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PA Bulletin, Doc. No. 08-178

PROPOSED RULEMAKING

[ 4 PA. CODE CH. 241 ]

Definitions

[38 Pa.B. 613]
[Saturday, February 2, 2008]

   The State Employees' Retirement Board (Board) proposes to amend 4 Pa. Code § 241.1 (relating to definitions) regarding the definition of ''beneficiary.''

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).

D.  Background and Purpose

   This proposed amendment will clarify the definition of the term ''beneficiary'' by defining the words ''person'' or ''persons.'' It also removes the gender specific terms currently in the definition and replaces them with gender neutral terms. Finally, it removes the operative provisions regarding payment to an estate or next of kin if a beneficiary is not designated by a member.

E.  Benefits, Costs and Compliance

Benefits

   The proposed amendment is intended to alleviate confusion and prevent possible disputes with regard to proper naming of beneficiaries by members.

Costs

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

Compliance Costs

   The proposed amendment is not expected to impose any additional compliance costs on State employees.

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, 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 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-form 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,   
Chairperson

   Fiscal Note: 31-8. No fiscal impact; (8) recommends adoption.

Annex A

TITLE 4. ADMINISTRATION

PART X. STATE EMPLOYEES' RETIREMENT BOARD

CHAPTER 241. PRELIMINARY PROVISIONS

§ 241.1. Definitions.

   The following words and terms, when used in this part, have the following meanings, unless the context clearly indicates otherwise:

*      *      *      *      *

   Beneficiary--The person or persons, as defined in 1 Pa.C.S. § 1991 (relating to definitions), last designated in writing to the Board by a member to receive [his] the member's accumulated deductions or a lump sum benefit upon the death of [such] the member. [If one is not designated, the recipient shall be the estate of the member or next of kin under 20 Pa.C.S. § 3101 (relating to payments to family and funeral directors), to the extent applicable.]

*      *      *      *      *

[Pa.B. Doc. No. 08-178. Filed for public inspection February 1, 2008, 9:00 a.m.]


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