Section 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.34 Tex. Admin. Code § 87.23
The provisions of this §87.23 adopted to be effective March 28, 1991, 16 TexReg 1560; amended to be effective January 5, 2003, 27 TexReg 12370