Pennsylvania Code
Pennsylvania Code & Bulletin
COMMONWEALTH OF PENNSYLVANIA

• No statutes or acts will be found at this website.

The Pennsylvania Bulletin website includes the following: Rulemakings by State agencies; Proposed Rulemakings by State agencies; State agency notices; the Governor’s Proclamations and Executive Orders; Actions by the General Assembly; and Statewide and local court rules.

PA Bulletin, Doc. No. 05-1677

PROPOSED RULEMAKING

STATE EMPLOYEES' RETIREMENT BOARD

[4 PA. CODE CH. 249]

Administration Duties of the Board

[35 Pa.B. 5013]

   The State Employees' Retirement Board (Board) proposes to amend § 249.2 (relating to administrative duties of the Board) to read as set forth in Annex A.

A.  Effective Date

   This proposed rulemaking will go into effect upon final-form publication in the Pennsylvania Bulletin.

B.  Contact Person

   For further information, contact Robert Gentzel, Director of Communications and Policy, State Employees' Retirement System, 30 North Third Street, Harrisburg, PA 17101, (717) 787-9657; or Salvatore A. Darigo, Jr., Counsel, State Employees' Retirement System, 30 North Third Street, Harrisburg, PA 17101, (717) 787-7317. Information regarding submitting comments on this proposal appears in Section H of this preamble.

C.  Statutory Authority

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

D.  Background and Purpose

   The Board is responsible for implementing the retirement benefit program outlined in 24 Pa.C.S. Part IV (relating to Public School Employees' Retirement Code) (Retirement Code). Section 249.2(a) provides that the minutes of the Board's meetings will be available for public inspection at the Board's offices during normal working hours. This subsection further provides that the minutes will be the only records made available for public inspection. Section 249.2(a) is being deleted because it directly conflicts with the act of June 21, 1957 (P. L. 390, No. 212), known as the Right-to-Know Law (65 P. S. §§ 66.1--66.4). The purpose of this proposed rulemaking is to remove an outmoded and unenforceable provision that directly conflicts with the Right-to-Know Law.

E.  Benefits, Costs and Compliance

Benefits

   This proposed rulemaking would benefit the State Employees' Retirement System (SERS) and its members. Section 249.2(a) is unnecessary, outmoded and unenforceable. Deleting this subsection will avoid confusion on the part of members of SERS and the agency's personnel.

Costs

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

Compliance Costs

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

F.  Sunset Review

   Sunset review is not applicable in this instance.

G.  Regulatory Review

   Under section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)), on August 25, 2005, the Board submitted a copy of this proposed rulemaking and a copy of a Regulatory Analysis Form to the Independent Regulatory Review Commission (IRRC) and to the Chairpersons of the House State Government Committee and the Senate Finance Committee. A copy of this material is available to the public upon request.

   Under section 5(g) of the Regulatory Review Act, IRRC may convey any comments, recommendations or objections to the proposed rulemaking within 30 days of the close of the public comment period. The comments, recommendations or objections must specify the regulatory review criteria which have not been met. The Regulatory Review Act specifies detailed procedures for review, prior to final publication of the rulemaking, by the Board, the General Assembly and the Governor of comments, recommendations or objections raised.

H.  Public Comments

   Written Comments--Interested persons are invited to submit comments, suggestions or objections regarding the proposed rulemaking to Robert Gentzel, Director of Communications and Policy, State Employees' Retirement System, 30 North Third Street, 5th Floor, Harrisburg, PA 17101. 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: 31-5. No fiscal impact; (8) recommends adoption.

Annex A

TITLE 4. ADMINISTRATION

PART X. STATE EMPLOYEES' RETIREMENT BOARD

CHAPTER 249. ADMINISTRATION, FUNDS, ACCOUNTS, GENERAL PROVISIONS

Subchapter A. ADMINISTRATION

§ 249.2. Administrative duties of the Board.

   [(a)  The minutes of all the Board meetings will be available for public inspection at the offices of the Board during normal working hours. No other records of the Board will be available for inspection by the public.

   (b)]  *  *  *

[Pa.B. Doc. No. 05-1677. Filed for public inspection September 9, 2005, 9:00 a.m.]


No part of the information on this site may be reproduced for profit or sold for profit.

This material has been drawn directly from the official Pennsylvania Bulletin full text database. Due to the limitations of HTML or differences in display capabilities of different browsers, this version may differ slightly from the official printed version.