PERIOD OF 60 DAYS FROM
THE END OF THE INITIAL PERIOD.
THE EXTENSION NOTICE SHALL INDICATE THE SPECIAL
CIRCUMSTANCES REQUIRING AN EXTENSION OF TIME AND THE DATE BY WHICH THE COMMITTEE
EXPECTS TO RENDER THE BENEFIT DETERMINATION.
IN RENDERING ITS DECISION, THE
COMMITTEE SHALL TAKE INTO ACCOUNT ALL COMMENTS, DOCUMENTS, RECORDS AND OTHER
INFORMATION SUBMITTED BY THE CLAIMANT RELATING TO THE CLAIM, WITHOUT REGARD TO
WHETHER SUCH INFORMATION WAS SUBMITTED OR CONSIDERED IN THE INITIAL BENEFIT
DETERMINATION.
THE DECISION MUST BE WRITTEN IN A MANNER CALCULATED TO BE
UNDERSTOOD BY THE CLAIMANT, AND IT MUST CONTAIN:
(A)
SPECIFIC REASONS FOR THE DECISION;
(B)
SPECIFIC REFERENCE(S) TO THE PERTINENT PLAN
PROVISIONS UPON WHICH THE DECISION WAS 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 (AS DEFINED IN APPLICABLE
ERISA REGULATIONS) TO THE CLAIMANT'S CLAIM FOR BENEFITS; AND
(D)
A STATEMENT OF THE CLAIMANT'S RIGHT TO BRING
A CIVIL ACTION UNDER ERISA SECTION 502(A).
15.5
LEGAL ACTION.
A CLAIMANT'S COMPLIANCE WITH THE
FOREGOING PROVISIONS OF THIS ARTICLE 15 IS A MANDATORY PREREQUISITE TO A
CLAIMANT'S RIGHT TO COMMENCE ANY LEGAL ACTION WITH RESPECT TO ANY CLAIM FOR
BENEFITS UNDER THIS PLAN.
ARTICLE 16
TRUST
16.1
ESTABLISHMENT OF THE TRUST.
IN ORDER TO PROVIDE
ASSETS FROM WHICH TO FULFILL ITS OBLIGATIONS TO THE PARTICIPANTS AND THEIR
BENEFICIARIES UNDER THE PLAN, THE COMPANY MAY ESTABLISH A TRUST BY A
25
Amended and Restated SI International Deferred Compensation Plan
MASTER PLAN DOCUMENT
TRUST AGREEMENT WITH A THIRD PARTY, THE TRUSTEE, TO WHICH EACH EMPLOYER MAY, IN
ITS DISCRETION, CONTRIBUTE CASH OR OTHER PROPERTY, INCLUDING SECURITIES ISSUED
BY THE COMPANY, TO PROVIDE FOR THE BENEFIT PAYMENTS UNDER THE PLAN (THE
"TRUST").
16.2
INTERRELATIONSHIP OF THE PLAN AND THE TRUST.
THE
PROVISIONS OF THE PLAN AND THE PLAN AGREEMENT SHALL GOVERN THE RIGHTS OF A
PARTICIPANT TO RECEIVE DISTRIBUTIONS PURSUANT TO THE PLAN.
THE PROVISIONS OF
THE TRUST SHALL GOVERN THE RIGHTS OF THE EMPLOYERS, PARTICIPANTS AND THE
CREDITORS OF THE EMPLOYERS TO THE ASSETS TRANSFERRED TO THE TRUST.
EACH
EMPLOYER SHALL AT ALL TIMES REMAIN LIABLE TO CARRY OUT ITS OBLIGATIONS UNDER THE
PLAN.
16.3
DISTRIBUTIONS FROM THE TRUST.
EACH EMPLOYER'S
OBLIGATIONS UNDER THE PLAN MAY BE SATISFIED WITH TRUST ASSETS DISTRIBUTED
PURSUANT TO THE TERMS OF THE TRUST, AND ANY SUCH DISTRIBUTION SHALL REDUCE THE
EMPLOYER'S OBLIGATIONS UNDER THIS PLAN.
ARTICLE 17
MISCELLANEOUS
17.1
STATUS OF PLAN.
THE PLAN IS INTENDED TO BE A PLAN
THAT IS NOT QUALIFIED WITHIN THE MEANING OF CODE SECTION 401(A) AND THAT "IS
UNFUNDED AND IS MAINTAINED BY AN EMPLOYER PRIMARILY FOR THE PURPOSE OF PROVIDING
DEFERRED COMPENSATION FOR A SELECT GROUP OF MANAGEMENT OR HIGHLY COMPENSATED
EMPLOYEES" WITHIN THE MEANING OF ERISA SECTIONS 201(2), 301(A)(3) AND
401(A)(1).
THE PLAN SHALL BE ADMINISTERED AND INTERPRETED (A) TO THE EXTENT
POSSIBLE IN A MANNER CONSISTENT WITH THE INTENT DESCRIBED IN THE PRECEDING
SENTENCE, AND (B) IN ACCORDANCE