2005 Minnesota Statutes

     352.031 Appeals procedure. 

    Subdivision 1.    Definitions.  Unless the language or 
 context clearly indicates that a different meaning is intended, 
 for the purpose of this section, the following terms have the 
 meanings given them. 

    (a) "Board" means the board of directors of the Minnesota 
 State Retirement System. 

    (b) "Documentation" includes, but is not limited to: 

    (1) sworn and notarized affidavits made on the personal 
 knowledge of any person; 

    (2) official letters or documents; 

    (3) documents from the file of the petitioner; and 

    (4) other relevant documents that are admissible as 
 evidence in a court of law. 

    (c) "Executive director" means the executive director of 
 the Minnesota State Retirement System. 

    (d) "Person" includes any state agency or other 
 governmental unit that employs persons covered under statutes 
 listed in subdivision 2. 

    (e) "Record" means the petition and the documentation that 
 the petitioners submit with the petition; the executive 
 director's answer to the petition and documentation submitted 
 with it; and any documentation the board allows to be submitted 
 at or after the meeting at which the petition is considered. 

    Subd. 2.    Notice of termination or denial.  If the 
 executive director terminates a benefit or denies an application 
 or a written request of any person claiming a right under 
 chapter 352, other than sections 352.96 and 352.97; chapters 3A, 
 352B, 352C, and 352D; sections 490.121 to 490.133; or the 
 applicable sections of chapters 355 and 356, the executive 
 director shall serve upon that person written notice containing: 

    (1) the reasons for the termination or denial; 

    (2) notice that the person may petition the board for a 
 review of the termination or denial and that the petition for 
 review must be filed within 60 days of the receipt of the 
 written notice; 

    (3) a statement that relevant documentation submitted by 
 the petitioner to the executive director must be received in the 
 office of the Minnesota State Retirement System at least 30 days 
 before the meeting prescribed in subdivision 4; 

    (4) a statement that failure to petition the board within 
 60 days will preclude the person from contesting in any other 
 court procedure or administrative hearing, the issues determined 
 by the executive director; and 

    (5) a copy of this section. 

    Subd. 3.    Petition for review.  A person who claims a 
 right under subdivision 2 and whose benefit has been terminated 
 or whose application or written request has been denied may 
 petition for a review of that decision by the board.  A petition 
 under this section must be served upon the executive director 
 personally, or by mail postmarked no later than 60 days after 
 the petitioner received the notice required by subdivision 2.  
 The petition must include the sworn, notarized statement of the 
 reasons the petitioner believes the decision of the executive 
 director should be reversed or modified and may include relevant 
 documentation.  Relevant documentation submitted by the 
 petitioner to the executive director must be received in the 
 office of the Minnesota State Retirement System at least 30 days 
 before the meeting prescribed in subdivision 4. 

    Subd. 4.    Answer; record for hearing.  Within a 
 reasonable time after receiving a petition, the executive 
 director must serve the petitioner with an answer to the 
 petition with all relevant documentation and with notice of the 
 time and place of the regular or special board meeting at which 
 the board will consider the petition.  The documentation need 
 not duplicate the documentation submitted by the petitioner.  
 Not later than ten days before the board meeting at which the 
 petition will be heard, the executive director must, personally 
 or by mail, deliver a copy of the relevant documentation to each 
 board member.  Each board member who participates in the 
 decision on the petition must be familiar with all relevant 
 documentation. 

    Subd. 5.    Hearing.  The board shall hold a timely 
 hearing on a petition for review.  The board shall make its 
 decision on a petition solely on the relevant documentation as 
 submitted and the proceedings of the hearing.  At the hearing, 
 the petitioner, the petitioner's attorney, and the executive 
 director may state and discuss with the board their positions 
 with respect to the petition.  The board may allow further 
 documentation to be placed in the record at or subsequent to the 
 board meeting at which the petition is considered.  If the board 
 allows additional documentation into the record at or subsequent 
 to the board meeting, it may make a final determination on the 
 petition at that board meeting only upon the agreement of both 
 the petitioner and the executive director. 

    Subd. 5a.    Executive director's order.  
 Notwithstanding subdivisions 4 and 5, if the executive director 
 determines with respect to a petition that no relevant facts are 
 in dispute, the executive director shall inform the board of 
 that determination, and the board may issue findings of fact, a 
 decision, reasons for the decision, and a final order and serve 
 it upon the petitioner as provided in subdivision 8.  If a 
 petitioner receives an adverse decision, the petitioner may 
 appeal the board's final order under subdivision 9. 

    Subd. 6.    Termination of benefits.  If the executive 
 director proposes to terminate a benefit that is being paid to 
 any person, before terminating the benefit, the executive 
 director must, in addition to the other procedures prescribed 
 herein, give the person written or oral notice of the proposed 
 termination.  The notice must explain the reason for the 
 proposed termination.  The person must be given an opportunity, 
 verbally or in writing, to explain why the benefit should not be 
 terminated:  if the executive director is unable to contact the 
 person and the executive director determines that a failure to 
 terminate the benefit might result in unauthorized payment by 
 the association, the executive director may terminate the 
 benefit with only a written notice containing the information 
 required by subdivision 2, mailed to the address to which the 
 benefit was last sent and, if that address is a financial 
 institution, to the last known address of the person. 

    Subd. 7.    Medical adviser action.  If a person 
 petitions the board to reverse or modify a determination by the 
 executive director finding that the petitioner, for medical 
 reasons, does not or has ceased to qualify for a disability 
 benefit, the board may resubmit the matter to the medical 
 adviser for reconsideration, with or without instructions to 
 obtain further medical examinations.  The board may make a 
 determination contrary to the recommendation of the medical 
 adviser only if there is expert medical evidence in the record 
 to support its contrary decision.  If there is no medical 
 opinion contrary to the opinion of the medical adviser in the 
 record and the medical adviser asserts that the decision was 
 made in accordance with the disability standard in section 
 352.01, subdivision 17; 352B.10; or 490.121, subdivision 13, the 
 board must follow the determination of the medical adviser.  The 
 board may make a determination different from the recommendation 
 of the medical adviser on issues that do not involve a medical 
 opinion. 

    Subd. 8.    Board findings.  After the board has made a 
 decision on a petition, the executive director must prepare 
 findings of fact, the board's reasons for its conclusions, and 
 the board's final order for the signature of the chair or other 
 board member as the board, by resolution, may designate.  The 
 executive director shall serve the findings, conclusions, and 
 order on the petitioner by certified mail. 

    Subd. 9.    Appeals.  Within 30 days of receipt of the 
 findings, conclusions, and final order, the petitioner may 
 appeal the board's decision by writ of certiorari to the Court 
 of Appeals.  Failure to appeal to that court within the 30 days 
 precludes the petitioner from later raising, in any court 
 procedure or administrative hearing, those substantive and 
 procedural issues that reasonably should have been raised upon 
 appeal. 

    Subd. 10.    Referral for administrative hearing.  
 Notwithstanding sections 14.03; 14.06; and 14.57 to 14.69, a 
 challenge to a determination of the executive director must be 
 conducted exclusively under the procedures in this section.  The 
 board in its sole discretion may refer a petition brought under 
 this section to the Office of Administrative Hearings for a 
 contested case hearing under sections 14.57 to 14.69. 

    Subd. 11.    Petitions without notice.  A person who is 
 not entitled to a review under this section may nevertheless 
 receive review of the decision of the executive director which 
 affects the person's rights by petitioning the board under this 
 section within 60 days of the time the person knew or should 
 have known of the disputed decision. 

    HIST: 1989 c 319 art 1 s 5; 1990 c 570 art 12 s 3-5