ARISING THEREUNDER, INCLUDING, WITHOUT
LIMITATION, QUESTIONS OF ELIGIBILITY FOR PARTICIPATION, ELIGIBILITY FOR
BENEFITS, THE VALIDITY OF ANY ELECTION OR DESIGNATION MADE UNDER THE PLAN, AND
THE AMOUNT, MANNER AND TIME OF PAYMENT OF ANY BENEFITS HEREUNDER; AND
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TO MAKE FACTUAL DETERMINATIONS NECESSARY OR APPROPRIATE FOR SUCH DECISIONS OR
DETERMINATION;
(B)
TO PRESCRIBE PROCEDURES TO BE FOLLOWED BY
MEMBERS, BENEFICIARIES OR ALTERNATE PAYEES IN FILING APPLICATIONS FOR BENEFITS
AND ANY OTHER ELECTIONS, DESIGNATIONS AND FORMS REQUIRED OR PERMITTED UNDER THE
PLAN;
(C)
TO PREPARE AND DISTRIBUTE INFORMATION
EXPLAINING THE PLAN;
(D)
TO RECEIVE FROM THE BANK AND FROM MEMBERS,
BENEFICIARIES AND ALTERNATE PAYEES SUCH INFORMATION AS SHALL BE NECESSARY FOR
THE PROPER ADMINISTRATION OF THE PLAN;
(E)
TO FURNISH THE BANK OR THE BOARD OF
DIRECTORS, UPON REQUEST, SUCH REPORTS WITH RESPECT TO THE ADMINISTRATION OF THE
PLAN AS ARE REASONABLE AND APPROPRIATE;
(F)
TO APPOINT OR EMPLOY ADVISORS, INCLUDING
LEGAL AND ACTUARIAL COUNSEL (WHO MAY ALSO BE COUNSEL TO THE BANK) TO RENDER
ADVICE WITH REGARD TO ANY RESPONSIBILITY OF THE COMMITTEE UNDER THE PLAN OR TO
ASSIST IN THE ADMINISTRATION OF THE PLAN;
(G)
TO DESIGNATE IN WRITING OTHER PERSONS TO
CARRY OUT A SPECIFIED PART OR PARTS OF ITS RESPONSIBILITIES HEREUNDER (INCLUDING
THIS POWER TO DESIGNATE OTHER PERSONS TO CARRY OUT A PART OF SUCH DESIGNATED
RESPONSIBILITY). ANY SUCH PERSON MAY BE REMOVED BY THE COMMITTEE AT ANY TIME
WITH OR WITHOUT CAUSE;
(H)
TO RULE ON CLAIMS, AND TO DETERMINE THE
VALIDITY OF DOMESTIC RELATIONS ORDERS AND COMPLY WITH SUCH ORDERS; AND
(I)
ALL RULES, ACTIONS, INTERPRETATIONS AND
DECISIONS OF THE COMMITTEE ARE CONCLUSIVE AND BINDING ON ALL PERSONS, AND SHALL
BE GIVEN THE MAXIMUM POSSIBLE DEFERENCE ALLOWED BY LAW.
5.3
RULES OF THE ADMINISTRATOR.
THE
ADMINISTRATOR MAY ADOPT SUCH RULES AS IT DEEMS NECESSARY, DESIRABLE OR
APPROPRIATE. WHEN MAKING A DETERMINATION OR CALCULATION, THE ADMINISTRATOR SHALL
BE ENTITLED TO RELY UPON INFORMATION FURNISHED BY A MEMBER OR BENEFICIARY, THE
BANK, THE LEGAL COUNSEL OF THE BANK, OR SUCH OTHER PERSON AS IT DEEMS
APPROPRIATE, AND SHALL FURTHER BE ENTITLED TO RELY CONCLUSIVELY UPON ALL TABLES,
VALUATIONS, CERTIFICATES, OPINIONS AND REPORTS FURNISHED BY ANY ACTUARY,
ACCOUNTANT, CONTROLLER, COUNSEL OR OTHER PERSON EMPLOYED OR ENGAGED BY THE BANK
WITH RESPECT TO THE PLAN.
5.4
CLAIMS PROCEDURE.
ANY PERSON WHO BELIEVES
THAT HE OR SHE IS THEN ENTITLED TO RECEIVE A BENEFIT UNDER THE PLAN MAY FILE A
CLAIM IN WRITING WITH THE ADMINISTRATOR.
EXCEPT TO THE EXTENT THE COMMITTEE
ADOPTS AN ALTERNATE PROCEDURE FOR THE REVIEW OF CLAIMS, THE PROCEDURES IN THIS
SECTION 5.4 SHALL APPLY.
THE ADMINISTRATOR SHALL, WITHIN NINETY (90) DAYS OF
THE RECEIPT OF A CLAIM, EITHER ALLOW OR DENY THE CLAIM IN WRITING.
A DENIAL OF
A CLAIM SHALL BE WRITTEN IN A MANNER CALCULATED TO BE UNDERSTOOD BY THE CLAIMANT
AND SHALL INCLUDE: (A) THE SPECIFIC REASON OR REASONS
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FOR THE DENIAL; (B) SPECIFIC REFERENCES TO PERTINENT PLAN PROVISIONS ON WHICH
THE DENIAL IS BASED; (C) A DESCRIPTION OF