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COMMONWEALTH OF PENNSYLVANIA

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Pennsylvania Code



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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