Additional Plan Information statutory, meaning INPRS does not have the discretion to act outside of the law in granting a benefit that federal and/or state law does not permit. 10.5.2 Administrative Law Judge If you disagree with the initial determination explained in the above section and wish to further challenge, you may bring the matter before an Administrative Law Judge (ALJ). To initiate this process, you must file a petition for review with the INPRS Executive Director. To initiate this process, you must file a petition for using the form available from the Your Right to Administrative Review page on the INPRS website. These are the available forms and instructions: 1. Complete Member Petition for Administrative Review of Staff Action or Determination 2. Petition for Review by ALJ 3. General outline for ALJ review Complete and return the form (Step 1 or Step 2) to INPRS at AdministrativeReviews@INPRS.in.gov or the address provided on the form. It is recommended that you retain copies of the submitted documents for your records. The petition for review: • Must meet the statutory requirements set forth in IC 4-21.5-3-7(a); AND • Must be filed within 15 days after you have received the written notice of the INPRS initial determination letter. (IC 4-21.5-3-7(a)). If your petition for review meets the statutory requirements, INPRS will arrange for an administrative hearing of your case, which is similar to a trial in a lawsuit, but is conducted in less formal manner (IC 4- 21.5-3-25(b)). You may be represented by counsel, but there is no requirement that you obtain representation. INPRS is not responsible for costs associated with your representation. The ALJ who conducts the review will consider the evidence concerning the administrative action/decision. For a detailed outline of the ALJ review process, see the General Outline for Administrative Law Judge (ALJ) Review available on the INPRS website. At the conclusion of the administrative hearing process, the ALJ will issue a Finding of Facts and Conclusions of Law and written order concerning the action or decision that you are challenging (IC 4-21.5- 3-27). The ALJ’s order is then subject to review by the INPRS Executive Director. On behalf of the Board of Trustees, the Executive Director will issue a final order that affirms, modifies, or dissolves the ALJ’s order (IC 4-21.5-3-29(b)). 10.5.3 Judicial Review If you are still in disagreement at the conclusion of the administrative review, you may seek judicial review within 30 days of receipt of the final order (IC 4-21.5-5). A reviewing court will examine only those disputed issues of fact that appear in the agency record of the appeal. The trial court may not retry the appeal or substitute its judgment for that of agency (IC 4-21.5-5-11). See the Administrative Review Regulations available on the INPRS website for a list of all relevant IAC references. 10.6 Power of Attorney The fund honors requests and directions from a lawful holder of a Power of Attorney document for you. This individual is known as the attorney-in-fact. The Power of Attorney must grant the attorney-in-fact the TRF My Choice: Retirement Savings Plan Member Page 28 of 30 Handbook Effective: 07/01/2024
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