AND REPORTS FURNISHED BY ANY ACTUARY, ACCOUNTANT, CONTROLLER, COUNSEL
OR OTHER PERSON EMPLOYED OR ENGAGED BY THE PLAN ADMINISTRATOR WITH RESPECT TO
THE PLAN.
(B)
THE PRIMARY RESPONSIBILITY OF THE PLAN ADMINISTRATOR IS TO
ADMINISTER THE PLAN FOR THE BENEFIT OF THE PARTICIPANTS AND THEIR BENEFICIARIES,
SUBJECT TO THE SPECIFIC TERMS OF THE PLAN.
THE PLAN ADMINISTRATOR SHALL
ADMINISTER THE PLAN IN ACCORDANCE WITH ITS TERMS AND SHALL HAVE THE POWER TO
DETERMINE ALL QUESTIONS ARISING IN CONNECTION WITH THE ADMINISTRATION,
INTERPRETATION, AND APPLICATION OF THE PLAN.
ANY SUCH DETERMINATION SHALL BE
CONCLUSIVE AND BINDING UPON ALL PERSONS AND THEIR HEIRS, EXECUTORS,
BENEFICIARIES, SUCCESSORS AND ASSIGNS.
THE PLAN ADMINISTRATOR SHALL HAVE ALL
POWERS NECESSARY OR APPROPRIATE TO ACCOMPLISH ITS DUTIES UNDER THE PLAN.
THE
PLAN ADMINISTRATOR SHALL ALSO HAVE THE DISCRETION AND AUTHORITY TO MAKE, AMEND,
INTERPRET, AND ENFORCE ALL APPROPRIATE RULES AND REGULATIONS FOR THE
ADMINISTRATION OF THIS PLAN AND DECIDE OR RESOLVE ANY AND ALL QUESTIONS,
INCLUDING BUT NOT LIMITED TO, INTERPRETATIONS OF THIS PLAN AND ENTITLEMENT TO OR
AMOUNT OF BENEFITS UNDER THIS PLAN, AS MAY ARISE IN CONNECTION WITH THE PLAN.
8.2.
Claims Procedure.
(A)
CLAIM.
A PERSON WHO BELIEVES THAT HE OR SHE IS BEING DENIED A
BENEFIT TO WHICH HE OR SHE IS ENTITLED UNDER THE PLAN OR SUCH PERSON'S
AUTHORIZED REPRESENTATIVE (HEREINAFTER COLLECTIVELY REFERRED TO AS A "CLAIMANT")
MAY FILE A WRITTEN REQUEST FOR SUCH BENEFIT WITH THE VICE PRESIDENT OF HUMAN
RESOURCES, SETTING FORTH HIS OR HER CLAIM.
THE REQUEST MUST BE ADDRESSED TO THE
VICE PRESIDENT OF HUMAN RESOURCES AT HIS THEN PRINCIPAL PLACE OF BUSINESS.
NEITHER THE CORPORATION, THE PLAN ADMINISTRATOR NOR THE PLAN SHALL CHARGE A
CLAIMANT A FEE OR ANY COSTS IN CONNECTION WITH MAKING A CLAIM OR APPEALING AN
ADVERSE BENEFIT DETERMINATION PURSUANT TO THIS SECTION 8.2; PROVIDED, HOWEVER,
THAT, EXCEPT AS PROVIDED IN SECTION 8.3(C), THE CLAIMANT SHALL PAY THE FEES,
COSTS AND EXPENSES OF HIS OWN ATTORNEYS, ACCOUNTANTS, OR OTHER PROFESSIONALS OR
REPRESENTATIVES THAT HE RETAINS TO MAKE A CLAIM OR APPEAL UNDER THIS ARTICLE 8.
10
(B)
CLAIM DECISION.
UPON RECEIPT OF A CLAIM, THE VICE PRESIDENT OF
HUMAN RESOURCES SHALL ADVISE THE CLAIMANT THAT A REPLY WILL BE FORTHCOMING
WITHIN 90 DAYS AND THAT THE VICE PRESIDENT OF HUMAN RESOURCES SHALL, IN FACT,
DELIVER SUCH REPLY WITHIN SUCH PERIOD. THE VICE PRESIDENT OF HUMAN RESOURCES
MAY, HOWEVER, EXTEND THE REPLY PERIOD FOR AN ADDITIONAL 90 DAYS FOR REASONABLE
CAUSE, PROVIDED THAT THE VICE PRESIDENT OF HUMAN RESOURCES PROVIDES THE CLAIMANT
WITH A WRITTEN OR ELECTRONIC NOTICE OF EXTENSION, AS DEFINED IN
SECTION 8.2(C) OF THIS PLAN, WITHIN THE INITIAL 90 DAY PERIOD.
IN NO EVENT
SHALL AN EXTENSION EXCEED A PERIOD OF 180 DAYS FROM THE DATE THE CLAIM WAS
INITIALLY RECEIVED BY THE VICE PRESIDENT OF HUMAN RESOURCES.
UPON RECEIPT OF A
DISABILITY CLAIM, THE VICE PRESIDENT OF HUMAN RESOURCES SHALL ADVISE THE
CLAIMANT THAT A REPLY WILL BE FORTHCOMING WITHIN 45 DAYS AND THAT THE VICE
PRESIDENT OF HUMAN RESOURCES