ASRS Member Appeal Information
ASRS members have the right to appeal determinations made by the ASRS with respect to their personal business with the agency.
The ASRS follows the state’s Uniform Administrative Hearing Procedures in accordance with Arizona Revised Statutes §§ 41-1092 et seq. and Arizona Administrative Code Title 2, Chapter 8, Article 4.
The process is outlined below:
Step 1: Members are directed to write a letter of appeal to the ASRS Member Services Division - Assistant Director. The issue is researched by ASRS staff and a written response is prepared and reviewed by the Assistant Director, generally within 10 business days. The determination is mailed to the member via certified mail under the Assistant Director’s signature.
Step 2: If the member continues to disagree, the next step is to write an appeal letter to the ASRS Deputy Director. The member may bypass the Assistant Director level appeal and initially write to the Deputy Director. The issue is researched by ASRS staff to ensure the determination complies with applicable Arizona Revised Statutes and Arizona Administrative Code rules, if appropriate, and a written response is prepared and reviewed by the Deputy Director, generally within 10 business days.
All responses are reviewed by the Assistant Director of Member Services and the Deputy Director. Responses are mailed via certified mail under the Deputy Director’s signature.
Step 3: Members disagreeing with a Deputy Director level determination have 30 days to appeal to the ASRS Board of Trustees' Appeals Committe. Upon an appeal to the Appeals Committee, and prior to the Appeals Committee review of the case, an appealing member may request an informal settlement conference, which will include an ASRS representative, an Assistant Attorney General for the ASRS, the member, and, if requested, the legal representative of the member. Scheduling an informal settlement conference does not mean that a settlement will occur. It is an opportunity for the member to present his or her case to the ASRS representative if the member believes such an effort will clarify any of the issues affecting the heretofore unfavorable decision.
Step 4: If no resolution is achieved at the settlement conference or prior to the scheduled hearing, both the ASRS and member proceed to the Office of Administrative Hearings to present the case to an Administrative Law Judge. Subsequent to a scheduled hearing, the Administrative Law Judge has 20 days to render a Recommended Decision to the ASRS.
Step 5: The Recommended Decision is then remanded for review and final decision to a committee of the ASRS Board of Directors, named the Appeals Committee. At an Appeals Committee meeting, the Committee may accept, reject, or modify the Administrative Law Judge’s Recommended Decision. In order to modify or reject a recommendation, a finding of an error in fact or law must be found.
The member has the right to attend the public Appeals Committee meeting, but it is the Chairman’s discretion to permit the ASRS and the member to address the Committee on the appeal.
Step 6: If the member disagrees with the Appeal Committee's acceptance, rejection or modification of the Recommended Decision, the member has the right to file judicial review action in Maricopa County Superior Court pursuant to A.R.S. §§ 12-901 et seq.
The member must prove that the ASRS decision is not supported by substantial evidence, is contrary to law, is arbitrary and capricious or is an abuse of discretion.
To Send an Appeal
Arizona State Retirement System
P.O. Box 33910
Phoenix, AZ 85067-3910