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The
Pension Benefit Guaranty Corporation
(PBGC), a federal corporation created by the Employee Retirement Income Security Act of 1974, has added to its website an inventory of
full-text decisions rendered by the Appeals Board since October 1, 2002. Appeals may be decided by a panel of three Appeals Board
members or by a single Appeals Board member. See
29 Code of Federal Regulations § 4003.61,
Rules for Administrative Review of Agency Decisions.
PBGC’s searchable
Database of Appeals Board Decisions
currently includes about 140 three-member decisions redacted for public viewing. Three member decisions are generally those considered
significant or relevant to a large number of participants in terminated pension plans administered by PBGC. Single member decisions are
not posted. You can search by topic (click on “Decision Topics” under the search box) as well as date and keyword
(click on “Advanced Search”). Search instructions are available in PDF format.
“The Appeals Board issues decisions that resolve specific disputes involving individual parties. While the decisions may be helpful
in understanding the positions of the agency, they are not binding on other parties. Additionally, PBGC cautions that each appeal is
decided based on its own individual facts, and therefore the holding in a particular case may not be applicable to another appeal
that may involve a different factual situation.
PBGC notes that Appeals Board decisions are part of a Privacy Act system of records and therefore personal identifiers are deleted
from the decisions posted on its website.”
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