Subchapter III. Determinations and Review of Eligibility and Payments; Information Sharing.

§ 1–805.01. Determination of eligibility for and amount of Federal benefit payments made by Trustee.

Notwithstanding any provision of a District Retirement Program or any other law, rule, or regulation, the Trustee:

(1) Shall determine whether an individual is eligible to receive a Federal benefit payment under this chapter;

(2) Shall determine the amount and form of an individual’s Federal benefit payment under this chapter; and

(3) May recoup or recover, or waive recoupment or recovery of, any amounts paid under this chapter as a result of errors or omissions by the Trustee, the District Government, or any other person.

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

(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.

§ 1–805.03. Transfer of and access to records of District Government.

(a) In general. — Within 30 days after the Secretary or the Trustee requests, the District Government shall furnish copies of all records, documents, information, or data the Secretary or the Trustee deems necessary to carry out responsibilities under this chapter and the contract. Upon request, the District Government shall grant the Secretary or the Trustee direct access to such information systems, records, documents, information or data as the Secretary or Trustee requires to carry out responsibilities under this chapter or the contract.

(b) Repayment by District Government. — The District Government shall reimburse the Trust Fund for all costs, including benefit costs, that are attributable to errors or omissions in the transferred records that are identified within 3 years after such records are transferred.

§ 1–805.04. Federal information sharing for verification of benefit determinations.

(a) In general. — Except with respect to taxpayer returns and return information subject to § 6103 of the Internal Revenue Code of 1986, the Secretary may:

(1) Secure directly from any department or agency of the United States information necessary to enable the Secretary to verify or confirm benefit determinations under this chapter; and

(2) By regulation authorize the Trustee to review such information for purposes of administering this chapter and the contract.

(b) Omitted.

(c) Confidentiality. — The Secretary may issue regulations governing the confidentiality of the information obtained pursuant to subsection (a) of this section and the provisions of law amended by § 11024(b) of the District of Columbia Retirement Protection Act of 1997.

(Aug. 5, 1997, 111 Stat. 721, Pub. L. 105-33, § 11024.)

Prior Codifications

1981 Ed., § 1-763.4.

References in Text

Section 6103 of the Internal Revenue Code of 1986, referred to in the introductory paragraph of (a), is 26 U.S.C § 6103.

Section 11024(b) of the District of Columbia Retirement Protection Act of 1997, referred to in (c), is § 11024(b) of subtitle A of Title XI of Pub. L. 105-33, 111 Stat. 715.

Editor's Notes

Amendments to Internal Revenue Code: For amendments to the Internal Revenue Code related to District of Columbia Retirement Programs, see § 11024(b) of Title XI of Pub. L. 105-33, 111 Stat. 721, the National Capital Revitalization and Self-Government Improvement Act of 1997.