Have you recently been denied a request that affects your pension?
If you disagree with any administrative decision by Alberta Pensions Services Corporation (APS), the benefit administrator for LAPP, that affects your pension plan status or benefit payments, you may have that decision reviewed. If you disagree with the results of that review, you may have the decision reviewed by the Local Authorities Pension Plan (LAPP) Board of Trustees (the Board).
This page presents detailed guidelines to use if you are not satisfied with a decision made by APS. However, before you ask for a review by the Board, there are two steps you need to take.
1. Seek an Explanation
If you have a concern with a decision made by APS, contact us or send a message through the Secure Mailbox on mypensionplan.ca to find out more about the decision. APS staff will be able to answer your questions or explain the Plan’s legislation.
2. Request an Administrative Review
Do you believe APS might have overlooked some important information? A second look at your request might clarify either your request or APS’ decision. Write a letter to LAPP (c/o APS: 5103 Windermere Boulevard SW, Edmonton, AB T6W 0S9) or contact APS through the Secure Mailbox on mypensionplan.ca, and ask for an administrative review of the decision.
Be sure to detail your concern with the decision and why you believe it should be reviewed. Please include a personal identifier such as your date of birth or member identification number in your request.
The administrative review is a more detailed look by APS at the nature of its decision affecting your Plan status. APS management will closely examine your submission, the information in your file and the decision. They will ensure the Plan’s legislation and/or APS’ administrative policy has been correctly applied. APS will then respond to you in writing with its findings.
Your request for an administrative review should be made in writing, within 30 days from the date you received the written decision with which you disagree.
The Appeal Process
If you have spoken with APS staff and had an administrative review and still disagree with the decision, you have the right to appeal the decision to the Board. It is important to note that although the Board has been delegated the ability to review administrative decisions made by APS, it is also governed by the Plan’s legislation. This means the Board can only award or provide benefits or remedy as long as it is expressly allowed in the Plan’s legislation.
The request for an appeal to the Board must be made in writing within 60 days following the date of APS’ letter advising you of the outcome of the administrative review. (The Board may, in some instances, extend this time limit.)
To file an appeal:
Complete the Notice of Appeal Form and mail or fax the form and any supporting documents to the Board at the address included on the form. APS can help you to complete this form if you require assistance. Your submission should include:
Once the Board Secretary receives your form, the appeal process will begin. The Board Secretary will ask APS to prepare a detailed case description, and will then provide this to you so that you have an opportunity to review it and provide additional comments to the Board.
The Board will conduct an oral hearing which both you and APS will be invited to attend. The Board will compensate you for your reasonable out-of-pocket expenses for travel within Alberta associated with attending the hearing. If you appoint a representative to present your case, the Board will not compensate them for any expenses associated with the representative.
If you do not wish to attend the hearing and would rather have your matter reviewed solely on the case description and written submissions from you and APS, you may request the Board conduct a documentary hearing. The Board will consider your request and determine how it will proceed.
Preparing for your Appeal Hearing
At your request, APS can provide assistance to help you prepare for the hearing.
An oral hearing will involve you and/or your representative appearing before the Board, along with a representative for APS. Both you and APS may also have legal counsel present to assist in presenting to the Board. You may request the Board allows you to attend the hearing by telephone or another form of electronic communication. Should you decide not to attend the hearing, nor have a representative attend the hearing on your behalf, the Board may decide to proceed in your absence.
The Board may also include in the hearing, as required: staff of the Alberta Local Authorities Pension Plan Corp., which provides support to the Board in reviewing administrative decisions; the Board’s independent legal counsel; a court reporter or other individual to record the hearing; and/or third party witnesses.
The evidentiary phase of the hearing will begin with you and/or your representative presenting your case, followed by APS. Both parties will have an opportunity to present their arguments, and cross questioning between you, APS and the Board may then occur to ensure a complete understanding of the case.
If the Board grants your request for a Documentary Hearing, neither you nor your representative, nor APS, will attend. In such circumstances, the Board will only consider the case description and all written submissions before coming to a decision.
The Board will conduct a thorough review of the facts and documentation before making a decision. Once the Board makes a decision, the Board will provide this to you, in writing.