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AR 176/98 PROVINCIAL COURT JUDGES AND MASTERS IN CHAMBERS COMPENSATION REGULATION

(Consolidated up to 178/2015)

ALBERTA REGULATION 176/98

Provincial Court Act
Court of Queen
s Bench Act

PROVINCIAL COURT JUDGES AND MASTERS IN
CHAMBERS COMPENSATION REGULATION

Table of Contents

             0.1      Definitions

                1      Salaries for full‑time non‑administrative judges

           1.01      Salaries for administrative judges

             1.1      Salary on expiration of appointment
as administrative judge

             1.2      Salaries for part‑time judges

                2      Remuneration and benefits for supernumeraries

                4      Subsistence and travelling allowances


             4.1      Professional allowance

                5      Northern allowances

                6      Automobile for Chief Judge

                8      Benefits

             8.1      Pensions

                9      Payment for prior pensionable judicial service

             9.1      Masters remuneration

Schedules

Definitions

0.1   In this Regulation,

                               (a)    “administrative judge” means the Chief Judge, the Deputy Chief Judge or an assistant chief judge;

                           (a.1)    “appointed” includes reappointed;

                           (a.2)    “full‑time judge” means a judge to whom section 1(1) applies;

                           (a.3)    “half‑time master” means a person appointed as such under section 8.21 of the Court of Queen’s Bench Act;

                           (a.4)    “judge” means a judge within the meaning of section 1 of the Provincial Court Act, but does not include a supernumerary judge;

                              (b)    “master” means a master in chambers appointed under the Court of Queen’s Bench Act but does not include an ad hoc master in chambers or a part‑time master in chambers;

                               (c)    “part‑time judge” means a person appointed as such under section 9.24 of the Provincial Court Act;

                              (d)    “part‑time master” means a person, other than a half‑time master or an ad hoc master, who is appointed to perform the duties of a master in chambers on a part‑time basis;

                               (e)    “year”, except in sections 1(3) and (4) and 9, section 3(1) of Schedule 1 and section 5 of Schedule 2, means the period of one year commencing at the beginning of April in one year and ending at the end of March in the next.

AR 211/99 s3;12/2009;20/2012

Salaries for full‑time non‑administrative judges

1(1)  This section does not apply to the administrative judges.

(2)  For the period from the beginning of April 2013 to the end of March 2014, the salary to be paid to judges who are appointed on a full‑time basis is $273 000.

(3)  For the period from the beginning of April 2014 to the end of March 2015, the salary to be paid to full‑time judges is $279 825.

(4)  For the period from the beginning of April 2015 to the end of March 2016, the salary to be paid to full‑time judges is $286 821.

(5)  For the period from the beginning of April 2016 to the end of March 2017, the salary to be paid to full‑time judges is $293 991.

AR 176/98 s1;104/99;211/99;216/2000;117/2005;
266/2006;170/2007;61/2008;20/2012;178/2015

Salaries for administrative judges

1.01   For the period from the beginning of April 2013 to the end of March 2017, the annual salaries to be paid to the administrative judges are to be calculated by applying the appropriate following percentage multiple to the annual salary for the year in question of a full‑time judge arrived at under section 1:

                               (a)    1.1% for the Chief Judge;

                              (b)    1.075% for the Deputy Chief Judge;

                               (c)    1.05% for an Assistant Chief Judge.

AR 20/2012 s3;178/2015

Salary on expiration of appointment
as administrative judge

1.1(1)  Where the appointment of an administrative judge expires, notwithstanding anything in section 1, that judge’s salary is to remain unchanged until the salary of a full‑time judge, applying section 1, exceeds that judge’s salary.

(2)  Subsection (1) ceases to apply if the judge who held the appointment as an administrative judge is appointed as a part‑time judge.

AR 239/2004 s2;117/2005;61/2008;43/2009;20/2012

Salaries for part‑time judges

1.2(1)  In this section,

                               (a)    “pension benefits” means pension benefits payable under the Provincial Judges and Masters in Chambers Registered and Unregistered Pension Plans (AR 196/2001);

                              (b)    “12‑month term of appointment” means the 12‑month period immediately following the appointment of a part‑time judge and, where applicable, includes any subsequent 12‑month period of appointment as such.

(2)  Subject to subsection (3), the annual salary to be paid to a part‑time judge is 50% of the annual salary of a full‑time judge.

