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PA Bulletin, Doc. No. 10-320

RULES AND REGULATIONS

STATE EMPLOYEES' RETIREMENT BOARD

[ 4 PA. CODE CH. 247 ]

Termination of Annuities

[40 Pa.B. 972]
[Saturday, February 20, 2010]

 The State Employees' Retirement Board (Board) amends Chapter 247 to read as set forth in Annex A.

 The deletion of § 247.6(a) will eliminate obsolete language and language that is repetitive of language in 71 Pa.C.S. Part XXV (relating to State Employees' Retirement Code) (Retirement Code). The language contained in this subsection that refers to multiple service is obsolete. The remainder of the language in this subsection is repetitive of language currently contained in 71 Pa.C.S. §§ 5706 and 5906 (relating to termination of annuities; and duties of heads of departments).

A. Effective Date

 The amendment will be effective upon publication in the Pennsylvania Bulletin as a final 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 S. Vecchio, Counsel, State Employees' Retirement System, 30 North Third Street, Suite 150, Harrisburg, PA 17101-1716, (717) 783-7317.

C. Statutory Authority

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

D. Summary of the Final-Form Rulemaking

 The subsection to be deleted contains obsolete language and language that is repetitive of language in the Retirement Code. Deleting this section will avoid potential confusion on the part of members of State Employees' Retirement System (SERS) and the agency's personnel and potential litigation.

E. Summary of Comments and Responses

 No comments were received regarding this rulemaking.

F. Benefits, Costs and Compliance

 Executive Order 1996-1 requires a cost/benefit analysis of this final-form regulation.

Benefits

 The deletion of this subsection would benefit SERS and its members. This subsection is unnecessary, as parts are repetitive and are obsolete. Deleting this subsection of the regulation will avoid potential confusion on the part of members of SERS and the agency's personnel and potential litigation.

Costs

 There are no costs to the Commonwealth, its citizens or State employees associated with this proposal.

Compliance Costs

 The deletion is not expected to impose any additional compliance costs.

G. Sunset Review

 A sunset date has not been established for this regulation.

H. Regulatory Review

 Under section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)), on January 18, 2008, the Board submitted a copy of the proposed rulemaking, published at 38 Pa.B. 615 (February 2, 2008), to the Independent Regulatory Review Commission (IRRC) and the House State Government Committee and the Senate Finance Committee (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. No comments from IRRC, the Committees or the public were received.

 Under section 5.1(j.2) of the Regulatory Review Act (71 P. S. § 745.5a(j.2)), on January 6, 2010, this final-form rulemaking was deemed approved by the Committees. Under section 5(g) of the Regulatory Review Act, the final-form rulemaking was deemed approved effective January 6, 2010.

I. Findings

 The Board finds that:

 (1) Public notice of intention to amend this regulation 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 by publication at 38 Pa.B. 615.

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

J. Order

 The Board, acting under the authorizing statutes, orders that:

 (a) The regulations of the Board, 4 Pa. Code Chapter 247, are amended by amending § 247.6 to read as set forth in Annex A.

 (b) The amendment 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 Annex A 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.

NICHOLAS J. MAIALE, 
Chairperson

 (Editor's Note: For the text of the order of the Independent Regulatory Review Commission relating to this document, see 40 Pa.B. 575 (January 23, 2010).)

 Fiscal Note: Fiscal Note 31-10 remains valid for the final adoption of the subject regulation.

Annex A

TITLE 4. ADMINISTRATION

PART X. STATE EMPLOYEES' RETIREMENT BOARD

CHAPTER 247. BENEFITS

§ 247.6. Termination of annuities.

 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, does not apply to a member who returns to active State service from a disability annuity.

[Pa.B. Doc. No. 10-320. Filed for public inspection February 19, 2010, 9:00 a.m.]


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