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Appeal Procedures

IMRF has different appeal procedures depending upon the type of decision an IMRF member or employer is appealing. For example, a member who is appealing a decision in which disability benefits were denied would use a different appeal procedure than a member who was appealing a decision about Past Service credit. IMRF’s appeal procedures are:


Summary of Appeal Procedures - Disability

If IMRF staff denies or terminates your claim for disability benefits, we will inform you in writing of that decision. At this point if you have either additional evidence of disability or other compelling argument that meets the Pension Code’s definition of disability, you may request a hearing before the IMRF Board of Trustees’ Benefit Review Committee.

To request a hearing, you must complete the “Request for a Hearing,” Form 5.70. This form is enclosed with the denial letter advising you of the disability claim denial. The completed request for a hearing form must be received by IMRF within 63 days of the date of the staff denial letter.

Additional information regarding the procedures and deadlines for filing information is stated in the denial letter and on the Request for a Hearing form.

The hearings are held in the IMRF Oak Brook offices. You may appear personally with or without an attorney. If you are unable to attend, a representative or attorney may appear for you. Hearings may also be held via videoconference from our Springfield office or via telephone conference at your request. You may also present a written appeal without a personal appearance.

The Benefit Review Committee will make a recommendation to the full IMRF Board of Trustees. If the appeal only concerns legal, as opposed to factual issues, a formal hearing before the Benefit Review Committee will not be held, and the Board of Trustees will decide the appeal based solely upon the written record.

The decision of the Board of Trustees, after a Benefit Review Committee hearing, constitutes its final administrative decision and IMRF will take no further action regarding the claim. However, review of the Board of Trustees’ final administrative decisions is provided under Article III of the Illinois Code of Civil Procedure [735 ILCS 5/3-101 et seq. (West 2002)]. If a member wishes to pursue a claim, he or she must file an action for Administrative Review in the Circuit Court of either DuPage or Sangamon County, Illinois, within 35 days of the date of the notice of the Board’s decision.

Read the complete Appeal Procedures for Disability Benefits.

 

Summary of Appeal Procedures – Non-Disability

If IMRF staff denies your claim for benefits that are not related to a disability claim, we will inform you of that decision in writing. At that point if you have either additional evidence or other compelling argument against the staff decision, you may request a hearing before the Board of Trustees’ Benefit Review Committee.

To request a hearing, you must petition in writing. This petition may be in any format and can simply state your request for a hearing. The petition should be directed to the Associate General Counsel in the IMRF Oak Brook office and must be received by IMRF within 63 days after the date of the staff determination letter.

The Associate General Counsel will then send you an acknowledgement of the petition and inform you that a formal Statement of Claim must be filed.

After the Statement of Claim is received by IMRF, the Associate General Counsel will add your claim to the agenda of the next available Benefit Review Committee meeting. Once scheduled, you will be provided a written notice of the date, time, place, and subject matter of the hearing.

The hearings are held in the IMRF Oak Brook offices. You may appear personally with or without an attorney. If you are unable to attend, a representative or attorney may appear for you. Hearings may also be held via videoconference from our Springfield office or via telephone conference at your request. You may also present a written appeal without a personal appearance.

The Benefit Review Committee will make a recommendation to the full IMRF Board of Trustees. If the appeal only concerns legal, as opposed to factual issues, a formal hearing before the Benefit Review Committee will not be held, and the Board of Trustees will decide the appeal based solely upon the written record.

The decision of the Board of Trustees, after a Benefit Review Committee hearing, constitutes its final administrative decision and IMRF will take no further action regarding the claim. However, review of the IMRF Board of Trustees’ final administrative decisions is provided under Article III of the Illinois Code of Civil Procedure [735 ILCS 5/3-101 et seq. (West 2002)]. If a member wishes to pursue a claim, he or she must file an action for Administrative Review in the Circuit Court of either DuPage or Sangamon County, Illinois, within 35 days of the date of the notice of the Board’s decision.

Read the complete Appeal Procedures for Non-Disability Benefits.

 

 


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IMRF Online provides a brief summary of IMRF benefits and the adminstration of those benefits. IMRF members' and employers' rights and obligations are governed by Article 7 of the Illinois Pension Code. Statements in these publications are general, and the Illinois state law governing IMRF is complex and specific. If a conflict arises between information in these publications and the law, all decisions are based on the law.

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Page Last Updated by lbh on 01-13-09