(3)  If the aggregate of a part‑time judge’s salary and pension benefits payable during a 12‑month term of appointment exceeds the salary of a full‑time judge for that 12‑month term of appointment, the salary payable to that judge during that term shall be reduced by an amount equal to that excess.

AR 20/2012 s5

Remuneration and benefits for supernumeraries

2(1)  For the period from the beginning of April 2013 to the end of March 2017, the remuneration to be paid to a supernumerary judge for holding a sitting or otherwise acting as a supernumerary judge, for each day or partial day, is 1/207.5 of a full‑time judge’s salary under section 1 for the relevant year.

(2) to (2.5)  Repealed AR 20/2012 s6.

(3)  In addition to the remuneration referred to in this section, a supernumerary judge is entitled to the remuneration and benefits referred to in sections 4 and 5.

(4)  Where a sitting is cancelled with less than 24 hours’ notice, the supernumerary judge who would have held the sitting is entitled to be paid for that sitting.

AR 176/98 s2;104/99;211/99;216/2000;239/2004;266/2006;
20/2012;178/2015

3   Repealed AR 117/2005 s4.

Subsistence and travelling allowances

4(1)  In this section, “the Expenses Regulation” means the repealed Public Service Subsistence, Travel and Moving Expenses Regulation made under the Public Service Act, as it existed immediately prior to its repeal, as saved or reinstated by subsection (2).

(2)  For the purposes only of this section, the Expenses Regulation is saved or reinstated as if it were still in force, and a judge shall be paid subsistence and travelling allowances in accordance with the Expenses Regulation.

(3)  Notwithstanding subsection (2) and the Expenses Regulation, a judge who is authorized to use the judge’s own motor vehicle on official business shall be reimbursed the entire cost of any additional insurance premium payable by the judge as a result of using the judge’s own motor vehicle for official business.

AR 176/98 s4;54/2001;131/2003;239/2004;
66/2005;178/2015

Professional allowance

4.1(1)  A judge is entitled to a professional allowance each year to be used for the following purposes as authorized by the Chief Judge:

                               (a)    the attendance at relevant conferences and seminars that are related to the carrying out of the duties and functions of a Provincial Court Judge;

                              (b)    the buying of books and journals that are related to the carrying out of the duties and functions of a Provincial Court Judge;

                               (c)    the maintenance of memberships in judicial and professional organizations;

                              (d)    the purchase of security systems for a Provincial Court Judge’s home and the monthly service charges for those systems;

                               (e)    payment of or for individual

                                        (i)    fitness facility (including membership) fees,

                                      (ii)    fitness, health and nutrition lessons, programs and courses,

                                     (iii)    fitness equipment, and

                                     (iv)    library memberships.

(2)  A master is entitled to a professional allowance each year to be used for the following purposes as authorized by the Chief Justice of the Court of Queen’s Bench of Alberta:

                               (a)    the attendance at relevant conferences and seminars that are related to the carrying out of the duties and functions of a Master in Chambers;

                              (b)    the buying of books and journals that are related to the carrying out of the duties and functions of a Master in Chambers;

                               (c)    the maintenance of memberships in judicial and professional organizations;

                              (d)    the purchase of security systems for the home of a Master in Chambers and the monthly service charges for those systems;

                               (e)    payment of or for individual

                                        (i)    fitness facility (including membership) fees,

                                      (ii)    fitness, health and nutrition lessons, programs and courses,

                                     (iii)    fitness equipment, and

                                     (iv)    library memberships;

                               (f)    the purchase and cleaning of court attire related to the carrying out of the duties and functions of a master in chambers, including business clothing and gowns for ceremonial proceedings.

(3)  The amount of the allowance referred to in subsections (1) and (2), for the period from the beginning of April 2013 to the end of March 2017, is up to a maximum of $3750 per year.

(4)  Repealed AR 178/2015 s5.

(5)  Where an expenditure that is covered by subsection (1) or (2) is incurred in one year and there is not a sufficient amount of allowance available in that year for the payment or full payment of that expenditure, then that expenditure, or the portion of it that remains not reimbursed, as the case may be, may be carried forward for payment in the following year.

(6)  Notwithstanding subsection (5), any excess over $1875 per year of the expenditures referred to in that subsection and incurred by a part‑time judge or a half‑time master between April 1, 2013 and March 31, 2015 may be carried forward under that subsection for payment until March 31, 2017.

