Tenn. Comp. R. & Regs. 1700-03-01-.30 - DIRECT DEPOSIT OF BENEFITS

(1) Except as provided in Paragraphs (2) and (4) of this rule below, all monthly benefits payable under the provisions of T.C.A., Title 8, Chapters 34 - 37 shall be paid to recipients by electronic funds transfer. Each recipient of such payments shall complete an electronic funds transfer form as prescribed by the Retirement System whereon the recipient shall:

(a) designate one financial institution to which such payments shall be made; and

(b) provide to the Retirement Division the payment information necessary for the recipient to receive electronic funds transfer payments through the institution so designated.

(2) The Retirement Division shall waive the application of Paragraph (1) of this rule if the recipient objects to receiving the benefits by electronic funds transfer and agrees to pay the Retirement Division a reasonable fee to cover the Division's cost of processing and issuing a check. The written certification must also contain an acknowledgement by the recipient that the Division will subtract the amount of the fee from the funds due the recipient. The Retirement Division shall set the amount of the fee and may revise the same from time to time to reflect increases in postage, mailing and handling. The fee set by the Retirement Division shall not be less than fifty cents nor more than three times the first class mail postage rate.

(3) Should a recipient fail or refuse to return to the Retirement Division a properly completed electronic funds transfer form described in Paragraph (1) or fail to provide a written certification as prescribed in Paragraph (2), then the Retirement Division may apply the fee deduction pursuant to Paragraph (2) above.

(4) The requirements of Paragraph (1) of this rule shall not apply during any time period during which the benefits are required to be paid to:

(i) the Internal Revenue Service on account of a tax levy,

(ii) a court official under an Order of Assignment for Child Support,

(iii) a Chapter Thirteen Trustee on account of a bankruptcy order, or

(iv) under any other order for which the benefits can be legally assigned, attached or garnished.

(5) For purposes of this rule, the term "electronic funds transfer" means any transfer of funds, other than a transaction originated by cash, check, or similar paper instrument, that is initiated through an electronic terminal, telephone, computer, or magnetic tape, for the purpose of ordering, instructing, or authorizing a financial institution to debit or credit an account. The term also includes, but is not limited to, Automated Clearing House transfers and Fed Wire transfers.

(6) The application of this rule may be phased in by the Retirement Division as administratively practical.

Notes

Tenn. Comp. R. & Regs. 1700-03-01-.30

Original rule filed August 31, 2001; effective December 28, 2001.

Authority: T.C.A. §§ 8-34-313 and 8-36-117(b).