Kentucky Administrative Regulations › Title 105 - KENTUCKY PUBLIC PENSION AUTHORITY › Chapter 1 - General Rules › Section 105 KAR 1:215 - Administrative hearing

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 13B.010-13B170, 16.505-16.652, 61.510-61.705,
				78.510-78.852
NECESSITY, FUNCTION, AND CONFORMITY: KRS 61.505(1)(g)
				authorizes the Kentucky Public Pensions Authority to promulgate all
				administrative regulations on behalf of the Kentucky Retirement Systems and the
				County Employees Retirement System that are consistent with KRS 16.505 to
				16.652, 61.505, 61.510 to 61.705, and 78.510 to 78.852. KRS 61.645(16) and
				78.782(16) provide that an affected person aggrieved by a decision of the
				agency, which is not a determination relating to disability retirement
				benefits, or an employer that is required to pay additional actuarial costs
				pursuant to KRS 61.598 and 78.545, may have the right to request an
				administrative hearing prior to the filing of an appeal in court. KRS 61.615(3), 61.665(3), 78.545, and 78.5528(3) provide that an affected person
				whose disability retirement benefits have been denied, reduced, discontinued,
				or denied for reinstatement may have the right to request an administrative
				hearing prior to filing of an appeal in court. This administrative regulation
				establishes the administrative appeal procedures.
Section 1. Definitions.
(1) "Administrative hearing" or "hearing" is
			 defined by KRS 13B.010(2).
(2)
			 "Administrative record" means the official record of hearing as defined by KRS 13B.130.
(3) "Affected person"
			 means a member, retired member, beneficiary, or recipient.
(4) "Agency portal" means an online portal
			 which stores and tracks relevant information related to an administrative
			 hearing held in accordance with KRS Chapter 13B, including:
(a) The evidentiary record;
(b) Notices of scheduled pretrial
			 conferences, status conferences, or hearings; and
(c) Reports, findings, briefs, position
			 statements, reply position statements, exceptions, and orders.
(5) "Authorized agency staff"
			 means employees of the agency who are approved parties to access the agency
			 portal.
(6) "Briefing order" means
			 an order issued by the hearing officer that provides deadlines for the parties
			 to file any of the following:
(a) Position
			 statements and reply position statements; or
(b) Briefs containing procedural, factual, or
			 legal arguments.
(7)
			 "Claimant" means an affected person who has filed an appeal due to a
			 substantial impairment or an employer that is required to pay additional
			 actuarial costs pursuant to KRS 61.598 and 78.545, and whose matter is still
			 pending at the administrative or appellate court levels.
(8) "Entry of appearance" means a written
			 statement filed at the retirement office attesting that a claimant is
			 represented by an attorney in an administrative hearing process held in
			 accordance with KRS Chapter 13B.
(9) "Evidentiary record" means all evidence,
			 including video recordings of the administrative hearing, received and
			 considered by the agency pertaining to a specific claimant's administrative
			 hearing held in accordance with KRS Chapter 13B.
(10) "Final order" is defined by KRS 13B.010(6).
(11) "Hearing officer"
			 is defined by KRS 13B.010(7).
(12)
			 "Informal settlement" means a submission to the agency by either party that
			 concludes a request for an administrative hearing prior to the hearing process
			 being initiated.
(13) "Party" is
			 defined by KRS 13B.010(3).
(14)
			 "Position statement" means a written statement to explain a party's arguments
			 of fact and law based upon the evidentiary record and applicable statutory and
			 case law.
(15) "Recommended order"
			 is defined by KRS 13B.010(5).
(16)
			 "Reply position statement" means a written statement to explain a party's
			 rebuttal arguments of fact and law that address the factual and legal arguments
			 in the opposing party's position statement.
(17) "Substantially impair" means:
(a)
1. The
			 denial, discontinuance, or reduction of an affected person's
			 benefits;
2. The final
			 determination by the agency requires that an affected person repay overpaid
			 benefits; or
3. The final
			 determination by the agency that the affected person is not exempt from the
			 reduction of creditable compensation in accordance with KRS 61.598 and 78.545;
			 and
(b) Does not include
			 calculation methodology found in KRS 16.505-16.652, 61.510-61.705,
			 78.510-78.852, and KAR Title 105.