AR 216/2000 s4;239/2004;117/2005;104/2007;12/2009;
20/2012;178/2015

Northern allowances

5   A judge shall be paid Northern Allowance in accordance with the Public Service Employment Regulation made under the Public Service Act.

Automobile for Chief Judge

6   An automobile and replacement automobiles shall be provided to the Chief Judge and Deputy Chief Judge in the same manner as automobiles are provided under Treasury Board Directive (4/79), as amended.

AR 176/98 s6;221/2004;61/2008

7   Repealed AR 211/99 s5.

Benefits

8(1)  A judge or a part‑time judge is entitled to the benefits set out in Schedule 1.

(2)  A judge or a part‑time judge is entitled to receive benefits under the Long Term Disability Income Continuance Plan as set out in Schedule 2.

AR 176/98 s8;211/99;20/2012

Pensions

8.1   The Provincial Judges and Masters in Chambers Registered and Unregistered Pension Plans (AR 196/2001) applies, to the extent provided in it, with respect to judges and masters.

AR 197/2001 s2;20/2012

Payment for prior pensionable judicial service

9(1)  In this section,

                               (a)    “judge” means a person who, immediately before September 1, 1988, held office as a judge of the Provincial Court of Alberta, other than as a supernumerary judge, and had accumulated prior pensionable judicial service;

                              (b)    “long service amount” means an amount equal to $2000 for each completed year, and a prorated portion of $2000 for each additional portion of a year, of a judge’s or master’s prior pensionable judicial service;

                               (c)    “master” means  a person who, immediately before September 1, 1988, held office as a master in chambers and had accumulated prior pensionable judicial service;

                              (d)    “Minister” means the Minister of Justice and Solicitor General;

                               (e)    “pension plan” means the Provincial Judges and Masters in Chambers Pension Plan Regulation (AR 265/88) or the pension plan thereunder;

                               (f)    “prior pensionable judicial service” means pensionable service standing to a judge’s or master’s credit in the Public Service Management Pension Plan in the form of service under that Plan as a judge of the Provincial Court of Alberta or a master in chambers;

                               (g)    “retire” means, in respect of a judge or master, a judge or master who ceases to be a participant of the pension plan under the circumstances referred to in section 14(1), 16, 17(1), or (2) or 24 of the pension plan;

                              (h)    “spouse” has the meaning assigned to it by the pension plan;

                               (i)    “surviving spouse” means the surviving spouse of a deceased judge or master who becomes entitled to receive a pension under section 20(1) or (2) of the pension plan.

(2)  The long service amount in respect of a judge or master shall be paid in a lump sum payment to

                               (a)    the judge or master after the judge or master retires,

                              (b)    the surviving spouse of the judge or master if the judge or master dies before retiring, or

                               (c)    the judge’s or master’s estate if the judge or master dies before retiring and leaves no surviving spouse.

(3)  A judge or master may, before retiring, submit to the Minister a request that the payment of the long service amount be made in annual payments for a period specified by the judge or master of up to 10 years.

(4)  When a judge or master makes a request under subsection (3) and it is received by the Minister at least 30 days before the judge or master retires, the long service amount in respect of the judge or master shall be paid, notwithstanding subsection (2), in annual payments to the judge or master after the judge or master retires and

                               (a)    if the judge or master dies before all of the annual payments are made and the judge or master leaves a surviving spouse, the remaining annual payments shall be paid to the surviving spouse and if the surviving spouse dies before all of the remaining annual payments are made, the remaining annual payments shall be paid in a lump sum to the spouse’s estate, and

                              (b)    if the judge or master dies before all of the annual payments are made and the judge or master does not leave a surviving spouse, the remaining annual payments shall be paid in a lump sum to the judge’s or master’s estate.

(5)  When a judge or master makes a request under subsection (3) and it is received by the Minister at least 30 days before the judge or master retires and the judge or master dies before retiring, the long service amount in respect of the judge or master shall be paid, notwithstanding subsection (2),

                               (a)    if the judge or master leaves a surviving spouse, in annual payments to the surviving spouse and if the surviving spouse dies before all of the annual payments are made, the remaining annual payments shall be paid in a lump sum to the spouse’s estate, and

                              (b)    if the judge or master does not leave a surviving spouse, in a lump sum to the judge’s or master’s estate.

(6)  When a judge or master dies before retiring without having made a request under subsection (3) and leaves a surviving spouse, the spouse may submit to the Minister a request that payment of the long service amount be made in annual payments for a period specified by the spouse of up to 10 years.

