24 CAR § 10-1004 – Staff determinations — Informal resolutions

(a)
1. (1) A member’s claim may be resolved informally through correspondence or conference between the member and the staff of the Arkansas Teacher Retirement System.
2. (2) All reasonable efforts shall be made to informally resolve a member’s claim with the member.
(b)
1. (1) The Executive Director of the Arkansas Teacher Retirement System may implement a resolution of a member’s claim that has a direct impact to the system of up to five thousand dollars ($5,000).
2. (2) Board of Trustees of the Arkansas Teacher Retirement System approval shall be required to implement a resolution that has a direct financial impact to the system in excess of five thousand dollars ($5,000).
(c)
1. (1) The system’s staff and the member are strongly encouraged to engage in a good faith attempt to resolve claims informally based upon the proper application of the law, rules, and policies applicable to the system and to the specific facts of the member’s claim.
2. (2) A member’s claim shall not be resolved in a manner that contravenes the law, rules, and policies applicable to the system.
(d) If a claim is not resolved informally and a staff determination letter adverse to the member’s claim is issued to the member, the member may request a review of the staff determination by the executive director.
(e) The manifest injustice referral process shall not be used with regard to a member if the manifest injustice referral concerns the same questions of law and fact that are at issue in a claim concerning the member that is resolved through the staff determination and appeals process.