FORM OF AMENDMENT.
THE FORM OF ANY
AMENDMENT OF THE POLICY SHALL BE A WRITTEN INSTRUMENT SIGNED BY A DULY
AUTHORIZED OFFICER OR OFFICERS OF THE CORPORATION, CERTIFYING THAT THE AMENDMENT
HAS BEEN APPROVED BY THE BOARD.
ARTICLE VIII
MISCELLANEOUS
8.1
EMPLOYMENT STATUS.
THIS POLICY DOES NOT
CONSTITUTE A CONTRACT OF EMPLOYMENT OR IMPOSE ON THE PARTICIPANT OR THE
PARTICIPANT'S EMPLOYER ANY OBLIGATION TO RETAIN THE PARTICIPANT AS AN EMPLOYEE,
TO CHANGE THE STATUS OF THE PARTICIPANT'S EMPLOYMENT, OR TO CHANGE THE
CORPORATION'S POLICIES OR THOSE OF ITS SUBSIDIARIES REGARDING TERMINATION OF
EMPLOYMENT.
8.2
CLAIM PROCEDURE.
IF AN EMPLOYEE OR FORMER
EMPLOYEE MAKES A WRITTEN REQUEST ALLEGING A RIGHT TO RECEIVE BENEFITS UNDER THIS
POLICY OR ALLEGING A RIGHT TO RECEIVE AN ADJUSTMENT IN BENEFITS BEING PAID UNDER
THE POLICY, THE CORPORATION SHALL TREAT IT AS A CLAIM FOR BENEFIT.
ALL CLAIMS
FOR BENEFIT UNDER THE POLICY SHALL BE SENT TO THE HUMAN RESOURCES DEPARTMENT OF
THE CORPORATION AND MUST BE RECEIVED WITHIN 30 DAYS AFTER TERMINATION OF
EMPLOYMENT OR, IF EARLIER, WITHIN 30 DAYS AFTER THE DATE AS OF WHICH THE ALLEGED
RIGHT TO RECEIVE BENEFITS ARISES.
IF THE CORPORATION DETERMINES THAT ANY
INDIVIDUAL WHO HAS CLAIMED A RIGHT TO RECEIVE BENEFITS, OR DIFFERENT BENEFITS,
UNDER THE POLICY IS NOT ENTITLED TO RECEIVE ALL OR ANY PART OF THE BENEFITS
CLAIMED, IT WILL INFORM THE CLAIMANT IN WRITING OF ITS DETERMINATION AND THE
REASONS THEREFOR IN TERMS CALCULATED TO BE UNDERSTOOD BY THE CLAIMANT.
THE
NOTICE WILL BE SENT WITHIN 90 DAYS OF THE CLAIM UNLESS THE CORPORATION
DETERMINES ADDITIONAL TIME, NOT EXCEEDING 90 DAYS, IS NEEDED.
THE NOTICE SHALL
MAKE SPECIFIC REFERENCE TO THE PERTINENT POLICY PROVISIONS ON WHICH THE DENIAL
IS BASED, AND DESCRIBE ANY ADDITIONAL MATERIAL OR INFORMATION IS NECESSARY.
SUCH NOTICE SHALL, IN ADDITION, INFORM THE CLAIMANT WHAT PROCEDURE THE CLAIMANT
SHOULD FOLLOW TO TAKE ADVANTAGE OF THE REVIEW PROCEDURES SET FORTH BELOW IN THE
EVENT THE CLAIMANT DESIRES TO CONTEST THE DENIAL OF THE CLAIM, INCLUDING A
STATEMENT OF THE RIGHT TO BRING A CIVIL SUIT UNDER SECTION 502(A) OF THE
EMPLOYEE RETIREMENT INCOME SECURITY ACT OF 1974, AS AMENDED ("ERISA").
THE
CLAIMANT MAY WITHIN 60 DAYS THEREAFTER SUBMIT IN WRITING TO THE CORPORATION A
NOTICE THAT THE CLAIMANT CONTESTS THE DENIAL OF HIS OR HER CLAIM BY THE
CORPORATION AND DESIRES A FURTHER REVIEW.
THE NOTICE MAY INCLUDE COMMENTS,
17
DOCUMENTS, RECORDS AND OTHER INFORMATION RELATING TO THE CLAIM.
THE CLAIMANT
SHALL BE PROVIDED, UPON REQUEST AND FREE OF CHARGE, REASONABLE ACCESS TO, AND
COPIES OF, ALL DOCUMENTS, RECORDS AND OTHER INFORMATION RELEVANT TO THE CLAIM
FOR BENEFITS.
THE REVIEW WILL TAKE INTO ACCOUNT ALL COMMENTS, DOCUMENTS,
RECORDS AND OTHER INFORMATION SUBMITTED RELATING TO THE CLAIM, WITHOUT REGARD TO
WHETHER SUCH INFORMATION WAS SUBMITTED OR CONSIDERED IN THE INITIAL
DETERMINATION.
THE CORPORATION WILL RENDER ITS FINAL DECISION WITH SPECIFIC
REASONS THEREFOR IN WRITING AND WILL TRANSMIT IT TO THE CLAIMANT WITHIN 60 DAYS
OF THE WRITTEN REQUEST FOR REVIEW, UNLESS THE CORPORATION