Death Benefits, 1984-1985 [E6-207]

Download as PDF 1984 Proposed Rules Federal Register Vol. 71, No. 8 Thursday, January 12, 2006 This section of the FEDERAL REGISTER contains notices to the public of the proposed issuance of rules and regulations. The purpose of these notices is to give interested persons an opportunity to participate in the rule making prior to the adoption of the final rules. FEDERAL RETIREMENT THRIFT INVESTMENT BOARD 5 CFR Part 1651 Death Benefits Federal Retirement Thrift Investment Board. ACTION: Proposed rule with request for comments. erjones on PROD1PC68 with PROPOSALS AGENCY: SUMMARY: The Executive Director of the Federal Retirement Thrift Investment Board (Board) proposes to amend the Thrift Savings Plan’s (TSP’s) death benefit regulations to permit the TSP to rely on a participant’s marital status as stated on a Federal income tax form when determining whether a deceased participant had a common law marriage. DATES: Comments must be received on or before February 13, 2006. ADDRESSES: Comments may be sent to Elizabeth S. Woodruff, General Counsel, Federal Retirement Thrift Investment Board, 1250 H Street, NW., Washington, DC 20005. The Agency’s Fax number is (202) 942–1676. FOR FURTHER INFORMATION CONTACT: John A. Hahn on (202) 942–1630. SUPPLEMENTARY INFORMATION: The Board administers the Thrift Savings Plan, which was established by the Federal Employees Retirement System Act of 1986 (FERSA), Public Law 99–335, 100 Stat. 514. The TSP provisions of FERSA are codified, as amended, largely at 5 U.S.C. 8351 and 8401–79. The TSP is a tax-deferred retirement savings plan for Federal civilian employees and members of the uniformed services. The TSP is similar to cash or deferred arrangements established for privatesector employees under section 401(k) of the Internal Revenue Code (26 U.S.C. 401(k)). The Executive Director proposes to amend TSP regulations to clarify the proof needed to establish a common law marriage. If a participant dies without having withdrawn his or her TSP account and without having designated a beneficiary, FERSA’s order of VerDate Aug<31>2005 15:01 Jan 11, 2006 Jkt 208001 precedence provides that the account will be paid to the surviving spouse, if any. The TSP looks to the law of the state in which the participant was domiciled at the time of death to determine whether the participant was married. In most states, this means having a valid marriage license. However, some states (and the District of Columbia) still recognize common law marriage. In addition, every state is constitutionally required to recognize as valid a common law marriage that was recognized in another state. Contrary to popular belief, a common law marriage is not created when two people simply live together for a certain number of years. In order to have a valid common law marriage, a couple generally must do all of the following: Live together for a significant period of time, hold themselves out as a married couple, and intend to be married. When a common law marriage exists, the couple receives the same legal treatment given to formally married couples, including the requirement that they go through a legal divorce to end the marriage. In order to facilitate the payment of a death benefit to a spouse claiming to be the common law spouse of a TSP participant, the Executive Director intends to amend TSP regulations to permit, but not require, reliance on the participant’s marital status as stated on a Federal income tax form. Such a form is submitted to the Internal Revenue Service under penalty of perjury and, therefore, is presumed to be reliable. Alternatively, the putative spouse may obtain a court order or administrative adjudication. Regulatory Flexibility Act I certify that these regulations will not have a significant economic impact on a substantial number of small entities. They will affect only employees of the Federal Government. Paperwork Reduction Act I certify that these regulations do not require additional reporting under the criteria of the Paperwork Reduction Act of 1980. Unfunded Mandates Reform Act of 1995 Pursuant to the Unfunded Mandates Reform Act of 1995, 2 U.S.C. 602, 632, 653, 1501–1571, the effects of this regulation on state, local, and tribal PO 00000 Frm 00001 Fmt 4702 Sfmt 4702 governments and the private sector have been assessed. This regulation will not compel the expenditure in any one year of $100 million or more by state, local, and tribal governments, in the aggregate, or by the private sector. Therefore, a statement under § 1532 is not required. Submission to Congress and the General Accounting Office Pursuant to 5 U.S.C. 810(a)(1)(A), the Board submitted a report containing this rule and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States before publication of this rule in the Federal Register. This rule is not a major rule as defined at 5 U.S.C. 814(2). List of Subjects in 5 CFR Part 1651 Employee benefit plans, Government employees, Pensions, Retirement. Gary A. Amelio, Executive Director Federal Retirement Thrift Investment Board. For the reasons set forth in the preamble, the Board amends 5 CFR chapter VI as follows: PART 1651—DEATH BENEFITS 1. The authority citation for part 1651 continues to read as follows: Authority: 5 U.S.C. 8424(d), 8432(j), 8433(e), 8435(c)(2), 8474(b)(5), and 8474(c)(1). 2. Revise § 1651.5 to read as follows: 1651.5 Spouse of participant. (a) For purposes of payment under § 1651.2(a)(2), the spouse of the participant is the person to whom the participant was married on the date of death. A person is considered to be married even if the parties are separated, unless a court decree of divorce or annulment has been entered. State law of the participant’s domicile will be used to determine whether the participant was married at the time of death. (b) If a person claims to have a marriage at common law with a deceased participant, the TSP will pay benefits to the putative spouse under § 1651.2(a)(2) in accordance with the marital status shown on the most recent Federal income tax return filed by the participant. Alternatively, the putative spouse may submit a court order or E:\FR\FM\12JAP1.SGM 12JAP1 Federal Register / Vol. 71, No. 8 / Thursday, January 12, 2006 / Proposed Rules administrative adjudication determining that the common law marriage is valid. [FR Doc. E6–207 Filed 1–11–06; 8:45 am] BILLING CODE 6760–01–P DEPARTMENT OF AGRICULTURE Animal and Plant Health Inspection Service 9 CFR Part 77 [Docket No. 04–094–1] Tuberculosis in Captive Cervids; Extend Interval for Conducting Reaccreditation Test Animal and Plant Health Inspection Service, USDA. ACTION: Proposed rule. erjones on PROD1PC68 