(7)  When a surviving spouse makes a request under subsection (6) and it is received by the Minister within 90 days of the judge’s or master’s death, the long service amount in respect of the judge or master shall be paid, notwithstanding subsection (2), in annual payments to the surviving spouse and if the surviving spouse dies before all of the annual payments are made, the remaining annual payments shall be paid in a lump sum to the surviving spouse’s estate.

(8)  The amount of an annual payment under this section in respect of a judge or master is calculated by dividing the judge’s or master’s long service amount by the number of years specified in the judge’s or master’s request under subsection (3) or the surviving spouse’s request under subsection (6) and the number of years may not exceed 10.

AR 176/98 s9;14/99;211/99;170/2012

Masters remuneration

9.1(1)  A full‑time master is to be paid the same salary as is paid to a full‑time judge under section 1.

(2)  A full‑time master or a half‑time master is entitled to the benefits provided to a judge under section 4 and to those benefits set out in Schedule 1.

(3)  A full‑time master or a half‑time master is entitled to receive benefits under the Long Term Disability Income Continuance Plan as set out in Schedule 2.

(3.1)  Subject to subsection (3.2), the annual salary to be paid to a half‑time master is 50% of the annual salary of a full‑time judge.


(3.2)  If the aggregate of a half‑time master’s salary and pension benefits within the meaning of section 1.2(1) payable during a 12‑month term of appointment exceeds the salary of a full‑time judge for that 12‑month term of appointment, the salary payable to that master during that term shall be reduced by an amount equal to that excess.

(3.3)  In subsection (3.2), “12‑month term of appointment” means the 12‑month period immediately following the appointment of a half‑time master and, where applicable, includes any subsequent 12‑month period of appointment as such.

(4)  A part‑time master is entitled to the same remuneration as provided to a supernumerary judge under section 2.

(5)  An ad hoc master in chambers is entitled to the same remuneration as provided to a supernumerary judge under section 2.

AR 211/99 s7;12/2009;20/2012

10   Repealed AR 20/2012 s11.

Schedule 1

Benefits for Judges and Masters

1   In this Schedule, “master” means a full‑time master or a half‑time master.

2(1)  Judges and masters are entitled to participate in the group benefit plans available to managers in the Public Service of the Province.

(2), (3)  Repealed AR 12/2009 s5.

3(1)  A judge or master is entitled to vacation of 30 working days per year except that a part‑time judge or a half‑time master is entitled to vacation of 15 working days per year.

(2)  The scheduling of vacation is subject to the prior approval

                               (a)    of the Chief Judge, in the case of a judge, and

                              (b)    of the Chief Justice of the Court of Queen’s Bench, in the case of a master.

(3)  If a judge’s or master’s appointment is terminated, the judge’s or master’s actual vacation entitlement will be calculated on the basis of 2 1/2 days vacation per completed month of service, and the judge or master must at such termination reimburse the Province for any vacation taken in excess of the judge’s or master’s actual entitlement.

(4)  Any actual vacation entitlement not taken by a judge or master must, at the termination of the appointment, be paid by the Province to the judge or master.

4   Judges and masters are entitled to all statutory holidays normally granted to employees in the Public Service of the Province and part‑time judges and half‑time masters are entitled to all statutory holidays normally granted to employees in the Public Service of the Province occurring during the periods they are required to serve.

5   Repealed AR 20/2012 s12.

AR 211/99 s8;198/2002;221/2004;117/2005;
170/2007;12/2009;20/2012

Schedule 2

Long Term Disability Income Continuance Plan

The Long Term Disability Income Continuance Plan is established as follows:

Definitions

1   In this Plan,

                               (a)    “adjudicator” means the Judicial Council established under Part 6 of the Judicature Act;

                              (b)    “benefit” means money provided to a participant under the Plan;

                               (c)    “disability” means a medical condition that causes a participant to be unable to perform any combination of duties that, prior to the commencement of illness or injury, regularly took at least 60% of the participant’s time at work to complete;

                              (d)    “elimination period” means 80 consecutive normal work days or the number of hours of work for a continuing illness equivalent to 80 normal work days, starting the day a participant stops work or partially stops work because of bodily injury or illness;

                               (e)    “month” means a period of time between the same dates in 2 successive calendar months;

                               (f)    “monthly earnings” means the participant’s current regular monthly rate of pay;

                               (g)    “participant” means a person to whom the Plan applies under section 2;

                              (h)    “period of disability” means the period in which a participant is entitled to receive benefits from the Plan beginning after the last day of the elimination period;

                               (i)    “Plan” means the Plan established in this Schedule;

                               (j)    “Plan Administrator” means the Plan Administrator under the Public Service Long Term Disability Income Continuance Plan;

                              (k)    repealed AR 266/2006 s4;

                               (l)    “regular duties” means the regular duties or duties similar to the regular duties that the participant was performing immediately prior to the beginning of the elimination period;

                             (m)    “work day” means any day on which a participant is expected to be at work.

