Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 1540 - THE ADMINISTRATION AND OPERATION OF THE STATE EMPLOYEES' RETIREMENT SYSTEM OF ILLINOIS › Section 1540.270 - Written Appeals and Hearings

Current through Register Vol. 48, No. 28, July 12, 2024
a)
			 Definition of Terms
"Authorized Representative" - a person representing a
				Petitioner in a written appeal or hearing.
"Executive Committee" - a committee consisting of one member of
				the Board of Trustees, the Chairperson of the Board or the Chairperson's
				designee, and the Executive Secretary of SERS or the Secretary's designee,
				which shall meet periodically for the purpose of hearing all administrative
				contested matters and making recommendations to the Board of Trustees who shall
				make the final decision. At any time, the Chairperson of the Board or the
				Executive Secretary of SERS may appoint an alternate designee to serve on the
				committee in place of the designee that the Chairperson or Secretary has
				previously appointed.
"Executive Secretary" - the person designated as the official
				custodian of all papers and documents filed in proceedings before the Executive
				Committee.
"Hearing" - the reconsideration by the Executive Committee of
				the initial disposition of a claim, at which the Petitioner appears in person
				or by an Authorized Representative, either at the hearing or by video or audio
				conference.
"Hearing Officer" - a member of the Executive Committee or an
				attorney retained by the Executive Committee for the purpose of conducting
				hearings and communicating the Executive Committee's findings of fact,
				conclusions of law, and recommendation to the Board of Trustees.
"Legal Action" - any action, following the final denial by the
				Board of Trustees, in which a member is seeking relief in State or federal
				court for a disputed claim.
"Petition" - a written request made by a Petitioner or
				Authorized Representative for a hearing, a written appeal, a rehearing, or a
				written reappeal before the Executive Committee.
"Petitioner" - an individual who requests by Petition:
a hearing or a written appeal before the Executive Committee
				for reconsideration of the initial disposition of a claim; or
a rehearing or written reappeal before the Executive Committee
				for reconsideration of the disposition of a hearing or written appeal.
"Rehearing" - the reconsideration by the Executive Committee of
				the disposition of a hearing or written appeal, at which the Petitioner appears
				in person or by an Authorized Representative, either at the hearing or by video
				or audio conference.
"System" - the State Employees' Retirement System of
				Illinois.
"Video or Audio Conference" - hearing or rehearing before the
				Executive Committee for which the Petitioner or Authorized Representative is
				not physically present and the proceeding before the Executive Committee is
				conducted through video and audio technology.
"Written Appeal" - the reconsideration by the Executive
				Committee, based upon written evidence, of the initial disposition of a
				Petitioner's claim, at which the Petitioner does not appear either in person or
				by an Authorized Representative.
"Written Reappeal" - the reconsideration by the Executive
				Committee, based upon written evidence, of the disposition of a hearing or
				written appeal, at which the Petitioner does not appear either in person or by
				an Authorized Representative.
b) Administrative Determination
The administrative staff of the System shall be responsible for
				the daily functioning of the System, including the processing of all claims for
				benefits payable by the System, all claims for service credits granted by the
				System, and all claims against or relating to the System.
c) Right of Appeal
Any member, annuitant or beneficiary adversely affected by the
				initial disposition of a claim by the System's staff may have the disposition
				of the claim reconsidered either at a hearing before the Executive Committee or
				by filing a Written Appeal with the Executive Committee.
d) Written Appeals to Executive Committee
1) Communication to Executive Committee
All Petitions for Written Appeal shall be directed to the
				Executive Secretary of SERS at its Springfield Office and must be received
				within 30 days following the notification of the initial disposition of the
				claim.
2) Form of Written
			 Appeal
A Petition for a Written Appeal shall set forth the name and
				address of the Petitioner, the name and address of the Petitioner's Authorized
				Representative if applicable, a brief statement of the facts forming the basis
				of the written appeal, which must include any new or additional evidence, and
				the relief sought.
3)
			 Disposition of Written Appeal
A) The Executive
			 Committee shall consider a Petition for Written Appeal at the next regular
			 meeting of the Executive Committee more than 15 days after the receipt of the
			 Petition.
B) Following the written
			 appeal and the receipt of all supplemental material requested, the
			 recommendation of the Executive Committee shall be communicated in writing to
			 the Petitioner and Authorized Representative, if applicable, and the
			 appropriate action shall be implemented by the Executive Committee subject to
			 the approval of the Board of Trustees.
4) Continuances and Extensions of Time
Continuances and extensions of time shall be granted by the
				Executive Committee when it is demonstrated that obtaining and presenting
				additional evidence is necessary to render a fair and equitable decision on the
				written appeal before the Committee.
5) Minutes and Records of Written Appeals
A) Minutes of every meeting of the Executive
			 Committee and a record of all written appeals before the Executive Committee
			 shall be kept by the Executive Secretary of SERS at its Springfield
			 Office.
B) The Executive Secretary
			 of SERS shall be the official custodian of all papers and documents filed in
			 proceedings before the Executive Committee.