34 Tex. Admin. Code § 87.23 - Grievance Procedure
(a) Any person
participating in the deferred compensation plan, who is denied payment of
benefits, may request the plan administrator or its designee to reconsider the
claim. Any additional documentation in support of the claim may be submitted
with the request for reconsideration. If the claim is again denied, the claim,
accompanied by all related documents and copies of correspondence with the plan
administrator or its designee, may be submitted by the person to the executive
director of the Employees Retirement System of Texas for review. A request for
review must be filed by the person in writing within 90 days from the date the
plan administrator or its designee formally denies the claim and mails notice
of this denial and right of appeal to the person.
(b) Any person with a grievance regarding
eligibility or other matters involving the program may submit a written request
to the executive director to make a determination on the matter in
dispute.
(c) When the executive
director reviews any matter arising under this section, all of the available
information will be considered. When the executive director completes the
review and makes a decision, all parties involved will be notified in writing
of the decision.
(d) Any person
that does not accept the executive director's decision may appeal the decision
to the board. A notice of appeal to the board must be filed in writing 30 days
from the date the executive director's decision is mailed by certified
mail.
(e) Appeals to the board will
be processed under the provisions of Chapter 67 of this title (relating to
Hearings and Disputed Claims) and the Administrative Procedure Act, Title 10,
Subtitle A, Texas Government Code.
(f) As used in this section, the term
"person" includes any duly authorized representative of such person.
(g) In computing time under this section, the
day after any mailing by the plan administrator or its designee or the
executive director shall be counted as the first day of the time period. A
document is considered to be filed with the executive director when it is
received by the executive director or when it is postmarked, whichever is
earlier.
Notes
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