The latest PBGC proposed regulations — the third set issued in less than a week — clarify procedures for requesting administrative review of agency decisions. The changes will not affect most plan sponsors, though employers contesting an unfavorable determination will have to follow the new procedures once the final rule takes effect. Comments are due Dec. 3.
The proposal would change which PBGC personnel perform a second review of certain agency decisions. The regulations provide for two types of review: reconsideration and appeal. In a reconsideration, a higher-level official within the same department that issued the initial determination reviews the request for reconsideration. In an appeal, the PBGC Appeals Board performs an independent review of the case. A single member of the board reviews routine cases, while a three-member panel reviews nonroutine cases.
Current regulations list which determinations are subject to reconsideration or appeal. The proposal would reorganize this list by subjecting the following determinations to appeal:
Additional proposed clarifications to the reconsideration and appeals process include: