7.
PAYMENTS TO A MINOR. ANY PAYMENTS TO A
MINOR FROM THIS PLAN MAY BE PAID BY THE PLAN ADMINISTRATOR IN ITS SOLE AND
ABSOLUTE DISCRETION (A) DIRECTLY TO SUCH MINOR; (B) TO THE LEGAL OR NATURAL
GUARDIAN OF SUCH MINOR; OR (C) TO ANY OTHER PERSON, WHETHER OR NOT APPOINTED
GUARDIAN OF THE MINOR, WHO SHALL HAVE THE CARE AND CUSTODY OF SUCH MINOR. THE
RECEIPT BY SUCH INDIVIDUAL SHALL BE A COMPLETE DISCHARGE OF ALL LIABILITY UNDER
THE PLAN THEREFOR.
8.
PLAN NOT A CONTRACT OF EMPLOYMENT.
NOTHING CONTAINED IN THIS PLAN SHALL BE HELD OR CONSTRUED TO CREATE ANY
LIABILITY UPON THE COMPANY TO RETAIN ANY ELIGIBLE EMPLOYEE IN ITS SERVICE. ALL
ELIGIBLE EMPLOYEES SHALL REMAIN SUBJECT TO DISCHARGE OR DISCIPLINE TO THE SAME
EXTENT AS IF THE PLAN HAD NOT BEEN PUT INTO EFFECT.
9.
FINANCING. THE BENEFITS PAYABLE UNDER
THIS PLAN SHALL BE PAID OUT OF THE GENERAL ASSETS OF THE COMPANY. NO PARTICIPANT
OR ANY OTHER PERSON SHALL HAVE ANY INTEREST WHATSOEVER IN ANY SPECIFIC ASSET OF
THE COMPANY. TO THE EXTENT THAT ANY PERSON ACQUIRES A RIGHT TO RECEIVE PAYMENTS
UNDER THIS PLAN, SUCH RIGHT SHALL NOT BE SECURED BY ANY ASSETS OF THE COMPANY.
10.
NONTRANSFERABILITY. IN NO EVENT SHALL THE
COMPANY MAKE ANY PAYMENT UNDER THIS PLAN TO ANY ASSIGNEE OR CREDITOR OF A
PARTICIPANT, EXCEPT AS OTHERWISE REQUIRED BY LAW. PRIOR TO THE TIME OF A PAYMENT
HEREUNDER, A PARTICIPANT SHALL HAVE NO RIGHTS BY WAY OF ANTICIPATION OR
OTHERWISE TO ASSIGN OR OTHERWISE DISPOSE OF ANY INTEREST UNDER THIS PLAN, NOR
SHALL RIGHTS BE ASSIGNED OR TRANSFERRED BY OPERATION OF LAW.
ARTICLE VII - WHAT ELSE A PARTICIPANT NEEDS
TO KNOW ABOUT THE PLAN
1.
CLAIM PROCEDURE. AN ELIGIBLE EMPLOYEE
MAY FILE A WRITTEN CLAIM WITH THE PLAN ADMINISTRATOR WITH RESPECT TO HIS OR HER
RIGHTS TO RECEIVE A BENEFIT FROM THE PLAN. THE ELIGIBLE EMPLOYEE WILL BE
INFORMED OF THE DECISION OF THE PLAN ADMINISTRATOR WITH RESPECT TO THE CLAIM
WITHIN NINETY (90) DAYS AFTER IT IS FILED. UNDER SPECIAL CIRCUMSTANCES, THE PLAN
ADMINISTRATOR MAY REQUIRE AN ADDITIONAL PERIOD OF NOT MORE THAN NINETY (90) DAYS
TO REVIEW A CLAIM. IF THAT HAPPENS, THE ELIGIBLE EMPLOYEE WILL RECEIVE A WRITTEN
9
NOTICE OF THAT FACT, WHICH WILL ALSO INDICATE THE SPECIAL CIRCUMSTANCES
REQUIRING THE EXTENSION OF TIME AND THE DATE BY WHICH THE PLAN ADMINISTRATOR
EXPECTS TO MAKE A DETERMINATION WITH RESPECT TO THE CLAIM. IF THE EXTENSION IS
REQUIRED DUE TO THE ELIGIBLE EMPLOYEE'S FAILURE TO SUBMIT INFORMATION NECESSARY
TO DECIDE THE CLAIM, THE PERIOD FOR MAKING THE DETERMINATION WILL BE TOLLED FROM
THE DATE ON WHICH THE EXTENSION NOTICE IS SENT UNTIL THE DATE ON WHICH THE
ELIGIBLE EMPLOYEE RESPONDS TO THE PLAN'S REQUEST FOR INFORMATION. THE PLAN
ADMINISTRATOR HAS DELEGATED TO THE VICE PRESIDENT OF HUMAN RESOURCES OF THE
COMPANY THE AUTHORITY TO MAKE THE INITIAL DECISION ON ANY CLAIM NOT BROUGHT BY
SUCH INDIVIDUAL.
If a claim is denied in whole or in