Appeals
- Who has the right to appeal to CRAB and when must an appeal be filed?
Any person who is aggrieved by a decision of a retirement board or PERAC, or by the failure of a retirement board or PERAC to take action, may appeal to CRAB. In some cases, appeal lies with the district court or the Superior Court this is discussed more fully below.
Time Frame for Appeals
Appeals to CRAB must be filed within 15 days of notification of a retirement board or PERAC action.
If Chapter 32 does not specify a time within which a board or PERAC is required to act, an appeal of a failure to act must be filed within 15 days after the end of one month following the date that a written request to act was filed with the board or with PERAC. - 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
- 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, will substitute for PERAC's designee.
- How does this appeal 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. The Administrative Magistrate will conduct a hearing and issue a written decision that shall become final and binding upon the board and all other parties 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. CRAB's final decision may be appealed to the Superior Court. - If I am awaiting a decision from CRAB about disability, may I take a retirement allowance for which I am qualified?
You are permitted to take a superannuation retirement allowance (if otherwise eligible) pending a ruling by CRAB pertaining to your accidental or ordinary disability retirement allowance. You are permitted to take an ordinary disability retirement allowance (if otherwise eligible) pending a ruling by CRAB pertaining to your accidental disability retirement allowance. Your acceptance of an allowance will not prejudice your case for receipt of further benefits. - Is there another avenue of appeal available?
District Court
If you are a member of Group 1, Group 2, or Group 4 who has attained age 55 and who has completed 15 or more years of creditable service, or if you haven't attained age 55 but have completed 20 or more years of creditable service, or if you are a veteran and have completed ten or more years of creditable service, you may petition the district court for review of certain decisions involving involuntary retirement. Any member may petition the District Court for review in cases involving dereliction of duty.
However, in cases where a member has fully cooperated with the processing of an involuntary retirement application, CRAB has held that such cooperation effectively transforms the application from one of an involuntary nature to a voluntary one. In such circumstances, CRAB has held that it still has jurisdiction to hear the appeal.
| Date published: | July 1, 2015 |
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