OR SIMILAR EXCLUSION,
THEN THE CLAIMANT WILL BE PROVIDED A STATEMENT EXPLAINING THE DECISION, OR A
STATEMENT PROVIDING THAT SUCH EXPLANATION WILL BE FURNISHED TO THE CLAIMANT FREE
OF CHARGE UPON REQUEST.
THE NOTICE SHALL ALSO CONTAIN THE FOLLOWING STATEMENT:
"YOU AND YOUR PLAN MAY HAVE OTHER VOLUNTARY ALTERNATIVE DISPUTE RESOLUTION
OPTIONS, SUCH AS MEDIATION.
ONE WAY TO FIND OUT WHAT MAY BE AVAILABLE IS TO
CONTACT YOUR LOCAL U.S. DEPARTMENT OF LABOR OFFICE AND YOUR STATE INSURANCE
REGULATORY AGENCY."
12.4
EXHAUSTION OF CLAIMS PROCEDURE AND RIGHT TO BRING
LEGAL CLAIM.
NO ACTION IN LAW OR EQUITY SHALL BE BROUGHT MORE THAN ONE (1) YEAR
AFTER THE REVIEW PANEL'S AFFIRMATION OF A DENIAL OF THE CLAIM, OR, IF EARLIER,
MORE THAN FOUR (4) YEARS AFTER THE FACTS OR EVENTS GIVING RISE TO THE CLAIMANT'S
ALLEGATION(S) OR CLAIM(S) FIRST OCCURRED.
12.5
PLAN'S ADMINISTRATIVE COSTS.
THE EMPLOYER SHALL
PAY ALL REASONABLE COSTS AND EXPENSES (INCLUDING LEGAL, ACCOUNTING, AND EMPLOYEE
COMMUNICATION FEES) INCURRED BY THE ADMINISTRATOR AND THE TRUSTEE IN
ADMINISTERING THE PLAN AND TRUST.
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IN WITNESS WHEREOF, the Employer by its duly authorized officer(s), has caused
this Plan to be adopted initially effective January 1, 2005, and amended and
restated as of November 14, 2006 and November 20, 2008.
COHERENT, INC.
By:
/s/ Ronald Victor
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