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PA Bulletin, Doc. No. 11-1990

RULES AND REGULATIONS

Title 4—ADMINISTRATION

STATE EMPLOYEES' RETIREMENT BOARD

[ 4 PA. CODE CH. 247 ]

Corrective Amendment to 4 Pa. Code § 247.7

[41 Pa.B. 6217]
[Saturday, November 19, 2011]

 The State Employees' Retirement Board has discovered a discrepancy between the agency text of 4 Pa. Code § 247.7 (relating to death benefits), as deposited with the Legislative Reference Bureau and published at 38 Pa.B. 4396 (August 9, 2008), and the official text published at 40 Pa.B. 973, 974 (February 20, 2010) and as currently appearing in the Pennsylvania Code. A reference to subparagraph (v) was inadvertently omitted from subsection (a)(2).

 Therefore, under 45 Pa.C.S. § 901: The State Employees'Retirement Board has deposited with the Legislative Reference Bureau a corrective amendment to 4 Pa. Code § 247.7. The corrective amendment to 4 Pa. Code § 247.7 is effective as of February 20, 2010, the date the defective official text was printed in the Pennsylvania Bulletin.

 The correct version of 4 Pa. Code § 247.7 appears in Annex A.

Annex A

TITLE 4. ADMINISTRATION

PART X. STATE EMPLOYEES' RETIREMENT BOARD

CHAPTER 247. BENEFITS

§ 247.7. Death benefits.

 (a) Manner of payments. In the event the member does not designate a beneficiary before death or the designation is not valid for any reason or no validly designated beneficiary survives the member by 30 days under 71 Pa.C.S. § 5709(c) (relating to the payment of benefits) to receive any of the death benefits provided in the code, the benefits shall be payable to the estate of the member.

 (1) If the estate of the member is entitled to receive the member's death benefits but does not file a claim for the benefits within 60 days of the date the System mails notice of the benefits to the estate of the member, the entire amount of the death benefit shall be payable in the following sequential priority:

 (i) To the appointed executor or administrator of the deceased member.

 (ii) To the surviving spouse of the member.

 (iii) To any child of the member.

 (iv) To the father or mother of the member.

 (v) To any sister or brother of the member.

 (2) Payments made under paragraph (1)(iii), (iv) or (v) shall be made to only one person and not divided among members of the classes identified in those subparagraphs. Upon payment of a death benefit pursuant to this section, the System shall be discharged from any further liability for the payment of the death benefits to any other person. Any person to whom payment is made under this paragraph shall be answerable therefore to anyone prejudiced by the payment.

 (b) Single life annuity. If a single life annuitant dies before receiving in monthly annuity payments the total amount of accumulated deductions, the balance of the total accumulated deductions shall be paid to the designated beneficiary without regard to the actual proportion the State share represents to the total monthly annuity payments actually received before death.

[Pa.B. Doc. No. 11-1990. Filed for public inspection November 18, 2011, 9:00 a.m.]


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