nicorclaimsproceduresnonqual.htm


    Nicor Inc.

    Form 8-K

    Exhibit 10.10

     

    


      NICOR CLAIMS PROCEDURES FOR
NONQUALIFIED PLANS

       

      


       

      The Nicor
Claims Procedures for Nonqualified Plans (the “Claims Procedures”)
is the policy governing the administration of claims for benefits brought under
the various nonqualified deferred compensation plans maintained by Nicor Inc.
(“Nicor”) or Northern Illinois Gas Company (“Nicor Gas”) which reference the
policy (the “plans”).  The
Compensation Committees of Nicor and Nicor Gas, administrators of the plans, as
applicable, (the “Committee”) use the Claims Procedures in order to ensure a
timely and fair process through which the Committee exercises its discretion to
settle claims.  Both Participants and Beneficiaries may avail
themselves of the Claims Procedures.

       

      The
decision of the Committee shall be conclusive, final and binding in all respects
on all parties, including the Company and the Participant or Beneficiary
bringing the claim (such Participant or Beneficiary being referred to herein as
“Claimant”).  Benefits
shall be paid only if the Committee determines that the Claimant is entitled to
them.  No action at law or in equity may be brought for any benefits
under the plans until after the appeal rights herein provided have been
exhausted and the plan benefits requested in such appeal have been denied in
whole or in part.  Any such action must be brought within 90 days of
the Committee’s final determination under these Claims Procedures.

       

      Any
capitalized terms not herein defined shall have the meanings ascribed to them
under the applicable plan.

       

      Claims For
Benefits

      


      The
Committee shall determine the Participants’ and Beneficiaries’ rights to
benefits under the plan.  Except as to their own benefits, claimants
shall not have any legal right to inquire as to any payment under the plan
having been made or as to determining the amount of such payment.  Any
Claimant may file a written request for a determination with respect to such
Claimant’s rights to benefits under the applicable plan.  The claim
must state with particularity the determination desired by the Claimant and the
plan to which it refers.

      


      Requirements For Notice Of
Denial

      


      If a
claim is wholly or partially denied, the Committee shall provide the Claimant
with a notice of denial written in a manner calculated to be understood by the
Claimant, setting forth:

      


      
        	
                1.  

              	
                The
      specific reason for such denial;

              


      

      


      
        	
                2.  

              	
                Specific
      references to the pertinent plan provisions on which the denial is
      based;

              


      

      


      
        	
                3.  

              	
                A
      description of any additional material or information necessary for the
      claimant to perfect the claim with an explanation of why such material or
      information is necessary;

              


      

      
         

      

      
        
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                4.  

              	
                Appropriate
      information as to the steps (including time limits applicable to such
      steps) to be taken if the Claimant wishes to submit his or her claim for
      review; and

              


      

      


      
        	
                5.  

              	
                Statement
      of the Claimant’s rights to bring a civil action following an adverse
      determination upon review.

              


      

      


      Timing Of Notification Of
Denial

      


      The
notice of denial shall be given within a reasonable time period but no later
than 90 days after the claim is filed, unless special circumstances require an
extension of time for processing the claim.  If such extension is
required, written notice shall be furnished to the claimant within 90 days of
the date the claim was filed stating the special circumstances requiring an
extension of time and the date by which a decision on the claim can be expected,
which shall be no more than 180 days from the date the claim was
filed.  If no notice of denial is provided as herein described, the
claimant may appeal the claim as though the claim had been denied.

      


      Claim For Appeal Must Be
Submitted Within 60 Days

      


      A
Claimant may file a written appeal of any denied claim with the Committee,
provided such appeal is filed within 60 days of the date the initial claim is
denied.  In connection with the Claimant’s appeal of the denial of the
claim for benefits, the Claimant (or his authorized representative) may review
permanent documents and may submit issues and comments regarding the claim in
writing.

      


      Time Limit On Review Of
Denied Claim

      


      Upon
receipt of an appeal, the Committee shall provide written notification of its
decision to the Claimant stating the specific reasons and referencing specific
plan provisions on which its decision is based, within a reasonable time period
but not later than 60 days after receiving the appeal, unless special
circumstances require an extension for processing the appeal.  If such
an extension is required, the Committee shall notify the Claimant in writing of
such special circumstances and of the date, no later than 120 days after the
original date the appeal was filed, on which the Committee will notify the
Claimant of its decision.

      


      Claimant’s Rights During
Appeal

      


      Claimant
will have a reasonable opportunity for a full and fair review of a claim and
adverse benefit determination, including the following:

      


      
        	
                1.  

              	
                Claimant
      has the opportunity to submit written comments, documents, records, and
      other information relating to the claim for
  benefits;

              


      

      


      
        	
                2.  

              	
                Claimant
      shall be provided, upon request and free of charge, reasonable access to,
      and copies of, all documents, records, and other information relevant to
      the claimant’s claim for benefits.  A document is “relevant” if
      such document (A) was relied upon in making the benefit determination; (B)
      was submitted, considered, or generated in the course of making the
      benefit determination, without regard to whether such document, record, or
      other information was relied upon in making the benefit
  

              


      

      
         

      

      
        
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                  determination;
      (C) demonstrates compliance with the administrative processes and
      safeguards designed to ensure and to verify that benefit claim
      determinations are made in accordance with governing plan documents and
      that, where appropriate, the plan provisions have been applied
      consistently with respect to similarly situated claimants; or (D)
      constitutes a statement of policy or guidance with respect to the plan
      concerning the denied treatment option or benefit for the claimant’s
      diagnosis, without regard to whether such advice or statement was relied
      upon in making the benefit determination;
and

                


        

        


        	
                3.  

              	
                The
      claims procedure shall provide for a review that takes into account all
      comments, documents, records, and other information submitted by the
      claimant relating to the claim, without regard to whether such information
      was submitted or considered in the initial benefit
      determination.

              


      

      


      If an
appeal is wholly or partially denied, the Committee shall provide the claimant
with a notice of denial written in a manner calculated to be understood by the
claimant, setting forth:

      


      
        	
                1.  

              	
                The
      specific reason for such denial;

              


      

      


      
        	
                2.  

              	
                Specific
      references to the pertinent plan provisions on which the denial is
      based;

              


      

      


      
        	
                3.  

              	
                A
      statement that the Claimant is entitled to receive, upon request and free
      of charge, reasonable access to, and copies of, all documents, records,
      and other information relevant to the Claimant’s claim for
      benefits.  A document, record, or other information is relevant
      to a claim for benefits if such document, record, or other information:
      (A) was relied upon in making the benefit determination; (B) was
      submitted, considered, or generated in the course of making the benefit
      determination, without regard to whether such document, record, or other
      information was relied upon in making the benefit determination; (C)
      demonstrates compliance with the administrative processes and safeguards
      designed to ensure and to verify that benefit claim determinations are
      made in accordance with governing plan documents and that, where
      appropriate, the plan provisions have been applied consistently with
      respect to similarly situated claimants; or (D) constitutes a statement of
      policy or guidance with respect to the plan concerning the denied
      treatment option or benefit for the claimant’s diagnosis, without regard
      to whether such advice or statement was relied upon in making the benefit
      determination; and

              


      

      


      
        	
                4.  

              	
                A
      statement of the Claimant’s rights to bring an action under Section 502(c)
      of ERISA.

              


      

       

      
        
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