Document (2008 Restatement (2nd))
(A)
THAT THE CLAIMANT'S REQUESTED DETERMINATION
HAS BEEN MADE, AND THAT THE CLAIM HAS BEEN ALLOWED IN FULL; OR
(B)
THAT THE COMMITTEE HAS REACHED A CONCLUSION
CONTRARY, IN WHOLE OR IN PART, TO THE CLAIMANT'S REQUESTED DETERMINATION, AND
SUCH NOTICE MUST SET FORTH IN A MANNER CALCULATED TO BE UNDERSTOOD BY THE
CLAIMANT:
(I)
THE SPECIFIC REASON(S) FOR THE DENIAL OF
THE CLAIM, OR ANY PART OF IT;
(II)
SPECIFIC REFERENCE(S) TO PERTINENT
PROVISIONS OF THE PLAN UPON WHICH SUCH DENIAL WAS BASED;
(III)
A DESCRIPTION OF ANY ADDITIONAL MATERIAL OR
INFORMATION NECESSARY FOR THE CLAIMANT TO PERFECT THE CLAIM, AND AN EXPLANATION
OF WHY SUCH MATERIAL OR INFORMATION IS NECESSARY;
(IV)
AN EXPLANATION OF THE CLAIM REVIEW PROCEDURE
SET FORTH IN SECTION 17.3 BELOW; AND
(V)
A STATEMENT OF THE CLAIMANT'S RIGHT TO BRING
A CIVIL ACTION UNDER ERISA SECTION 502(A) FOLLOWING AN ADVERSE BENEFIT
DETERMINATION ON REVIEW.
17.3
REVIEW OF A DENIED CLAIM.
ON OR BEFORE SIXTY
(60) DAYS AFTER RECEIVING A NOTICE FROM THE COMMITTEE THAT A CLAIM HAS BEEN
DENIED, IN WHOLE OR IN PART, A CLAIMANT (OR THE CLAIMANT'S DULY AUTHORIZED
REPRESENTATIVE) MAY FILE WITH THE COMMITTEE A WRITTEN REQUEST FOR A REVIEW OF
THE DENIAL OF THE CLAIM.
THE CLAIMANT (OR THE CLAIMANT'S DULY AUTHORIZED
REPRESENTATIVE):
(A)
MAY, UPON REQUEST AND FREE OF CHARGE, HAVE
REASONABLE ACCESS TO, AND COPIES OF, ALL DOCUMENTS, RECORDS AND OTHER
INFORMATION RELEVANT TO THE CLAIM FOR BENEFITS;
(B)
MAY SUBMIT WRITTEN COMMENTS OR OTHER
DOCUMENTS; AND/OR
(C)
MAY REQUEST A HEARING, WHICH THE COMMITTEE,
IN ITS SOLE DISCRETION, MAY GRANT.
17.4
DECISION ON REVIEW.
THE COMMITTEE SHALL RENDER ITS
DECISION ON REVIEW PROMPTLY, AND NO LATER THAN SIXTY (60) DAYS AFTER THE
COMMITTEE RECEIVES THE CLAIMANT'S WRITTEN REQUEST FOR A REVIEW OF THE DENIAL OF
THE CLAIM.
IF THE COMMITTEE DETERMINES THAT SPECIAL CIRCUMSTANCES REQUIRE AN
EXTENSION OF TIME FOR PROCESSING THE CLAIM, WRITTEN NOTICE OF THE EXTENSION
SHALL BE FURNISHED TO THE CLAIMANT PRIOR TO THE TERMINATION OF THE INITIAL SIXTY
(60) DAY PERIOD.
IN NO EVENT SHALL SUCH EXTENSION EXCEED A PERIOD OF SIXTY (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;
-27-
Hormel Foods Corporation
Executive Deferred Income Plan II
Master Plan Document (2008 Restatement (2nd))
(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