§ 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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