§ 1-805.02. Procedures for resolving claims arising from denied benefit payments.

Current through October 23, 2012

(a) Requiring notice and opportunity for review. -- In accordance with procedures approved by the Secretary, the Trustee shall provide to any individual whose claim for a Federal benefit payment under this chapter has been denied in whole or in part:

(1) Adequate written notice of such denial, setting forth the specific reasons for the denial in a manner calculated to be understood by the average participant in the District Retirement Program; and

(2) A reasonable opportunity for a full and fair review of the decision denying such claim.

(b) Standard for review. -- Any factual determination made by the Trustee shall be presumed correct unless rebutted by clear and convincing evidence. The Trustee's interpretation and construction of the benefit provisions of the District Retirement Program and this chapter shall be entitled to great deference.

                
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(Aug. 5, 1997, 111 Stat. 720, Pub. L. 105-33, § 11022.)

HISTORICAL AND STATUTORY NOTES

Prior Codifications

1981 Ed., § 1-763.2.