Petition for review
A petition for review must be sent to the Executive Director by mail and must be postmarked no later than 60 days after receipt of the written notification by the pension plan. The petition must include your statement of the reason or reasons that you believe the decision of the Executive Director should be reversed or modified. Your petition may include relevant documentation.
The Executive Director may direct that you participate in a fact-finding session conducted by an administrative law judge assigned by the Office of Administrative Hearings, and as applicable, participate in a vocational assessment conducted by a qualified rehabilitation counselor.
The Executive Director must schedule a timely review of the petition before the governing board and must provide the petitioner with a copy of all relevant documents, evidence summaries, and recommendations to be considered by the governing board, not less than 30 days before the scheduled hearing date. All relevant documentation submitted by the petitioner must be received by the Executive Director at least 15 days before the hearing date. Any additional document, affidavit, or other relevant information that the petitioner wishes to submit after that time may be admitted with the consent of the governing board.
The governing board shall hold a timely hearing on a petition for review as part of a regularly scheduled board meeting. A motion by a board member, supported by a summary of the relevant facts, conclusions and reasons, as properly amended and approved by a majority of the governing board, constitutes the board’s final decision. A verbatim statement of the board’s final decision must be served upon the petitioner.
If the decision is contrary to the petitioner’s desired outcome, the notice shall inform the petitioner of the appeal rights. If a petitioner who received timely notice of a scheduled hearing fails to appear, the governing board may nevertheless hear the petition and issue a decision. The TRA Board of Trustees, in its sole discretion, may also refer a petition to the Office of Administrative Hearings for a contested case hearing under Minnesota Statutes 14.57 to 14.69.
Appeal of the governing board’s decision; judicial review
Within 60 days of the date of the mailing of the notice of the governing board’s decision, the petitioner may appeal the decision by filing a writ of certiorari with the Court of Appeals under Section 606.01 and Rule 115 of the Minnesota Rules of Civil Appellate Procedure. Failure by a person to appeal to the Court of Appeals within the 60-day period precludes the person from later raising, in any subsequent administrative hearing or court proceeding, those substantive and procedural issues that reasonably should have been raised upon a timely appeal.