Appeals
Who has the Right to Appeal to the Contributory Retirement Appeal Board (CRAB) and When Must an Appeal be Filed?
Any person who is aggrieved by a decision of a retirement board or the Public Employee Retirement Administration Commission (PERAC) or by the failure of a board or PERAC to take action may appeal to the CRAB. In some limited cases, the right of appeal lies with the district court.
Appeals to CRAB must be filed within 15 days of the date that the Board or PERAC acted, or within 20 days of the date they were supposed to act.
Who are the Members of CRAB?
The board consists of three members, an Assistant Attorney General, who acts as the chairman; a designee of PERAC; and a person appointed by the Governor. If the matter being considered by CRAB concerns a disability retirement, the Commissioner of Public Health or his designee substitutes for PERAC's designee.
How Does This Appeals Process Work?
Within a period of not less than 10 days or more than 60 days after the appeal is filed, CRAB must assign the matter to an Administrative Magistrate from the Division of Administrative Law Appeals (DALA). The Administrative Magistrate then conducts a hearing and issues a written decision that shall become final and binding upon the board and all other parties. This DALA decision shall be complied with unless, within 15 days, either party files a written objection to CRAB or CRAB orders in writing that it will review the decision of the Administrative Magistrate and take action it deems appropriate. CRAB's final decision may be appealed to the Superior Court.
| Date published: | July 1, 2015 |
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