AS
TO RIGHT TO PAYMENT.
IF ANY DOUBT EXISTS AS TO THE RIGHT OF ANY PERSON TO ANY
BENEFITS UNDER THIS PLAN OR THE AMOUNT OR TIME OF PAYMENT OF SUCH BENEFITS
(INCLUDING, WITHOUT LIMITATION, ANY CASE OF DOUBT AS TO IDENTITY, OR ANY CASE IN
WHICH ANY NOTICE HAS BEEN RECEIVED FROM ANY OTHER PERSON CLAIMING ANY INTEREST
IN AMOUNTS PAYABLE HEREUNDER, OR ANY CASE IN WHICH A CLAIM FROM OTHER PERSONS
MAY EXIST BY REASON OF COMMUNITY PROPERTY OR SIMILAR LAWS), THE ADMINISTRATOR
MAY, IN ITS DISCRETION, DIRECT THAT PAYMENT OF SUCH BENEFITS BE DEFERRED UNTIL
SUCH RIGHT OR AMOUNT OR TIME IS DETERMINED, OR PAY SUCH BENEFITS INTO A COURT OF
COMPETENT JURISDICTION IN ACCORDANCE WITH APPROPRIATE RULES OF LAW, OR DIRECT
THAT PAYMENT BE MADE ONLY UPON RECEIPT OF A BOND OR SIMILAR INDEMNIFICATION (IN
SUCH AMOUNT AND IN SUCH FORM AS IS SATISFACTORY TO THE ADMINISTRATOR).
SECTION 5.04.
SPENDTHRIFT CLAUSE.
NO BENEFIT, DISTRIBUTION OR PAYMENT UNDER THE PLAN MAY BE
ANTICIPATED, ASSIGNED (EITHER AT LAW OR IN EQUITY), ALIENATED OR SUBJECT TO
ATTACHMENT, GARNISHMENT, LEVY, EXECUTION OR OTHER LEGAL OR EQUITABLE PROCESS
WHETHER PURSUANT TO A "QUALIFIED DOMESTIC RELATIONS ORDER" AS DEFINED IN
SECTION 414(P) OF THE CODE OR OTHERWISE.
ARTICLE VI
ADMINISTRATION AND RESERVATION OF RIGHTS
SECTION 6.01.
POWERS
OF THE COMMITTEE.
THE COMMITTEE SHALL HAVE THE POWER AND DISCRETION TO
(A)
DETERMINE ALL QUESTIONS ARISING IN THE INTERPRETATION AND
APPLICATION OF THE PLAN;
8
(B)
DETERMINE THE PERSON OR PERSONS TO WHOM BENEFITS UNDER THE PLAN
SHALL BE PAID;
(C)
DECIDE ANY DISPUTE ARISING HEREUNDER;
(D)
CORRECT DEFECTS, SUPPLY OMISSIONS AND RECONCILE INCONSISTENCIES TO
THE EXTENT NECESSARY TO EFFECTUATE THE PLAN; AND
(E)
HAVE ALL SUCH OTHER POWERS AS MAY BE NECESSARY TO DISCHARGE ITS
DUTIES HEREUNDER.
SECTION 6.02.
POWERS
OF THE ADMINISTRATOR.
THE ADMINISTRATOR SHALL HAVE THE POWER AND DISCRETION TO
(A)
PROMULGATE AND ENFORCE SUCH RULES, REGULATIONS AND PROCEDURES AS
SHALL BE PROPER FOR THE EFFICIENT ADMINISTRATION OF THE PLAN;
(B)
DETERMINE ALL QUESTIONS ARISING IN THE ADMINISTRATION OF THE PLAN;
(C)
COMPUTE THE AMOUNT OF BENEFITS AND OTHER PAYMENTS WHICH SHALL BE
PAYABLE TO ANY PARTICIPANT IN ACCORDANCE WITH THE PROVISIONS OF THE PLAN;
(D)
MAKE RECOMMENDATIONS TO THE BOARD WITH RESPECT TO PROPOSED
AMENDMENTS TO THE PLAN;
(E)
ADVISE THE BOARD REGARDING THE KNOWN FUTURE NEED FOR FUNDS TO BE
AVAILABLE FOR DISTRIBUTION;
(F)
FILE ALL REPORTS WITH GOVERNMENT AGENCIES, PARTICIPANTS AND OTHER
PARTIES AS MAY BE REQUIRED BY LAW, WHETHER SUCH REPORTS ARE INITIALLY THE
OBLIGATION OF THE COMPANY OR THE PLAN; AND
(G)
HAVE ALL SUCH OTHER POWERS AS MAY BE NECESSARY TO DISCHARGE ITS
DUTIES HEREUNDER.
SECTION 6.03.
CLAIMS
PROCEDURE.
IF THE COMMITTEE DENIES ANY PARTICIPANT'S OR BENEFICIARY'S CLAIM FOR
BENEFITS UNDER THE PLAN:
(A)
THE COMMITTEE SHALL NOTIFY SUCH PARTICIPANT OR BENEFICIARY OF SUCH
DENIAL BY WRITTEN NOTICE WHICH SHALL SET FORTH THE SPECIFIC REASONS FOR SUCH
DENIAL; AND
(B)
THE PARTICIPANT OR BENEFICIARY SHALL BE AFFORDED A REASONABLE
OPPORTUNITY FOR A FULL AND