HIS/HER ACCOUNT AS DETERMINED UNDER
SECTION 3.5, CLAUSE (B) OF THIS PLAN.
(B)
BENEFIT COMMENCEMENT DATE.
THE COMPANY
SHALL PAY THE AMOUNT DETERMINED UNDER SECTION 4.1(A) IN A SINGLE SUM IN CASH ON
OR BEFORE THE EXPIRATION OF NINETY (90) DAYS FOLLOWING THE CHANGE IN CONTROL
DATE.
NOTWITHSTANDING THE FOREGOING TO THE CONTRARY, IF A PARTICIPANT DIES
PRIOR TO THE DATE ON WHICH THE DISTRIBUTION OF SUCH
7
AMOUNT IS COMPLETED, THE BENEFICIARY OF THE PARTICIPANT SHALL BE ENTITLED TO
RECEIVE SUCH AMOUNTS AT THE TIME AND IN THE FORM OF DISTRIBUTION AS APPLICABLE
TO THE PARTICIPANT HAD HE/SHE SURVIVED.
4.2
CLAIMS PROCEDURE FOR BENEFITS.
(A)
INITIAL REQUEST FOR INFORMATION/CLAIM.
ANY
REQUEST FOR SPECIFIC INFORMATION OR A CLAIM WITH RESPECT TO A BENEFIT UNDER THIS
PLAN MUST BE MADE TO THE PLAN ADMINISTRATOR IN WRITING BY A PARTICIPANT, OR IN
THE EVENT OF THE DEATH OF A PARTICIPANT, THE BENEFICIARY OF THE PARTICIPANT.
THE PLAN ADMINISTRATOR SHALL NOT RECOGNIZE AN ORAL COMMUNICATION AS A FORMAL
REQUEST OR CLAIM FOR BENEFITS UNDER THIS PLAN.
WRITTEN NOTICE OF THE
DISPOSITION OF A CLAIM SHALL BE FURNISHED TO THE CLAIMANT WITHIN NINETY (90)
DAYS AFTER THE APPLICATION FOR BENEFITS IS FILED WITH THE PLAN ADMINISTRATOR,
UNLESS SPECIAL CIRCUMSTANCES REQUIRE AN EXTENSION OF TIME FOR PROCESSING THE
CLAIM.
IF SUCH AN EXTENSION OF TIME FOR PROCESSING IS REQUIRED, THE PLAN
ADMINISTRATOR SHALL FURNISH THE CLAIMANT WRITTEN NOTICE OF THE EXTENSION PRIOR
TO THE TERMINATION OF THE INITIAL NINETY (90) DAY PERIOD.
IN NO EVENT SHALL
SUCH AN EXTENSION EXCEED A PERIOD OF NINETY (90) DAYS FROM THE END OF THE
INITIAL PERIOD.
THE EXTENSION NOTICE SHALL INDICATE THE SPECIAL CIRCUMSTANCES
REQUIRING AN EXTENSION OF TIME AND THE DATE BY WHICH THE PLAN ADMINISTRATOR
EXPECTS TO RENDER ITS DECISION.
(B)
APPEALS OF DENIED CLAIMS FOR BENEFITS.
IN
THE EVENT THAT ANY CLAIM FOR A BENEFIT IS DENIED IN WHOLE OR IN PART, OR ANY
BENEFIT IS FORFEITED UNDER THE PROVISIONS OF THIS PLAN, THE CLAIMANT WHOSE CLAIM
HAS BEEN SO DENIED OR BENEFIT FORFEITED, SHALL BE NOTIFIED OF SUCH DENIAL OR
FORFEITURE IN WRITING BY THE PLAN ADMINISTRATOR.
THE NOTICE ADVISING OF THE
DENIAL OR FORFEITURE SHALL SPECIFY THE REASON OR REASONS FOR DENIAL OR
FORFEITURE, MAKE SPECIFIC REFERENCE TO PERTINENT PROVISIONS OF THE PLAN, SHALL
DESCRIBE ANY ADDITIONAL MATERIAL OR INFORMATION NECESSARY FOR THE CLAIMANT TO
PERFECT THE CLAIM (EXPLAINING WHY SUCH MATERIAL OR INFORMATION IS NEEDED), AND
SHALL ADVISE THE PARTICIPANT OR BENEFICIARY, AS APPLICABLE, OF THE PROCEDURE FOR
THE APPEAL OF SUCH DENIAL OR FORFEITURE.
ALL APPEALS SHALL BE MADE THROUGH THE
FOLLOWING PROCEDURE:
(I)
THE CLAIMANT WHOSE CLAIM HAS BEEN DENIED
OR BENEFITS FORFEITED SHALL FILE WITH THE PLAN ADMINISTRATOR A NOTICE OF DESIRE
TO APPEAL THE DENIAL OR FORFEITURE. SUCH NOTICE SHALL BE FILED WITHIN SIXTY (60)
DAYS OF NOTIFICATION BY THE PLAN ADMINISTRATOR OF THE CLAIM DENIAL OR
FORFEITURE, SHALL BE MADE IN WRITING, AND SHALL SET FORTH ALL OF THE FACTS UPON
WHICH THE APPEAL IS BASED.