OTHER DETERMINATIONS THAT
IT BELIEVES NECESSARY OR ADVISABLE FOR THE ADMINISTRATION OF THE PLAN, INCLUDING
RULES RESTRICTING THE AVAILABILITY TO SOME OR ALL PARTICIPANTS OF DEFERRAL
PERIOD ALTERNATIVES, INVESTMENT BENCHMARKS, OR DISTRIBUTION ALTERNATIVES
OTHERWISE AVAILABLE UNDER THE PLAN.
THE COMMITTEE SHALL HAVE ABSOLUTE
DISCRETION AND ALL DECISIONS MADE BY THE COMMITTEE PURSUANT TO THE EXERCISE OF
ITS AUTHORITY (INCLUDING, WITHOUT LIMITATION, ANY INTERPRETATION OF THE PLAN)
SHALL BE FINAL AND BINDING, IN THE ABSENCE OF ARBITRARY OR CAPRICIOUS ACTION, ON
ALL PERSONS AND SHALL BE ACCORDED THE MAXIMUM DEFERENCE PERMITTED BY LAW.
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12.4
THE COMPANY SHALL INDEMNIFY AND HOLD HARMLESS THE MEMBERS OF THE
COMMITTEE AGAINST ANY AND ALL CLAIMS, LOSS, DAMAGE, EXPENSE OR LIABILITY ARISING
FROM ANY ACTION OR FAILURE TO ACT WITH RESPECT TO THE PLAN TO THE FULLEST EXTENT
PERMITTED BY LAW.
ARTICLE XIII
CLAIMS PROCEDURES
13.1
THE COMPANY SHALL APPOINT AN INDIVIDUAL OR COMMITTEE OF INDIVIDUALS
(THE "DECISIONMAKER") TO EVALUATE CLAIMS MADE UNDER THE PLAN.
WITHIN 90 DAYS
AFTER THE COMPANY RECEIVES A WRITTEN CLAIM FOR BENEFITS UNDER THE PLAN, THE
DECISIONMAKER WILL EITHER APPROVE THE CLAIM OR NOTIFY THE CLAIMANT THAT THE
CLAIM IS DENIED.
THE DECISIONMAKER MAY EXTEND THIS TIME PERIOD BY UP TO AN
ADDITIONAL 90 DAYS UNDER SPECIAL CIRCUMSTANCES AND SHALL NOTIFY THE CLAIMANT OF
THE EXTENSION AND THE REASONS THEREFORE WITHIN THE INITIAL 90-DAY PERIOD.
NOTWITHSTANDING THE FOREGOING, TO THE EXTENT THAT A CLAIM
RELATES TO A DISTRIBUTION OR BENEFIT DUE AS A RESULT OF A DISABILITY (A
"DISABILITY BENEFIT"), THE DECISIONMAKER SHALL NOTIFY A CLAIMANT OF THE DENIAL
OF A CLAIM FOR DISABILITY BENEFITS UNDER THE PLAN WITHIN A REASONABLE PERIOD OF
TIME, BUT NOT LATER THAN 45 DAYS, AFTER RECEIPT OF A WRITTEN CLAIM.
THIS PERIOD
MAY BE EXTENDED BY THE DECISIONMAKER FOR TWO ADDITIONAL PERIODS OF UP TO 30 DAYS
EACH IF THE DECISIONMAKER DETERMINES THAT THE EXTENSION IS NECESSARY DUE TO
MATTERS BEYOND ITS CONTROL AND NOTIFIES THE CLAIMANT OF THE EXTENSION AND THE
REASONS THEREFORE BEFORE THE EXPIRATION OF THE APPLICABLE PERIOD.
SUCH NOTICES
OF EXTENSION SHALL SPECIFICALLY EXPLAIN THE STANDARDS ON WHICH ENTITLEMENT TO A
DISABILITY BENEFIT IS BASED, THE UNRESOLVED ISSUES THAT PREVENT A DECISION ON
THE CLAIM AND THE ADDITIONAL INFORMATION (IF ANY) NEEDED TO RESOLVE THOSE
ISSUES.
IF ADDITIONAL INFORMATION IS NEEDED, THE CLAIMANT SHALL HAVE AT LEAST
45 DAYS TO PROVIDE THE INFORMATION.
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13.2
IF A CLAIM IS DENIED, IN WHOLE OR IN PART, THE DECISIONMAKER SHALL
FURNISH TO THE CLAIMANT, AT THE TIME OF THE DENIAL, A WRITTEN NOTICE SETTING
FORTH IN A MANNER CALCULATED TO BE UNDERSTOOD BY THE CLAIMANT: (I) THE REASON(S)
FOR THE DENIAL, INCLUDING A REFERENCE TO ANY APPLICABLE PROVISIONS OF THE PLAN;
(II) 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 (III) AN EXPLANATION OF THE PLAN'S REVIEW
PROCEDURES AND THE TIME LIMITS APPLICABLE TO SUCH PROCEDURES.
IN ADDITION, IF A