THE PLAN.
ALL
INTERPRETATIONS BY THE ADMINISTRATIVE COMMITTEE WITH RESPECT TO ANY MATTER
HEREUNDER SHALL BE FINAL, CONCLUSIVE AND BINDING ON ALL PERSONS AFFECTED
THEREBY.
NO MEMBER OF THE ADMINISTRATIVE COMMITTEE OR AGENT THEREOF SHALL BE
LIABLE FOR ANY DETERMINATION, DECISION, OR ACTION MADE IN GOOD FAITH WITH
RESPECT TO THE PLAN.
EACH EMPLOYER AND PARTICIPATING AFFILIATE AND THE COMPANY
WILL INDEMNIFY AND HOLD HARMLESS THE MEMBERS OF THE ADMINISTRATIVE COMMITTEE
FROM AND AGAINST ANY AND ALL LIABILITIES, COSTS, AND EXPENSES INCURRED BY SUCH
PERSONS AS A RESULT OF ANY ACT OR OMISSION, IN CONNECTION WITH THE PERFORMANCE
OF SUCH PERSONS' DUTIES, RESPONSIBILITIES, AND OBLIGATIONS UNDER THE PLAN, OTHER
THAN SUCH LIABILITIES, COSTS, AND EXPENSES AS MAY RESULT FROM THE BAD FAITH,
WILLFUL MISCONDUCT, OR CRIMINAL ACTS OF SUCH PERSONS.
7.2
CLAIMS PROCEDURE.
ANY PARTICIPANT, FORMER PARTICIPANT OR
BENEFICIARY MAY FILE A WRITTEN CLAIM WITH THE ADMINISTRATIVE COMMITTEE SETTING
FORTH THE NATURE OF THE BENEFIT CLAIMED, THE AMOUNT THEREOF, AND THE BASIS FOR
CLAIMING ENTITLEMENT TO SUCH BENEFIT.
THE ADMINISTRATIVE COMMITTEE SHALL
DETERMINE THE VALIDITY OF THE CLAIM AND COMMUNICATE A DECISION TO THE CLAIMANT
PROMPTLY AND, IN ANY EVENT, NOT LATER THAN NINETY (90) DAYS AFTER THE DATE OF
THE CLAIM.
THE CLAIM MAY BE DEEMED BY THE CLAIMANT TO HAVE BEEN DENIED FOR
PURPOSES OF FURTHER REVIEW DESCRIBED BELOW IN THE EVENT A DECISION IS NOT
FURNISHED TO THE CLAIMANT WITHIN SUCH NINETY (90) DAY PERIOD.
IF ADDITIONAL
INFORMATION IS NECESSARY TO MAKE A DETERMINATION ON A CLAIM, THE CLAIMANT SHALL
BE ADVISED OF THE NEED FOR SUCH ADDITIONAL INFORMATION WITHIN FORTY-FIVE (45)
DAYS AFTER THE DATE OF THE CLAIM.
THE CLAIMANT SHALL HAVE UP TO ONE HUNDRED AND
EIGHTY (180) DAYS TO SUPPLEMENT THE CLAIM INFORMATION, AND THE CLAIMANT SHALL BE
ADVISED OF THE DECISION ON THE CLAIM WITHIN FORTY-FIVE (45) DAYS AFTER THE
EARLIER OF THE DATE THE SUPPLEMENTAL INFORMATION IS SUPPLIED OR THE END OF THE
ONE HUNDRED AND EIGHTY (180) DAY PERIOD.
EVERY CLAIM FOR BENEFITS THAT IS
DENIED SHALL BE
13
DENIED BY WRITTEN NOTICE SETTING FORTH IN A MANNER CALCULATED TO BE UNDERSTOOD
BY THE CLAIMANT (I) THE SPECIFIC REASON OR REASONS FOR THE DENIAL, (II) SPECIFIC
REFERENCE TO ANY PROVISIONS OF THE PLAN (INCLUDING ANY INTERNAL RULES,
GUIDELINES, PROTOCOLS, CRITERIA, ETC.) ON WHICH THE DENIAL IS BASED,
(III) DESCRIPTION OF ANY ADDITIONAL MATERIAL OR INFORMATION THAT IS NECESSARY TO
PROCESS THE CLAIM, AND (IV) AN EXPLANATION OF THE PROCEDURE FOR FURTHER
REVIEWING THE DENIAL OF THE CLAIM AND SHALL INCLUDE AN EXPLANATION OF THE
CLAIMANT'S RIGHT TO SUBMIT THE CLAIM FOR BINDING ARBITRATION IN THE EVENT OF AN
ADVERSE DETERMINATION ON REVIEW.
7.3
REVIEW PROCEDURES.
WITHIN SIXTY (60) DAYS AFTER THE RECEIPT OF A
DENIAL ON A CLAIM, A CLAIMANT OR HIS/HER AUTHORIZED REPRESENTATIVE MAY FILE A
WRITTEN REQUEST FOR REVIEW OF SUCH DENIAL.
SUCH REVIEW SHALL BE UNDERTAKEN BY
THE ADMINISTRATIVE COMMITTEE AND SHALL BE A FULL AND FAIR REVIEW. THE CLAIMANT
SHALL HAVE THE RIGHT TO REVIEW ALL