INDEPENDENT REGULATORY REVIEW COMMISSION Notice of Comments Issued [38 Pa.B. 1793]
[Saturday, April 12, 2008]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final-form regulation must be submitted within 2 years of the close of the public comment period or it will be deemed withdrawn.
IRRC Close of the Public Comments Reg. No. Agency/Title Comment Period Issued 31-11 State Employees' Retirement Board 3/3/08 4/2/08 Death Benefits 38 Pa.B. 612 (February 2, 2008) 31-9 State Employees' Retirement Board 3/3/08 4/2/08 Electronic Submission of Documents and Electronic Transactions 38 Pa.B. 614 (February 2, 2008)
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State Employees' Retirement Board
Regulation #31-11 (IRRC #2668)Death Benefits April 2, 2008 We submit for your consideration the following comments on the proposed rulemaking published in the February 2, 2008 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.
§ 247.7. Death benefits.--Clarity.
The Board is adding Subsection (c) to provide additional guidance on what must be contained on the Board's nomination of beneficiary form. The new language does not create a binding requirement because all provisions include the word ''should.'' The term ''should'' is nonregulatory language which indicates that the provisions are optional. It is inappropriate to include optional provisions in a regulation. If the Board wants the new language to be binding, the word ''should'' must be changed to ''shall.'' If the new language is intended to be a recommendation and not a requirement, the Board should withdraw the regulation and place the language in a policy statement or guidance document.
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State Employees' Retirement Board
Regulation #31-9 (IRRC #2670)Electronic Submission of Documents
and Electronic TransactionsApril 2, 2008 We submit for your consideration the following comments on the proposed rulemaking published in the February 2, 2008 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. General.--Need; Reasonableness.
Through this proposed regulation, the Board intends to allow members to submit documents or conduct benefit transactions using electronic media. However, the Electronic Transactions Act already provides governmental agencies, including the Board, the latitude to decide whether or not to accept electronic records. (73 P. S. § 2260.502). Therefore, we question the need for this regulation and recommend that it be withdrawn.
Further, the purpose of a regulation is to set forth language that guides the regulated community in complying with existing statutes. Therefore, if the Board intends to promulgate a regulation pertaining to the electronic filing of documents, the requirements of such filings should be included in the regulation. To give the regulated community the opportunity to provide input on these provisions, as required by the Regulatory Review Act (71 P. S. §§ 745.1 et seq.), the Board should propose a new regulation that includes the specific requirements for electronic filing.
2. § 241.2. Electronic submission of documents and electronic transactions.--Clarity.
The language in this proposed regulation uses the terms ''System'' and ''SERS'' interchangeably. For clarity, the Board should use one term consistently throughout the regulation.
ARTHUR COCCODRILLI,
Chairperson[Pa.B. Doc. No. 08-690. Filed for public inspection April 11, 2008, 9:00 a.m.]
