2099 Notice of comments issued

INDEPENDENT REGULATORY REVIEW COMMISSION

Notice of Comments Issued

[35 Pa.B. 6290]

   Section 5(g) of the Regulatory Review Act (71 P. S. § 745.5(g)) provides that the Independent Regulatory Review Commission (Commission) may issue comments within 30 days of the close of the public comment period. The Commission comments are based upon the criteria contained in section 5.2 of the Regulatory Review Act (71 P. S. § 745.5b).

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final-form regulation must be submitted within 2 years of the close of the public comment period or it will be deemed withdrawn.

Reg No.	Agency/Title	Close of the Public Comment Period	IRRC Comments Issued
31-3	State Employees' Retirement Board Preliminary Provisions	10/3/05	11/2/05
	35 Pa.B. 4923 (September 3, 2005)
31-4	State Employees' Retirement Board Membership, Credited Service and Eligibility for Benefits	10/3/05	11/2/05
	35 Pa.B. 4922 (September 3, 2005)

____

State Employees' Retirement Board
Regulation #31-3
(IRRC #2490)

Preliminary Provisions

November 2, 2005

   We submit for your consideration the following comments on the proposed rulemaking published in the September 3, 2005 Pennsylvania Bulletin. Our comments are based on criteria in Section 5.2 of the Regulatory Review Act (71 P. S. § 745.5b). Section 5.1(a) of the Regulatory Review Act (71 P. S. § 745.5a(a)) directs the State Employees' Retirement Board (Board) to respond to all comments received from us or any other source.

1.  Section 241.1. Definitions.--Clarity.

   The Board is proposing to delete the definition of ''class of service multiplier'' from its regulations. We agree the current definition is cumbersome as written. However, we suggest the Board replace the existing language with a cross reference to the definition of ''class of service multiplier'' found in 71 Pa.C.S.A. § 5102.

State Employees' Retirement Board
Regulation #31-4
(IRRC #2491)

Membership, Credited Service and
Eligibility for Benefits

November 2, 2005

   We submit for your consideration the following comments on the proposed rulemaking published in the September 3, 2005 Pennsylvania Bulletin. Our comments are based on criteria in Section 5.2 of the Regulatory Review Act (71 P. S. § 745.5b). Section 5.1(a) of the Regulatory Review Act (71 P. S. § 745.5a(a)) directs the State Employees' Retirement Board (Board) to respond to all comments received from us or any other source.

1.  Section 243.8.--Classes of service.--Reasonableness; Clarity.

   The Board is proposing to delete the list of classes of service that have been closed to new members since March 1, 1974, from its regulations. In its Preamble to the regulation, the Board states that since the classes of service proposed to be deleted were closed to new members over 30 years ago ''there are few, if any, Commonwealth employees subject to this regulation.''

   Board staff indicated that there are still active and inactive members of Class C, Class D-3 and Class E-2 contained in Subsection (a). It is our recommendation that the Board retain all classes of service in its regulations that still have active or inactive members.

   Additionally we recommend the retention of Subsection (b) for the same reason previously mentioned.

JOHN R. MCGINLEY, Jr.,   
Chairperson

[Pa.B. Doc. No. 05-2099. Filed for public inspection November 11, 2005, 9:00 a.m.]