[Adopted 2-6-2012 by Ord. No. 11-010]
A. 
A benefit claimant shall be notified in writing, within 30 days of denial, in whole or part, of a claim for benefits. The notification shall give the reason for the denial. A claimant may request a formal rehearing on the denial. The rehearing shall be requested in writing, filed with the Secretary for the retirement system no later than 90 days after the denial. The request shall contain a statement of the claimant's reason for claiming the denial to be improper. The Board of Trustees shall rehear the matter within 60 days of receipt of the request. A final written decision on the matter being appealed shall be issued by the Board of Trustees. The decision shall include a summary of the findings of facts and an application of the ordinance provisions or other applicable law.
B. 
With respect to disability benefits, if the Board of Trustees, the City, member, beneficiary or any other person claiming benefits hereunder shall disagree with the medical authority's medical finding, the Board of Trustees, on its own motion, may, or on petition of the City, the member, beneficiary or other person claiming benefits hereunder, shall refer the matter in dispute to a third physician appointed by the medical authority and the member's physician. Such third physician shall promptly examine the medical findings in dispute and shall within 60 days from his/her appointment file with the Board of Trustees a written report of his/her findings, which shall be final and binding as to the medical findings. The retirement system will pay for the reasonable expenses of the medical examination as completed by the third physician appointed by the medical authority and the member's physician.
C. 
Appeals from a final decision of the Board of Trustees shall be to the circuit court and initiated by filing for review in the circuit court as required by law within 30 days after the Board of Trustees has issued its final decision. The review of the court shall be restricted to the record made before the Board of Trustees, and the court shall not permit the introduction of new evidence on any of the issues presented before the Board of Trustees. The decision of the Board of Trustees shall be upheld by the court unless the court finds the decision of the Board of Trustees to be unlawful, arbitrary or capricious, or not supported by substantial evidence on the entire record as submitted by the Board of Trustees.
[Added 3-7-2022 by Ord. No. 22-001]
With respect to an employee who currently is covered and subject to the alternative retirement benefit provisions of § 127-48 of the retirement system (a "hybrid member") and is in benefit group general nonunion or in a union benefit group and its collective bargaining agreement expressly provides for this option, he or she may voluntarily opt out of the retirement system and join the Employer's Defined Contribution Retirement Plan (DC Plan) (such members shall be referred to as the "electing hybrid members"). This option is a one-time, irrevocable election during a specified window period established by the City during which the electing hybrid member may voluntarily exercise such option by completing an election and waiver form and returning it to the Human Resources Department by the deadline established by the City. Subject to Subsections A and B below, an electing hybrid member who voluntarily exercises this one-time irrevocable option to join the DC Plan shall irrevocably cease to be a member of the retirement system and shall not accrue any additional benefits under the retirement system beginning on and after January 1, 2022 (the "election effective date"). An electing hybrid member shall become a participant under the Employer's DC Plan as of the election effective date and become subject to the terms of such plan. The following rules shall apply to electing hybrid members:
A. 
Vested member. With respect to an electing hybrid member who has three or more years of credited service under the retirement system as of the election effective date, he or she shall either, as elected by such electing hybrid member in the election and waiver form, have a frozen benefit under the retirement system as described in Subsection A(1), or a converted benefit under the DC Plan as described in Subsection A(2) as follows:
(1) 
A frozen accrued benefit under the retirement system that will be computed based on the electing hybrid member's years of credited service, final average compensation, the benefit multiplier percentage or other relevant factors in effect as of the election effective date. The payment of such frozen accrued benefit to the electing hybrid member shall be subject to all provisions under the retirement system.
(2) 
An amount equal to 150% of the electing hybrid member's balance of accumulated contributions (including accumulated interest credits) under the retirement system automatically shall be transferred from the retirement system to the DC Plan through a direct plan-to-plan transfer. Such electing hybrid member shall voluntarily forfeit all past, present and future rights to any benefit or accruals from the retirement system and shall not thereafter resume membership under the retirement system under any circumstances.
B. 
Unvested member. With respect to an electing hybrid member who has less than three years of credited service under the retirement system as of the election effective date, such electing hybrid member shall voluntarily forfeit all past, present and future rights to (including any right to become vested in) any benefit or accruals from the retirement system and shall not thereafter resume membership under the retirement system under any circumstances. Such an electing hybrid member shall have 150% of his or her accumulated contributions (including accumulated interest credits) under the retirement system automatically transferred from the retirement system to the DC Plan through a direct plan-to-plan transfer. If a hybrid member does not timely exercise this one-time, irrevocable option, he or she i) shall remain a hybrid member of the retirement system, ii) continue to accrue additional benefits under and in accordance with the terms of the retirement system, and iii) generally shall not be eligible to participate in the DC Plan, except as otherwise permitted under the terms of such DC Plan.