[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: 5CFR1606.14]

[Page 205-206]
 
                    TITLE 5--ADMINISTRATIVE PERSONNEL
 
         CHAPTER VI--FEDERAL RETIREMENT THRIFT INVESTMENT BOARD
 
PART 1606--LOST EARNINGS ATTRIBUTABLE TO EMPLOYING AGENCY ERRORS--Table of Contents
 
             Subpart F--Participant Claims For Lost Earnings
 
Sec. 1606.14  Employing agency procedures.


    (a) Each employing agency must provide procedures for participants 
to file claims for lost earnings under this part. The employing agency 
procedures must include the following provisions:
    (1) The employing agency shall review each claim and provide the 
participant with a decision within 30 days of its receipt of the 
participant's written claim. The employing agency's decision to deny a 
claim in whole or in part shall be in writing and shall contain the 
following information--
    (i) The employing agency's determination on the claim and the 
reasons for it, including any appropriate references to applicable 
statutes or regulations;
    (ii) A description of any additional material or information which, 
if provided to the employing agency, would enable the employing agency 
to grant the participant's claim; and
    (iii) A description of the steps the participant must take if he or 
she wishes to appeal and initial denial of the claim, including the name 
and title of the employing agency official to whom the appeal may be 
taken;
    (2) Within 30 days of receipt of the employing agency decision 
denying the claim, a participant may appeal the employing agency 
decision. The appeal must be in writing and must be addressed to the 
employing agency official designated in the initial employing agency 
decision. The appeal may contain any documents and comments

[[Page 206]]

that the employee deems relevant to the claim;
    (3) The employing agency must take a decision on the participant's 
appeal not later than 30 days after it receives the appeal. The agency's 
decision on the appeal must be written in an understandable manner and 
must include the reasons for the decision as well as any appropriate 
references to applicable statutes and regulations. If the decision on 
the employee's appeal is not made within this 30-day time period, or if 
the appeal is denied in whole or in part, the participant will have 
exhausted his or her administrative remedy and will be eligible to file 
suit against the employing agency in the appropriate Federal district 
court pursuant to 5 U.S.C. 8477. There is no administrative appeal to 
the Board of an agency final decision.
    (b) Where it is determined that lost earnings resulted from an 
employing agency error, nothing in this part shall be deemed to preclude 
an employing agency from paying lost earnings in the absence of a claim 
from the employee.