C.F.R. » Title 31 » PART 29—FEDERAL BENEFIT PAYMENTS UNDER CERTAIN DISTRICT OF COLUMBIA RETIREMENT PROGRAMS › Subpart D—Claims and Appeals Procedures

31 C.F.R. § 29.404

Initial benefit determinations and reconsideration by the Benefits Administrator

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(a) Initial benefit determinations. The Benefits Administrator will process applications for Federal Benefit Payments and determine the eligibility for and the amount and form of Federal Benefit Payments. All initial benefit determination decisions which may reasonably be construed as a denial (in whole or part) of a claim for Federal Benefit Payments must be in writing, must advise claimants of their right to request reconsideration under paragraph (b), of this section and must state the time limits applicable to such a request.

(b) Claimant's right to reconsideration of benefit denials. (1) Except as provided in paragraph (b)(2) of this section, claimants who disagree with the amount or form of a Federal Benefit Payment determination and wish to contest the determination must first request the Benefits Administrator to reconsider its determination.

(2) A decision to collect a debt is not a denial of a benefit claim under this section.

(c) Form and timing of requests for reconsideration. (1) A request for reconsideration must be in writing, must include the claimant's name, address, date of birth and claim number, if applicable, and must state the basis for the request.

(2) A request for reconsideration must be received by the Benefits Administrator within 30 calendar days from the date of the written notice of the initial benefit determination.

(d) Reconsideration decisions. A reconsideration decision by the Benefits Administrator denying (in whole or part) a claim for a Federal Benefit Payment must—

(1) Be in writing;

(2) Provide adequate notice of such denial, setting forth the specific reason for the denial in a manner calculated to be understood by the average participant; and

(3) Provide notice of the right to appeal the Benefit Administrator's decision to the Department, the address to which such an appeal must be submitted, and the time limits applicable to such an appeal.

(e) Appeal of reconsideration decisions. The Department will review an appeal of a reconsideration decision under § 29.405.

Notes of Decisions
Cited in 5 cases, 2012–2019 · leading case: Alston v. Geithner, 950 F. Supp. 2d 140 (D.D.C. 2013).
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Alston v. Geithner, 950 F. Supp. 2d 140 (D.D.C. 2013). “See 31 C.F.R. § 29.404 (b)-(d). Additionally, if the benefits were earned prior to 1997, an individual whose claim has been denied by the DCRB may appeal that decision to the Department of Treasury.”
Miley v. US Dep't of Treasury, 42 F. Supp. 3d 165 (D.D.C. 2014). “31 C.F.R. § 29.404 (b)-(d). In addition, participants with service accrued on or before June 30, 1997, and whose claim for a Federal Benefit Payment has been denied by DCRB through the reconsideration process may appeal to Treasury’s Office of D.”
Vincent v. Geithner, 890 F. Supp. 2d 8 (D.D.C. 2012). · cites it 2× “The initial benefit determination letter also provided plaintiff with sixty days to seek reconsideration of the Benefits Administrator’s determination, per 31 C.F.R. § 29.404 , which she did on March 2, 2012.”
Zoglio v. Mnuchin (D.D.C. 2018). · cites it 2× “The relevant regulations provide for the processing of claims by a “Benefits Administrator,” 31 C.F.R. § 29.404 (a), a role apparently filled by the District of Columbia 2 The DCRPA was subsequently amended by the District of Columbia Retirement Protection Improvement Act of…”
Johnson v. Mnuchin (D.D.C. 2019). “See 31 C.F.R. § 29.404 (b)–(d). If she disagrees with the reconsideration determination, she may file an appeal with ODCP.”
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