BE PERMITTED TO EXERCISE HIS/OR RIGHT TO REVIEW
PURSUANT TO SECTION 6.3.
6.2
DUTY OF COMPENSATION COMMITTEE UPON DENIAL OF CLAIM.
IF A CLAIM
FOR BENEFITS IS DENIED, THE COMPENSATION COMMITTEE SHALL PROVIDE TO THE CLAIMANT
WRITTEN NOTICE SETTING FORTH IN A MANNER CALCULATED TO BE UNDERSTOOD BY THE
CLAIMANT:
(I) THE SPECIFIC REASON OR REASONS FOR THE DENIAL; (II) SPECIFIC
REFERENCE TO PERTINENT PLAN PROVISIONS ON WHICH THE DENIAL IS 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 IS NECESSARY; AND
(IV) A DESCRIPTION OF THE PLAN'S CLAIMS REVIEW PROCEDURE AND THE TIME LIMITS
APPLICABLE TO SUCH PROCEDURES, INCLUDING A STATEMENT OF THE CLAIMANT'S RIGHT TO
BRING A CIVIL ACTION UNDER SECTION 502(A) OF ERISA FOLLOWING A DENIAL OF THE
CLAIM ON REVIEW.
6.3
REQUEST FOR REVIEW OF CLAIM DENIAL.
IF AN ELIGIBLE EMPLOYEE
RECEIVES WRITTEN NOTIFICATION OF THE DENIAL IN WHOLE OR IN PART OF HIS/HER CLAIM
PURSUANT TO SECTION 6.1, WITHIN SIXTY (60) DAYS OF THE ELIGIBLE EMPLOYEE'S
RECEIPT OF CLAIM DENIAL OR THE DATE THE EMPLOYEE BECOMES AWARE THAT HE IS NOT
ELIGIBLE FOR BENEFITS UNDER THIS PLAN, IF THE CLAIMANT DISAGREES WITH SUCH
ACTION, THE CLAIMANT OR HIS/HER AUTHORIZED REPRESENTATIVE SHALL FILE A WRITTEN
REQUEST WITH THE COMPENSATION COMMITTEE THAT IT CONDUCT A FULL AND FAIR REVIEW
OF THE DENIAL OF THE CLAIM FOR BENEFITS.
IN CONNECTION WITH ANY REQUEST FOR A
REVIEW OF THE DENIAL OF A CLAIM FOR BENEFITS, THE CLAIMANT SHALL HAVE THE
OPPORTUNITY TO SUBMIT WRITTEN COMMENTS, DOCUMENTS, RECORDS, AND OTHER
INFORMATION RELATING TO THE CLAIM FOR BENEFITS.
THE COMPENSATION COMMITTEE
SHALL PROVIDE THE
11
CLAIMANT, UPON REQUEST AND FREE OF CHARGE, REASONABLE ACCESS TO, AND COPIES OF,
ALL DOCUMENTS, RECORDS, AND OTHER INFORMATION RELEVANT TO THE CLAIMANT'S CLAIM
FOR BENEFITS.
A DOCUMENT, RECORD, OR OTHER INFORMATION SHALL BE CONSIDERED
"RELEVANT" TO A CLAIM FOR BENEFITS IF THAT DOCUMENT, RECORD OR OTHER
INFORMATION:
(I) WAS RELIED UPON IN MAKING THE BENEFIT DETERMINATION; (II) WAS
SUBMITTED, CONSIDERED, OR GENERATED IN THE COURSE OF MAKING THE BENEFIT
DETERMINATION, WITHOUT REGARD TO WHETHER SUCH DOCUMENT, RECORD OR OTHER
INFORMATION WAS RELIED UPON IN MAKING THE BENEFIT DETERMINATION; OR
(III) DEMONSTRATES COMPLIANCE WITH THE ADMINISTRATIVE PROCESS AND SAFEGUARDS
REQUIRED BY ERISA IN MAKING THE BENEFIT DETERMINATION.
THE REVIEW OF A DENIAL
SHALL TAKE INTO ACCOUNT ALL COMMENTS, DOCUMENTS, RECORDS, AND OTHER INFORMATION
SUBMITTED BY THE CLAIMANT, WITHOUT REGARD TO WHETHER SUCH INFORMATION WAS
SUBMITTED OR CONSIDERED IN THE INITIAL BENEFIT DETERMINATION.
6.4
DECISION ON REVIEW OF DENIAL.
UPON RECEIPT OF THE REQUEST FOR
REVIEW, THE COMPENSATION COMMITTEE SHALL REVIEW THE CLAIM AND SHALL DELIVER TO
THE CLAIMANT A WRITTEN DECISION ON THE CLAIM FOR BENEFITS WITHIN SIXTY (60) DAYS
AFTER THE RECEIPT OF THE AFORESAID REQUEST FOR REVIEW, EXCEPT THAT IF THERE ARE
SPECIAL CIRCUMSTANCES (SUCH AS THE NEED TO HOLD A HEARING, IF NECESSARY) THAT
REQUIRE AN EXTENSION OF TIME FOR PROCESSING, THE AFORESAID SIXTY (60)