with PROPOSALS AGENCY: SUMMARY: We are proposing to amend the regulations regarding tuberculosis in captive cervids by extending, from 2 years to 3, the term for which accredited herd status is valid and increasing by 12 months the interval for conducting the reaccreditation test required to maintain the accredited tuberculosis-free status of cervid herds. We are also proposing to reduce, from three tests to two, the number of consecutive negative official tuberculosis tests required of all eligible captive cervids in a herd before a herd can be eligible for recognition as an accredited herd. These actions would reduce testing costs for herd owners, lessen the potential for animal injury or death during testing, and lower administrative costs for State and Federal regulatory agencies. In addition, we are proposing to amend the regulations by removing references to the blood tuberculosis test for captive cervids, as that test is no longer used in the tuberculosis eradication program for captive cervids. This proposed change would update the regulations so that they refer only to those official tests currently in use. DATES: We will consider all comments that we receive on or before March 13, 2006. ADDRESSES: You may submit comments by either of the following methods: • Federal eRulemaking Portal: Go to https://www.regulations.gov and, in the ‘‘Search for Open Regulations’’ box, select ‘‘Animal and Plant Health Inspection Service’’ from the agency drop-down menu, then click on ‘‘Submit.’’ In the Docket ID column, select APHIS–2005–0119 to submit or view public comments and to view supporting and related materials available electronically. After the close of the comment period, the docket can VerDate Aug<31>2005 15:01 Jan 11, 2006 Jkt 208001 be viewed using the ‘‘Advanced Search’’ function in Regulations.gov. • Postal Mail/Commercial Delivery: Please send four copies of your comment (an original and three copies) to Docket No. 04–094–1, Regulatory Analysis and Development, PPD, APHIS, Station 3A–03.8, 4700 River Road Unit 118, Riverdale, MD 20737– 1238. Please state that your comment refers to Docket No. 04–094–1. Reading Room: You may read any comments that we receive on this docket in our reading room. The reading room is located in room 1141 of the USDA South Building, 14th Street and Independence Avenue, SW., Washington, DC. Normal reading room hours are 8 a.m. to 4:30 p.m., Monday through Friday, except holidays. To be sure someone is there to help you, please call (202) 690–2817 before coming. Other Information: Additional information about APHIS and its programs is available on the Internet at https://www.aphis.usda.gov. FOR FURTHER INFORMATION CONTACT: Dr. Michael Dutcher, Senior Staff Veterinarian, National Tuberculosis Eradication Program, Eradication and Surveillance Team, National Center for Animal Health Programs, VS, APHIS, 4700 River Road Unit 43, Riverdale, MD, 20737–1231, (301) 734–5467. SUPPLEMENTARY INFORMATION: Background Bovine tuberculosis (tuberculosis) is a contagious and infectious granulomatous disease caused by Mycobacterium bovis. It affects cattle, bison, deer, elk, goats, and other warmblooded species, including humans. Tuberculosis in infected animals and humans manifests itself in lesions of the lung, bone, and other body parts, causes weight loss and general debilitation, and can be fatal. At the beginning of the past century, tuberculosis caused more losses of livestock than all other livestock diseases combined. This prompted the establishment of the National Cooperative State/Federal Bovine Tuberculosis Eradication Program for bovine tuberculosis in livestock. Through this program, the Animal and Plant Health Inspection Service (APHIS) works cooperatively with the national livestock industry and state animal health agencies to eradicate tuberculosis from domestic livestock in the United States and prevent its recurrence. Federal regulations implementing this program are contained in 9 CFR part 77, ‘‘Tuberculosis’’ (referred to below as the regulations), and in the ‘‘Uniform PO 00000 Frm 00002 Fmt 4702 Sfmt 4702 1985 Methods and Rules—Bovine Tuberculosis Eradication’’ (UMR), which is incorporated by reference into the regulations. The regulations restrict the interstate movement of cattle, bison, and captive cervids to prevent the spread of tuberculosis. Subpart C of the regulations (§§ 77.20 to 77.41) addresses captive cervids. Accredited Herd Status In § 77.20, accredited herd is defined as ‘‘A herd of captive cervids that has tested negative to at least three consecutive official tuberculosis tests of all eligible captive cervids in accordance with § 77.33(f) and that meets the standards set forth in § 77.35. The tests [i.e., the three tests necessary to qualify for accredited herd status] must be conducted at 9–15 month intervals.’’ The regulations in § 77.35(d) set out the conditions that must be met in order for a herd of captive cervids to maintain its accredited herd status. Specifically, to maintain status as an accredited herd, the herd must test negative to an official tuberculosis test within 21–27 months from the anniversary date of the third consecutive test with no evidence of tuberculosis disclosed (that is, the final test necessary for the herd to be recognized as an accredited herd). Each time the herd is tested for reaccreditation, it must be tested 21–27 months from the anniversary date of the accrediting test, not from the last date of reaccreditation (for example, if a herd is accredited on January 1 of a given year, the anniversary date will be January 1 of every second year thereafter). Accredited herd status is valid for 24 months (730 days) from the anniversary date of the accrediting test. If the herd is tested between 24 and 27 months after the anniversary date, its accredited herd status will be suspended for the interim between the anniversary date and the reaccreditation test. During the suspension period, the herd will be considered ‘‘unclassified’’ and captive cervids may be moved interstate from the herd only in accordance with the movement requirements for the state or zone in which the herd is located. In this document, we are proposing to amend the regulations to increase, by 1 year, the term for which accredited herd status is valid and to allow reaccreditation tests to be performed within 33–39 months of the anniversary date. We are also proposing to amend the regulations by reducing, from three tests to two, the number of consecutive negative official tuberculosis tests required of all eligible captive cervids in a herd before a herd can be eligible for recognition as an accredited herd. E:\FR\FM\12JAP1.SGM 12JAP1

