§  64.635   Procedures where the Fund has already reimbursed the provider.

   (a) The procedures in this section shall only apply after an iTRS user
   or iTRS provider has complained to or notified the Commission that an
   unauthorized change, as defined by § 64.601(a) of this part, has
   occurred, and the Fund has reimbursed the allegedly unauthorized
   default provider for minutes of service provided to the iTRS user.

   (b) If the Commission determines that an unauthorized change, as
   defined by § 64.601(a) of this part, has occurred, it shall direct the
   unauthorized default provider to remit to the Fund an amount equal to
   100% of all payments the unauthorized default provider received from
   the Fund for minutes attributable to the iTRS user after the
   unauthorized change occurred. The remedies provided in this section are
   in addition to any other remedies available by law.

   [ 78 FR 40609 , July 5, 2013]