(B)
FORMULATE, INTERPRET AND APPLY RULES, REGULATIONS AND POLICIES
NECESSARY TO ADMINISTER THE PLAN;
(C)
DECIDE QUESTIONS, INCLUDING LEGAL OR FACTUAL QUESTIONS, RELATING
TO THE CALCULATION AND PAYMENT OF BENEFITS, AND ALL OTHER DETERMINATIONS MADE,
UNDER THE PLAN;
(D)
RESOLVE AND/OR CLARIFY ANY FACTUAL OR OTHER AMBIGUITIES,
INCONSISTENCIES AND OMISSIONS ARISING UNDER THE PLAN OR OTHER PLAN DOCUMENTS;
AND
(E)
PROCESS, AND APPROVE OR DENY, BENEFIT CLAIMS AND RULE ON ANY
BENEFIT EXCLUSIONS.
All determinations made by the Committee (or, where applicable, any duly
authorized delegee of the Committee) with respect to any matter arising under
the Plan shall be final and binding on the Company, Eligible Employee,
Participant, beneficiary, and all other parties affected thereby.
C.
STATEMENT OF PARTICIPANTS RIGHTS UNDER ERISA.
AS A PARTICIPANT IN THE PLAN YOU ARE ENTITLED TO CERTAIN RIGHTS AND PROTECTIONS
UNDER THE EMPLOYEE RETIREMENT INCOME SECURITY ACT OF 1974, AS AMENDED
("ERISA").
ERISA PROVIDES THAT ALL PLAN PARTICIPANTS SHALL BE ENTITLED TO:
1.
RECEIVE INFORMATION ABOUT YOUR PLAN AND BENEFITS
(A)
EXAMINE, WITHOUT CHARGE, AT THE PLAN ADMINISTRATOR'S OFFICE AND AT
OTHER SPECIFIED LOCATIONS, SUCH AS WORKSITES, ALL DOCUMENTS GOVERNING THE PLAN.
(B)
OBTAIN, UPON WRITTEN REQUEST TO THE PLAN ADMINISTRATOR, COPIES OF
DOCUMENTS GOVERNING THE OPERATION OF THE PLAN.
THE PLAN ADMINISTRATOR MAY MAKE
A REASONABLE CHARGE FOR THE COPIES.
2.
Prudent Actions by Plan Fiduciaries.
In addition to creating
rights for Plan participants, ERISA imposes duties upon the people who are
responsible for the operation of the employee benefit plan.
The people who
operate your Plan, called "fiduciaries" of the Plan, have a duty to do so
prudently and in the interest of you and other Plan participants and
beneficiaries.
No one, including your employer or any other person, may fire
you or otherwise discriminate against you in any way to prevent you from
obtaining a welfare benefit or exercising your rights under ERISA.
3.
ENFORCE YOUR RIGHTS
(A)
IF YOUR CLAIM FOR A WELFARE BENEFIT IS DENIED OR IGNORED, IN WHOLE
OR IN PART, YOU HAVE A RIGHT TO KNOW WHY THIS WAS DONE, TO OBTAIN COPIES OF
DOCUMENTS RELATING TO THE DECISION WITHOUT CHARGE, AND TO APPEAL ANY DENIAL, ALL
WITHIN CERTAIN TIME SCHEDULES.
A-3
(B)
UNDER ERISA, THERE ARE STEPS YOU CAN TAKE TO ENFORCE THE ABOVE
RIGHTS. FOR INSTANCE, IF YOU REQUEST A COPY OF PLAN DOCUMENTS OR THE LATEST
ANNUAL REPORT FROM THE PLAN AND DO NOT RECEIVE THEM WITHIN 30 DAYS, YOU MAY FILE
SUIT IN A FEDERAL COURT.
IN SUCH A CASE, THE COURT MAY REQUIRE THE PLAN
ADMINISTRATOR TO PROVIDE MATERIALS AND PAY YOU UP TO $110 A DAY UNTIL YOU
RECEIVE THE MATERIALS, UNLESS THE MATERIALS WERE NOT SENT BECAUSE OF REASONS
BEYOND THE CONTROL OF THE PLAN ADMINISTRATOR.
IF YOU HAVE A CLAIM FOR BENEFITS
WHICH IS DENIED OR IGNORED, IN WHOLE OR IN PART, AFTER YOU HAVE EXHAUSTED THE
PLAN'S CLAIM AND REVIEW PROCEDURES DESCRIBED ABOVE, YOU MAY FILE SUIT IN A STATE
OR FEDERAL COURT.
IF YOU ARE