29.407—Competing claimants.
(a)
Competing claimants are
applicants for survivor benefits based on the
service of a participant when—
(b)
(1)
When a competing claimant files a
request for reconsideration under this section,
the other competing claimants shall be notified of
the request and given an opportunity to submit
written substantiation of their claim.
(2)
When the Benefits Administrator receives an
application from a competing claimant(s) before
any payments are made based upon the service of
the participant, and an initial determination of
benefits in favor of one claimant adversely
affects another claimant, all known claimants
concerned will be notified in writing of that
decision and those adversely affected will be
given an opportunity to request reconsideration
under the procedures and time limitations set
forth in § 29.404(c). The Benefits Administrator
must not execute its decision until the time limit
for filing a request for reconsideration has
expired, or, if a reconsideration decision is
made, until the time limit for filing an appeal to
the Department has expired or the Department has
issued a final decision on a timely appeal,
whichever is later.
(3)
When the Benefits Administrator does not
receive an application from a competing
claimant(s) until after another person has begun
to receive payments based upon the service of the
participant, the payments will continue until the
time limit for filing a request for
reconsideration has expired, or, if a
reconsideration decision is made, until the time
limit for filing an appeal to the Department has
expired or the Department has issued a final
decision on a timely appeal, whichever is
later.