Ga. Comp. R. & Regs. R. 513-1-1-.04 - Procedure for Processing Involuntary Separation Retirement Applications by Board of Trustees in Cases Other Than Discretionary Terminations

(1) Upon receipt of an Application for Involuntary Separation Retirement Benefits, and after the Employees' Retirement System (ERS) determines that the member has sufficient service to make such application, ERS will secure an affidavit from the department and the member providing full details regarding the circumstances surrounding the termination. ERS will also secure a copy of the separation notice issued by the department, as well as any other pertinent information from the department and the member.

(2) ERS will prepare an estimate of retirement benefits which would be payable to the member.

(3) ERS will determine if the employee was terminated from a nonclassified position or from a classified position covered by the State Merit System. If the employee had been in a classified position and filed an appeal from the termination, the application will not be placed on the agenda until that appeal has been finally resolved. If no appeal has been filed within the required time limitations established by the State Merit System, consideration of the application will proceed.

(4) ERS will make an initial administration decision as to whether referral of the application to a qualified investigator is appropriate. ERS will receive advice from legal counsel before making this administrative decision.

(5) The application can be referred to an investigator at this stage if such an administrative decision is made. If the decision is made not to refer the application to an investigator, the case will be presented to the Board. If a decision to refer the case to an investigator is made, the investigator will take whatever steps are necessary to fully investigate the facts of the applicant's termination and application, which steps may include, but are not limited to the following:

(a) Contact appropriate officials of the member's department to ascertain the facts of the separation/release.

(b) Contact the member to ascertain his/her understanding of the facts.

(c) Contact any other persons who may provide additional information.

(d) Summarize the findings and transmit a written report to the ERS Director/Executive Secretary for distribution to the Board of Trustees. No recommendation is to be made. Report shall merely state the accumulated information.

(6) All documentation necessary for consideration of an Involuntary Separation Retirement Benefits Application, along with the findings of the investigator in cases which are investigated, shall be furnished to the full Board for decision on the application. In cases where an administrative decision was made not to refer an application to the investigator,the Board has the right to refer such a case for investigation.

(7) The Board of Trustees can grant, deny, defer, or take any other action on any application as it may deem appropriate and proper.

Notes

Ga. Comp. R. & Regs. R. 513-1-1-.04

O.C.G.A. Sec. 47-2-20.

Original Rule entitled "Procedure for Processing Involuntary Separation Retirement Applications by Board of Trustees in cases Other Than Discretionary Terminations" was filed on April 19, 1986; effective May 8, 1986.