ASRS Member Appeal Information
A person or entity whose legal rights are impacted by a determination made by the ASRS has the right to appeal any such determination 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: Appellants 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, signed by the Assistant Director to confirm their decision, is mailed to the appellant via certified mail.
Step 2: If the appellant continues to disagree, the next step is to write an appeal letter to the ASRS Deputy Director. The appellant 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 of the agency. The determination, signed by the Deputy Director to confirm their decision, is mailed to the appellant via certified mail.
All responses are reviewed by the Assistant Director of Member Services and the Deputy Director.
Step 3: Appellants disagreeing with a Deputy Director level determination have 30 days to appeal to the ASRS Board of Trustees' Appeals Committee. Upon an appeal to the Appeals Committee, and prior to the Appeals Committee review of the case, the appellant may request an informal settlement conference, which will include an ASRS representative, an Assistant Attorney General for the ASRS, the appellant, and, if requested, the legal representative of the appellant. Scheduling an informal settlement conference does not mean that a settlement will occur. It is an opportunity for the appellant to present his or her case to the ASRS representative if the appellant believes such an effort will clarify any of the issues regarding the unfavorable decision..
Step 4: If no resolution is achieved at the settlement conference or prior to the scheduled hearing, both the ASRS and appellant 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 after the record closes to render a Recommended Decision to the ASRS.
Step 5: The Recommended Decision is then forwarded 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 Decision, the Committee must amend, modify or reject either a finding of fact or conclusion of law from the Decision..
The appellant has the right to attend the public Appeals Committee meeting, but it is the Chairman’s discretion to permit the ASRS and the appellant to address the Committee on the appeal.
Step 6: If the appellant disagrees with the Appeal Committee's acceptance, rejection or modification of the Recommended Decision, the appellant has the right to file judicial review action in Maricopa County Superior Court pursuant to A.R.S. §§ 12-901 et seq.
The appellant 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