CLAIMANT, PRIOR TO THE EXPIRATION OF THE INITIAL SIXTY (60) DAY
PERIOD, OF THE SPECIAL CIRCUMSTANCES REQUIRING AN EXTENSION AND THE DATE BY
WHICH A CLAIM DETERMINATION IS EXPECTED TO BE MADE.
(B)
IN THE
EVENT THAT THE TIME PERIOD IS EXTENDED DUE TO A CLAIMANT'S FAILURE TO SUBMIT
INFORMATION NECESSARY TO DECIDE A CLAIM ON REVIEW, THE CLAIMANT SHALL HAVE SIXTY
(60) DAYS WITHIN WHICH TO PROVIDE THE NECESSARY INFORMATION AND THE PERIOD FOR
MAKING THE CLAIM DETERMINATION ON REVIEW SHALL BE TOLLED FROM THE DATE ON WHICH
THE NOTIFICATION OF THE EXTENSION IS SENT TO THE CLAIMANT UNTIL THE DATE ON
WHICH THE CLAIMANT RESPONDS TO THE REQUEST FOR ADDITIONAL INFORMATION OR, IF
EARLIER, THE EXPIRATION OF SIXTY (60) DAYS.
(C)
THE
COMMITTEE'S REVIEW OF A DENIED CLAIM SHALL TAKE INTO ACCOUNT ALL COMMENTS,
DOCUMENTS, RECORDS, AND OTHER INFORMATION SUBMITTED BY THE
26
CLAIMANT RELATING TO THE CLAIM, WITHOUT REGARD TO WHETHER SUCH INFORMATION WAS
SUBMITTED OR CONSIDERED IN THE INITIAL BENEFIT DETERMINATION.
8.4.5.
NOTICE OF ADVERSE
DETERMINATION FOR CLAIM ON REVIEW.
A NOTICE OF AN ADVERSE DETERMINATION FOR A
CLAIM ON REVIEW SHALL SET FORTH IN A MANNER CALCULATED TO BE UNDERSTOOD BY THE
CLAIMANT:
(A)
THE
SPECIFIC REASONS FOR THE DENIAL;
(B)
REFERENCES TO THE SPECIFIC PROVISIONS OF THE PLAN RESTATEMENT (OR OTHER
APPLICABLE PLAN DOCUMENT) ON WHICH THE ADVERSE DETERMINATION IS BASED;
(C)
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;
(D)
A
STATEMENT DESCRIBING ANY VOLUNTARY APPEAL PROCEDURES OFFERED BY THE PLAN AND THE
CLAIMANT'S RIGHT TO OBTAIN INFORMATION ABOUT SUCH PROCEDURES; AND
(E)
A
STATEMENT OF THE CLAIMANT'S RIGHT TO BRING AN ACTION UNDER ERISA SECTION 502(A).
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SECTION 9
PLAN ADMINISTRATION
9.1.
PLAN SPONSOR.
9.1.1.
OFFICERS.
EXCEPT
AS HEREINAFTER PROVIDED, FUNCTIONS GENERALLY ASSIGNED TO THE PLAN SPONSOR SHALL
BE DISCHARGED BY ITS OFFICERS OR DELEGATED AND ALLOCATED AS PROVIDED HEREIN.
9.1.2.
CHIEF EXECUTIVE
OFFICER.
EXCEPT AS HEREINAFTER PROVIDED, THE CHIEF EXECUTIVE OFFICER OF THE
PLAN SPONSOR MAY DELEGATE OR REDELEGATE AND ALLOCATE AND REALLOCATE TO ONE OR
MORE PERSONS OR TO A COMMITTEE OF PERSONS JOINTLY OR SEVERALLY, AND WHETHER OR
NOT SUCH PERSONS ARE DIRECTORS, OFFICERS OR EMPLOYEES, SUCH FUNCTIONS ASSIGNED
TO THE PLAN SPONSOR GENERALLY HEREUNDER AS THE CHIEF EXECUTIVE OFFICER MAY FROM
TIME TO TIME DEEM ADVISABLE.
9.2.
CONFLICT OF INTEREST.
IF ANY
INDIVIDUAL TO WHOM AUTHORITY HAS BEEN DELEGATED OR REDELEGATED HEREUNDER SHALL
ALSO BE A PARTICIPANT IN THIS PLAN, SUCH PARTICIPANT SHALL HAVE NO AUTHORITY
WITH RESPECT TO ANY MATTER SPECIALLY AFFECTING SUCH PARTICIPANT'S INDIVIDUAL
INTEREST HEREUNDER OR THE INTEREST OF A PERSON SUPERIOR TO HIM OR HER IN THE
ORGANIZATION (AS DISTINGUISHED FROM THE INTERESTS OF ALL PARTICIPANTS AND
BENEFICIARIES OR A BROAD CLASS OF PARTICIPANTS AND BENEFICIARIES), ALL SUCH
AUTHORITY BEING RESERVED EXCLUSIVELY TO OTHER INDIVIDUALS AS THE CASE MAY BE, TO
THE EXCLUSION OF SUCH PARTICIPANT,