Aged Beneficiary Designation Forms, 38747-38748 [2014-16043]
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38747
Rules and Regulations
Federal Register
Vol. 79, No. 131
Wednesday, July 9, 2014
This section of the FEDERAL REGISTER
contains regulatory documents having general
applicability and legal effect, most of which
are keyed to and codified in the Code of
Federal Regulations, which is published under
50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by
the Superintendent of Documents. Prices of
new books are listed in the first FEDERAL
REGISTER issue of each week.
FEDERAL RETIREMENT THRIFT
INVESTMENT BOARD
5 CFR Part 1651
Aged Beneficiary Designation Forms
Federal Retirement Thrift
Investment Board.
ACTION: Final rule.
AGENCY:
The Federal Retirement Thrift
Investment Board (Agency) amends its
regulations to provide that a beneficiary
designation form is valid only if it is
received by the TSP record-keeper not
more than one year after the date of the
participant’s signature.
DATES: This rule is effective on July 14,
2014.
FOR FURTHER INFORMATION CONTACT:
Laurissa Stokes at 202–942–1645.
SUPPLEMENTARY INFORMATION: The
Agency administers the Thrift Savings
Plan (TSP), 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)).
emcdonald on DSK67QTVN1PROD with RULES
SUMMARY:
Background
Prior to 1995, active Federal
employees submitted TSP beneficiary
designation forms to the personnel
office at their employing agency. Upon
a participant’s death or separation from
service, the employing agency would
forward the participant’s beneficiary
designation form to the TSP recordkeeper.
Beginning on January 1, 1995, the
Agency required all TSP participants to
VerDate Mar<15>2010
16:31 Jul 08, 2014
Jkt 232001
mail or fax beneficiary designation
forms directly to the TSP record-keeper.
In addition to requiring all participants
to submit beneficiary designation forms
directly to the TSP record-keeper, the
new policy of direct receipt by the TSP
record-keeper required employing
agencies to search their personnel
records and forward all beneficiary
designation forms then in their
possession to the TSP record-keeper
immediately. The TSP communicated
the new policy in two bulletins sent to
agency representatives and in three
separate mailings sent directly to
participants.
The TSP codified the policy of direct
receipt by the TSP record-keeper in
regulations on June 13, 1997 (62 FR
32426). All beneficiary designation
forms in an employing agency’s
possession should have been forwarded
to the TSP record-keeper before June 13,
1997. Nevertheless, employing agencies
continue to forward to the TSP recordkeeper beneficiary designation forms
that are sometimes decades old.
These aged forms often do not reflect
the participant’s current intent. Under
the current regulations, the Agency
must honor these aged forms if they are
otherwise valid. When the Agency
processes these forms, participants often
become confused and believe their
accounts have been accessed
fraudulently. Further, if a participant
passes away after the Agency has
received an aged beneficiary designation
form but prior to clarifying his/her
current intent, the Agency must honor
the old form even though it may not
reflect the participant’s current intent.
On September 20, 2013, the Agency
published a proposal to amend its
regulations to provide that a beneficiary
designation form is valid only if it is
received by the TSP record-keeper not
more than 365 calendar days after the
date of the participant’s signature on the
form. 78 FR 57807 (September 20,
2013). The Agency received no
comments. Therefore, the Agency is
publishing the proposed rule as final
without change except for a minor
clarification. The Agency is clarifying
that, in the event that a beneficiary
designation form contains multiple
participant signatures with different
dates, the TSP will rely on the most
recently dated signature to determine
whether 365 days have passed since the
participant signed the form.
PO 00000
Frm 00001
Fmt 4700
Sfmt 4700
Regulatory Flexibility Act
I certify that this regulation will not
have a significant economic impact on
a substantial number of small entities.
This regulation will affect Federal
employees and members of the
uniformed services who participate in
the Thrift Savings Plan, which is a
Federal defined contribution retirement
savings plan created under the Federal
Employees’ Retirement System Act of
1986 (FERSA), Public Law 99–335, 100
Stat. 514, and which is administered by
the Agency.
Paperwork Reduction Act
I certify that these regulations do not
require additional reporting under the
criteria of the Paperwork Reduction Act.
