29 C.F.R. § 4003.21
Form and contents of initial determinations
All initial determinations to which this subpart applies will be in writing, will state the reason for the determination, and, except when effective on the date of issuance as provided in § 4003.22(b), will contain notice of the right to request review of the initial determination pursuant to subpart C or D of this part, as applicable, and a brief description of the procedures for requesting review.
Notes of Decisions
Cited in 11
cases, 1998–2014 · leading case: Boivin, Charles v. US Airways, Inc., 446 F.3d 148 (D.C. Cir. 2006).
Boivin, Charles v. US Airways, Inc., 446 F.3d 148 (D.C. Cir. 2006). “” 29 C.F.R. § 4003.21 . “Any person aggrieved by” such “an initial determination” may file an appeal to the PBGC Appeals Board.”
Vanderkam v. Pension Benefit Guar. Corp., 943 F. Supp. 2d 130 (D.D.C. 2013). “4 In February 2009, John formally requested an “initial determination” from PBGC, under 29 C.F.R. §§ 4003.21 and 4003.51, “concerning its change to [his] beneficiary designation for the survivor portion of his annuity retirement benefits.”
Davis v. Pension Benefit Guar. Corp., 864 F. Supp. 2d 148 (D.D.C. 2012). “See 29 C.F.R. §§ 4003.21 , 4003.51. A decision that the PBGC Appeals Board renders constitutes PBGC’s final agency action.”
United Steel, Paper & Forestry, Rubber, Mfg., Energy, Allied Indus. & Serv. Workers Int'l Union v. Pension Benefit Guar. Corp., 839 F. Supp. 2d 232 (D.D.C. 2012). “29 C.F.R. §§ 4003.21 , 4003.51. A decision by the Appeals Board constitutes the PBGC’s final agency action, 29 C.”
Burmeister v. Pension Benefit Guar. Corp., 943 F. Supp. 2d 83 (D.D.C. 2013). “See 29 C.F.R. § 4003.21 (stating PBGC’s role in provision of benefits).”
Montgomery v. Pension Benefit Guar. Corp., 601 F. Supp. 2d 139 (D.D.C. 2009). “See 29 C.F.R. §§ 4003.21 , 4003.51. “In reaching its decision, the Appeals Board shall consider those portions of the file relating to the initial determination, all material submitted by the appellant and any third parties in connection with the appeal, and any additional…”
Lewis v. Pension Benefit Guar. Corp., 40 F. Supp. 3d 147 (D.D.C. 2014). “See 29 C.F.R. §§ 4003.21 , 4003.51. The Appeals Board decision “constitutes the final agency action by the PBGC with respect to the determination which was the subject of the appeal,” id.”
Pension Benefit Guar. Corp. v. Carter & Tillery Enter., 133 F.3d 1183 (9th Cir. 1998). “29 C.F.R. §§ 4003.21 , 4003.31, 4003.51. The initial determination does not become effective until the time for filing an appeal has elapsed or the PBGC has made a decision on a request for review.”
Deleon v. U.S. Airways, Inc. (D.D.C. 2014). “Participants may challenge such determinations before the PBGC Appeals Board, see 29 C.F.R. §§ 4003.21 , 4003.51, and “[t]he decision of the Appeals Board constitutes the final agency action by the PBGC with respect to the determination which was the subject of the appeal,” id.”
United Steel, Paper & Forestry, Rubber, Mfg., Energy, Allied Indus. & Serv. Workers Int'l Union, Afl-Cio-Clc v. Pension Benefit Guar. Corp. (D.D.C. 2012). “29 C.F.R. §§ 4003.21 , 4003.51. A decision by the Appeals Board constitutes the PBGC’s final agency action, 29 C.”
Deppenbrook v. Pension Benefit Guar. Corp. (D.D.C. 2011). “” 29 C.F.R. § 4003.21 . The regulations allow any 6 person “aggrieved” by the initial determination to file an appeal to the PBGC Appeals Board.”
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