RULES/ REGS

e-mail   print   reprint   share   Login to Recommend

PBGC Amends Appeals Procedures

July 3, 2008 (PLANSPONSOR.com) - The Pension Benefit Guaranty Corporation (PBGC) announced it is publishing a final rule amending its regulation on Rules for Administrative Review of Agency Decisions to clarify that the agency's Appeals Board may refer certain categories of appeals to other PBGC departments for a written response.

The final regulation (29 CFR part 4003) formalizes the Appeals Board's practice of referring certain routine appeals, such as those that allege a mistake of fact or that request a more detailed benefit explanation, to other PBGC departments or Appeals Board staff for a written response.

Appeals that will be subject to referral include those that:

  • request an explanation of a covered initial benefit determination;
  • dispute specific data used in a covered initial determination, such as date of hire, date of retirement, date of termination of employment, length of service, compensation, marital status, and the form of benefit elected; or
  • request an explanation of the limits on benefits payable by PBGC under part 4022, subpart B, such as the maximum guaranteeable benefit and phase-in.

The agency said the practice began after it concluded that other PBGC departments, such as the Benefits Administration and Payment Department (BAPD), could handle these types of appeals efficiently given their familiarity with the relevant facts underlying the initial benefit determinations. The PBGC also concluded that it would be appropriate for Appeals Board staff (rather than the Appeals Board) to respond to untimely and premature appeals, as well as appeals alleging that benefit reductions required by law will work a financial hardship.

< PREVIOUS 1 2 NEXT >

Retirement Resource Center

Searching for Retirement Advice

Click here for our video interview with Jon Prescott, Chief Marketing Officer, CPI Qualified Plan Consultants.

Retirement Resource Center

Retirement Insights

At PLAN DESIGNS 2009, PLANSPONSOR met with Steve Smith, VP, Sales & Corporate Plans Market Leader, Diversified Investment Advisors

Retirement Resource Center

To advertise here...

...please call Hayward Henderson at 203-979-6195 (m), or click here to send hhenderson@assetinternational.com an email inquiry.
Site Map  About Us  Advertiser Services  Subscriber Services  Terms of Use  Privacy Policy  FAQS  Glossary  Customer Service

Copyright ©1989-2010    Asset International, Inc.    All Rights Reserved. No Reproduction without Prior Authorization

GfJ432Hghb43dfs3dasds4at8