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 § 1532 is not required.
Submission to Congress and the
General Accounting Office
Pursuant to 5 U.S.C. 810(a)(1)(A), the
Agency 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. 804(2).
List of Subjects in 5 CFR Part 1651
Claims, Government employees,
Pensions, Retirement.
Gregory T. Long,
Executive Director, Federal Retirement Thrift
Investment Board.
For the reasons stated in the
preamble, the Agency 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. 8351, 8433, 8434,
8435, 8474(b)(5), 8474(c)(1), and Sec. 109,
E:\FR\FM\09JYR1.SGM
09JYR1
38748
Federal Register / Vol. 79, No. 131 / Wednesday, July 9, 2014 / Rules and Regulations
Pub. L. 11–31,123 Stat. 1176 (5 U.S.C.
8433(e)).
FOR FURTHER INFORMATION CONTACT:
2. Amend § 1651.3 by:
a. Amending paragraph (c)(6) to
remove ‘‘and’’;
■ b. Amending paragraph (c)(7) to
remove the period and add ‘‘; and’’; and
■ c. Adding paragraph (c)(8) to read as
follows:
■
■
§ 1651.3
Designation of beneficiary.
*
*
*
*
*
(c) * * *
(8) Be received by the TSP recordkeeper not more than 365 calendar days
after the date of the participant’s most
recent signature.
*
*
*
*
*
[FR Doc. 2014–16043 Filed 7–8–14; 8:45 am]
BILLING CODE 6760–01–P
DEPARTMENT OF AGRICULTURE
Food and Nutrition Service
7 CFR Part 247
RIN 0584–AE31
Commodity Supplemental Food
Program (CSFP): Implementation of
the Agricultural Act of 2014
Food and Nutrition Service
(FNS), USDA.
ACTION: Final rule.
AGENCY:
This final rule amends the
regulations for the Commodity
Supplemental Food Program (CSFP) to
phase out the eligibility of women,
infants, and children, in accordance
with the amendments made by the
Agricultural Act of 2014 (the 2014 Farm
Bill). Under amendments made to the
Agriculture and Consumer Protection
Act of 1973 by Section 4102 of the 2014
Farm Bill, women, infants, and children
who apply to participate in CSFP on
February 7, 2014, or later cannot be
certified to participate in the program.
Under these amendments the
population served by CSFP will only be
low-income elderly persons at least 60
years of age. However, Section 4102 also
included amendments for a phase-out
provision, which requires State and
local agencies to continue providing
assistance to all women, infants, and
children who were certified and
receiving CSFP benefits as of February
6, 2014. Those individuals can continue
to receive assistance until they are no
longer eligible under the program rules
in effect on February 6, 2014.
DATES: Effective Date: This rule will
become effective on August 8, 2014,
without further notice.
emcdonald on DSK67QTVN1PROD with RULES
SUMMARY:
VerDate Mar<15>2010
16:31 Jul 08, 2014
Jkt 232001
Erica Antonson, Program Analyst,
Policy Branch, Food Distribution
Division, Food and Nutrition Service,
3101 Park Center Drive, Room 500,
Alexandria, Virginia 22302, or by
telephone (703) 305–2662.
SUPPLEMENTARY INFORMATION:
I. Background
The Food and Nutrition Service (FNS)
is amending CSFP regulations at 7 CFR
part 247 to incorporate the requirements
of the Agricultural Act of 2014 (Pub. L.
113–79, the 2014 Farm Bill). Prior to
enactment of the 2014 Farm Bill on
February 7, 2014, the Agriculture and
Consumer Protection Act of 1973, 7
U.S.C. 612c note, provided for the
eligibility of women, infants, and
children in CSFP.
Amendments made by Section 4102
of the 2014 Farm Bill phase out the
participation of women, infants, and
children in CSFP and transition it to a
low-income, elderly-only program. The
participation of elderly persons in CSFP
began as a pilot program at limited sites
in the early 1980s, following which the
Food Security Act of 1985 (Pub. L. 99–
198) provided for the provision of
benefits to the elderly at all CSFP sites,
provided that all eligible women,
infants, and children were already
served. The Food, Conservation, and
Energy Act of 2008 (Pub. L. 110–246),
eliminated the priority status given to
women, infants, and children effective
October 1, 2008.
