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.
15.4
DECISION ON REVIEW.
THE COMMITTEE SHALL RENDER ITS DECISION ON
REVIEW PROMPTLY, AND NO LATER THAN SIXTY (60) DAYS (FORTY-FIVE (45) DAYS, IN THE
CASE OF A CLAIM BASED ON DISABILITY) 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 (FORTY-FIVE (45)
DAYS, IN THE CASE OF A CLAIM BASED ON DISABILITY) 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).
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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.
THE COMPANY MAY, IN ITS SOLE
DISCRETION, ESTABLISH THE TRUST.
IF THE COMPANY ESTABLISHES A TRUST, EACH
EMPLOYER SHALL AT LEAST ANNUALLY TRANSFER OVER TO THE TRUST SUCH ASSETS AS THE
EMPLOYER DETERMINES, IN ITS SOLE DISCRETION, ARE NECESSARY TO PROVIDE, ON A
PRESENT VALUE BASIS, FOR ITS RESPECTIVE FUTURE LIABILITIES CREATED WITH RESPECT
TO THE ANNUAL DEFERRAL AMOUNTS, AND ANNUAL SET-ASIDE AMOUNTS FOR SUCH EMPLOYER'S
PARTICIPANTS FOR ALL PERIODS PRIOR TO THE TRANSFER, AS WELL AS ANY DEBITS AND
CREDITS TO THE PARTICIPANTS' ACCOUNT BALANCES FOR ALL PERIODS PRIOR TO THE
TRANSFER, TAKING INTO CONSIDERATION THE VALUE OF THE ASSETS IN THE TRUST AT THE
TIME OF THE TRANSFER.
16.2
INTERRELATIONSHIP OF THE PLAN AND THE TRUST.
THE PROVISIONS OF THE
PLAN AND THE PARTICIPATION AGREEMENT SHALL GOVERN THE RIGHTS OF A PARTICIPANT