§ 64.634   Procedures where the Fund has not yet reimbursed the provider.

   (a) This section shall only apply after an iTRS user or iTRS provider
   has complained to or notified the Commission that an allegedly
   unauthorized change, as defined by § 64.601(a) of this part, has
   occurred, and the TRS Fund (Fund), as defined in § 64.604(c)(5)(iii) of
   this part, has not reimbursed the allegedly unauthorized default
   provider for service attributable to the iTRS user after the allegedly
   unauthorized change occurred.

   (b) An allegedly unauthorized provider shall identify to the Fund
   administrator all minutes submitted by the allegedly unauthorized
   provider to the Fund for reimbursement that are attributable to the
   iTRS user after the allegedly unauthorized change of default provider,
   as defined by § 64.601(a) of this part, is alleged to have occurred.

   (c) If the Commission determines that an unauthorized change, as
   defined by § 64.601(a) of this part, has occurred, the Commission shall
   direct the Fund administrator to not reimburse for any minutes
   attributable to the iTRS user after the unauthorized change occurred,
   and neither the authorized nor the unauthorized default provider may
   seek reimbursement from the fund for those charges. The remedies
   provided in this section are in addition to any other remedies
   available by law.

   (d) If the Commission determines that the default provider change was
   authorized, the default provider may seek reimbursement from the Fund
   for minutes of service provided to the iTRS user.

   [ 78 FR 40609 , July 5, 2013]

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