Appeals Policy
Background
Any action taken by the Board in relation to a member of the retirement system, such as disability actions, may be appealed if the member believes that they have been adversely affected. As defined in the following County Code sections, members may appeal any adverse decisions:Process for Handling Appeals
- Any member adversely affected by a decision of the Board shall receive a notice of the decision and, within thirty (30) days of delivery, may request in writing a review of the decision by the Board. Such requests should be sent to the Retirement Systems office.
- The applicant will then be advised of the time when his appeal has been scheduled to be heard by the Board. At that time the member may make his/or her appeal directly or may have a representative, including legal counsel, speak for him or her (at his or her expense).
- The Board may be represented by legal counsel for the purpose of legal advice. Staff may be represented by legal counsel as an advocate for staff at the appeal. Counsel will not, however, serve in both capacities at the same time.
- The appeal will be conducted as follows:
- The chairman calls the meeting to order, verifies that a quorum is present, states the purpose of the appeal, and identifies the party (ies) present and turns the meeting over to the member and/or his/her counsel.
- The member and or his/her counsel presents to the Board their statement to include, but not be limited to, any additional medical evidence, statements, witnesses, if any, on behalf of the member. The member and/or his/her counsel makes a closing statement to the Board summarizing their justification for their case.
- The chairman asks the trustees if they have questions of the member. The member and or his/her counsel should respond to these questions to the best of their ability.
- The chairman asks the member if he/she has any additional information they would like to share with the Board at this time or at a future date. If additional information is to be provided at a future date, the Board may consider deferring action on the appeal until such information is provided in its entirety.
- The chairman asks the member if he or she has been given a reasonable and fair opportunity to present their case to the Board.
- The chairman thanks the member, witnesses (if any) and/or counsel for their time, excuses them and convenes executive session in accordance with the provisions of the Virginia Freedom of Information Act ("FOIA") for deliberation on the appeal.
- The Board reconvenes in public session and votes on the appeal. In the case of a denial, the Board shall state the reason(s) for its decision.
Written decision of the Board's action, including the reason for the Board's decision, is prepared by the Retirement Administrator for distribution to the member and/or his/her counsel within twenty-four (24) hours of the Board's decision.
The decision of the Board is final.