Any participant or beneficiary under the Plan affected by an adverse determination by the Plan, including any denial, reduction or recission of benefits, may file an appeal in writing within thirty (30) days after notice by the Plan to the individual of such determination.

The appeal shall be sent to the Plan (or its counsel) at the address provided in the notice which denied, reduced or rescinded their benefits, or if such address is not provided, to the address of: The appeal must state:

1. a preliminary statement of relevant facts,
2. an argument concerning why the Plan's determination to deny, reduce or rescind benefits was incorrect, containing documentation supporting such argument, and
3. the appellant’s alternative calculation of the benefits they believe they are entitled to.

In the event that the appellant is contesting the forfeiture of benefits due to a felony conviction, such appeal must provide appropriate records supporting either (x) that the appellant was not convicted of the applicable felony, or (y) the felony conviction did not relate to or arise out of or in connection with service as an employee of the Authority.

Upon receipt of the appeal, the Executive Director will, within thirty (30) days:

1. grant appellant's request for relief as stated in the appeal, or
2. reject review of the appeal if the appellant has not stated and substantiated any grounds with documentary evidence on which the benefits could be granted or restored.

The Executive Director will provide notice to appellant with respect to this decision. The appellant shall have sixty (60) days to further appeal to the Plan’s Board of Trustees.

Upon notice of the request for an appeal to the Plan’s Board of Trustees, all documents and correspondence previously submitted by the appellant, the Plan and the Executive Director shall be transmitted to the Board of Trustees. During the 60-day period, the appellant, counsel for the appellant, and counsel for the Plan shall have the right to submit additional documentation to the Board of Trustees to be considered.

The Board of Trustees will provide an opportunity for a hearing within ninety (90) days unless waived by or continued at the request of the appellant or his/her representative.

The Chair(s) of the Board of Trustees shall fix the time and place of the hearing, giving due notice to the appellant or his or her legal representative.

The hearing may be continued for good cause upon request of any party provided that the failure of any party to appear and complete the hearing within a reasonable time shall be grounds for dismissal for want of prosecution.

The appellant may elect to submit written testimony in lieu of an in-person hearing, by giving ten (10) business days’ advance notice to Plan Counsel prior to the date of the hearing.

No discovery shall exist as a matter of right.

At least ten (10) business days prior to the hearing, each of the appellant and the Plan must submit to the Board of Trustees:

1. a full statement of relevant facts,
2. documents intended to be utilized during the hearing; and
3. a list of all participants it intends to participate in the hearing, including witnesses.

No new grounds or arguments may be submitted that were not included in the original appeal.

The appellant may be represented by counsel or other authorized representative.

A stenographic record shall be made of the proceedings. The cost shall be borne by the Plan. The transcript will be made available for inspection by any party, except as otherwise provided by law. Any party who wishes a copy of the transcript must pay the costs of obtaining a copy.

Only persons having a direct interest in the proceedings are entitled to attend the hearing. Any other persons may attend only with the permission of the Chair(s) of the Board of Trustees. The Chair(s) of Board of Trustees will have the power to exclude any witness or witnesses during the testimony of other witnesses upon his/her motion or the motion of any other party.

Witnesses shall testify under oath or affirmation.

The Chair(s) of the Board of Trustees will open the hearing, stating the place, date, time and title of the proceedings and those in attendance. The Chair(s) of the Board of Trustees shall ensure that both sides have a fair opportunity to present their respective cases.

In lieu of a formal hearing, the appellant may choose to make a statement and rest on the written submissions. The Plan will then have an opportunity to make a statement and rest on the written submissions.

If the appellant elects for a formal hearing, the parties may make opening statements. Upon completion of the opening statements, the Plan normally will present its case first. Both sides shall have the opportunity to cross-examine witnesses presented by the other side. Any member of the Board of Trustees may also question any witness. Upon completion of the appellant’s case, the Plan may be allowed to offer rebuttal evidence. At the completion of the evidentiary proceedings, the parties may make closing statements. Where appropriate, the Chair(s) of the Board of Trustees may alter the order in which the parties present their respective cases.

If an appellant, after due notice, fails to be present or participate, the Board of Trustees shall note the appellant’s absence or failure to participate, and close the hearing.

The Board of Trustees shall generally apply a relaxed rules of evidence approach, and may permit such evidence as is necessary in their discretion to make a full and complete record.

Objections during testimony may be noted on the record but a witness will be permitted to complete his/her testimony.

Plan counsel will prepare a written decision, approved by majority vote of the Board of Trustees, and submit it to the parties within 30 days of the hearing.

The Board of Trustees’ decision will be final and binding, except as its decision may be reviewed in the appropriate court in Cook County, Illinois, in an action filed within the time period set forth in 735 ILCS 5/3-103.