SERVICE OF LEGAL PROCESS ON BEHALF OF THE PLAN.
TO THE
FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY ACTION TAKEN BY THE
ADMINISTRATOR PURSUANT TO A REASONABLE INTERPRETATION OF THE PLAN SHALL BE
BINDING AND CONCLUSIVE ON ALL PERSONS CLAIMING BENEFITS UNDER THE PLAN, EXCEPT
TO THE EXTENT THAT A COURT OF COMPETENT JURISDICTION DETERMINES THAT SUCH ACTION
WAS ARBITRARY OR CAPRICIOUS.
(B)
THE ADMINISTRATOR'S DISCRETIONARY POWERS INCLUDE, BUT ARE NOT
LIMITED TO, THE FOLLOWING:
(1)
TO INTERPRET PLAN DOCUMENTS, DECIDE ALL QUESTIONS OF ELIGIBILITY,
DETERMINE WHETHER A PARTICIPANT HAS TERMINATED EMPLOYMENT, DETERMINE THE AMOUNT,
MANNER, AND TIMING OF DISTRIBUTIONS UNDER THE PLAN, AND RESOLVE ANY CLAIMS FOR
BENEFITS;
(2)
TO PRESCRIBE PROCEDURES TO BE FOLLOWED BY A PARTICIPANT,
BENEFICIARY, OR OTHER PERSON APPLYING FOR BENEFITS;
(3)
TO APPOINT OR EMPLOY PERSONS TO ASSIST IN THE ADMINISTRATION OF
THE PLAN AND ANY OTHER AGENTS AS IT DEEMS ADVISABLE;
(4)
TO ADOPT SUCH RULES AS IT DEEMS NECESSARY OR APPROPRIATE; AND
(5)
TO MAINTAIN AND KEEP ADEQUATE RECORDS CONCERNING THE PLAN,
INCLUDING SUFFICIENT RECORDS TO DETERMINE EACH PARTICIPANT'S ELIGIBILITY TO
PARTICIPATE AND HIS INTEREST IN THE PLAN, AND ITS PROCEEDINGS AND ACTS IN SUCH
FORM AND DETAIL AS IT MAY DECIDE.
SECTION 5.02
INDEMNIFICATION.
THE COMPANY SHALL INDEMNIFY AND HOLD
HARMLESS THE ADMINISTRATOR, ANY PERSON SERVING ON A COMMITTEE THAT SERVES AS
ADMINISTRATOR, AND ANY OFFICER, EMPLOYEE, OR DIRECTOR OF AN EMPLOYER TO WHOM ANY
DUTY OR POWER RELATING TO THE ADMINISTRATION OF THE PLAN HAS BEEN PROPERLY
DELEGATED FROM AND AGAINST ANY COST, EXPENSE, OR LIABILITY ARISING OUT OF ANY
ACT OR OMISSION IN CONNECTION WITH THE PLAN, UNLESS ARISING OUT OF SUCH PERSON'S
OWN FRAUD OR BAD FAITH.
SECTION 5.03
CLAIMS AND CLAIMS REVIEW PROCEDURE.
(A)
ALL BENEFIT CLAIMS MUST BE MADE IN ACCORDANCE WITH PROCEDURES
ESTABLISHED BY THE ADMINISTRATOR FROM TIME TO TIME.
A BENEFIT CLAIM AND ANY
APPEAL THEREOF MAY BE FILED BY THE CLAIMANT OR HIS AUTHORIZED REPRESENTATIVE.
(B)
THE ADMINISTRATOR SHALL PROVIDE THE CLAIMANT WITH WRITTEN OR
ELECTRONIC NOTICE OF ITS APPROVAL OR DENIAL OF A PROPERLY FILED BENEFIT CLAIM
WITHIN 90 DAYS AFTER RECEIVING THE CLAIM, UNLESS SPECIAL CIRCUMSTANCES REQUIRE
AN EXTENSION OF THE DECISION PERIOD.
IF SPECIAL CIRCUMSTANCES REQUIRE AN
EXTENSION OF THE TIME FOR PROCESSING THE CLAIM, THE INITIAL 90-DAY PERIOD MAY BE
EXTENDED FOR UP TO AN ADDITIONAL 90 DAYS.
IF AN EXTENSION IS REQUIRED, THE
ADMINISTRATOR SHALL PROVIDE WRITTEN NOTICE OF THE REQUIRED EXTENSION BEFORE THE
END OF THE INITIAL 90-DAY PERIOD, WHICH NOTICE SHALL (I) SPECIFY THE
CIRCUMSTANCES REQUIRING AN EXTENSION AND (II) THE DATE BY WHICH THE
ADMINISTRATOR EXPECTS TO MAKE A DECISION.
9
(C)
IF A BENEFIT CLAIM IS DENIED, THE ADMINISTRATOR SHALL PROVIDE THE
CLAIMANT WITH WRITTEN OR ELECTRONIC NOTICE CONTAINING (I) THE SPECIFIC REASONS
FOR THE DENIAL, (II) REFERENCES TO THE APPLICABLE PLAN PROVISIONS ON WHICH THE
DENIAL IS BASED, (III) A DESCRIPTION OF ANY ADDITIONAL MATERIAL OR INFORMATION
NEEDED AND WHY SUCH MATERIAL OR INFORMATION IS NECESSARY, AND (IV) A DESCRIPTION
OF THE