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PA Bulletin, Doc. No. 09-1677

RULES AND REGULATIONS

Title 4—ADMINISTRATION

STATE EMPLOYEES' RETIREMENT SYSTEM

[4 PA. CODE CH. 250]

Special Rules of Administrative Practice and Procedure

[39 Pa.B. 5292]
[Saturday, September 12, 2009]

 The State Employees' Retirement Board (Board) proposes to amend Chapter 250 (relating to special rules of administrative practice and procedures) by amending § 250.1 (relating to applicability of general rules) and adding § 250.2 (relating to appeal period from decisions of administrative staff).

A. Effective Date

 This final-form rulemaking will go into effect upon publication in the Pennsylvania Bulletin.

B. Contact Person

 For further information contact Robert Gentzel, Director of Communications and Policy, State Employees' Retirement System, 30 North Third Street, P. O. Box 1147, Harrisburg, PA 17108-1147, (717) 787-9657 or Paul M. Stahlnecker, Counsel, State Employees' Retirement System, 30 North Third Street, Harrisburg, PA 17101, (717) 783-7317.

C. Statutory Authority

 This final-form rulemaking is being made under the authority of 71 Pa.C.S. § 5902(h) (relating to administrative duties of the board).

D. Summary of the Final-Form Rulemaking

 This final-form rulemaking formalizes current Board practice of allowing for a 30-day appeal period for parties aggrieved by an administrative decision of the State Employees' Retirement System (SERS).

E. Summary of Comments and Responses

 No comments were received from the Independent Regulatory Review Commission (IRRC), the House State Government Committee and the Senate Finance Committee (Committees) or the public.

F. Benefits, Costs and Compliance

 Executive Order 1996-1 requires a cost/benefit analysis of the rulemaking.

Benefits

 The final-form rulemaking is intended to alleviate any confusion and prevent possible disputes with regard to the granting of the additional 20-day period in which an aggrieved party may file an appeal.

Costs

 There are no costs to the Commonwealth, its citizens or State employees associated with this final-form rulemaking.

Compliance Costs

 The final-form rulemaking is not expected to impose any additional compliance costs on State employees.

G. Sunset Review

 Sunset review is not applicable.

H. Regulatory Review

 Under section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)), on July 24, 2007, the Board submitted a copy of the proposed rulemaking, published at 37 Pa.B. 4209 (August 4, 2007), IRRC and the Committees for review and comment.

 Under section 5(c) of the Regulatory Review Act, the Board is required to provide IRRC and the Committees with copies of the comments received during the public comment period, as well as other documents requested. The Board received no comments with regard to this final-form rulemaking.

 Under section 5.1(j.2) of the Regulatory Review Act, on July 22, 2009, this final-form rulemaking was deemed approved by the Committees. Under section 5.1(g) of the Regulatory Review Act, the final-form rulemaking was deemed approved by IRRC, effective July 22, 2009.

I. Findings

 The Board finds that:

 (1) Public notice of the intention to amend these regulations was given under sections 201 and 202 of the act of July 31, 1968 (P. L. 769, No. 240) (45 P. S. §§ 1201 and 1202) and the regulations thereunder, 1 Pa. Code §§ 7.1 and 7.2 (relating to notice of proposed rulemaking; and adoption of regulations).

 (2) The final-form rulemaking is necessary and appropriate for the administration of the Retirement Code.

J. Order

 The Board, acting under 71 Pa.C.S. § 5902(h), orders that:

 (a) The regulations of the Board, 4 Pa. Code Chapter 250, are amended by amending § 250.1 and adding § 250.2 to read as set forth at 37 Pa.B. 4209.

 (b) The amendments shall be submitted to the Office of Attorney General for approval as to legality as required by law.

 (c) The Secretary of the Board shall certify this order and 37 Pa.B. 4209 and deposit them with the Legislative Reference Bureau as required by law.

 (d) This order shall take effect immediately upon publication in the Pennsylvania Bulletin.

LEONARD KNEPP, 
Secretary

 (Editor's Note: For the text of the order of the Independent Regulatory Review Commission, relating to this document, see 37 Pa.B. 4208 (August 4, 2007).)

 Fiscal Note: Fiscal Note 31-6 remains valid for the final adoption of the subject regulations.

[Pa.B. Doc. No. 09-1677. Filed for public inspection September 11, 2009, 9:00 a.m.]


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