Agencies

[Federal Register Volume 71, Number 8 (Thursday, January 12, 2006)]
[Proposed Rules]
[Pages 1984-1985]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-207]


========================================================================
Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of 
the proposed issuance of rules and regulations. The purpose of these 
notices is to give interested persons an opportunity to participate in 
the rule making prior to the adoption of the final rules.

========================================================================


Federal Register / Vol. 71, No. 8 / Thursday, January 12, 2006 / 
Proposed Rules

[[Page 1984]]



FEDERAL RETIREMENT THRIFT INVESTMENT BOARD

5 CFR Part 1651


Death Benefits

AGENCY: Federal Retirement Thrift Investment Board.

ACTION: Proposed rule with request for comments.

-----------------------------------------------------------------------

SUMMARY: The Executive Director of the Federal Retirement Thrift 
Investment Board (Board) proposes to amend the Thrift Savings Plan's 
(TSP's) death benefit regulations to permit the TSP to rely on a 
participant's marital status as stated on a Federal income tax form 
when determining whether a deceased participant had a common law 
marriage.

DATES: Comments must be received on or before February 13, 2006.

ADDRESSES: Comments may be sent to Elizabeth S. Woodruff, General 
Counsel, Federal Retirement Thrift Investment Board, 1250 H Street, 
NW., Washington, DC 20005. The Agency's Fax number is (202) 942-1676.

FOR FURTHER INFORMATION CONTACT: John A. Hahn on (202) 942-1630.

