C.F.R. » Title 29 » CHAPTER XL—PENSION BENEFIT GUARANTY CORPORATION › SUBCHAPTER A—GENERAL › PART 4003—RULES FOR ADMINISTRATIVE REVIEW OF AGENCY DECISIONS › Subpart D—Administrative Appeals

29 C.F.R. § 4003.59

Decision by the Appeals Board

Read at: eCFRecfr.gov CornellLII GovInfogovinfo.gov CasesGoogle Scholar

(a) In reaching its decision, the Appeals Board will 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 information submitted by PBGC staff.

(b) The decision of the Appeals Board constitutes the final agency action by PBGC with respect to the initial determination which was the subject of the appeal and is binding on all parties who participated in the appeal and who were notified pursuant to § 4003.57 of their right to participate in the appeal.

(c) The decision of the Appeals Board will be in writing, specify the relief granted, if any, state the bases for the decision, including a brief statement of the facts or legal conclusions supporting the decision, and state that the appellant has exhausted his or her administrative remedies.

[61 FR 34012, July 1, 1996, as amended at 85 FR 10284, Feb. 24, 2020]
Notes of Decisions
Cited in 6 cases, 2006–2013 · leading case: Boivin, Charles v. US Airways, Inc., 446 F.3d 148 (D.C. Cir. 2006).
Sort: Relevance Newest Treatment
Boivin, Charles v. US Airways, Inc., 446 F.3d 148 (D.C. Cir. 2006). “See 29 C.F.R. § 4003.59 (c) (providing that the “decision of the Appeals Board shall be in writing, specify the relief granted, if any, [and] state the bases for the decision, including a brief statement of the facts or legal conclusions supporting the decision”).”
Sun Capital Partners III, LP v. New England Teamsters & Trucking Indus. Pension Fund, 724 F.3d 129 (1st Cir. 2013). “The PBGC's Appeals Board renders final agency decisions on various liability and benefit determinations in writing pursuant to 29 C.F.R. § 4003.59 . According to the PBGC’s website, only three-member decisions are made available on its website.”
Davis v. Pension Benefit Guar. Corp., 864 F. Supp. 2d 148 (D.D.C. 2012). “See 29 C.F.R. § 4003.59 (b). As Plaintiffs have done in the instant case, plan participants upset with PBGC’s final determination concerning their benefits under the plan may challenge that determination in federal court.”
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). “A decision by the Appeals Board constitutes the PBGC’s final agency action, 29 C.F.R. § 4003.59 (b), of which plan participants may seek judicial review.”
Burmeister v. Pension Benefit Guar. Corp., 943 F. Supp. 2d 83 (D.D.C. 2013). “An Appeals Board decision constitutes final agency action, see 29 C.F.R. § 4003.59 (b), and the appellant may seek judicial review of the Board's decision, see 29 U.”
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). “A decision by the Appeals Board constitutes the PBGC’s final agency action, 29 C.F.R. § 4003.59 (b), of which plan participants may seek judicial review.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.