OF HOMELAND
cause exists for not publishing an
SECURITY
NPRM. The Coast Guard is taking this
Coast Guard
action for the immediate protection of
the national security interests in light of
33 CFR Part 165
terrorist acts perpetrated on September
11, 2001, and the continuing threat that
[COTP Prince William Sound 05–012]
remains from those who committed
RIN 1625–AA87
those acts. Also, in accordance with 5
U.S.C 553(d)(3), the Coast Guard finds
Security Zones; Port Valdez and
good cause to exist for making this
Valdez Narrows, Valdez, AK
regulation effective less than 30 days
after publication in the Federal
AGENCY: Coast Guard, DHS.
Register. Publication of a notice of
ACTION: Temporary final rule.
proposed rulemaking and delay of
effective date would be contrary to the
SUMMARY: The Coast Guard is
public interest because immediate
continuing temporary security zones
encompassing the Trans-Alaska Pipeline action is necessary to provide for the
safety of the TAPS terminal and TAPS
(TAPS) Valdez Terminal Complex,
tank vessels.
Valdez, Alaska and TAPS Tank Vessels
On November 7, 2001, we published
and Valdez Narrows, Port Valdez,
three temporary final rules in the
Alaska, and is reducing the size of one
of these zones. These temporary security Federal Register (66 FR 56208, 56210,
zones will remain effective until January 56212) that created security zones
effective through June 1, 2002. The
12, 2006, while we complete a separate
rulemaking to create permanent security section numbers and titles for these
zones are—
zones in these locations.
DATES: This rule is effective from
Section 165.T17–003—Security zone;
October 11, 2005, through January 12,
Trans-Alaska Pipeline Valdez
2006. Comments and related material on
Terminal Complex, Valdez, Alaska,
this temporary final rule must reach the Section 165.T17–004—Security zone;
Coast Guard on or before December 13,
Port Valdez, and
2005.
Section 165.T17–005—Security zones;
Captain of the Port Zone, Prince
ADDRESSES: You may mail comments
William Sound, Alaska.
and material received to U.S. Coast
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]]>Agencies
[Federal Register Volume 70, Number 198 (Friday, October 14, 2005)]
[Rules and Regulations]
[Pages 60003-60005]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-20610]
=======================================================================
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DEPARTMENT OF THE TREASURY
31 CFR Part 29
RIN 1505-AB55
Federal Benefit Payments Under Certain District of Columbia
Retirement Plans
AGENCY: Departmental Offices, Treasury.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Department of the Treasury is issuing final regulations to
amend its DC Pensions rules promulgated pursuant to Title XI of the
Balanced Budget Act of 1997, as amended, which was effective on October
1, 1997. The Act assigns to the Secretary of the Treasury
responsibility for payment of benefits based on service accrued as of
June 30, 1997, under the retirement plans for District of Columbia
teachers and police officers and firefighters, and payment of past and
future benefits under the retirement plan for District of Columbia
judges. The amended regulations implement the provisions of the Act
that provide the Secretary with the responsibility to ensure the
accuracy of payments made to annuitants before the effective date of
the Act.
DATES: This final rule is effective October 14, 2005.
FOR FURTHER INFORMATION CONTACT: Elizabeth Cuffe, Office of the General
Counsel, MT Room 2209A, Department of the Treasury, 1500 Pennsylvania
Avenue, NW., Washington, DC 20220, (202-622-1682, not a toll-free
call).
SUPPLEMENTARY INFORMATION: On April 13, 2005, the Department of the
Treasury published (at 70 FR 19366) proposed regulations to amend the
regulations in Part 29 that implement Title XI of the Balanced Budget
Act of 1997, Public Law 105-33, 111 Stat. 251, 712-731, 756-759, as
amended (the Act). The Act transferred certain pension liabilities from
the District of Columbia Government to the Federal Government. The Act
requires that the Secretary of the Treasury (the Secretary) pay certain
benefits under the retirement plans for District of Columbia teachers
(Teachers Plan) and police officers and firefighters (Police and
Firefighters Plan) based on service accrued on or before June 30, 1997,
and benefits under the retirement plan for District of Columbia judges
(Judges Plan) regardless of when service accrued. On December 23, 2004,
the District of Columbia Retirement Protection Improvement Act of 2004,
Public Law 108-489, 118 Stat. 3966 (the 2004 Act) was enacted. The 2004
Act amended the Act, in part, to create a new fund from the two funds
that had financed the Teachers Plan and the Police and Firefighters
Plan and to provide the Judges Plan with procedures for resolving
denied benefit claims.
