AND APPLICABLE TO ALL PERSONS SIMILARLY
SITUATED. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE COMMITTEE SHALL
HAVE THE FOLLOWING POWERS AND DUTIES:
(A)
TO FURNISH TO ALL PARTICIPANTS, UPON REQUEST, COPIES OF THE
PLAN; AND TO REQUIRE ANY PERSON TO FURNISH SUCH INFORMATION AS IT MAY REQUEST
FOR THE PURPOSE OF THE PROPER ADMINISTRATION OF THE PLAN AS A CONDITION TO
RECEIVING ANY BENEFITS UNDER THE PLAN;
(B)
TO MAKE AND ENFORCE SUCH RULES AND REGULATIONS AND PRESCRIBE
THE USE OF SUCH FORMS AS IT SHALL DEEM NECESSARY FOR THE EFFICIENT
ADMINISTRATION OF THE PLAN;
(C)
TO INTERPRET THE PLAN, AND TO RESOLVE AMBIGUITIES,
INCONSISTENCIES AND OMISSIONS, WHICH FINDINGS SHALL BE BINDING, FINAL AND
CONCLUSIVE;
(D)
TO DECIDE ON QUESTIONS CONCERNING THE PLAN IN ACCORDANCE WITH
THE PROVISIONS OF THE PLAN;
(E)
TO DETERMINE THE AMOUNT OF BENEFITS WHICH SHALL BE PAYABLE TO
ANY PERSON IN ACCORDANCE WITH THE PROVISIONS OF THE PLAN; AND TO PROVIDE A FULL
AND FAIR REVIEW TO ANY PARTICIPANT WHOSE CLAIM FOR BENEFITS HAS BEEN DENIED IN
WHOLE OR IN PART AS DESCRIBED IN SECTION 9.5;
(F)
THE POWER TO DESIGNATE A PERSON WHO MAY OR MAY NOT BE A
MEMBER OF THE COMMITTEE AS PLAN "ADMINISTRATOR" FOR THE PURPOSE OF ERISA; IF THE
COMMITTEE DOES NOT SO DESIGNATE AN ADMINISTRATOR, THE COMMITTEE SHALL BE THE
PLAN ADMINISTRATOR;
(G)
TO ALLOCATE ANY SUCH POWERS AND DUTIES TO OR AMONG INDIVIDUAL
MEMBERS OF THE COMMITTEE; AND
(H)
TO DESIGNATE PERSONS OTHER THAN COMMITTEE MEMBERS TO CARRY OUT
ANY DUTY OR POWER WHICH WOULD OTHERWISE BE A RESPONSIBILITY OF THE COMMITTEE OR
ADMINISTRATOR, UNDER THE TERMS OF THE PLAN.
9.3
TO THE EXTENT PERMITTED BY LAW, THE COMMITTEE AND ANY PERSON TO WHOM
IT MAY DELEGATE ANY DUTY OR POWER IN CONNECTION WITH ADMINISTERING THE PLAN, THE
EMPLOYER, AND THE OFFICERS AND DIRECTORS THEREOF, SHALL BE ENTITLED TO RELY
CONCLUSIVELY UPON, AND SHALL BE FULLY PROTECTED IN ANY ACTION TAKEN OR SUFFERED
BY THEM IN GOOD FAITH IN THE RELIANCE UPON, ANY
19
ACTUARY, COUNSEL , ACCOUNTANT, OTHER SPECIALIST, OR OTHER PERSON SELECTED BY THE
COMMITTEE, OR IN RELIANCE UPON ANY TABLES, VALUATIONS, CERTIFICATES, OPINIONS OR
REPORTS WHICH SHALL BE FURNISHED BY ANY OF THEM. FURTHER, TO THE EXTENT
PERMITTED BY LAW, NO MEMBER OF THE COMMITTEE, NOR THE EMPLOYER, NOR THE OFFICERS
OR DIRECTORS THEREOF, SHALL BE LIABLE FOR ANY NEGLECT, OMISSION OR WRONGDOING OF
ANY OTHER MEMBERS OF THE COMMITTEE, AGENT, OFFICER OR EMPLOYEE OF AN EMPLOYER.
ANY PERSON CLAIMING UNDER THE PLAN SHALL LOOK SOLELY TO THE EMPLOYER FOR
REDRESS.
9.4
ALL EXPENSES INCURRED PRIOR TO THE TERMINATION OF THE PLAN THAT SHALL
ARISE IN CONNECTION WITH THE ADMINISTRATION OF THE PLAN, INCLUDING, BUT NOT
LIMITED TO ADMINISTRATIVE EXPENSES, PROPER CHARGES AND DISBURSEMENTS,
COMPENSATION AND OTHER EXPENSES AND CHARGES OF ANY ACTUARY, COUNSEL, ACCOUNTANT,
SPECIALIST, OR OTHER PERSON WHO SHALL BE EMPLOYED BY THE COMMITTEE IN CONNECTION
WITH THE ADMINISTRATION THEREOF, SHALL BE PAID BY THE EMPLOYER.
9.5
Claims Procedure.
(a)
In