South Carolina Code 9-21-50. Claims concerning administrative decisions; time for filing; contents; procedure for resolution; retroactive benefits; final decisions adverse to claimant
(B) The written claim must set forth:
Terms Used In South Carolina Code 9-21-50
- Administrative Law Court: means the Administrative Law Court created pursuant to § 1-23-500. See South Carolina Code 9-21-20
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
- beneficiary: means a person designated by a participant in the South Carolina Retirement System, the South Carolina Police Officers System, the Retirement System for Members of the General Assembly, the Retirement System for Judges and Solicitors, or the State Optional Retirement Program, to receive a benefit from the retirement systems or a person claiming the status and entitlements of a "member's designated beneficiary". See South Carolina Code 9-21-20
- Board: means the Board of Directors of the South Carolina Public Employee Benefit Authority. See South Carolina Code 9-21-20
- Claimant: means a member or a member's designated beneficiary who has filed a claim pursuant to this chapter. See South Carolina Code 9-21-20
- Director: means the Director of the South Carolina Retirement System, the South Carolina Police Officers System, the Retirement System for Members of the General Assembly, the Retirement System for Judges and Solicitors, and the National Guard Retirement System. See South Carolina Code 9-21-20
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Member: means a participant in the South Carolina Retirement System, the South Carolina Police Officers System, the Retirement System for Members of the General Assembly, the Retirement System for Judges and Solicitors, the State Optional Retirement Program, the National Guard Retirement System, or a person claiming the status and entitlements of a "member". See South Carolina Code 9-21-20
- retirement systems: means the division of the board administering the South Carolina Retirement System, the South Carolina Police Officers System, the Retirement System for Members of the General Assembly, the Retirement System for Judges and Solicitors, the State Optional Retirement Program, or the National Guard Retirement System. See South Carolina Code 9-21-20
(1) the name, address, and social security number of the member; and if brought by the member’s designated beneficiary, the name and social security number of the beneficiary;
(2) the basis of the claimant‘s dispute with the retirement systems;
(3) a statement of facts supporting the claimant’s position;
(4) a statement outlining the reasons for the claim, including any law or authority upon which the claimant relies; and
(5) any other relevant information that the retirement systems may reasonably prescribe.
(C) The retirement systems must resolve a claim filed pursuant to this chapter in accordance with the procedures established by the board. These procedures for review of claims must be adopted by the board in public session and made available to members. These procedures for dispute resolution adopted by the board must include and provide for an opportunity for the claimant to present the claim either in writing or in a conference, or both, before the issuance of a final agency determination. In addition, the procedures must provide for informing the claimant of the evidence or information that was relied upon by the retirement systems in making its final decision. Notwithstanding any other provision of law, the procedures established by the board are not governed by either Article 1 or 3 of Chapter 23 of Title 1.
(D) A claimant is not entitled to receive retroactive retirement benefits or any other monetary relief for a period that exceeds one year from the date of the filing of the claim under this chapter.
(E) The retirement systems must make a determination concerning the claim at the conclusion of the internal agency process.
(F) A retirement system’s final decision that is adverse to the claimant must be in writing and must:
(1) be sent by mail to the address provided the retirement systems by the claimant or delivered to the claimant;
(2) explain the basis of the retirement systems’ decision; and
(3) inform the claimant of the claimant’s right to file an appeal with the Administrative Law Court.