PROPOSED RULEMAKING
[ 4 PA. CODE CH. 241 ]
Electronic Submission of Documents and Electronic Transactions
[38 Pa.B. 614]
[Saturday, February 2, 2008]The State Employees' Retirement Board (Board) proposes to amend 4 Pa. Code Chapter 241 (relating to preliminary provisions) by adding § 241.2 (relating to electronic submission of documents and electronic transactions).
A. Effective Date
The proposed rulemaking 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 rulemaking is being made under the authority of 71 Pa.C.S. § 5902(h) (relating to administrative duties of the board) and the Electronic Transactions Act (act) (73 P. S. §§ 2260.101--2260.903).
D. Background and Purpose
The proposed new section authorizes the State Employees' Retirement System (SERS) to the extent authorized by a policy adopted by the Board, to allow members to submit documents or conduct benefit transactions using electronic media. The submission of documents and the conduct of benefit transactions using electronic media must be in accordance with the act and other applicable laws of the Commonwealth.
E. Benefits, Costs and Compliance
Benefits
The proposed rulemaking is intended to permit the Board to establish a policy whereby members of SERS may submit documents to and conduct electronic benefit transactions with SERS using electronic media. This proposed rulemaking, once it is implemented, may save both time and cost to SERS' members.
Costs
There are no costs to the Commonwealth, its citizens or State employees associated with this proposal.
Compliance Costs
The proposed rulemaking 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 rulemaking 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 rulemaking, 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 rulemaking, 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 rulemaking 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-form publication of the rulemaking by the Board.
H. Public Comments
Written Comments. Interested persons are invited to submit comments regarding the proposed rulemaking 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 rgentzel@state.pa.us 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,
ChairpersonFiscal Note: 31-9. No fiscal impact; (8) recommends adoption.
Annex A
TITLE 4. ADMINISTRATION
PART X. STATE EMPLOYEES' RETIREMENT BOARD
CHAPTER 241. PRELIMINARY PROVISIONS § 241.2. Electronic submission of documents and electronic transactions.
(a) The System may, in accordance with the Electronic Transactions Act (73 P. S. §§ 2260.101--2260.903), and other applicable laws of the Commonwealth, and to the extent authorized by a policy adopted by the Board, allow members to submit documents or conduct benefit transactions using electronic media.
(b) A policy adopted by the Board may include provisions requiring a member using electronic media to:
(1) Acknowledge that SERS will not be held responsible in the event the document submitted using electronic media is not accurately received by SERS.
(2) Agree to hold SERS harmless in the event of any fraud, mistake or negligence, whether intentional or unintentional, in connection with filings made or transactions conducted using electronic media.
(3) Agree to indemnify the System for any losses that may result directly or indirectly from filings made or transactions conducted using electronic media.
[Pa.B. Doc. No. 08-179. Filed for public inspection February 1, 2008, 9:00 a.m.]
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