right to bring a civil action
under section 502(a) of ERISA following the final denial of a claim).
(C)
FILING AN APPEAL OF CLAIM DENIAL. THE CLAIMANT (OR HIS OR HER DULY
AUTHORIZED REPRESENTATIVE) MAY REQUEST A REVIEW OF THE DENIAL BY FILING WITH THE
SVP-HR A WRITTEN REQUEST FOR SUCH REVIEW WITHIN 60 DAYS AFTER NOTICE OF THE
DENIAL HAS BEEN RECEIVED BY THE CLAIMANT. WITHIN THE SAME 60-DAY PERIOD, THE
CLAIMANT MAY SUBMIT TO THE SVP-HR WRITTEN COMMENTS, DOCUMENTS, RECORDS AND OTHER
INFORMATION RELATING TO THE CLAIM. UPON REQUEST AND FREE OF CHARGE, THE CLAIMANT
ALSO MAY HAVE REASONABLE ACCESS TO, AND COPIES OF, DOCUMENTS, RECORDS AND OTHER
INFORMATION RELEVANT TO THE CLAIM.
(D)
REVIEW OF CLAIM DENIAL. IF A REQUEST FOR REVIEW IS SO FILED,
REVIEW OF THE DENIAL SHALL BE MADE BY THE SVP-HR AND THE CLAIMANT SHALL BE GIVEN
WRITTEN OR ELECTRONIC NOTICE OF THE FINAL DECISION OF THE SVP-HR WITHIN 60 DAYS
AFTER RECEIPT OF SUCH REQUEST, UNLESS SPECIAL CIRCUMSTANCES REQUIRE AN EXTENSION
OF TIME. IF SPECIAL CIRCUMSTANCES REQUIRE AN EXTENSION OF TIME, THE CLAIMANT
SHALL BE SO ADVISED IN WRITING OR BY ELECTRONIC MEANS WITHIN THE INITIAL 60-DAY
PERIOD AND IN NO EVENT SHALL SUCH AN EXTENSION EXCEED 60 DAYS. IF THE APPEAL OF
THE CLAIM IS WHOLLY OR PARTIALLY DENIED, THE NOTICE OF THE FINAL DECISION OF THE
SVP-HR SHALL INCLUDE SPECIFIC REASONS FOR THE DECISION, SPECIFIC REFERENCES TO
THE PERTINENT PLAN PROVISIONS ON WHICH THE DECISION IS BASED AND A STATEMENT
THAT THE CLAIMANT IS ENTITLED TO RECEIVE, UPON REQUEST AND FREE OF CHARGE,
REASONABLE ACCESS TO, AND COPIES OF, ALL RELEVANT DOCUMENTS, RECORDS AND
INFORMATION. THE NOTICE SHALL BE WRITTEN IN A MANNER CALCULATED TO BE UNDERSTOOD
BY THE CLAIMANT AND SHALL NOTIFY THE CLAIMANT OF HIS OR HER RIGHT TO BRING A
CIVIL ACTION UNDER SECTION 502(A) OF ERISA.
(E)
CLAIM FOR DISABILITY DISTRIBUTION. NOTWITHSTANDING THE FOREGOING,
A PARTICIPANT'S CLAIM THAT HE OR SHE IS ENTITLED TO A DISTRIBUTION OF THE
PARTICIPANT'S DEFERRED COMPENSATION ACCOUNT PURSUANT TO SECTION 5.2 DUE TO THE
PARTICIPANT'S DISABILITY SHALL BE PROCESSED IN ACCORDANCE WITH THE PROVISIONS OF
DEPARTMENT OF LABOR REGULATION §2560.503-1 REGARDING CLAIMS FOR DISABILITY
BENEFITS.
SECTION 6.3
IMMUNITY OF SVP-HR AND PLAN ADMINISTRATOR. THE SVP-HR
AND THE PLAN ADMINISTRATOR MAY RELY UPON ANY INFORMATION, REPORT OR OPINION
SUPPLIED TO THEM BY A DESIGNATED AGENT OF AN EMPLOYER OR ANY LEGAL COUNSEL OR
INDEPENDENT PUBLIC ACCOUNTANT, AND SHALL BE FULLY PROTECTED IN RELYING UPON ANY
SUCH INFORMATION, REPORT OR OPINION. THE EMPLOYERS HEREBY JOINTLY AND SEVERALLY
INDEMNIFY THE SVP-HR AND THE PLAN ADMINISTRATOR FROM THE EFFECTS AND
CONSEQUENCES OF THEIR ACTS, OMISSIONS AND CONDUCT IN THEIR OFFICIAL CAPACITY,
EXCEPT TO THE EXTENT SUCH EFFECTS AND CONSEQUENCES RESULT FROM THEIR OWN WILLFUL
MISCONDUCT OR ILLEGAL ACTS.
9
ARTICLE 7
GENERAL PROVISIONS
SECTION 7.1
BASE SALARY PAYABLE FOR FINAL PAYROLL PERIOD. FOR
PURPOSES OF THIS PLAN, AND EFFECTIVE JANUARY 1, 2005, BASE SALARY PAYABLE AFTER
THE LAST DAY OF A PLAN YEAR SOLELY