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‘NMIRF does not conform to the law’s requirements’
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Posted on Mar 28 2008
The Northern Marianas Islands Protection & Advocacy Systems Inc., which represents several members of the Retirement Fund in their claims for disability retirement, reported that it appears that the practices of the Retirement Fund staff do not conform to the requirements of the law.
NMPASI legal counsel Jeanne H. Rayphand wrote to the Fund board of trustees, where she cited several concerns such as members who are being denied retirement disability in some cases based on the application of the wrong law.
She said that certification forms that are provided to members to be completed for their application for disability retirement do no require the appropriate certification.
She also underscored that no member eligible for disability retirement should have his application delayed or denied.
“While we may on occasion disagree on the application of the law to a particular case, there is no justification for delaying a member’s application or denying his application because the Retirement Fund has failed to carry out its obligation and failed to follow the law,” Rayphand said.
She pointed out that the board has not selected physicians or vocational rehabilitation counselors to provide certifications of disability as required by the law and that there are no vocational rehabilitation counselors available to members in the Commonwealth.
“As a result of these practices and conditions, members who are eligible for disability retirement are having their applications delayed or denied,” Rayphand said.
Rayphand hopes that the board of “will take action to ensure that claims for disability retirement are processed promptly and without delay and in accordance with the law.”
“The Retirement Fund should, and can do, better than that. We urge the Board of Trustees to take immediate action to ensure that applicants for disability retirement are treated equally,” Rayphand said.
