NECESSARY OR APPROPRIATE TO CARRY OUT THE PLAN.
THE COMMITTEE HAS THE
DISCRETION AS A PLAN FIDUCIARY (I) TO INTERPRET AND CONSTRUE THE TERMS AND
PROVISIONS OF THE PLAN (INCLUDING ANY RULES OR REGULATIONS ADOPTED UNDER THE
PLAN), (II) TO DETERMINE QUESTIONS OF ELIGIBILITY TO PARTICIPATE IN THE PLAN AND
(III) TO MAKE FACTUAL DETERMINATIONS IN CONNECTION WITH ANY OF THE FOREGOING.
A
DECISION OF THE COMMITTEE WITH RESPECT TO ANY MATTER PERTAINING TO THE PLAN
INCLUDING WITHOUT LIMITATION THE INDIVIDUALS DETERMINED TO BE PARTICIPANTS, THE
BENEFITS PAYABLE, AND THE CONSTRUCTION OR INTERPRETATION OF ANY PROVISION
THEREOF, SHALL BE CONCLUSIVE AND BINDING UPON ALL INTERESTED PERSONS.
NO
COMMITTEE MEMBER SHALL PARTICIPATE IN ANY DECISION OF THE COMMITTEE THAT WOULD
DIRECTLY AND SPECIFICALLY AFFECT THE TIMING OR AMOUNT OF HIS OR HER BENEFITS
UNDER THE PLAN, EXCEPT TO THE EXTENT THAT SUCH DECISION APPLIES TO ALL
PARTICIPANTS UNDER THE PLAN.
ARTICLE X
CLAIMS PROCEDURE
10.1
A PERSON WITH AN INTEREST IN THE PLAN SHALL HAVE THE RIGHT TO FILE
A CLAIM FOR BENEFITS UNDER THE PLAN AND TO APPEAL ANY DENIAL OF A CLAIM FOR
BENEFITS.
ANY REQUEST FOR A PLAN BENEFIT OR TO CLARIFY THE CLAIMANT'S RIGHTS TO
FUTURE BENEFITS UNDER THE TERMS OF THE PLAN SHALL BE CONSIDERED TO BE A CLAIM.
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10.2
A CLAIM FOR BENEFITS WILL BE CONSIDERED AS HAVING BEEN MADE WHEN
SUBMITTED IN WRITING BY THE CLAIMANT (OR BY SUCH CLAIMANT'S AUTHORIZED
REPRESENTATIVE) TO THE COMMITTEE.
NO PARTICULAR FORM IS REQUIRED FOR THE CLAIM,
BUT THE WRITTEN CLAIM MUST IDENTIFY THE NAME OF THE CLAIMANT AND DESCRIBE
GENERALLY THE BENEFIT TO WHICH THE CLAIMANT BELIEVES HE OR SHE IS ENTITLED.
THE
CLAIM MAY BE DELIVERED PERSONALLY DURING BUSINESS HOURS OR MAILED TO THE
COMMITTEE.
10.3
THE COMMITTEE WILL DETERMINE WHETHER, OR TO WHAT EXTENT, THE CLAIM
MAY BE ALLOWED OR DENIED UNDER THE TERMS OF THE PLAN.
IF THE CLAIM IS WHOLLY OR
PARTIALLY DENIED, THE CLAIMANT SHALL BE SO INFORMED BY WRITTEN NOTICE 90 DAYS
AFTER THE DAY THE CLAIM IS SUBMITTED UNLESS SPECIAL CIRCUMSTANCES REQUIRE AN
EXTENSION OF TIME FOR PROCESSING THE CLAIM.
IF SUCH AN EXTENSION OF TIME FOR
PROCESSING IS REQUIRED, WRITTEN NOTICE OF THE EXTENSION SHALL BE FURNISHED TO
THE CLAIMANT PRIOR TO THE TERMINATION OF THE INITIAL 90-DAY PERIOD.
THE
EXTENSION NOTICE SHALL INDICATE THE SPECIAL CIRCUMSTANCES REQUIRING AN EXTENSION
OF TIME AND THE DATE BY WHICH THE PLAN EXPECTS TO RENDER THE FINAL DECISION.
IF
NOTICE OF DENIAL OF A CLAIM (IN WHOLE OR IN PART) IS NOT FURNISHED WITHIN THE
INITIAL 90-DAY PERIOD AFTER THE CLAIM IS SUBMITTED (OR, IF APPLICABLE, THE
EXTENDED 90-DAY PERIOD), THE CLAIMANT SHALL CONSIDER THAT HIS OR HER CLAIM HAS
BEEN DENIED JUST AS IF HE OR SHE HAD RECEIVED ACTUAL NOTICE OF DENIAL.
10.4
THE NOTICE INFORMING THE CLAIMANT THAT HIS CLAIM HAS BEEN WHOLLY OR
PARTIALLY DENIED SHALL BE WRITTEN IN A MANNER CALCULATED TO BE UNDERSTOOD BY THE
CLAIMANT AND SHALL INCLUDE:
(A)
THE SPECIFIC REASON(S) FOR