29 C.F.R. § 4003.7

Exhaustion of administrative remedies

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Except as provided in § 4003.22(b), a person aggrieved by an initial determination of PBGC covered by this part, other than an initial determination subject to reconsideration that is issued by a Department Director, has not exhausted his or her administrative remedies until he or she has filed a request for reconsideration under subpart C of this part or an appeal under subpart D of this part, whichever is applicable, and a decision granting or denying the relief requested has been issued.

[61 FR 34012, July 1, 1996, as amended at 85 FR 10283, 10284, Feb. 24, 2020]
Notes of Decisions
Cited in 3 cases (1 in the last 5 years), 2003–2021 · leading case: Boivin v. US Airways, Inc., 297 F. Supp. 2d 110 (D.D.C. 2003).
Boivin v. US Airways, Inc., 297 F. Supp. 2d 110 (D.D.C. 2003). “8 See 29 C.F.R. § 4003.7 . The central issue relating to the merits of plaintiffs’ claim is whether PBGC has a fiduciary duty to correct mistakes made by U.”
Furfari v. Pension Benefit Guarantee Corp. (D.D.C. 2021). “See 29 C.F.R. § 4003.7 (setting forth agency requirement only for exhaustion of administrative remedies); Davis v.”
Deppenbrook v. Pension Benefit Guar. Corp. (D.D.C. 2011). “29 C.F.R. § 4003.7 . Plaintiffs argue that they should be excused from exhausting administrative remedies because those Plaintiffs that did appeal were afforded no meaningful right to be heard on the issues so any appeal would be futile.”
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