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2002 SESSION

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HB 1107 Claims; Mary E. Ferguson.

Introduced by: Mary T. Christian | all patrons    ...    notes | add to my profiles | history

SUMMARY AS PASSED:

Claims; Mary E. Ferguson. Directs the Virginia Retirement System to allow Mary E. Ferguson to apply for disability retirement benefits based on an effective date of July 1, 1994. The bill. however, does not automatically grant such relief. Ms. Ferguson’s initial application for disability retirement was denied by the Virginia Retirement System, which took the position that Ms. Ferguson had been on leave without pay for a period exceeding 24 months. A hearing officer concluded that Ms. Ferguson was entitled to file for disability but the VRS rejected the finding. Ms. Ferguson decided to appeal the decision pursuant to the Administrative Process Act. She believed that the attorney who represented her at the hearing would handle the appeal. The attorney did not handle the appeal, which was never perfected, resulting in Ms. Ferguson being unable to contest the decision of the VRS to deny the application. The bill contains an emergency clause.

SUMMARY AS PASSED HOUSE:

Claims; Mary E. Ferguson. Provides relief to Mary E. Ferguson in the amount of a lump sum equal to the full disability retirement benefit she would have received between July 26, 1994, and July 1, 2001, and to the full amount of the monthly disability benefit after July 1, 2001. Ms. Ferguson’s initial application for disability retirement was denied by the Virginia Retirement System, which took the position that Ms. Ferguson had been on leave without pay for a period exceeding 24 months. A hearing officer concluded that Ms. Ferguson was entitled to file for disability but the VRS rejected the finding. Ms. Ferguson decided to appeal the decision pursuant to the Administrative Process Act. She believed that the attorney who represented her at the hearing would handle the appeal. The attorney did not handle the appeal, which was never perfected, resulting in Ms. Ferguson being unable to contest the decision of the VRS to deny the application.

SUMMARY AS INTRODUCED:

Claims; Mary E. Ferguson. Provides relief to Mary E. Ferguson in the amount of a lump sum equal to the full disability retirement benefit she would have received between July 26, 1994, and July 1, 2001, and to the full amount of the monthly disability benefit after July 1, 2001. Ms. Ferguson’s initial application for disability retirement was denied by the Virginia Retirement System, which took the position that Ms. Ferguson had been on leave without pay for a period exceeding 24 months. A hearing officer concluded that Ms. Ferguson was entitled to file for disability but the VRS rejected the finding. Ms. Ferguson decided to appeal the decision pursuant to the Administrative Process Act. She believed that the attorney who represented her at the hearing would handle the appeal. The attorney did not handle the appeal, which was never perfected, resulting in Ms. Ferguson being unable to contest the decision of the VRS to deny the application.