Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 1600 - UNIVERSITIES RETIREMENT › Subpart E - ADMINISTRATIVE REVIEW › Section 1600.510 - Employer-Related Determinations and Rules for Appeal

Current through Register Vol. 48, No. 28, July 12, 2024
This Section establishes procedures for employer appeals
				  concerning matters of administration under the Illinois Pension Code.
a) Administrative Determination. The Board of
				Trustees hereby delegates to the SURS administrative staff the responsibility
				for making determinations that affect the rights and obligations of employers,
				consistent with the provisions of the Code.
b) Review by Senior Claims Management. Any
				employer adversely affected by a determination by System administrative staff
				may file, with a member of the SURS senior claims management or other person
				designated by the Executive Director, an Employer Request for Review. An
				Employer Request for Review must be received within 35 days after the date of
				the decision from which review is sought. If an Employer Request for Review is
				not timely filed, the determination by administrative staff is final for all
				purposes and not subject to administrative or judicial review. The review shall
				be based on all materials contained in the record, as well as any additional
				materials the employer attaches to the Employer Request for Review. All filings
				or submissions, whether optional or required under this Section, shall be
				considered timely if date stamped by SURS within the time prescribed. The
				decision reached by senior claims management or the Executive Director's
				designee shall be served on the employer's authorized representative by
				delivery to a third-party commercial carrier or by registered or certified
				mail, return receipt requested.
c)
				Review by the Claims Panel and Executive Committee. Any employer adversely
				affected by the disposition of an Employer Request for Review made by senior
				claims management or the designee may request, in writing, review by the Claims
				Panel of the Board by filing with the SURS General Counsel, within 35 days
				after the date of the decision from which review is sought, a Petition for
				Employer Appeal All rights, obligations, procedures, pleading requirements,
				evidentiary standards, and standards of proof applicable to the review by the
				Claims Panel and any subsequent appeal to the Executive Committee of the Board
				under a Petition for Employer Appeal shall be as provided for member appeals
				under Section 1600.500(c) through
				(g).
d) Effect of Appeal on Due Dates, Interest
				and Penalties
1) Due Dates. If any provision
				of the Code or SURS regulations requires the employer to make payment by a
				certain date, the due date shall not be extended during the pendency of the
				appeal. Any final decision under this Section that partially reduces the
				payment shall extend the due date of the remaining balance by the time period
				during which the matter was under appeal.
2) Interest and Penalties on Payments. If any
				provision of the Code or SURS regulations imposes interest or penalties upon an
				employer after a certain date for nonpayment, the interest and/or penalties
				shall continue to accrue during the pendency of the appeal. Any final decision
				that partially reduces the payment shall also reduce the attributable interest
				and/or penalties. To avoid the accrual of interest and/or penalties, the
				employer may make payment or perform any action required by SURS under protest.
				A payment submitted or required action performed under protest must be
				submitted or performed on or before the date of the Petition for Employer
				Appeal is filed pursuant to subsection (b). Any payment submitted or required
				action performed under protest shall not be considered an admission of any
				liability and shall not constitute a waiver of any appeal rights under this
				Section.