The Act provides the Secretary with authority to ensure the
accuracy of Federal Benefit Payments made before October 1, 1997, under
the Police and Firefighters Plan and the Teachers Plan. Section 11012
of the Act requires the
[[Page 60004]]
Secretary to make benefit payments under the Police and Firefighters
Plan and Teachers Plan based on service accrued on or before June 30,
1997. An annuitant's entitlement to the correct payment amount based on
that service, but not more than that amount, does not expire. Thus, the
Secretary's authority to review and ensure the accuracy of all payments
based on service accrued on or before June 30, 1997, extends to all
such payments whether made before or after the October 1, 1997,
effective date of the Act.
In the case of the Judges Plan, section 11251(a) of the Act
(codified at DC Official Code section 11-1570(c)(2)(A)) vests in the
Secretary authority over Federal Benefit Payments made under the Judges
Plan before the October 1, 1997, effective date of the Act.
Accordingly, the Secretary has authority to ensure the accuracy of
payments made before October 1, 1997, under the Judges Plan, the Police
and Firefighters Plan, and the Teachers Plan.
The amendments to Part 29 reflect the authority of the Secretary as
provided in the sections of the Act discussed above and the manner in
which that authority is being administered by the Treasury Department.
The 2004 Act amended the Act to create the District of Columbia
Teachers, Police Officers, and Firefighters Federal Pension Fund with
the assets transferred from the District of Columbia Federal Pension
Liability Trust Fund and the Federal Supplemental District of Columbia
Pension Fund, which funds were terminated. The 2004 Act also amended
the Act to provide the Judges Plan with procedures for resolving denied
benefit claims.
The Secretary has the authority under section 11083 and paragraph
11251(b) (codified as DC Official Code section 11-1572(a)) of the Act
``to issue regulations to implement, interpret, administer and carry
out the purposes of this [Act], and, in the Secretary's discretion,
those regulations may have retroactive effect.'' The original
regulations by their terms apply only to Federal Benefit Payments made
on or after October 1, 1997, the effective date of the Act. See 31 CFR
29.101(c). Therefore, the Department of the Treasury amends the
original regulations to implement the Secretary's authority under the
Act to ensure the accuracy of payments made to annuitants prior to the
October 1, 1997, effective date of the Act. The Department also amends
the original regulations to reflect the changes made in the 2004 Act
and to make several technical changes as specified below.
Comments on the proposed rule were requested by June 13, 2005. The
Department received two comments in support of the proposed
regulations. Therefore, the proposed regulations are being adopted
without change as final regulations.
Administrative Procedure Act
Because the amendments contained in this final rule are mandated by
the 2004 Act, have retroactive effect pursuant to section 11083 or
11251(b) of the Act, or are technical changes, it has been determined,
pursuant to 5 U.S.C. 553(d)(3) that a delayed effective date is
unnecessary.
Regulatory Flexibility Act
It is hereby certified that this final rule will not have a
significant economic impact on a substantial number of small entities.
The rule only affects the determination of the Federal portion of
retirement benefits to certain former employees of the District of
Columbia. Accordingly, a regulatory flexibility analysis is not
required by the Regulatory Flexibility Act (5 U.S.C. chapter 6).
Executive Order 12866
This rule is not a significant regulatory action as defined by
Executive Order 12866, 58 FR 51735. Therefore, a regulatory assessment
is not required.
List of Subjects in 31 CFR Part 29
Administrative practice and procedure, Claims, Disability benefits,
Firefighters, Government employees, Intergovernmental relations, Law
enforcement officers, Pensions, Retirement, Teachers.
0
Accordingly, the Department of the Treasury is amending title 31, part
29, Code of Federal Regulations, to read as follows:
PART 29--FEDERAL BENEFIT PAYMENTS UNDER CERTAIN DISTRICT OF
COLUMBIA RETIREMENT PROGRAMS
0
1. The authority citation for Part 29 is revised to read as follows:
Authority: Subtitle A, Subchapter B of Chapter 4 of Subtitle C,
and Chapter 3 of Subtitle H, of Pub. L. 105-33, 111 Stat. 712-731,
756-759, and 786-787; as amended.
0
2. In Sec. 29.101, paragraphs (a) and (c) are revised, and paragraph
(e) is added, to read as follows:
Sec. 29.101 Purpose and scope.
(a) This part contains the Department's regulations implementing
Subtitle A, Subchapter B of Chapter 4 of Subtitle C, and Chapter 3 of
Subtitle H, of Title XI of the Balanced Budget Act of 1997, Public Law
105-33, 111 Stat. 251, 712-731, 756-759, enacted August 5, 1997, as
amended.
* * * * *
(c) This part applies to Federal Benefit Payments.
