When you receive Pension Benefit Guaranty Corporation's ("PBGC") initial determination of your benefit, you have the right to appeal the determination, or any of the information PBGC used to make it.
How to File an Appeal
You must send your appeal to PBGC's Appeals Board. Your appeal must be postmarked by the U.S. Postal Service or received by the Appeals Board no later than 45 days after the date of PBGC's initial determination letter. An appeal must:
- be in writing;
- be clearly marked as an appeal;
- specifically state why you are appealing PBGC's determination and the result you are seeking; and
- refer to the relevant information you believe is known by PBGC and include any additional information that the Appeals Board should consider.
You May Request Additional Time to File Your Appeal
You may ask the Appeals Board for an extension of the filing deadline if you need more time to file your appeal. The appeal period will be suspended as of the date you file your request for an extension. Your request for more time must be in writing and must state why you need more time to file your appeal and how much more time you will need.
As with an appeal, your request must be postmarked by the U.S. Postal Service or received by the Appeals Board no later than 45 days after the date of PBGC's initial determination. The Appeals Board will grant an extension of time only upon a showing of good cause. If the Board denies the extension, the 45-day appeal period will resume as of the date of the denial.
Other Information You Should Include
To help the Appeals Board process your appeal or request for an extension of the filing deadline, you should include in your letter:
- your Social Security Number;
- the name of your pension plan;
- the PBGC case number assigned to your plan (this can be found at the top of your initial determination letter);
- your daytime telephone number (including the area code);
- the name and Social Security Number of the plan participant, if you are not the participant;
- a list of any information requests for which you are awaiting PBGC's response; and
- if possible, a copy of the PBGC initial determination letter and benefit statement.
Where to Send Appeals and Requests for Additional Time to File an Appeal
Send your appeal or request for a filing extension to:
- Appeals Board
- Pension Benefit Guaranty Corporation
- P.O. Box 15150
- Alexandria, VA 22315-1750
You may FAX your appeal or request for a filing extension to the Appeals Board at APPEALS BOARD FAX, 202/326-4091 or 202/326-4095. The Appeals Board will acknowledge your correspondence within one week of receipt.
Where to Get Information or Filing Assistance
If you have questions about how to file an appeal or a request for a filing extension, or would like information about your appeal, you may call the Appeals Board, toll-free, at 1-800-400-7242 or write to the Clerk of the Board at the above address. If you use a TTY/TDD, call toll-free 1-800-877-8339 and give the communications assistant the Appeals Board's toll-free number. You may also contact the Customer Contact Center by email at mypension@pbgc.gov (link sends e-mail). Please read PBGC's privacy policy before sending an email to PBGC.
You Do Not Need an Attorney to Represent You
You may act on your own behalf during the appeals process or you may have someone else represent you. You do not need an attorney to file an appeal. However, if you do select a representative and that person is not an attorney, you must send the Appeals Board a notarized power of attorney signed by you that specifically states the scope of his or her authority to act for you.
Hearings Before the Appeals Board
Appeals usually are decided without a hearing. Therefore, it is important that your appeal includes all of the facts you wish the Appeals Board to consider. The Board may request additional information without holding a hearing. However, the Board may grant you an opportunity to appear before it and to present witnesses on your behalf if the Board finds that there is a dispute over a material fact of your case or if you have requested such an opportunity in your appeal.
You Must Appeal Before You Can Go to Court
Review by the Appeals Board is the final step in PBGC's administrative review process. If you do not appeal PBGC's initial determination to the Appeals Board, you may not be able to obtain review by a court of law.
When PBGC's Benefit Determination Will Go into Effect
If you do not appeal, PBGC's initial benefit determination will take effect when the 45-day appeal period ends. If you do appeal, the determination will not take effect until the Appeals Board issues you a written decision. PBGC then will make any changes to your benefit ordered by the Appeals Board.
After Your Benefit Determination Has Taken Effect
PBGC may change your benefit if it discovers an error, but only under certain circumstances. PBGC will always change your benefit if correcting the error will increase your monthly benefit by $1.00 or more. PBGC will decrease your monthly benefit only if the error is $5.00 or more and usually only if the error is discovered within three years after the initial determination letter.
Reference
PBGC's "Rules for Administrative Review of Agency Decisions" can be found in Title 29, Code of Federal Regulations, Part 4003. (29 CFR 4003).
Checklist
- Is your appeal or request for more time and envelope properly addressed to the Appeals Board?
- Have you included your name, address, Social Security number, daytime telephone number, plan name, and PBGC case number?
- Does your letter clearly state that it is an appeal or request for an extension of time to appeal?
- Does your letter clearly state why you are appealing or requesting an extension of time?
- Have you included all information that applies to your appeal or request for an extension of time, including a copy of your PBGC initial determination letter and benefit statement?
- Have you included a notarized power of attorney if you are being represented by someone other than a lawyer?
- Is your appeal or request for more time postmarked, FAXed, e-mailed, or delivered to the Appeals Board no later than 45 days after the date of PBGC's initial determination letter?
***Article courtesy of Pension Benefit Guaranty Corporation***