| (a) The rules in this chapter shall govern the procedure
for the institution, conduct, and determination of all claims, complaint
or other proceeding arising under or relating to the Act, and the
administration of such other matters as are set forth under this Part
6 of Title 34, Administrative Code. They shall not be construed so
as to enlarge, diminish, modify, or alter the jurisdiction, powers,
or authority of the system or the substantive rights of any person.
(b) Subject to the limitation described in subsection
(a), of this section, the director is authorized to suspend, modify
or grant an exception to the operation of a rule under this Part 6
of Title 34 in individual cases as equity and fairness require (in
the director's sole discretion) to avoid undue hardship, where to
do so will not prejudice the system or cause delay or inconvenience
in its management or administration, or cause harm or injury to another
party, or cause an impermissible suspension, modification, or exception
to a mandatory qualification requirement under §401(a) of the
Internal Revenue Code of 1986, as amended or otherwise be prohibited
by law. The decision to suspend, modify or grant an exception to the
operation of a rule in an individual case is within the sole and exclusive
discretion of the director. Any such determination by the director
to grant or deny relief is final and not appealable by any party.
A determination by the director to grant relief to any party under
this subsection does not create a right or privilege in any other
party to an exception, suspension or modification to a rule, or excuse
a failure to comply with a rule in all of its particulars.
(c) No rules in this chapter or elsewhere in this Part
6 of Title 34, Administrative Code shall have the effect of waiving
the sovereign (governmental) or official immunity of TMRS, or its
current, former, or future trustees, officers, and/or employees.
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