If you have standing as a party or a right to intervention and are dissatisfied with action taken by the staff of the Indiana Public Retirement System (INPRS), you may request administrative review under the Administrative Orders and Procedures Act. (IC 4-21.5). The steps of administrative review are as follows:
Initial Determination/Amended Initial Determination
If you are dissatisfied with an action or determination taken by INPRS staff, you should request administrative review in a letter that states the basis of your dissatisfaction and includes sufficient facts to form the basis of your request. You may attach copies of any supporting documents to the letter. The letter should be addressed to:
Indiana Public Retirement System
Attn: Administrative Review
One North Capitol, Suite 001
Indianapolis, Indiana 46204
Upon receiving your request, INPRS’ Legal Department will conduct an evaluation of your case and issue an initial determination letter and/or an amended determination letter to you. Please keep in mind that many INPRS procedures are statutory and INPRS does not have the discretion to act outside of the law in granting an outcome or benefit that federal and/or state law do not provide.
Administrative Law Judge
Should you wish to challenge INPRS’ Legal Department’s initial or amended determination, you may appeal and bring the matter before an administrative law judge (“ALJ”). To appeal the initial or amended initial determination, you must file a petition for review with INPRS’ Legal Department at the address provided above. The petition for review:
- Must state facts demonstrating that you are: 1) a person to whom the initial or amended determination is specifically directed, 2) aggrieved or adversely affected by the order, and 3) entitled to review under any law (IC 4-21.5-3-7(a)(1)); and
- Must be filed with INPRS within 15 days after you have received written notice of INPRS’ Legal Department’s initial or amended determination. (IC 4-21.5-3-7(a)(3)(A)).
If your petition for review meets the statutory requirements, it will be granted, and INPRS’ Legal Department will arrange for an ALJ to review your case. The ALJ will notify you by written correspondence of the date and location of any conferences or hearings related to the appeal.
An appeal is similar to a trial in a lawsuit, but it may be conducted in a more informal manner. (IC 4-21.5-3-25(b)). You may be represented by counsel, but there is no requirement that you obtain representation. The ALJ who conducts the review will consider the evidence concerning the staff action and decide whether INPRS has misinterpreted or misapplied the law and/or acted beyond the scope of its authority in your case.
Within 90 days after the conclusion of the administrative review process, the ALJ will issue a Findings of Fact, Conclusions of Law, and Recommended Order. (IC 4-21.5-3-27). The ALJ’s order is then subject to review by the INPRS Executive Director. On behalf of the Board of Trustees, the Executive Director will issue a final order that affirms, modifies, or dissolves the ALJ’s order. (IC 4-21.5-3-29(b)).
Judicial Review
If you remain dissatisfied at the conclusion of the administrative review process, you may appeal the decision of the ALJ and seek judicial review within 30 days of receipt of the final order. Judicial review of disputed issues of fact must be confined to the agency record. The trial court may not try the cause anew or substitute its judgment for that of the agency. (IC 4-21.5-5-11).
Every attempt has been made to verify that the information in this publication is correct and up-to-date. This is merely a guide and is not a substitute for, nor is it intended as legal advice. If a conflict arises between information contained in this publication and the law, the applicable law shall apply.