Application

2   This Plan applies to judges and masters so entitled under section 8 and 9.1 of the Provincial Court Judges and Masters in Chambers Compensation Regulation.

Coverage

3(1)  A participant is covered under the Plan beginning the first day after the participant completes 3 consecutive months of service without absence because of illness or disability, except for casual illness.

(2)  A participant’s coverage under the Plan terminates on the earliest of the following:

                               (a)    the date of the participant’s 70th birthday;

                              (b)    the date the participant’s appointment is terminated, if the participant is not receiving benefits under the Plan at that time;

                               (c)    the date the participant resigns from office.

Eligibility for benefits

4(1)  When the adjudicator determines that a participant’s bodily injury or illness results in a disability, and the disability continues during the entire elimination period, the participant is eligible for benefits beginning immediately after the elimination period.

(2)  If a participant returns to work during the elimination period and then takes general illness leave for the same or a related illness within 10 days of returning to work, the time that the participant was at work is considered to be part of the elimination period.

(3)  A participant is not eligible for benefits payable after the elimination period for

                               (a)    a disability suffered as a result of participation in the commission of crime,

                              (b)    a disability suffered as a result of an act of war,

                               (c)    an intentionally self‑inflicted injury or illness,

                              (d)    any period during which the participant is not under the continuous care of a physician, or not following the treatment a physician prescribes, or

                               (e)    a period of incarceration in a prison or similar institution.

(4)  Depending on the nature and severity of a participant’s condition, the adjudicator may require a participant to be under a specialist’s care.

(5)  If substance abuse, including alcoholism and drug addiction, contributes to a participant’s disability, the participant’s treatment program must include participation in a recognized substance withdrawal program.

(6)  As soon as possible after a participant is injured or becomes ill, the adjudicator is to determine whether the participant’s condition is a disability.

(7)  If a participant, who returns to work after an absence caused by a disability, is no longer receiving disability benefits, and is disabled as a result of the same or a related condition within 6 months after the date of return to work, the disability is considered continued and another elimination period is not required to be served.

(8)  Any authorized benefits may continue up to the maximum benefit period described in section 9 during any one period of disability, but the benefits end when the adjudicator determines that the disability has ceased.

Pre‑existing condition

5(1)  Benefits are not payable for any medically documented injury or illness for which a participant received medical services, supplies, or any medication prescribed by a physician during the 90 days immediately preceding the effective date of appointment.

(2)  Subsection (1) does not apply to a participant who has been covered by the Plan for 2 consecutive years and is not absent from work because of a pre‑coverage injury or illness on the date the 2 years are completed.

(3)  If the participant has been covered by the Plan for 2 consecutive years but is absent from work because of a pre‑coverage injury or illness at the 2‑year point, the participant is eligible for coverage under the Plan on the date the participant returns to work.

Interim payment

6(1)  If the adjudicator does not decide on a participant’s eligibility for benefits before the end of the elimination period, the Chief Judge, in the case of a judge, or the Chief Justice of the Court of Queen’s Bench, in the case of a master, may order that the participant continue to be paid at the rate of 70% of the participant’s normal salary for up to 2 months or until the date the decision is received, whichever comes first.

(2)  The participant is not entitled to receive an interim payment and benefits under subsection (1).

(3)  If the participant received an interim payment and is found eligible for benefits,

                               (a)    that payment is to be treated as a prepayment by the Province, on behalf of the Plan, of the benefits due for that period,

                              (b)    the Plan Administrator must not pay to the participant further benefits for the period covered by the payments, and

                               (c)    the Plan Administrator must repay the amount of the interim payment.

(4)  If the participant received an interim payment and is found not eligible for benefits, the participant must repay the payment.

