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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