(a)

1. (1) If the staff of the Arkansas Teacher Retirement System makes a determination that is adverse to a member’s claim, the system shall send a staff determination letter to the member if the claim involves:

   1. (A) An ambiguity in the interpretation of the specific facts of the member’s claim that would impact the manner in which the law, rules, or policy applicable to the system are applied to the member’s claim;
   2. (B) An ambiguity in the interpretation of the law, rules, or policy applicable to the system; or
   3. (C) An ambiguity concerning the proper application of the law, rules, or policy applicable to the system to the specific facts of the member’s claim.
2. (2) A staff determination letter shall not be issued to a member unless the staff determination letter has been reviewed and approved by an attorney for the system.

(b) A staff determination letter that is issued to a member shall:

1. (1) Advise the member of the determination and the reasons for the determination;
2. (2) Advise the member of the procedure for requesting a review of the staff determination by the Executive Director of the Arkansas Teacher Retirement System;
3. (3) Advise the member of the deadline to request a review by the executive director; and
4. (4) Not include findings of fact and conclusions of law, separately stated.