PROPOSED RULEMAKING
[ 4 PA. CODE CH. 247 ]
Termination of Annuities
[38 Pa.B. 615]
[Saturday, February 2, 2008]The State Employees' Retirement Board (Board) proposes to amend 4 Pa. Code § 247.6 (relating to termination of annuities) by deleting subsection (a).
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 made under the authority of 71 Pa.C.S. § 5902(h) (relating to administrative duties of the board) (Retirement Code).
D. Background and Purpose
The subsection to be deleted contains obsolete language and language that is repetitive of language in the Retirement Code. Deleting this subsection will avoid potential confusion on the part of members of the State System of Employees' Retirement System (SERS) and the agency's personnel and potential litigation.
E. Benefits, Costs and Compliance
Benefits
The proposed deletion of this subsection would benefit SERS and its members. This subsection is unnecessary, parts of which are repetitive and parts of which are obsolete. Deleting this subsection will avoid potential confusion on the part of members of SERS and its personnel and potential litigation.
Costs
There are no costs to the Commonwealth, its citizens or State employees associated with this proposed amendment.
Compliance Costs
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 amendment 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 amendment 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 amendment, 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 amendment 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 amendment by the Board.
H. Public Comments
Written Comments. Interested persons are invited to submit comments regarding the proposed amendment 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: 31-10. No fiscal impact; (8) recommends adoption.
Annex A
TITLE 4. ADMINISTRATION
PART X. STATE EMPLOYEES' RETIREMENT BOARD
CHAPTER 247. BENEFITS § 247.6. Termination of annuities.
[(a) Return to service and multiple service election. An annuity payable under the code shall be automatically discontinued if the annuitant returns to State service except as otherwise provided in section 5706 of the code (relating to termination of annuities). An annuity payable under the code shall also cease if the annuitant enters school service and elects multiple service membership within 30 days thereafter and for all periods of State and school service until there is a subsequent discontinuance thereof. No annuitant entering school service, who has failed to elect multiple service membership within 30 days thereafter, shall be eligible to elect multiple service membership.
(b) Disability annuitant.] The requirement that the subsequent annuity of a member who returns to active service, having once been on retirement, be reduced on the basis of benefits received prior to superannuation age, [shall] does not [be applicable] apply to a member who returns to active State service from a disability annuity.
[Pa.B. Doc. No. 08-180. Filed for public inspection February 1, 2008, 9:00 a.m.]
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