OF SUCH TERMINATION OF
THE PLAN.
ARTICLE X
ADMINISTRATION OF PLAN
SECTION 10.1.
ADMINISTRATION.
(A)
THE PLAN SHALL BE ADMINISTERED BY THE PLAN ADMINISTRATOR.
THE
PLAN ADMINISTRATOR SHALL HAVE DISCRETION TO INTERPRET WHERE NECESSARY ALL
PROVISIONS OF THE PLAN (INCLUDING, WITHOUT LIMITATION, BY SUPPLYING OMISSIONS
FROM, CORRECTING DEFICIENCIES IN, OR RESOLVING INCONSISTENCIES OR AMBIGUITIES
IN, THE LANGUAGE OF THE
13
PLAN), TO MAKE FACTUAL FINDINGS WITH RESPECT TO ANY ISSUE ARISING UNDER THE
PLAN, TO DETERMINE THE RIGHTS AND STATUS UNDER THE PLAN OF PARTICIPANTS OR OTHER
PERSONS, TO RESOLVE QUESTIONS (INCLUDING FACTUAL QUESTIONS) OR DISPUTES ARISING
UNDER THE PLAN AND TO MAKE ANY DETERMINATIONS WITH RESPECT TO THE BENEFITS
PAYABLE UNDER THE PLAN AND THE PERSONS ENTITLED THERETO AS MAY BE NECESSARY FOR
THE PURPOSES OF THE PLAN.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE
PLAN ADMINISTRATOR IS HEREBY GRANTED THE AUTHORITY (I) TO DETERMINE WHETHER A
PARTICULAR EMPLOYEE IS A PARTICIPANT, AND (II) TO DETERMINE IF A PERSON IS
ENTITLED TO BENEFITS HEREUNDER AND, IF SO, THE AMOUNT AND DURATION OF SUCH
BENEFITS.
THE PLAN ADMINISTRATOR'S DETERMINATION OF THE RIGHTS OF ANY PERSON
HEREUNDER SHALL BE FINAL AND BINDING ON ALL PERSONS, SUBJECT ONLY TO THE
PROVISIONS OF SECTION 10.3 HEREOF.
NOTWITHSTANDING THE FOREGOING, IT IS
INTENDED THAT IN THE EVENT OF LITIGATION ARISING FROM A CLAIM FOR BENEFITS UNDER
SECTION 5.2, A REVIEWING COURT SHALL REVIEW DE NOVO THE PLAN ADMINISTRATOR'S
DETERMINATIONS WITH RESPECT TO SUCH CLAIM, AND THE PLAN ADMINISTRATOR'S
DETERMINATIONS SHALL NOT BE GIVEN DEFERENCE.
(B)
THE PLAN ADMINISTRATOR MAY DELEGATE ANY OF ITS ADMINISTRATIVE
DUTIES, INCLUDING, WITHOUT LIMITATION, DUTIES WITH RESPECT TO THE PROCESSING,
REVIEW, INVESTIGATION, APPROVAL AND PAYMENT OF BENEFITS, TO A NAMED
ADMINISTRATOR OR ADMINISTRATORS.
SECTION 10.2.
REGULATIONS.
THE PLAN ADMINISTRATOR SHALL PROMULGATE ANY
RULES AND REGULATIONS IT DEEMS NECESSARY IN ORDER TO CARRY OUT THE PURPOSES OF
THE PLAN OR TO INTERPRET THE PROVISIONS OF THE PLAN; PROVIDED, HOWEVER, THAT NO
RULE, REGULATION OR INTERPRETATION SHALL BE CONTRARY TO THE PROVISIONS OF THE
PLAN OR THE 409A GUIDANCE.
THE RULES, REGULATIONS AND INTERPRETATIONS MADE BY
THE PLAN ADMINISTRATOR SHALL, SUBJECT ONLY TO THE PROVISIONS OF SECTION 10.3
HEREOF, BE FINAL AND BINDING ON ALL PERSONS.
SECTION 10.3.
CLAIMS PROCEDURES.
(A)
THE PLAN ADMINISTRATOR SHALL DETERMINE THE RIGHTS OF ANY PERSON TO
ANY BENEFIT HEREUNDER.
ANY PERSON WHO BELIEVES THAT HE OR SHE HAS NOT RECEIVED
THE BENEFIT TO WHICH HE OR SHE IS ENTITLED UNDER THE PLAN MUST FILE A CLAIM IN
WRITING WITH THE PLAN ADMINISTRATOR SPECIFYING THE BASIS FOR HIS OR HER CLAIM
AND THE FACTS UPON WHICH HE OR SHE RELIES IN MAKING SUCH A CLAIM.
(B)
THE PLAN ADMINISTRATOR WILL NOTIFY THE CLAIMANT OF ITS DECISION
REGARDING HIS OR HER CLAIM WITHIN A REASONABLE PERIOD OF TIME, BUT NOT LATER
THAN 90 DAYS FOLLOWING THE DATE ON WHICH THE CLAIM IS FILED, UNLESS SPECIAL
CIRCUMSTANCES REQUIRE A LONGER PERIOD FOR ADJUDICATION AND THE CLAIMANT IS
NOTIFIED IN WRITING OF THE REASONS FOR AN EXTENSION OF