(a)
- (1) A member shall submit a request for a review of a staff determination by the Executive Director of the Arkansas Teacher Retirement System in writing.
- (2) A member shall not be required to resubmit any documents or information with his or her request for a review.
(b)
- (1) Unless an extension is granted by the Board of Trustees of the Arkansas Teacher Retirement System or the executive director, a member shall not be permitted to request a review of a staff determination by the executive director unless the member’s request is received by the Arkansas Teacher Retirement System within thirty (30) calendar days of the date of the staff determination letter.
- (2) If the last day to request a review of a staff determination by the executive director falls on an official state holiday or weekend, the member shall have until the next business day to request a review.
(c)
- (1) The executive director shall promptly send a letter to the member acknowledging the member's request for a review.
(2)
- (A) The member may submit for review by the executive director any additional relevant documents or information not previously submitted by the member to the system.
- (B) The member shall submit the additional documents and information to the executive director within thirty-five (35) calendar days of the date of the executive director’s acknowledgement letter.
(d)
- (1) Upon receiving a member’s request for a review of a staff determination, the executive director shall independently review the facts and the law, rules, and policy applicable to the member’s claim.
- (2) The executive director shall consider the staff determination as well as any relevant documents and information provided by the member.
- (3) The executive director may affirm, reverse, or modify the staff determination before a final determination on the member’s claim is made by the board.
(e)
- (1) The executive director shall send a review determination letter to the member within ninety (90) calendar days from the date on which the member’s request for a review was received by the system.
(2) A review determination letter shall:
- (A) Advise the member of the determination and the applicable law, rules, and policy used by the executive director to reach his or her determination;
- (B) Advise the member of the procedure for appealing the review determination letter to the board;
- (C) Advise the member of the deadline to appeal the review determination letter to the board; and
- (D) Not include findings of fact and conclusions of law, separately stated.
- (f) A review determination letter is not and shall not be construed as a final decision or order of the system that may be appealed under the Arkansas Administrative Procedure Act, Arkansas Code § 25-15-201 et seq.
- (g) The system shall consider a member’s claim as closed if the member does not appeal the executive director’s review determination within thirty (30) calendar days of the date of the review determination letter.