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 90 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. 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 Circuit
Court 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 90 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. 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 Circuit
Court within 35 days of the date of the notice of the Board’s
decision.
Read
the complete Appeal Procedures for Non-Disability Benefits.
Summary
of Appeal Procedures – IMRF Administrative Decisions Not Affecting
Benefits and/or Service Credit
Any
person or employer (in certain circumstances) adversely affected by an
administrative staff determination not involving claims for benefits or
service credit may petition for a hearing before the full Board of Trustees.
At the present time, this appeals process is primarily used for employer
rate cases.
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 90 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 Board
of Trustees’ 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
decision of the Board of Trustees 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)]. In order to pursue a claim, an
action for Administrative Review must be filed in Circuit
Court within 35 days of the date of the notice of the Board’s
decision.
Read the complete Appeal Procedures
for Administrative Decisions Not Affecting Benefits and/or Service Credit.
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