§2620 Procedural Rights of Persons Subject to Plan

Summary

A person covered by a plan can file a written petition with the Secretary saying the plan, a plan rule, or an obligation tied to it is not lawful and asking to change it or be excused. The person must be given a hearing under rules the Secretary sets, and the Secretary will issue a decision that is final if it follows the law. To challenge that decision, the person can sue in the U.S. district court where they live or do business, but they must file the complaint within twenty days after the decision. Give a copy of the complaint to the Secretary. If the court finds the decision unlawful, it sends the case back to the Secretary and tells the Secretary either to issue the lawful decision the court says or to take further steps the court requires. Having a petition or court case pending does not stop the United States or the Secretary from getting relief under section 2621(a).