ASSISTANT SECRETARY, TO KEEP THE RECORD OF
PROCEEDINGS, TO TRANSMIT ITS DECISIONS, INSTRUCTIONS, CONSENTS OR DIRECTIONS TO
ANY INTERESTED PARRY, TO EXECUTE AND FILE, ON BEHALF OF THE ADMINISTRATOR, SUCH
DOCUMENTS, REPORTS OR OTHER MATTERS AS MAY BE NECESSARY OR APPROPRIATE AND TO
PERFORM MINISTERIAL ACTS.
(C)
THE ADMINISTRATOR SHALL NOT BE REQUIRED TO
MAINTAIN ANY RECORDS OR ACCOUNTS WHICH DUPLICATE ANY RECORDS OR ACCOUNTS
MAINTAINED BY THE COMPANY.
8.7.
STATEMENT TO PARTICIPANTS. BY MARCH 15TH OF EACH YEAR,
THE ADMINISTRATOR SHALL FURNISH TO EACH PARTICIPANT A STATEMENT SETTING FORTH
THE VALUE OF THE PARTICIPANT'S ACCOUNT AS OF THE PRECEDING DECEMBER 31 AND SUCH
OTHER INFORMATION AS THE ADMINISTRATOR SHALL DEEM ADVISABLE TO FURNISH.
8.8.
INSPECTION OF RECORDS. COPIES OF THE PLAN AND RECORDS OF
A PARTICIPANT'S ACCOUNT SHALL BE OPEN TO INSPECTION BY THE PARTICIPANT OR THE
PARTICIPANT'S DULY AUTHORIZED REPRESENTATIVES AT THE OFFICE OF THE ADMINISTRATOR
AT ANY REASONABLE BUSINESS HOUR.
8.9.
IDENTIFICATION OF FIDUCIARIES. THE ADMINISTRATOR SHALL
BE THE NAMED FIDUCIARY OF THE PLAN AND, AS PERMITTED OR REQUIRED BY LAW, SHALL
HAVE EXCLUSIVE AUTHORITY AND DISCRETION TO OPERATE AND ADMINISTER THE PLAN.
8.10.
PROCEDURE FOR ALLOCATION OF FIDUCIARY RESPONSIBILITIES.
FIDUCIARY RESPONSIBILITIES UNDER THE PLAN ARE ALLOCATED AS FOLLOWS:
(A)
THE SOLE DUTIES, RESPONSIBILITIES AND
POWERS ALLOCATED TO THE BOARD, ANY COMMITTEE AND ANY FIDUCIARY SHALL BE THOSE
EXPRESSLY PROVIDED IN THE RELEVANT SECTIONS OF THE PLAN.
(B)
ALL FIDUCIARY DUTIES, RESPONSIBILITIES, AND
POWERS NOT ALLOCATED TO THE BOARD, ANY COMMITTEE OR ANY FIDUCIARY, ARE HEREBY
ALLOCATED TO THE ADMINISTRATOR, SUBJECT TO DELEGATION.
Fiduciary duties, responsibilities and powers under the Plan may be reallocated
among fiduciaries by amending the Plan in the manner prescribed in Section 8.4,
followed by the fiduciaries' acceptance of, or operation under, such amended
Plan.
9
8.11.
CLAIMS PROCEDURE.
(A)
ANY PARTICIPANT OR BENEFICIARY OF A
PARTICIPANT HAS THE RIGHT TO MAKE A WRITTEN CLAIM FOR BENEFITS UNDER THE PLAN.
IF SUCH A WRITTEN CLAIM IS MADE, AND THE ADMINISTRATOR WHOLLY OR PARTIALLY
DENIES THE CLAIM, THE ADMINISTRATOR SHALL PROVIDE THE CLAIMANT WITH WRITTEN
NOTICE OF SUCH DENIAL, SETTING FORTH, IN A MANNER CALCULATED TO BE UNDERSTOOD BY
THE CLAIMANT:
(I)
THE SPECIFIC REASON OR REASONS FOR SUCH
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 OR INFORMATION IS NECESSARY; AND AN
(IV)
EXPLANATION OF THE PLAN'S CLAIMS REVIEW
PROCEDURE AND TIME LIMITS APPLICABLE TO THOSE PROCEDURES.
(B)
THE WRITTEN NOTICE OF ANY CLAIM DENIAL
PURSUANT TO SECTION 8.11(A) SHALL BE GIVEN NOT LATER THAN THIRTY (30) DAYS AFTER
RECEIPT OF THE CLAIM BY THE ADMINISTRATOR, UNLESS THE ADMINISTRATOR DETERMINES
THAT SPECIAL CIRCUMSTANCES REQUIRE AN EXTENSION OF TIME FOR PROCESSING THE
CLAIM, IN WHICH EVENT:
(I)
WRITTEN NOTICE OF THE EXTENSION SHALL BE
GIVEN BY THE ADMINISTRATOR TO THE CLAIMANT PRIOR TO THIRTY (30) DAYS AFTER
RECEIPT OF THE CLAIM;
(II)
THE