Archive | Administrative Procedure Act

RSS feed for this section

Zabrocki v. Teachers’ Retirement System

Zabrocki v. Teachers’ Retirement System, 2016 MT 146 (June 14, 2016) (McGrath, C.J.) (5-0, aff’d)

Issue: Whether the district court erred in affirming he decision of the Teachers retirement Board denying motions for summary judgment and remanding for an evidentiary hearing.

Short Answer: No.


Facts: Edward Zabrocki began receiving Teachers Retirement System (TRS) benefits in 2007. In February 2012 TRS notified him that he did not qualify for those benefits and must reimburse TRS for the amounts it paid. Zabrocki requested an administrative review, and the TRS Board concurred. In January 2013 Zabrocki requested a contested case hearing with TRS.

TRS appointed a hearing examiner, who issued a scheduling order. In August 2013,before the hearing was held, Zabrocki and TRS filed summary judgment motions.…