* * * * *
(e) This part does not apply to the District of Columbia
replacement plan, which covers payments based on service accrued after
June 30, 1997, pursuant to section 11042 of the Act.
0
3. In Sec. 29.103, definitions for Act, Benefits Administrator,
Federal Benefit Payment, and Retirement Funds in paragraph (a) are
revised to read as follows:
Sec. 29.103 Definitions.
(a) In this part--
Act means Subtitle A, Subchapter B of Chapter 4 of Subtitle C, and
Chapter 3 of Subtitle H, of Title XI of the Balanced Budget Act of
1997, Public Law 105-33, 111 Stat. 251, 712-731, 756-759, as amended.
Benefits Administrator means:
(1) For the Teachers Plan and the Police and Firefighters Plan
under section 11041(a) of the Act:
(i) During the interim benefits administration period, the District
of Columbia government; or
(ii) After the end of the interim benefits administration period:
(A) The Trustee selected by the Department under sections 11035(a)
or 11085(a) of the Act;
(B) The Department, if a determination is made under sections
11035(d) or 11085(d) of the Act that, in the interest of economy and
efficiency, the function of the Trustee shall be performed by the
Department rather than the Trustee; or
(C) Any other agent of the Department designated to make initial
benefit determinations and/or to recover or recoup or waive recovery or
recoupment of overpayments of Federal Benefit Payments, or to recover
or recoup debts owed to the Federal Government by annuitants; or
(2) For the Judges Plan under section 11252(b) of the Act:
(i) During the interim benefits administration period, the District
of Columbia government; or
(ii) After the end of the interim benefits administration period
for the Judges Plan:
(A) The Trustee selected by the Department under section 11251(a)
of the Act;
(B) The Department, if a determination is made under section
[[Page 60005]]
11251(a) of the Act that, in the interest of economy and efficiency,
the function of the Trustee shall be performed by the Department rather
than the Trustee; or
(C) Any other agent of the Department designated to make initial
benefit determinations and/or to recover or recoup or waive recovery or
recoupment of overpayments of Federal Benefit Payments, or to recover
or recoup debts owed to the Federal Government by annuitants.
* * * * *
Federal Benefit Payment means a payment for which the Department is
responsible under the Act, to which an individual is entitled under the
Judges Plan, the Police and Firefighters Plan, or the Teachers Plan, in
such amount and under such terms and conditions as may apply under such
plans, including payments made under these plans before, on, or after
the October 1, 1997, effective date of the Act. Service after June 30,
1997, shall not be credited for purposes of determining the amount of
any Federal Benefit Payment under the Teachers Plan and the Police and
Firefighters Plan.
* * * * *
Retirement Funds means the District of Columbia Teachers, Police
Officers, and Firefighters Federal Pension Fund established under
section 11081 of the Act, the District of Columbia Judicial Retirement
and Survivors Annuity Fund established under section 11252 of the Act,
and their predecessor funds.
* * * * *
0
4. Section 29.201 is revised to read as follows:
Sec. 29.201 Purpose and scope.
This subpart contains information concerning the relationship
between the Department and the District government in the
administration of the Act and the functions of each in the
administration of that Act.
0
5. In Sec. 29.401, paragraphs (a)(2) and (3) are revised, and
paragraph (c) is added, to read as follows:
Sec. 29.401 Purpose.
(a) * * *
(2) The procedures for determining an individual's eligibility for
a Federal Benefit Payment and the amount and form of an individual's
Federal Benefit Payment as required by sections 11021 and 11251(a)
(codified at DC Official Code section 11-1570(c)(2)(a)) of the Act;
(3) The appeal rights available under section 11022(a) of the Act
and section 3 of the 2004 Act (codified at DC Official Code section 11-
1570(c)(3)) to claimants whose claim for Federal Benefit Payments is
denied in whole or in part; and
* * * * *
(c) This part does not apply to claims and appeals filed before
October 1, 1997. Such claims must be pursued with the District of
Columbia.
Sec. 29.402 [Amended]
0
6. In Sec. 29.402, the definitions for Act and Benefits Administrator
are removed.
0
7. In Sec. 29.501, paragraph (e) is added to read as follows:
Sec. 29.501 Purpose; incorporation by reference; scope.
* * * * *
(e) This part does not apply to debt collection claims asserted and
requests for waivers of collection initiated before October 1, 1997.
Such debt collection claims must be pursued by the District of Columbia
and such requests for waivers of collection must be pursued with the
District of Columbia.
Dated: October 6, 2005.
Rochelle F. Granat,
Director, Office of DC Pensions.
[FR Doc. 05-20610 Filed 10-13-05; 8:45 am]
BILLING CODE 4811-37-P