SUPPLEMENTARY INFORMATION: The Board administers the Thrift Savings 
Plan, which was established by the Federal Employees Retirement System 
Act of 1986 (FERSA), Public Law 99-335, 100 Stat. 514. The TSP 
provisions of FERSA are codified, as amended, largely at 5 U.S.C. 8351 
and 8401-79. The TSP is a tax-deferred retirement savings plan for 
Federal civilian employees and members of the uniformed services. The 
TSP is similar to cash or deferred arrangements established for 
private-sector employees under section 401(k) of the Internal Revenue 
Code (26 U.S.C. 401(k)).
    The Executive Director proposes to amend TSP regulations to clarify 
the proof needed to establish a common law marriage. If a participant 
dies without having withdrawn his or her TSP account and without having 
designated a beneficiary, FERSA's order of precedence provides that the 
account will be paid to the surviving spouse, if any. The TSP looks to 
the law of the state in which the participant was domiciled at the time 
of death to determine whether the participant was married. In most 
states, this means having a valid marriage license. However, some 
states (and the District of Columbia) still recognize common law 
marriage. In addition, every state is constitutionally required to 
recognize as valid a common law marriage that was recognized in another 
state.
    Contrary to popular belief, a common law marriage is not created 
when two people simply live together for a certain number of years. In 
order to have a valid common law marriage, a couple generally must do 
all of the following: Live together for a significant period of time, 
hold themselves out as a married couple, and intend to be married. When 
a common law marriage exists, the couple receives the same legal 
treatment given to formally married couples, including the requirement 
that they go through a legal divorce to end the marriage.
    In order to facilitate the payment of a death benefit to a spouse 
claiming to be the common law spouse of a TSP participant, the 
Executive Director intends to amend TSP regulations to permit, but not 
require, reliance on the participant's marital status as stated on a 
Federal income tax form. Such a form is submitted to the Internal 
Revenue Service under penalty of perjury and, therefore, is presumed to 
be reliable. Alternatively, the putative spouse may obtain a court 
order or administrative adjudication.

Regulatory Flexibility Act

    I certify that these regulations will not have a significant 
economic impact on a substantial number of small entities. They will 
affect only employees of the Federal Government.

Paperwork Reduction Act

    I certify that these regulations do not require additional 
reporting under the criteria of the Paperwork Reduction Act of 1980.

Unfunded Mandates Reform Act of 1995

    Pursuant to the Unfunded Mandates Reform Act of 1995, 2 U.S.C. 602, 
632, 653, 1501-1571, the effects of this regulation on state, local, 
and tribal governments and the private sector have been assessed. This 
regulation will not compel the expenditure in any one year of $100 
million or more by state, local, and tribal governments, in the 
aggregate, or by the private sector. Therefore, a statement under Sec.  
1532 is not required.

Submission to Congress and the General Accounting Office

    Pursuant to 5 U.S.C. 810(a)(1)(A), the Board submitted a report 
containing this rule and other required information to the U.S. Senate, 
the U.S. House of Representatives, and the Comptroller General of the 
United States before publication of this rule in the Federal Register. 
This rule is not a major rule as defined at 5 U.S.C. 814(2).

List of Subjects in 5 CFR Part 1651

    Employee benefit plans, Government employees, Pensions, Retirement.

Gary A. Amelio,
Executive Director Federal Retirement Thrift Investment Board.

    For the reasons set forth in the preamble, the Board amends 5 CFR 
chapter VI as follows:

PART 1651--DEATH BENEFITS

    1. The authority citation for part 1651 continues to read as 
follows:

    Authority: 5 U.S.C. 8424(d), 8432(j), 8433(e), 8435(c)(2), 
8474(b)(5), and 8474(c)(1).

    2. Revise Sec.  1651.5 to read as follows:


1651.5  Spouse of participant.

    (a) For purposes of payment under Sec.  1651.2(a)(2), the spouse of 
the participant is the person to whom the participant was married on 
the date of death. A person is considered to be married even if the 
parties are separated, unless a court decree of divorce or annulment 
has been entered. State law of the participant's domicile will be used 
to determine whether the participant was married at the time of death.
    (b) If a person claims to have a marriage at common law with a 
deceased participant, the TSP will pay benefits to the putative spouse 
under Sec.  1651.2(a)(2) in accordance with the marital status shown on 
the most recent Federal income tax return filed by the participant. 
Alternatively, the putative spouse may submit a court order or

[[Page 1985]]

administrative adjudication determining that the common law marriage is 
valid.

[FR Doc. E6-207 Filed 1-11-06; 8:45 am]
BILLING CODE 6760-01-P
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