[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: 5CFR1605.8]

[Page 196-197]
 
                    TITLE 5--ADMINISTRATIVE PERSONNEL
 
         CHAPTER VI--FEDERAL RETIREMENT THRIFT INVESTMENT BOARD
 
PART 1605--CORRECTION OF ADMINISTRATIVE ERRORS--Table of Contents
 
               Subpart C--Board or TSP Recordkeeper Errors
 
Sec. 1605.8  Claims for correction of Board or TSP Recordkeeper errors; time limitations.

    (a) Filing claims. Claims for correction under this subpart may be 
submitted initially either to the TSP recordkeeper or the Board. The 
claim must be in writing and may be from the affected participant or 
beneficiary or from a representative of the participant or beneficiary. 
The written claim must state the basis for the claim.
    (b) Processing claims. (1) If the initial claim is submitted to the 
TSP recordkeeper, the TSP recordkeeper may either respond directly to 
the participant or the person making the claim on behalf of the 
participant, or may forward the letter to the Board for response. The 
decision whether the TSP recordkeeper should respond directly or forward 
the claim to the Board will be made in accordance with guidance and 
procedures established by the Board or, if no such specific guidance is 
available, in consultation with the Board's staff. If the TSP 
recordkeeper responds to a participant's claim, and all or any part of 
the participant's claim is denied, the participant may request review by 
the Board within 90 days of the date of the recordkeeper's response.
    (2) If the Board denies all or any part of a participant's claim 
(whether upon review of a TSP recordkeeper denial or upon an initial 
review by the Board), the participant will be deemed to have exhausted 
his or her administrative remedy and may file suit under 5 U.S.C. 8477. 
If the participant does not submit to the Board a request for review of 
a claim denial by the TSP Recordkeeper within the 90 days permitted

[[Page 197]]

under paragraph (b)(1) of this section, the participant shall not be 
deemed to have exhausted his or her administrative remedy.
    (c) Time limits for filing claims. (1)(i) Upon discovery of errors 
subject to correction under this subpart, the Board or TSP recordkeeper 
will promptly correct such errors in accordance with this subpart, 
regardless of whether a claim for correction is received from the 
affected participant. If an error has not been corrected by the Board or 
TSP recordkeeper, the affected participant must file a claim for 
correction within one year of the earlier of:
    (A) His or her 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 (c)(1)(i)(A) and (c)(1)(i)(B) of 
this section, in the case of a participant whose retirement coverage has 
been improperly classified, 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 code 
classification is incorrect.
    (2) If a participant fails in a timely manner to file a claim for 
correction (or fails in a timely manner to request reconsideration of a 
claim) under paragraph (c)(1) of this section, the Board or TSP 
recordkeeper may still correct any administrative error that is brought 
to or comes to its attention.