Administrative Code: Proposed Rule Supplemental Retirement Board of - PowerPoint PPT Presentation

Oct 29, 2023 •15 likes •85 views

Administrative Code: Proposed Rule Supplemental Retirement Board of Trustees September 20, 2018 What is the Administrative Procedures Act (APA)? The APA regulates agencies discretion in the implementation of their statutory authority

Administrative Code: Proposed Rule Supplemental Retirement Board of Trustees September 20, 2018
What is the Administrative Procedures Act (APA)? • The APA regulates agencies’ discretion in the implementation of their statutory authority • The APA restricts: 1. A gencies’ ability to act without a rule; and 2. T he scope of the state’s regulatory regime • The APA establishes a process for agencies to adopt rules 1. Publication 2. Comment 3. Review 2
What is the Board’s authority? • NCGS § 135-91(c) allows the Board to establish rules • NCGS allows the Board to charge an administrative fee for each of the plans – NC 401(k) Plan: NCGS § 135-91(e) – NC 457 Plan: NCGS § 143B-426.24(h2) – NC 403(b) Program: NCGS § 115C-341.2(c) • Clarification of Session Law 2018-84 regarding administrative fees for the NC 457 Plan and the NC 403(b) Program 3
What is the process? • Proposal: Board proposes rule by adopting draft rule at special board meeting (October 1-November 6) • Publication and comment: Draft rule is published in North Carolina Register and public comment period is held (March 15-May 14) • Review #1: Draft rule is reviewed and approved by Joint Legislative Commission on Governmental Operations (JLCGO) (by June 13) • Final: Board adopts final rule at special board meeting (June 14-19) • Review #2: Final rule is reviewed and approved by Rules Review Commission (RRC) (July 18) • Effect: Rule takes effect (August 1) Timeline is subject to feedback from Office of Administrative Hearings, OSBM, RRC, JLCGO, public, and others 4
What is the Proposal from Staff? • Codify the administrative fee as a rule of the Board ( i.e. , include the administrative fee in NC Administrative Code) • Draft rule from staff will complement the Board’s upcoming work on : 1. Expense account balance; 2. Fee review; and 3. Ongoing process for evaluating and changing the expense account balance and the fee • Will consist of the administrative fees plus the process for waiving the fees for a specific period of time 5
Questions 6
Thank you Reid Chisholm Assistant General Counsel Reid.Chisholm@nctreasurer.com 919.814.3843 3200 Atlantic Avenue Raleigh, NC 27604 7

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