You may have standing as a party or a right to intervention and are dissatisfied with the action taken by the staff of the Indiana Public Retirement System (INPRS). In that case, you may request administrative review under the Administrative Orders and Procedures Act. (IC 4-21.5). The steps of administrative review are as follows:

Initial Determination/Amended Initial Determination

If you believe you have been aggrieved or adversely affected by the INPRS staff action or determination, you may request an administrative review by:

• Completing Step 1: Member Petition for Administrative Review of Staff Action or Determination below, or
• By submitting a letter.

You must address your request to:

Indiana Public Retirement System
Attn: Administrative Review
One North Capitol, Suite 001
Indianapolis, Indiana 46204

Your request must include sufficient facts on which you base your request for administrative review and the desired outcome. You may attach copies of any supporting documents to the request.

Upon receiving your request, INPRS’ Legal Department will evaluate your case and issue an initial determination letter and/or an amended determination letter to you. Please keep in mind that many INPRS procedures are statutory and INPRS does not have the discretion to act outside of the law in granting an outcome or benefit that federal and/or state law does not provide.

Member Petition for Administrative Review of Staff Action or Determination

To download a PDF version of the Step 1 petition, click here.

Administrative Law Judge

Should you wish to challenge the findings in INPRS’ Legal Department’s initial or amended determination letter, you may appeal and request the matter be brought before an administrative law judge (“ALJ”). To initiate an appeal of the initial or amended determination, you must:

• Complete Step 2: Petition for Review by Administrative Law Judge below, or
• Submit a letter. You must address your request for appeal to the INPRS’ Legal Department at the address provided above.

The request must also:

• State facts demonstrating that you are: 1) a person to whom the initial or amended determination is specifically directed, 2) aggrieved or adversely affected by the findings in the initial or amended determination letter, and 3) entitled to review under any law (Ind. Code § 4-21.5-3-7(a)(1));
• Must be filed with INPRS within 15 days after you have received written notice of INPRS Legal Department’s initial or amended determination. (Ind. Code § 4-21.5-3-7(a)(3)(A)), and
• Must state your desired outcome of the appeal.

Petition for Review to Administrative Law Judge

To download a PDF version of the Step 2 petition, click here.

If your request for appeal meets the statutory requirements, it will be granted, and INPRS’ Legal Department will arrange for an ALJ to review your case. The ALJ will notify you by written correspondence of the date and location of any conferences or hearings related to the appeal.

An appeal is similar to a trial in a lawsuit, but it may be conducted more informally. (Ind. Code § 4-21.5-3-25(b)). You may be represented by counsel, but you are not required to obtain representation. The ALJ who conducts the review will consider the evidence concerning the staff action and decide whether INPRS has misinterpreted or misapplied the law and/or acted beyond the scope of its authority in your case.

Within 90 days after the conclusion of the administrative review process, the ALJ will issue a Findings of Fact, Conclusions of Law, and Recommended Order, (Ind. Code § 4-21.5-3-27), subject to the final order of the ultimate authority (Ind. Code § 4-21.5-3-29). Should you wish to object to the nonfinal findings of the ALJ, you have 15 days from receipt of the ALJ’s decision and recommended order to file a written objection with INPRS’ Legal Department at the address provided above. (Ind. Code § 4-21.5-3-29). The objection must identify the basis of the objection with reasonable particularity.

The ALJ’s Findings of Fact, Conclusions of Law, and Recommended Order, and any written objection, is then subject to review by the INPRS Executive Director, as the ultimate authority. On behalf of the Board of Trustees, the ultimate authority will issue a final order that affirms, modifies, or dissolves the ALJ’s order. (Ind. Code § 4-21.5-3-29(b)).

Judicial Review

If you remain dissatisfied after the completion of the administrative review process, you may appeal the decision of the ultimate authority and seek judicial review within 30 days of receipt of the final order. (Ind. Code § 4-21.5-5-5). Judicial review of disputed issues of fact must be confined to the agency record. The trial court may not try the cause anew or substitute its judgment for that of the agency. (Ind. Code § 4-21.5-5-11).

Every attempt has been made to verify that the information in this publication is correct and up-to-date. This is merely a guide and is not a substitute for, nor is it intended as legal advice. If a conflict arises between the information contained in this publication and the law, the applicable law shall apply.