Vermont Statutes Title 24 Sec. 5056a
Terms Used In Vermont Statutes Title 24 Sec. 5056a
- 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.
- Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
- Board: means the Board of Trustees of the System provided for in section 5062 of this title to administer the System. See
- Retirement: means withdrawal from active service with a retirement allowance granted under the provisions of this chapter. See
- System: means the Municipal Employees' Retirement System of Vermont, as defined in section 5052 of this title. See
§ 5056a. Benefit denial; evidentiary hearing
(a) An applicant for disability retirement benefits under section 5056 of this title may file a request for an evidentiary hearing with the Retirement Board if the application for benefits is denied.
(b) The hearing shall be an appeal de novo and shall be conducted by a hearing officer designated by the Board and in conformance with rules adopted by the Board. Rules adopted by the Board shall be consistent with 3 V.S.A. § 809.
(c) The decision of the hearing officer shall constitute final administrative action.
(d) The Retirement System or the applicant may appeal a decision of the hearing officer to the Supreme Court pursuant to Rule 13 of the Vermont Rules of Appellate Procedure. (Added 2003, No. 38, § 7; amended 2005, No. 197 (Adj. Sess.), § 4.)