Appeal Process

PURPOSE: This rule establishes formal procedures for appeals to the board of trustees. (1) Members, beneficiaries, survivors, retirees and school districts may request review by the board of trustees of decisions by the executive director, or his/her designee, concerning eligibility for and the amount of benefits, service, contributions, refunds and membership. All requests for review will be handled according to this rule for both The Public School Retirement System of Missouri and The Public Education Employee Retirement System of Missouri. (2) Requests. (A) The request for review must be stated in writing, addressed to the executive director or the board of trustees. The request must state what decision the board of trustees is being asked to review, and what action the board is being asked to take. (B) The request must be made within one hundred twenty (120) days after the administrative decision has been mailed or otherwise communicated to the party making the request for review. (3) The review will be held at the next regularly scheduled board meeting that is at least thirty (30) days after the request for review is received. The party requesting review (the appellant) will be notified in writing of the date the board will conduct the review. (4) Staff will prepare background material for the board, which will include documentation necessary for the board to review the decision, and at a minimum will include copies of correspondence, applicable statutes and regulations, and a summary of the issues and decision of the executive director or his/her designee. The background material will be supplied to the appellant at the same time it is provided to the board. Any requirements of law prohibiting reproduction or distribution of material will be observed. (5) Reviews. (A) Reviews will be held on an informal basis, and no formal rules of evidence will be applied. (B) The appellant may present additional documentation and testimony for the board to consider. Attendance by the appellant is not required, however, and the appellant may submit the additional information without being present at the meeting. (C) The appellant should provide any documentation at least one (1) week before the meeting, so it can be distributed to the board before the meeting. (6) The appellant may have another individual make the presentation, or assist in making the presentation, of information to the board. The appellant also may have additional witnesses at the board meeting, who can provide information to the board. (7) Presentation of requests for review and of the information provided in connection with those requests will be conducted in closed session and all records related to the request for review will be maintained as closed records to preserve confidentiality of member information. (8) After consideration of the background material and the appellant’s information, the board will vote to confirm, reverse, or amend the administrative decision. Deliberations and voting will occur after the appellant and any representatives or witnesses have left the meeting, and while the board is still in closed session. Normally the vote will occur at the same meeting as the request is initially presented to the board, but the board may request additional information, or may require additional time to review information presented at the meeting. In those instances, the board will make its decision at the next regularly scheduled board meeting. (9) The decision of the board will be communicated to the appellant in writing, by the executive director. The notice of the decision will contain a statement of the decision and a brief explanation of the reasons for the decision. Decisions will be communicated in the manner required by section 169.020.15, RSMo, and will contain a statement that any appeal to the circuit court must be made within thirty (30) days after notification of the board’s determination. AUTHORITY: section 169.020, RSMo Supp. 2005.* Original rule filed Dec. 29, 1994, effective June 30, 1995. Amended: Filed July 31, 1995, effective Feb. 25, 1996. Amended: Filed Sept. 1, 2005, effective Feb. 28, 2006. *Original authority: 169.020, RSMo 1945, amended 1951, 1953, 1967, 1973, 1983, 1990, 1995, 1996, 1998, 2005.