FNS issued a policy memorandum on
March 10, 2014, implementing the
amendments made by Section 4102; the
memorandum is available on the FNS
Web site at https://www.fns.usda.gov/
sites/default/files/CSFP_Farm_Bill_
Implementation_Memo.pdf. As a result
of the change, no women, infants, or
children applicants are eligible to be
newly certified to participate in CSFP.
However, women, infants, and children
who were certified and receiving CSFP
benefits as of February 6, 2014, the day
before enactment of the 2014 Farm Bill,
remain eligible for CSFP benefits until
such time as they are no longer eligible
to receive assistance under the program
rules in effect on that date. As stated in
the implementing memorandum,
prospective applicants who are no
longer eligible for CSFP participation as
a result of the 2014 Farm Bill provisions
should be referred to other nutrition
programs such as the Supplemental
Nutrition Assistance Program (SNAP)
and the Special Supplemental Nutrition
Assistance Program for Women, Infants
and Children (WIC).
The number of women, infants, and
children participating in CSFP has
PO 00000
Frm 00002
Fmt 4700
Sfmt 4700
declined steadily in recent years. In
Fiscal Year (FY) 1998, 34 percent of
CSFP participants were women, infants,
or children and 66 percent were lowincome elderly persons. In FY 2013,
only three percent of CSFP participants
were women, infants, or children and 97
percent of participants were elderly. At
the same time, with WIC serving as an
alternative to CSFP for eligible women,
infants, and children, and due to greater
demand for WIC benefits nationally,
WIC participation increased by
approximately 1.3 million over that
same period.
The 2014 Farm Bill amendments
recognize the participation trend and
the fact that most women, infants, and
children who are eligible to participate
in CSFP could alternatively participate
in WIC, which provides nutrition
services to eligible pregnant, postpartum and breastfeeding women,
infants, and children up to the age of
five. WIC operates in all areas that CSFP
serves and provides nutrition assistance
benefits, as well as nutrition education
and health referrals.
II. Discussion of the Final Rule
A. Eligibility of Women, Infants, and
Children for CSFP
In this final rule, we amend several
sections of 7 CFR part 247 to establish
that new applications from women,
infants, and children are not eligible for
certification on or after February 7,
2014. References to women, infants, and
children are removed from the
regulations, except where they are
necessary for the continued provision of
benefits to those individuals still
eligible for CSFP under the phase-out
provision. Conforming amendments are
made where necessary to clarify that
these remaining regulatory provisions
apply only to this limited group of
women, infants, and children.
Amendments to 7 CFR part 247 are
summarized as follows:
1. Section 247.2 describes the purpose
and scope of CSFP. This section is
revised to state that the population
served by CSFP is elderly, low-income
individuals 60 years of age or older, but
includes a limited group of women,
infants, and children who were certified
for CSFP and receiving benefits as of
February 6, 2014.
2. Sections 247.5 and 247.19 describe
State and local agency responsibilities
and dual participation, respectively.
These sections are amended to clarify
that coordination between CSFP State
and local agencies and State WIC
agencies on the detection and
prevention of dual participation is
required only when women, infants, or
E:\FR\FM\09JYR1.SGM
09JYR1
]]>Agencies
[Federal Register Volume 79, Number 131 (Wednesday, July 9, 2014)]
[Rules and Regulations]
[Pages 38747-38748]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-16043]
========================================================================
Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
Prices of new books are listed in the first FEDERAL REGISTER issue of each
week.
========================================================================
Federal Register / Vol. 79, No. 131 / Wednesday, July 9, 2014 / Rules
and Regulations
[[Page 38747]]
FEDERAL RETIREMENT THRIFT INVESTMENT BOARD
5 CFR Part 1651
Aged Beneficiary Designation Forms
AGENCY: Federal Retirement Thrift Investment Board.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Federal Retirement Thrift Investment Board (Agency) amends
its regulations to provide that a beneficiary designation form is valid
only if it is received by the TSP record-keeper not more than one year
after the date of the participant's signature.