Rehabilitation program

7(1)  A rehabilitation program approved by the adjudicator may be established by the Department of Justice and Solicitor General and the Plan Administrator for a specified time period not exceeding 24 months.

(2)  The program may require that the participant perform the participant’s regular work on a part-time basis.

(3)  At the end of the elimination period, if a participant suffers from a disability that prevents the performance of regular duties, but the participant is able to participate in a rehabilitation program, the participant is eligible for benefits.

(4)  If a participant is receiving less income under a rehabilitation program than was being received prior to the disability, the monthly benefit amount to which the participant is entitled is to be reduced by 50% of the income received from that program.

(5)  If the combination of reduced benefits and income equals an amount that exceeds the participant’s pre‑disability salary, benefits will be further reduced so that combined benefits and income do not exceed the pre-disability salary.

(6)  If a participant refuses or wilfully fails to participate and co‑operate in a rehabilitation program, the adjudicator may determine whether the participant is eligible to receive or continue to receive benefits.

Amount of benefit

8(1)  The benefit amount for a participant, which is effective on completion of the elimination period, is 70% of the monthly salary paid to a judge or master, based on the appropriate salary level set from time to time under section 1, 1.2 or 9.1(3.1) or (3.2), as the case may be, of the portion of this Regulation preceding Schedule 1.

(2)  The monthly benefit amount to which a participant is entitled will be reduced as follows:

                               (a)    by the amount of disability benefit entitlement, excluding children’s benefits and cost of living  increases, under the Canada Pension Plan and the Quebec Pension Plan;

                              (b)    by the amount of benefits payable from any other group disability plan sponsored by the Province;

                               (c)    repealed AR 104/2007 s3;

                              (d)    by vacation leave pay.

(3)  A participant must apply for Canada Pension Plan or Quebec Pension Plan disability benefits within 12 months of being placed on the Plan and provide proof of application to the Plan Administrator.

(4)  A participant who does not apply for benefits pursuant to subsection (3) after reasonable notice to do so may have the maximum Canada Pension Plan or Quebec Pension Plan disability benefit deducted pursuant to subsection (2)(a).

(5)  If any amount or benefit described in subsection (2) is received in the form of a lump sum payment instead of monthly instalments, the benefit under subsection (1) will be reduced by the equivalent commuted monthly instalments.

8.1   Repealed AR 266/2006 s4.

Termination of benefits

9   The benefits payable under the Plan terminate on the earliest of the following:

                               (a)    the date determined by the adjudicator when the participant refuses or wilfully fails to participate and co‑operate in a rehabilitative program;

                              (b)    the date of the participant’s 70th birthday;

                               (c)    the date the participant resigns from office;

                              (d)    the date the adjudicator determines the participant is no longer disabled or the date the participant returns to the participant’s regular duties, whichever comes first.

Coverage during leave of absence

10(1)  A participant is covered under the Plan for a period not exceeding 12 consecutive months from the date the participant begins leave if the participant is on authorized development leave initiated and approved by the Chief Judge in the case of a judge and the Chief Justice in the case of a master.

(2)  Coverage under the Plan continues for a participant on a leave of absence without pay, but benefits are not payable during the leave and, if applicable, premiums are not paid.

Participation in group plans

11(1)  If a participant is eligible for benefits, the participant continues to be covered under the plans referred to in Schedule 1 of the Provincial Court Judges and Masters in Chambers Compensation Regulation.

(2)  During the period that coverage continues, the Province and the participant must continue to pay their respective share of premium costs for each plan.

Adjudication Review

12(1)  When the adjudicator has ruled that a participant is not eligible for benefits or that benefits are to cease,

                               (a)    the Chief Judge, in the case of a judge, and the Chief Justice of the Court of Queen’s Bench, in the case of a master, may request that the adjudicator review the claim, or

                              (b)    the participant may request that the adjudicator review the claim and may, at the participant’s expense, make representation to the adjudicator with the participant’s representatives only once.

(2)  A participant must submit a request for a review within 21 calendar days of receiving notice of the  adjudicator’s ruling.

(3)  Within 60 calendar days of receiving notice of the adjudicator’s ruling, the participant must submit any new or additional medical information and other written material that the participant intends to be part of the review.

(4)  On receiving a request for a review, the adjudicator must review the participant’s case, taking into account the representation by the participant or participant’s representative and any new information, and make a decision.

AR 211/99 s8;251/2001;239/2004;266/2006;104/2007;20/2012;
170/2012