AND APPLICATION OF THE PLAN AND THE RULES AND
REGULATIONS PROMULGATED HEREUNDER SHALL BE FINAL AND CONCLUSIVE AND BINDING UPON
ALL PERSONS HAVING ANY INTEREST IN THE PLAN.
11.04.
INDEMNITY OF COMMITTEE.
ALL EMPLOYERS SHALL INDEMNIFY AND HOLD
HARMLESS THE MEMBERS OF THE COMMITTEE, AND ANY AGENT TO WHOM DUTIES OF THE
COMMITTEE MAY BE DELEGATED, AGAINST ANY AND ALL CLAIMS, LOSSES, DAMAGES,
EXPENSES OR LIABILITIES ARISING FROM ANY ACTION OR FAILURE TO ACT WITH RESPECT
TO THE PLAN, EXCEPT IN THE CASE OF WILLFUL MISCONDUCT BY THE COMMITTEE OR ANY OF
ITS MEMBERS OR ANY SUCH AGENT.
11.05.
EMPLOYER INFORMATION.
TO ENABLE THE COMMITTEE TO PERFORM ITS
FUNCTIONS, EACH EMPLOYER SHALL SUPPLY FULL AND TIMELY INFORMATION TO THE
COMMITTEE ON ALL MATTERS RELATING TO THE COMPENSATION OF ITS PARTICIPANTS, THE
DATE AND CIRCUMSTANCES OF THE RETIREMENT, DISABILITY, DEATH OR TERMINATION OF
EMPLOYMENT OF ITS PARTICIPANTS, AND SUCH OTHER PERTINENT INFORMATION AS THE
COMMITTEE MAY REASONABLY REQUIRE.
ARTICLE 12
CLAIMS PROCEDURES
12.01.
PRESENTATION OF CLAIM.
ANY PARTICIPANT OR THE ESTATE OF A DECEASED
PARTICIPANT (SUCH PARTICIPANT OR ESTATE BEING REFERRED TO BELOW AS A "CLAIMANT")
MAY DELIVER TO THE
17
COMMITTEE A WRITTEN CLAIM FOR A DETERMINATION WITH RESPECT TO THE AMOUNTS
DISTRIBUTABLE TO SUCH CLAIMANT FROM THE PLAN.
IF SUCH A CLAIM RELATES TO THE
CONTENTS OF A NOTICE RECEIVED BY THE CLAIMANT, THE CLAIM MUST BE MADE WITHIN 60
DAYS AFTER SUCH NOTICE WAS RECEIVED BY THE CLAIMANT.
THE CLAIM MUST STATE WITH
PARTICULARITY THE DETERMINATION DESIRED BY THE CLAIMANT.
ALL OTHER CLAIMS MUST
BE MADE WITHIN 180 DAYS OF THE DATE ON WHICH THE EVENT THAT CAUSED THE CLAIM TO
ARISE OCCURRED.
THE CLAIM MUST STATE WITH PARTICULARITY THE DETERMINATION
DESIRED BY THE CLAIMANT.
12.02.
NOTIFICATION OF DECISION.
THE COMMITTEE SHALL CONSIDER A CLAIMANT'S
CLAIM WITHIN A REASONABLE TIME, AND SHALL NOTIFY THE CLAIMANT IN WRITING:
(A) THAT THE CLAIMANT'S REQUESTED DETERMINATION HAS BEEN MADE, AND THAT THE
CLAIM HAS BEEN ALLOWED IN FULL; OR (B) THAT THE COMMITTEE HAS REACHED A
CONCLUSION CONTRARY, IN WHOLE OR IN PART, TO THE CLAIMANT'S REQUESTED
DETERMINATION, AND SUCH NOTICE MUST SET FORTH IN A MANNER CALCULATED TO BE
UNDERSTOOD BY THE CLAIMANT:
(I)
THE SPECIFIC REASON(S) FOR THE DENIAL
OF THE CLAIM, OR ANY PART OF IT; (II) SPECIFIC REFERENCE(S) TO PERTINENT
PROVISIONS OF THE PLAN UPON WHICH SUCH DENIAL WAS 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
(IV) AN EXPLANATION OF THE CLAIM REVIEW PROCEDURE SET FORTH IN ARTICLE 12.03.
12.03.
REVIEW OF A DENIED CLAIM.
WITHIN 60 DAYS AFTER RECEIVING A NOTICE
FROM THE COMMITTEE THAT A CLAIM HAS BEEN DENIED, IN WHOLE OR IN PART, A CLAIMANT
(OR THE CLAIMANT'S DULY AUTHORIZED REPRESENTATIVE) MAY FILE WITH THE COMMITTEE A
WRITTEN REQUEST FOR A REVIEW OF THE DENIAL OF THE CLAIM.
THEREAFTER, BUT NOT
LATER THAN 30 DAYS AFTER THE REVIEW PROCEDURE BEGAN,