Appeal Process
Appeal Rights
A member and/or city may appeal a decision, in writing, within 30 days of the date of the initial letter of determination. Notice of the hearing shall be given at least thirty days prior to the scheduled date of the hearing.
Appeal Committee
If an appeal is filed, an appeal hearing is established with a committee made up of three members of the Board of Trustees. System Exhibits for the hearing are provided to each party to the appeal prior to the date of the hearing. Hearings are conducted in accordance with Chapter Six of the MFPRSI Administrative Rules. Both the member and the city have the right to bring evidence and testimony before the committee.
Board of Trustees
The Appeal Committee sets forth it's statement of the case, findings of fact, and the recommended decision, and brings this to the full Board of Trustees at the next meeting of that body for discussion and the Board's decision. The decision of the Board on behalf of the System is distributed to all parties.
Judicial Review
If either party to the appeal disagrees with the decision of the Board of Trustees, a certiorari action may be filed in District Court. The Court's review is limited to questions of law. (1) The date the original decision is made is the date that benefits will begin (if applicable). If benefits are approved, and the decision is appealed, the member continues to receive payments pending the outcome of the appeal. If, after the appeal process is concluded, the award of benefits is overturned, the member may be required to repay the amount already received, or upon later retirement, may have payments suspended until the amount is recovered by the System.