Agenda - Council - 05/24/2022 - Laserfiche WebLink

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ARTICLE XV Procedure for Review Section 1. In the event that the Board of Trustees denies an application for a service or ancillary pension benefit, the member shall be entitled to the right to appeal the determination. Section 2. If an application is not approved, the Board shall return the application to the applicant within thirty (30) days, noting thereon, with particularity, which requirements the applicant does not meet. Thereafter, the applicant shall be furnished with the opportunity to be heard by the full Board, on the question of whether the applicant meets all of the eligibility requirements. The member shall indicate that the member intends to appeal by furnishing the Board with a written intent to appeal that is filed with the Secretary of the Association within thirty (30) days of receiving an adverse determination. The intent to appeal shall be certified by the member. Section 3. Upon receipt of the written intent to appeal, the Board of Trustees shall hold a special meeting within sixty (60) days or receipt of the written intent to appeal. Timely notice of the meeting shall be given to the member at least fifteen (15) days prior to the special meeting. The member shall have the reasonable opportunity to be heard by the Board of Trustees at the special meeting with regard to the negative determination. The Board reserves the right to engage the services of an arbitrator or mediator, acceptable to both parties, at any time during the appeal. The mediator or arbitrator shall be selected from professional lists including the Rule 114 Supreme Court Roster. The cost of the mediator or arbitrator shall be split evenly between the parties. ARTICLE XVI Limits on Benefits Section 1. Qualified Domestic Relations Order (QDRO). A qualified domestic relations order shall be accepted by the plan administrator if in compliance with state and federal law. No benefits shall be paid under a domestic relations order which requires the plan to provide any type or form of benefit, or any option, not otherwise provided under the plan or under state law. A QDRO must be provided to the Secretary of the Board with any request for distribution before a distribution determination can be made. Section 2. Non-Assignability of benefits. Benefits paid or payable from the Special Fund are not subject to garnishment,judgment, execution, or other legal process, except as provided in Minn. Stat. §§ 518.58; 518.581; or 518A.53. Benefits paid or payable may not be assigned for any purpose. 19 Effective Date:{DATE}