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Pension Resource

29 C.F.R. § 4003.58

Powers of the Appeals Board.
eCFR amendment effective 2017-09-01 · superseded Feb 24, 2020 · last amended by 73 FR 38120, July 3, 2008
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(a) In addition to the powers specifically described in this part, the Appeals Board may request the submission of any information or the appearance of any person it considers necessary to resolve a matter before it and to enter any order it considers necessary for or appropriate to the disposition of any matter before it.
(b) The Appeals Board may refer certain appeals to another PBGC department or to Appeals Board staff to provide a response to the appellant. The response from another PBGC department or Board staff shall be in writing and address the matters raised in the appeal. The response may be in the form of an explanation or corrected benefit determination. In either case, the appellant will have 45 calendar-days from the date of the response to file a written request for review by the Appeals Board. If a written request for review is not filed with the Appeals Board within the 45-calendar-day period the determination shall become effective pursuant to § 4003.22(a).
(1) Appeals that may be referred to another PBGC department or to the Board staff include those that -
(i) Request an explanation of the initial determination being appealed;
(ii) Dispute specific data used in the determination, such as date of hire, date of retirement, date of termination of employment, length of service, compensation, marital status and form of benefit elected; or
(iii) 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 of the PBGC guarantee.
(2) An explanation or corrected benefit determination issued under this subsection is not considered a decision of the Appeals Board. If an appellant aggrieved by PBGC's initial determination is issued an explanation or corrected benefit determination under this section, the appellant has not exhausted his or her administrative remedies until the appellant has filed a timely request with the Appeals Board for review and the Appeals Board has issued a decision granting or denying the relief requested. See § 4003.7 of this part.
Source credit, amendments & notes

[61 FR 34012, July 1, 1996, as amended at 73 FR 38120, July 3, 2008]

29 C.F.R. § 4003.58 — Powers of the Appeals Board. · eCFR amendment effective 2017-09-01 · https://pensionresource.website/EAMain?content=EAMain.Law&id=cfr29-4003.58&asof=2017-09-01 · printed Oct 16, 2026
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  • (a) (a) In addition to the powers specifically described in thi…
  • (b) (b) The Appeals Board may refer certain appeals to another …
Guidance addressing this section

No documents are primarily about this section.

Also cited in 2 other documents
PBGC
Final Rules
  • 85 FR 10279 Feb 24, 2020 — Administrative Review of Agency Decisions (b)
Proposed Rules
  • 84 FR 53084Proposed Oct 4, 2019 — Administrative Review of Agency Decisions Comments due Dec 3, 2019 (b)

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Each row is a version of the text as published by the official source. Code dates are the edition/release point that first reflected the change; regulation dates are eCFR effective dates. The library checks the official sources automatically, so new versions appear here on their own; “run” opens the sync that recorded a version.

EffectiveThroughSourceAmended by
Jul 1, 1997Jun 30, 2009CFR 2008 annual edition (revised as of 2008-07-01) run 127View
Jul 1, 2009Aug 31, 2017eCFR amendment effective 2017-01-01 run 2673 FR 38120, July 3, 2008View · Redline (sign in)
Sep 1, 2017Feb 23, 2020eCFR amendment effective 2017-09-01 run 2673 FR 38120, July 3, 2008View · Redline (sign in)
Feb 24, 2020Mar 24, 2020eCFR amendment effective 2020-02-24 run 2673 FR 38120, July 3, 2008View · Redline (sign in)
Mar 25, 2020currenteCFR editorial change effective 2020-03-25 run 285 FR 10284, Feb. 24, 2020View · Redline (sign in)
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