[Code of Federal Regulations]
[Title 29, Volume 9]
[Revised as of July 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 29CFR4003.1]

[Page 753-754]
 
                             TITLE 29--LABOR
 
            CHAPTER XL--PENSION BENEFIT GUARANTY CORPORATION
 
PART 4003_RULES FOR ADMINISTRATIVE REVIEW OF AGENCY DECISIONS--Table 
of Contents
 
                      Subpart A_General Provisions
 
Sec. 4003.1  Purpose and scope.




                      Subpart A_General Provisions

Sec.
4003.1 Purpose and scope.
4003.2 Definitions.
4003.3 PBGC assistance in obtaining information.
4003.4 Extension of time.
4003.5 Non-timely request for review.
4003.6 Representation.
4003.7 Exhaustion of administrative remedies.
4003.8 Request for confidential treatment.
4003.9 Method and date of filing.
4003.10 Computation of time.

                    Subpart B_Initial Determinations

4003.21 Form and contents of initial determinations.
4003.22 Effective date of determinations.

           Subpart C_Reconsideration of Initial Determinations

4003.31 Who may request reconsideration.
4003.32 When to request reconsideration.
4003.33 Where to submit request for reconsideration.
4003.34 Form and contents of request for reconsideration.
4003.35 Final decision on request for reconsideration.

                    Subpart D_Administrative Appeals

4003.51 Who may appeal or participate in appeals.
4003.52 When to file.
4003.53 Where to file.
4003.54 Contents of appeal.
4003.55 Opportunity to appear and to present witnesses.
4003.56 Consolidation of appeals.
4003.57 Appeals affecting third parties.
4003.58 Powers of the Appeals Board.
4003.59 Decision by the Appeals Board.
4003.60 Referral of appeal to the Executive Director.
4003.61 Action by a single Appeals Board member.

    Authority: 29 U.S.C. 1302(b)(3).

    Source: 61 FR 34012, July 1, 1996, unless otherwise noted.

[[Page 754]]



    (a) Purpose. This part sets forth the rules governing the issuance 
of all initial determinations by the PBGC on cases pending before it 
involving the matters set forth in paragraph (b) of this section and the 
procedures for requesting and obtaining administrative review by the 
PBGC of those determinations. Subpart A contains general provisions. 
Subpart B sets forth rules governing the issuance of all initial 
determinations of the PBGC on matters covered by this part. Subpart C 
establishes procedures governing the reconsideration by the PBGC of 
initial determinations relating to the matters set forth in paragraphs 
(b)(1) through (b)(4). Subpart D establishes procedures governing 
administrative appeals from initial determinations relating to the 
matters set forth in paragraphs (b)(5) through (b)(10).
    (b) Scope. This part applies to the following determinations made by 
the PBGC in cases pending before it and to the review of those 
determinations:
    (1) Determinations that a plan is covered under section 4021 of 
ERISA;
    (2) Determinations with respect to premiums, interest and late 
payment penalties pursuant to section 4007 of ERISA;
    (3) Determinations with respect to voluntary terminations under 
section 4041 of ERISA, including--
    (i) A determination that a notice requirement or a certification 
requirement under section 4041 of ERISA has not been met,
    (ii) A determination that the requirements for demonstrating 
distress under section 4041(c)(2)(B) of ERISA have not been met, and
    (iii) A determination with respect to the sufficiency of plan assets 
for benefit liabilities or for guaranteed benefits;
    (4) Determinations with respect to allocation of assets under 
section 4044 of ERISA, including distribution of excess assets under 
section 4044(d);
    (5) Determinations that a plan is not covered under section 4021 of 
ERISA;
    (6) Determinations under section 4022 (a) or (c) or section 4022A(a) 
of ERISA with respect to benefit entitlement of participants and 
beneficiaries under covered plans and determinations that a domestic 
relations order is or is not a qualified domestic relations order under 
section 206(d)(3) of ERISA and section 414(p) of the Code;
    (7) Determinations under section 4022 (b) or (c), section 4022A (b) 
through (e), or section 4022B of ERISA of the amount of benefits payable 
to participants and beneficiaries under covered plans;
    (8) Determinations of the amount of money subject to recapture 
pursuant to section 4045 of ERISA;
    (9) Determinations of the amount of liability under section 
4062(b)(1), section 4063, or section 4064 of ERISA;
    (10) Determinations--
    (i) That the amount of a participant's or beneficiary's benefit 
under section 4050(a)(3) of ERISA has been correctly computed based on 
the designated benefit paid to the PBGC under section 4050(b)(2) of 
ERISA, or
    (ii) That the designated benefit is correct, but only to the extent 
that the benefit to be paid does not exceed the participant's or 
beneficiary's guaranteed benefit.
    (c) Matters not covered by this part. Nothing in this part limits--
    (1) The authority of the PBGC to review, either upon request or on 
its own initiative, a determination to which this part does not apply 
when, in its discretion, the PBGC determines that it would be 
appropriate to do so, or
    (2) The procedure that the PBGC may utilize in reviewing any 
determination to which this part does not apply.