[Code of Federal Regulations]
[Title 5, Volume 3]
[Revised as of January 1, 2001]
From the U.S. Government Printing Office via GPO Access
[CITE: 5CFR1605.6]

[Page 194-195]
 
                    TITLE 5--ADMINISTRATIVE PERSONNEL
 
         CHAPTER VI--FEDERAL RETIREMENT THRIFT INVESTMENT BOARD
 
PART 1605--CORRECTION OF ADMINISTRATIVE ERRORS--Table of Contents
 
                   Subpart B--Employing Agency Errors
 
Sec. 1605.6  Procedures for claims against employing agencies; time limitations.

    (a) Agency procedures. Each employing agency must establish 
procedures for participants to submit claims for correction under this 
subpart. Each employing agency's procedures must include the following:
    (1) The employing agency will provide the participant with a 
decision on any claim within 30 days of receipt of the claim unless the 
employing agency provides the participant with good cause for requiring 
a longer period to decide the claim. Any decision to deny a claim in 
whole or in part must be in writing and must include the reasons for the 
denial (including citations to any applicable statutes, regulations or 
procedures), a description of any additional material that would enable 
the participant to perfect his or her claim, and a statement of the 
steps to be taken to appeal the denial.
    (2) The employing agency must permit a participant at least 30 days 
to appeal the employing agency's denial of all or any part of his or her 
claim for

[[Page 195]]

correction under this subpart. The appeal must be in writing and 
addressed to the agency official designated in the initial denial 
decision or in procedures promulgated by the agency. The participant may 
include with his or her appeal any documentation or comments that the 
participant deems relevant to the claim.
    (3) The employing agency must issue a written decision on a timely 
filed appeal within 30 days of receipt of the appeal unless the 
employing agency provides the participant with good cause for taking a 
longer period to decide the appeal. The employing agency decision must 
include the reasons for the decision, as well as citations to any 
applicable statutes, regulations, or procedures.
    (4) If the agency decision on the appeal is not issued in a timely 
manner, or if the appeal is denied in whole or in part, the participant 
will be deemed to have exhausted his or her administrative remedy and 
will be eligible to file suit against the employing agency under 5 
U.S.C. 8477. There is no administrative appeal to the Board of a final 
agency decision.
    (b) Time limit for filing claims. (1)(i) Upon discovery of 
administrative errors, employing agencies are required to promptly 
correct those errors under this subpart, regardless of whether a claim 
for correction is received from the affected participant. If an error 
has not been corrected by the employing agency, the affected participant 
may file a claim for correction with his or her employing agency. The 
claim must be filed within one year of the earlier of:
    (A) Receipt of a pay stub, earnings and leave statement, or other 
document reflecting the error; or
    (B) The close of the first TSP election period following the 
participant's receipt of a TSP Participant Statement reflecting the 
error.
    (ii) For purposes of paragraphs (b)(1)(i)(A) and (b)(1)(i)(B) of 
this section, in the case of a participant who has been improperly 
classified as to retirement coverage, the receipt of a document 
indicating the participant's retirement code classification is not, in 
and of itself, sufficient to notify the participant that his or her 
retirement classification is incorrect. However, receipt of a document 
indicating a change in retirement code classification, in addition to a 
written notice to the participant that the change may have implications 
for his or her TSP account, may be deemed by an employing agency to be 
sufficient to advise the participant that his or her retirement 
classification had been incorrect prior to the change. The one-year time 
limit will not commence with respect to retirement coverage 
misclassification errors unless and until the participant receives a 
written notice of the error that specifically mentions the TSP.
    (2) If a participant fails to file a claim for correction of an 
administrative error in a timely manner (or fails to appeal a denial of 
a claim in a timely manner) under paragraph (b)(1) of this section, the 
agency may still correct any administrative error that is brought to or 
comes to its attention.