STATE EMPLOYEES' RETIREMENT BOARD
[ 4 PA. CODE CH. 247 ]
The State Employees' Retirement Board (Board) proposes to amend 4 Pa. Code § 247.7 (relating to death benefits) by adding subsection (c). This new subsection states what information should be contained on a State Employees' Retirement System (SERS) nomination of beneficiary form for it to be considered valid by SERS.
A. Effective Date
The proposed amendment will go into effect upon publication in the Pennsylvania Bulletin as a final-form rulemaking.
B. Contact Person
For further information contact Robert Gentzel, Director of Communications and Policy, State Employees' Retirement System, 30 North Third Street, Suite 150, Harrisburg, PA 17101-1716, (717) 787-9657 or Jill Straub, Assistant Counsel, State Employees' Retirement System, 30 North Third Street, Suite 150, Harrisburg, PA 17101-1716, (717) 783-7317. Information regarding submitting comments on this proposal appears in Section H of this preamble.
C. Statutory Authority
This proposed amendment is being promulgated under the authority of 71 Pa.C.S. § 5902(h) (relating to administrative duties of the board).
D. Background and Purpose
This additional subsection states what information must be contained on a SERS nomination of beneficiary form for it to be considered valid by SERS.
E. Benefits, Costs and Compliance
The proposed amendment is intended to alleviate confusion and prevent possible disputes with regard to proper naming of beneficiaries by members.
There are no costs to the Commonwealth, its citizens or State employees associated with this proposal.
The proposed amendment is not expected to impose any additional compliance costs.
F. Sunset Review
A sunset review is not applicable.
G. Regulatory Review
Under section 5(a) of the Regulatory Review Act (act) (71 P. S. § 745.5(a)), on January 18, 2008, the Board submitted a copy of the proposed additional subsection to the Independent Regulatory Review Commission (IRRC) and the Chairpersons of the House State Government Committee and the Senate Finance Committee. In addition to submitting the proposed additional subsection, the Board has provided IRRC and the Committees with a detailed Regulatory Analysis Form. A copy of this material is available to the public upon request.
Under section 5(g) of the act, if IRRC has objections to any portion of the proposed additional subsection, it will notify the Board within 10 days of the close of the Committees' review period. The notification shall specify the regulatory review criteria that have not been met by the portion of the proposed additional subsection to which an objection has been made. The act specifies detailed procedures for review by the General Assembly and the Governor of objections raised by IRRC prior to final publication of the additional subsection by the Board.
H. Public Comments
Written Comments. Interested persons are invited to submit comments regarding the proposed additional subsection to Robert Gentzel, Director of Communications and Policy, State Employees' Retirement System, 30 North Third Street, Suite 150, Harrisburg, PA 17101-1716. Comments submitted by facsimile will not be accepted. The Board must receive comments, suggestions or objections within 30 days of publication in the Pennsylvania Bulletin.
Electronic Comments. Comments may be submitted electronically to the Board at firstname.lastname@example.org and must be received by the Board within 30 days of publication in the Pennsylvania Bulletin. A subject heading of the proposal and a return name and address must be included in each transmission. If an acknowledgment of electronic comments is not received by the sender within 2 working days, the comments should be retransmitted to ensure receipt.
NICHOLAS J. MAIALE,
Fiscal Note: 31-11. No fiscal impact; (8) recommends adoption.
TITLE 4. ADMINISTRATION
PART X. STATE EMPLOYEES' RETIREMENT BOARD
CHAPTER 247. BENEFITS
§ 247.7. Death benefits.
* * * * *
(c) Beneficiary nomination. To be considered valid, any nomination of beneficiary form filed by a member after ______ (Editor's Note: The blank refers to the effective date of adoption of this proposed rulemaking.) should contain the following information, all of which should be current as of the date of the member's execution thereof:
(1) If a natural person is designated by the member as the member's beneficiary, included with that designation should be the name of the person along with the person's date of birth and address. (A designation solely by relationship is not a valid nomination.)
(2) If a trust is designated by the member as the member's beneficiary, included with that designation should be the name of the trust along with the names of the trustees, the date the trust was established and the addresses of the trustees.
(3) If the member's estate is designated by the member as the member's beneficiary, included with that designation should be the names of the executors of the estate and the addresses of the executors.
(4) If a corporation, partnership, limited liability company, business trust, other association, governmental entity (other than the Commonwealth) or foundation is designated by the member as the member's beneficiary, included with that designation should be the full name of the corporation, partnership, limited liability company, business trust, other association, governmental entity or foundation along with the full name and address of the individual at the entity who should be contacted upon the death of the member.
[Pa.B. Doc. No. 08-177. Filed for public inspection February 1, 2008, 9:00 a.m.]
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