- (a) With the member’s written consent or, if applicable, the written consent of the member’s counsel, the Executive Director of the Arkansas Teacher Retirement System may suspend his or her review of a member’s claim being considered under this subpart concerning the staff determination and appeal process if the member’s claim may be more expediently resolved using the manifest injustice process.
(b)
- (1) The executive director is authorized to implement a resolution of a manifest injustice after a determination is made that a manifest injustice exists using this subpart concerning the manifest injustice process.
(2)
- (A) The executive director may implement a resolution of a manifest injustice of up to five thousand dollars ($5,000) of direct financial impact to the Arkansas Teacher Retirement System.
- (B) The executive director shall provide the chair of the Board of Trustees of the Arkansas Teacher Retirement System with written notice of a manifest injustice determination and the proposed resolution before implementing the resolution if a resolution has a direct financial impact on the system in an amount exceeding five thousand dollars ($5,000).
(c)
- (1) The executive director shall not waive a deadline that may apply in the law or rules applicable to the system.
- (2) Only the board may waive a deadline.
(d)
(1) The executive director shall provide a report to the board at least biannually that:
- (A) Outlines the facts and circumstances of each manifest injustice referral;
- (B) Describes findings and recommendations of the Manifest Injustice Committee; and
- (C) Provides and explains the resolution of the manifest injustice referral if a manifest injustice is found.
- (2) The names of members or other information that is not material to the findings shall not be required in the report to the board.