EXCHANGE ACT.
At such time as any Insider ceases to be subject to Section 16(a) reporting (and
any period contemplated by Rule 16a-2(b) has expired), this Section VI shall
cease to be applicable to such Participant.
B.
THIS SECTION VI SHALL BE AUTOMATICALLY
APPLICABLE TO ANY PERSON WHO, ON AND AFTER THE DATE HEREOF, BECOMES AN INSIDER.
FOR PURPOSES OF THE FOREGOING, THE EFFECTIVE DATE OF THIS SECTION SHALL BE THE
DATE THE PERSON BECOMES AN INSIDER.
C.
NOTWITHSTANDING ANYTHING IN THE PLAN TO
THE CONTRARY, (1) EXCEPT AS SET FORTH BELOW, CREDITS TO THE ACCOUNT OF AN
INSIDER PURSUANT TO SECTION V(D) MAY NOT BE MADE TO ANY SUBACCOUNT THAT REFLECTS
THE PERFORMANCE OF THE STOCK FUND, (2) CREDITS MADE PURSUANT TO SECTION V(D) TO
THE ACCOUNT OF AN INSIDER AT ANY TIME MAY NOT BE TRANSFERRED TO ANY BOOK
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RESERVE ACCOUNT OR SUBACCOUNT THAT REFLECTS THE PERFORMANCE OF THE STOCK FUND,
AND (3) CREDITS MADE TO AN INSIDER'S BOOK RESERVE ACCOUNT PURSUANT TO SECTION
V(D)(2) AT ANY TIME AND CREDITS TO THE ACCOUNT OF AN INSIDER PURSUANT TO SECTION
V(D) THAT WERE MADE TO A SUBACCOUNT THAT REFLECTS THE PERFORMANCE OF THE STOCK
FUND (WHICH CREDITS COULD ONLY HAVE BEEN MADE WHEN SUCH INDIVIDUAL WAS NOT AN
INSIDER) MAY NOT BE TRANSFERRED, WITHDRAWN, PAID OUT OR OTHERWISE CHANGED, OTHER
THAN (A) PURSUANT TO SECTION V(D)(1) OR (2) (BUT ONLY AT SUCH TIME AS SUCH
PERSON IS NO LONGER AN INSIDER), OR (B) PURSUANT TO THE FORFEITURE PROVISIONS
CONTAINED IN THE LAST SENTENCE OF SECTION V(B)(2).
D.
IT IS INTENDED THAT THE CREDITING OF
AMOUNTS TO THE ACCOUNTS OF INSIDERS THAT REPRESENTS THE PERFORMANCE OF THE STOCK
FUND IS INTENDED TO QUALIFY FOR EXEMPTION FROM SECTION 16 UNDER RULE 16B-3(D)
UNDER THE EXCHANGE ACT.
THE ADMINISTRATOR SHALL, WITH RESPECT TO INSIDERS,
ADMINISTER AND INTERPRET ALL PLAN PROVISIONS IN A MANNER CONSISTENT WITH SUCH
EXCLUSION.
VII.
CLAIMS PROCEDURES
A.
A PARTICIPANT OR BENEFICIARY WHO BELIEVES
THAT HE OR SHE IS BEING DENIED A BENEFIT TO WHICH HE OR SHE IS ENTITLED UNDER
THE PLAN MAY FILE A WRITTEN REQUEST FOR SUCH BENEFIT WITH THE ADMINISTRATOR,
SETTING FORTH HIS OR HER CLAIM FOR BENEFITS.
B.
THE ADMINISTRATOR SHALL REPLY TO ANY CLAIM
FILED UNDER SECTION VII(A) WITHIN NINETY (90) DAYS OF RECEIPT, UNLESS IT
DETERMINES TO EXTEND SUCH REPLY PERIOD FOR AN ADDITIONAL NINETY (90) DAYS FOR
REASONABLE CAUSE.
IF THE CLAIM IS DENIED IN WHOLE OR IN PART, SUCH REPLY SHALL
INCLUDE A WRITTEN EXPLANATION, USING LANGUAGE CALCULATED TO BE UNDERSTOOD BY THE
PARTICIPANT OR BENEFICIARY, SETTING FORTH:
(1)
THE SPECIFIC REASON OR REASONS FOR SUCH
DENIAL;
(2)
THE SPECIFIC REFERENCE TO RELEVANT
PROVISIONS OF THE PLAN ON WHICH SUCH DENIAL IS BASED;
(3)
A DESCRIPTION OF ANY ADDITIONAL MATERIAL OR
INFORMATION NECESSARY FOR THE PARTICIPANT OR BENEFICIARY TO PERFECT HIS OR HER
CLAIM AND AN EXPLANATION WHY SUCH MATERIAL OR SUCH INFORMATION IS NECESSARY;
(4)
APPROPRIATE INFORMATION AS TO THE STEPS TO
BE TAKEN IF THE PARTICIPANT