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PA Bulletin, Doc. No. 02-1705


Notice of Comments Issued

[32 Pa.B. 4789]

   Section 5(d) of the Regulatory Review Act (71 P. S. § 745.5(d)) provides that the designated standing Committees may issue comments within 20 days of the close of the public comment period, and the Independent Regulatory Review Commission (Commission) may issue comments within 10 days of the close of the Committee comment period. The Commission comments are based upon the criteria contained in section 5.1(h) and (i) of the Regulatory Review Act (71 P. S. § 745.5a(h) and (i)).

   The Commission has issued comments on the following proposed regulation. The agency must consider these comments in preparing the final-form regulation. The final-form regulation must be submitted within 2 years of the close of the public comment period or it will be deemed withdrawn.

Close of the Public Comments
Reg No. Agency/Title Comment Period Issued
#11-210 Insurance
8/12/02 9/13/02
Workers' Compensation Security Fund

   (32 Pa.B. 3398 (July 13, 2002))

Insurance Department Regulation No. 11-210

Workers' Compensation Security Fund

September 13, 2002

   We submit for consideration the following objections and recommendations regarding this regulation. Each objection or recommendation includes a reference to the criteria in the Regulatory Review Act (71 P. S. § 745.5a(h) and (i)) which have not been met. The Insurance Department (Department) must respond to these comments when it submits the final-form regulation. If the final-form regulation is not delivered within 2 years of the close of the public comment period, the regulation will be deemed withdrawn.

Section 165.7. Assessment.--Clarity.

   This section describes the process of determining, billing and collecting insurance carriers' assessments for the Workers' Compensation Security Fund. We have two issues.

   First, subsection (c) states, ''The assessment, when necessary, will be billed by December 31 of the year subsequently used in the actuarial study.'' The reference to ''the year subsequently used in the actuarial study'' is confusing. It is our understanding that the bill will be issued by December 31 of the year in which the actuarial study is completed. This subsection should be amended in the final-form regulation to clearly reflect the timing of the bill. Additionally, the Department should consider adding an example to clarify this subsection.

   Second, there is an extra word in subsection (d). The Department should delete the word ''be'' in the phrase ''is be due by March 31.''


[Pa.B. Doc. No. 02-1705. Filed for public inspection September 27, 2002, 9:00 a.m.]

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