DATES: This rule is effective on July 14, 2014.
FOR FURTHER INFORMATION CONTACT: Laurissa Stokes at 202-942-1645.
SUPPLEMENTARY INFORMATION: The Agency administers the Thrift Savings
Plan (TSP), 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)).
Background
Prior to 1995, active Federal employees submitted TSP beneficiary
designation forms to the personnel office at their employing agency.
Upon a participant's death or separation from service, the employing
agency would forward the participant's beneficiary designation form to
the TSP record-keeper.
Beginning on January 1, 1995, the Agency required all TSP
participants to mail or fax beneficiary designation forms directly to
the TSP record-keeper. In addition to requiring all participants to
submit beneficiary designation forms directly to the TSP record-keeper,
the new policy of direct receipt by the TSP record-keeper required
employing agencies to search their personnel records and forward all
beneficiary designation forms then in their possession to the TSP
record-keeper immediately. The TSP communicated the new policy in two
bulletins sent to agency representatives and in three separate mailings
sent directly to participants.
The TSP codified the policy of direct receipt by the TSP record-
keeper in regulations on June 13, 1997 (62 FR 32426). All beneficiary
designation forms in an employing agency's possession should have been
forwarded to the TSP record-keeper before June 13, 1997. Nevertheless,
employing agencies continue to forward to the TSP record-keeper
beneficiary designation forms that are sometimes decades old.
These aged forms often do not reflect the participant's current
intent. Under the current regulations, the Agency must honor these aged
forms if they are otherwise valid. When the Agency processes these
forms, participants often become confused and believe their accounts
have been accessed fraudulently. Further, if a participant passes away
after the Agency has received an aged beneficiary designation form but
prior to clarifying his/her current intent, the Agency must honor the
old form even though it may not reflect the participant's current
intent.
On September 20, 2013, the Agency published a proposal to amend its
regulations to provide that a beneficiary designation form is valid
only if it is received by the TSP record-keeper not more than 365
calendar days after the date of the participant's signature on the
form. 78 FR 57807 (September 20, 2013). The Agency received no
comments. Therefore, the Agency is publishing the proposed rule as
final without change except for a minor clarification. The Agency is
clarifying that, in the event that a beneficiary designation form
contains multiple participant signatures with different dates, the TSP
will rely on the most recently dated signature to determine whether 365
days have passed since the participant signed the form.
Regulatory Flexibility Act
I certify that this regulation will not have a significant economic
impact on a substantial number of small entities. This regulation will
affect Federal employees and members of the uniformed services who
participate in the Thrift Savings Plan, which is a Federal defined
contribution retirement savings plan created under the Federal
Employees' Retirement System Act of 1986 (FERSA), Public Law 99-335,
100 Stat. 514, and which is administered by the Agency.
Paperwork Reduction Act
I certify that these regulations do not require additional
reporting under the criteria of the Paperwork Reduction Act.
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 Agency 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. 804(2).
List of Subjects in 5 CFR Part 1651
Claims, Government employees, Pensions, Retirement.
Gregory T. Long,
Executive Director, Federal Retirement Thrift Investment Board.
For the reasons stated in the preamble, the Agency amends 5 CFR
chapter VI as follows:
PART 1651--Death Benefits
0
1. The authority citation for part 1651 continues to read as follows:
Authority: 5 U.S.C. 8351, 8433, 8434, 8435, 8474(b)(5),
8474(c)(1), and Sec. 109,
[[Page 38748]]
Pub. L. 11-31,123 Stat. 1176 (5 U.S.C. 8433(e)).
0
2. Amend Sec. 1651.3 by:
0
a. Amending paragraph (c)(6) to remove ``and'';
0
b. Amending paragraph (c)(7) to remove the period and add ``; and'';
and
0
c. Adding paragraph (c)(8) to read as follows:
Sec. 1651.3 Designation of beneficiary.
* * * * *
(c) * * *
(8) Be received by the TSP record-keeper not more than 365 calendar
days after the date of the participant's most recent signature.
* * * * *
[FR Doc. 2014-16043 Filed 7-8-14; 8:45 am]
BILLING CODE 6760-01-P
