CHAPTER 250. SPECIAL RULES OF ADMINISTRATIVE PRACTICE AND PROCEDURE
Subchap. Sec.
A. APPLICABILITY OF RULES … 250.1
B. PUBLIC EMPLOYEE’S PENSION FORFEITURE REGULATIONS … 250.11Source The provisions of this Chapter 250 adopted February 7, 1975, 5 Pa.B. 237, unless otherwise noted.
Subchapter A. APPLICABILITY OF RULES
Sec.
250.1. Applicability of general rules.
250.2. Appeal period from decisions of administrative staff.§ 250.1. Applicability of general rules.
Under 1 Pa. Code § 31.1 (relating to scope of part), 1 Pa. Code Part II (relating to General Rules of Administrative Practice and Procedure) is applicable to the activities of and proceedings before the Board, except as provided in this chapter.
Authority This section § 250.1 amended under 71 Pa.C.S. § 5902(h).
Source The provisions of this § 250.1 amended September 11, 2009, effective September 12, 2009, 39 Pa.B. 5292. Immediately preceding text appears at serial page (204987).
Cross References This section cited in 4 Pa. Code § 250.15 (relating to applicability of general rules).
Notes of Decisions Mandamus has been a traditional procedure for the adjudication of retirement benefits of public employes and it is questionable whether there is an adequate remedy at law where hundreds or thousands of hearings could be required. Pennsylvania Association of State Mental Hospital Physicians Inc. v State Employes’ Retirement Board, 361 A.2d 449 (Pa. Cmwlth. 1976).
§ 250.2. Appeal period from decisions of administrative staff.
(a) Decisions of administrative staff under authority delegated by the Board may be appealed to the Board by filing a formal appeal within 30 days after service of notice of the administrative decision. Extensions of this appeal period may be requested for good cause and will be granted at the discretion of the Board Secretary.
(b) This section supersedes 1 Pa. Code § 35.20 (relating to appeals from actions of the staff).
Authority This section is issued under 71 Pa.C.S. § 5902(h).
Source The provisions of this § 250.2 adopted September 11, 2009, effective September 12, 2009, 39 Pa.B. 5292.
Subchapter B. PUBLIC EMPLOYE’S PENSION FORFEITURE REGULATIONS
Sec.
250.11. Purpose
250.12. Judgment or record.
250.13. Information.
250.14. Notice.
250.15. Applicability of general rules.
Source The provisions of this Subchapter B adopted December 15, 1978, 8 Pa.B. 774, unless otherwise noted.
§ 250.11. Purpose.
This subchapter administers the Public Employee Pension Forfeiture Act (43 P. S. § § 1311—1315).
§ 250.12. Judgment or record.
The Board will, prior to taking any action on the account of any member under this subchapter, obtain from the appropriate court of record a certified copy of the judgment order or other similar document to enable it, with the advice of counsel, to ascertain whether action under this subchapter will be taken by the Board to forfeit pension benefits or to pay member’s contributions, as provided in this subchapter.
§ 250.13. Information.
(a) The Board will request information of each employer, and the employer shall furnish such information to the Board as may be necessary, with respect to those public employes or officials who may be subject to the provisions of the Public Employee Pension Forfeiture Act (43 P. S. § § 1311—1315) by virtue of improper conduct related to their State position or office. In addition, any employer shall, on its own initiative, provide the Board with such information or personnel action as to possible violation of the provisions of such act in order for the Board to take such action as may be necessary, to forfeit pension benefits or honor restitution requests.
(b) Subsection (a) supplements 1 Pa. Code § 35.142 (relating to subpoenas).
§ 250.14. Notice.
(a) If action is taken to forfeit benefits or to retain the contributions of a member to the extent necessary, to satisfy restitution or if other similar actions are taken, the Board will immediately, by certified mail, notify the affected member of the action taken by the Board, subject to 1 Pa. Code Part II (relating to general rules of administrative practice and procedure).
(b) Subsection (a) supplements 1 Pa. Code § 35.105 (relating to notice of nonrulemaking proceedings).
§ 250.15. Applicability of general rules.
In accordance with § 250.1 (relating to applicability of general rules), formal proceedings under this subchapter are governed by 1 Pa. Code Part II (relating to general rules of administrative practice and procedure).
Notes of Decisions A claimant who is not provided with a copy of an examiner’s that holds in favor of the claimant, is not harmed by the omission so as to require reversal or remand of a board decision that failed to adopt the examiner’s report. The court noted that 4 Pa. Code § 250.15 provides that formal proceed ings before the Board are governed by 1 Pa. Code Part II which is comprised of § § 31.1—32.251. Luckhardt v. State Employes’ Retirement Board, 459 A.2d 1347 (Pa. Cmwlth. 1983).
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