§ 2-17. Administrative appeal.

(a) Right of appeal.

Any person aggrieved by a determination made or action taken with respect to a person's eligibility for membership in or benefits under the Retirement Savings Plan may appeal that determination or action to the Board of Trustees.

(b) When and how taken.

A notice of appeal must be filed with the Board within 1 year of the determination or action in question.

(c) Hearing.

(1) On receipt of a notice of appeal, the Board must hold a hearing on the appeal as soon as administratively practicable.

(2) Except as otherwise provided in this section or, subject to Title 4 {"Administrative Procedure Act – Regulations"} of the City General Provisions Article, by rule or regulation of the Board:

(i) the hearing must be conducted in an orderly but informal manner; and

(ii) formal rules of evidence and trial procedures do not apply.

(d) Counsel.

(1) The person filing the appeal may be represented by counsel at the hearing.

(2) The Plan will be represented by the City Solicitor or the Solicitor's designee.

(e) Witnesses.

All witnesses testifying at the hearing must do so under oath or by affirmation, subject to the penalties of perjury.

(f) Decision.

(1) As soon as administratively practicable after the hearing, the Board must render its decision and notify the person filing the appeal of that decision.

(2) In its decision, the Board may affirm, modify, or reverse the determination or action from which the appeal was taken.