(a)

1. (1) The Executive Director of the Arkansas Teacher Retirement System shall review the manifest injustice referral and the Manifest Injustice Committee's basis for the recommendation.

2. (2)

   1. (A) The executive director may request that a party to the manifest injustice referral provide information or input concerning the manifest injustice referral.
   2. (B) A party to the manifest injustice referral is not required to provide any information or input requested by the executive director.

(b)

1. (1) The executive director may either accept the committee’s recommendation or return the manifest injustice referral to the committee for further consideration if the executive director disagrees with the committee’s recommendation.

2. (2)

   1. (A) The manifest injustice referral shall be considered reviewed and closed if:

(i) The committee recommends that a manifest injustice exists; and

1. (ii) The executive director accepts the recommendation.

   1. (B) If the committee recommends that a manifest injustice exists and the executive director accepts the recommendation, the executive director may either adopt the resolution suggested by the committee or an alternative resolution that the executive director is authorized to implement.
   2. (C) A committee’s recommendation that is accepted by the executive director and finds that a manifest injustice exists is not appealable under the rules concerning the staff determination appeal process or the Arkansas Administrative Procedure Act, Arkansas Code § 25-15-201 et seq.

2. (3)

   1. (A) The manifest injustice referral shall be considered reviewed and closed if:

      1. (i) The committee recommends that a manifest injustice does not exist;
      2. (ii) The executive director accepts the recommendation; and
      3. (iii) The recommendation is not appealed to the Board of Trustees of the Arkansas Teacher Retirement System using this subpart concerning the staff determination appeal process.

   2. (B)

      1. (i) A committee’s recommendation that is accepted by the executive director and finds that a manifest injustice does not exist may be appealed to the board using this subpart concerning the staff determination appeal process if the manifest injustice referral involves:

(b) (b) An ambiguity in the interpretation of the law, rules, or policy applicable to the system; or

1. (c) (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.

   1. (ii) A board member or staff member of the system shall not be permitted to appeal a committee’s recommendation that is accepted by the executive director.

      1. (iii) A committee’s written recommendation shall not be considered a final decision or order of the system that may be appealed under the Arkansas Administrative Procedure Act.

2. (4)

   1. (A) If a manifest injustice referral is returned to the committee by the executive director, the committee shall reconsider the manifest injustice referral and take into consideration any addition information provided by the executive director.
   2. (B) The committee may maintain or amend its original recommendation after reconsidering a manifest injustice referral that is returned by the executive director.

   3. (C)

      1. (i) If the committee maintains its original recommendation and the executive director does not accept the recommendation, the executive director may include the manifest injustice referral as an action item on the agenda of the board’s next scheduled meeting for consideration and resolution by the board.
      2. (ii) If the manifest injustice referral was submitted by a person or entity who is not a board member or staff member of the system, the system shall send the person or entity written notice that:

(b) (b) Advises the person or entity that the person or entity may present arguments to the board concerning the manifest injustice referral;

1. (c) (c) Advises the person or entity that the system will send the person or entity a written final order of the board after the board meeting; and

   1. (d) (d) Advises that the board’s final order shall be a final decision or order of the system that may be appealed by the person or entity under the Arkansas Administrative Procedure Act.
   2. (D) If the board finds that a manifest injustice does exist, the board may implement a resolution suggested by the system’s staff or an alternative resolution.
   3. (E) A final order of the board concerning a manifest injustice referral shall be considered the final decision or order of the system that may be appealed under the Arkansas Administrative Procedure Act.