ENTITLED TO
RECEIVE, UPON REQUEST AND WITHOUT CHARGE, REASONABLE ACCESS TO, AND COPIES OF,
ALL DOCUMENTS, RECORDS AND OTHER INFORMATION IN THE PLAN'S FILES WHICH IS
RELEVANT TO THE CLAIMANT'S CLAIM FOR BENEFITS;
(V)
A STATEMENT DESCRIBING THE CLAIMANT'S RIGHT
TO BRING AN ACTION FOR JUDICIAL REVIEW UNDER ERISA SECTION 502(A); AND
(VI)
IF AN INTERNAL RULE, GUIDELINE, PROTOCOL OR
OTHER SIMILAR CRITERION WAS RELIED UPON IN MAKING THE ADVERSE DETERMINATION ON
REVIEW, A STATEMENT THAT A COPY OF THE RULE, GUIDELINE, PROTOCOL OR OTHER
SIMILAR CRITERION WILL BE PROVIDED WITHOUT CHARGE TO THE CLAIMANT UPON REQUEST.
(C)
CALCULATION OF TIME PERIODS.
FOR PURPOSES
OF THE TIME PERIODS SPECIFIED IN THIS SECTION, THE PERIOD OF TIME DURING WHICH A
BENEFIT DETERMINATION IS REQUIRED TO BE MADE BEGINS AT THE TIME A CLAIM IS FILED
IN ACCORDANCE WITH THE PLAN PROCEDURES WITHOUT REGARD TO WHETHER ALL THE
INFORMATION NECESSARY TO MAKE A DECISION ACCOMPANIES THE CLAIM.
IF A PERIOD OF
TIME IS EXTENDED DUE TO A CLAIMANT'S FAILURE TO SUBMIT ALL INFORMATION
NECESSARY, THE PERIOD FOR MAKING THE DETERMINATION SHALL BE TOLLED FROM THE DATE
THE NOTIFICATION IS SENT TO THE CLAIMANT UNTIL THE DATE THE CLAIMANT RESPONDS.
(D)
FAILURE OF PLAN TO FOLLOW PROCEDURES.
IF THE
PLAN FAILS TO FOLLOW THE CLAIMS PROCEDURES REQUIRED BY THIS SECTION, A CLAIMANT
SHALL BE DEEMED TO HAVE EXHAUSTED THE ADMINISTRATIVE REMEDIES AVAILABLE UNDER
THE PLAN AND SHALL BE ENTITLED TO PURSUE ANY AVAILABLE REMEDY UNDER ERISA
SECTION 502(A) ON THE BASIS THAT THE PLAN HAS FAILED TO PROVIDE A REASONABLE
CLAIMS PROCEDURE THAT WOULD YIELD A DECISION ON THE MERITS OF THE CLAIM.
(E)
FAILURE OF CLAIMANT TO FOLLOW PROCEDURES.
A
CLAIMANT'S COMPLIANCE WITH THE FOREGOING PROVISIONS OF THIS ARTICLE VI IS A
MANDATORY PREREQUISITE TO THE CLAIMANT'S RIGHT TO COMMENCE ANY LEGAL ACTION WITH
RESPECT TO ANY CLAIM FOR BENEFITS UNDER THE PLAN.
ARTICLE VII
AMENDMENT
7.1
RIGHT TO AMEND.
The Board, by written
instrument, shall have the right to amend the Plan at any time and with respect
to any provisions hereof, and all parties hereto or claiming any interest
hereunder shall be bound by such amendment; provided, however, that no such
amendment shall deprive the Participant or any Beneficiary of a right accrued
hereunder prior to the date of the amendment, including the right to receive the
payment of his or her Benefit upon a Benefit entitlement event, or earlier as
provided herein.
7.2
AMENDMENT REQUIRED BY LAW.
Notwithstanding
the provisions of Section 7.1, the Plan may be amended at any time,
retroactively if required, if found necessary, in the opinion of the Board, in
order to ensure that the Plan is characterized as a non-tax-qualified plan of
deferred compensation maintained for members of a select group of management or
highly compensated employees as described under Code section 451 and ERISA
sections 201(2), 301(a)(3) and 401(a)(1), to conform the Plan to the provisions
and requirements of any applicable law (including ERISA and the Code).
10
ARTICLE VIII
TERMINATION
8.1