Common use of Claims for Benefits Clause in Contracts

Claims for Benefits. (a) Any claim for specific benefits under this Agreement shall be made in writing to the Administrator. If any claim for benefits under this Agreement is wholly or partially denied, notice of the decision shall be furnished to the claimant within a reasonable period of time, not to exceed 90 days after receipt of the claim by the Administrator, unless special circumstances require an extension of time for processing the claim. If such an extension of time is required, written notice of the extension shall be furnished to the claimant prior to the termination of the initial 90-day period. In no event shall such extension exceed the period of 90 days from the end of such initial period. The extension notice shall indicate the special circumstances requiring an extension of time and the date on which the administrator expects to render a decision. (b) The Administrator shall provide every claimant who is denied a claim for benefits written notice setting forth, in a manner calculated to be understood by the claimant, the following: (1) specific reasons for the denial; (2) specific reference to pertinent provisions upon which the denial is based; (3) a description of any additional material or information necessary for the claimant to perfect the claim and an explanation of why such material or information is necessary; and (4) an explanation of the Agreement's claims review procedure as set forth below. (c) The claimant may appeal the denial of his claim to the named fiduciary for a full and fair review. The claimant or his duly authorized representative may request a review upon written application to the Administrator, review pertinent documents, and submit issues and comments in writing. A claimant (or his duly authorized representative) shall request a review by filing a written application for review with the Board or its designee (the "Reviewer") at any time within 60 days after receipt by the claimant of written notice of the denial of his claim. (d) The decision on review shall be made by the Reviewer, who may, in his discretion, hold a hearing on the denied claim; the Reviewer shall make his decision promptly, and not later than 60 days after the Administrator receives the request for review, unless special circumstances require extension of time for processing, in which case a decision shall be rendered as soon as possible, but not later than 120 days after receipt of the request for review. If such an extension of time for review is required, written notice of the extension (including the special circumstances requiring the extension of time) shall be furnished to the claimant prior to the commencement of the extension. In the event that the decision on review is not furnished within the time period set forth in this paragraph, the claim shall be deemed denied on review. The decision on review shall be in writing and shall include reasons for the decision, written in a manner calculated to be understood by the claimant, and specific references to the pertinent provisions in the relevant documents on which the decision is based.

Claims for Benefits. A Participant, Alternate Payee, Beneficiary, or in each case, his or her authorized representative (athe “Claimant”) Any claim for specific benefits under this Agreement shall be made in writing to the Administrator. If any file a claim for benefits under this Agreement procedures established by the Plan Administrator subject to the following: (a) A claim shall be filed with the Plan Administrator or, if so designated by the Plan Administrator, with the Investment Sponsor, (the “Claims Administrator”) in the manner prescribed by the Claims Administrator. (b) If the claim is wholly denied in whole or partially deniedin part, the Claims Administrator shall furnish the Claimant with written or electronic notice of the decision shall be furnished denial with respect to the claimant a claim within a reasonable period of time, not to exceed 90 days after following receipt of the claim by the Administrator, unless Claims Administrator of a claim and all necessary documents and information. The 90-day period may be extended should special circumstances require an extension of time for processing the claim. If such an extension of time is required, The Claims Administrator or its delegate shall furnish the Claimant with written or electronic notice of the extension shall be furnished to the claimant prior to the termination expiration of the initial 90-day period. In no event shall such period or extension exceed the period of 90 days from the end of such initial period. The extension notice shall indicate the special circumstances requiring an extension of time and the date on by which the administrator expects a final decision is expected to render a decisionbe rendered. (bc) The Administrator A written or electronic notice of denial shall provide every claimant who is denied a claim for benefits written notice be mailed or delivered to the Claimant, specifically (i) setting forth, in a manner calculated to be understood by forth the claimant, the following: (1) specific reasons for the denial; , (2ii) specific reference to pertinent citing the relevant provisions of the Plan upon which the denial is based; , (3iii) a description of if appropriate, describing any additional information or material or information necessary for the claimant to perfect perfection of the claim and (together with an explanation of why such material or information is necessary; ), (iv) explaining the Plan’s claims review procedures, and (4v) an explanation of informing the Agreement's claims review procedure as set forth below. (c) The claimant may appeal the denial Claimant of his or her right to bring a civil action under Section 502(a) of ERISA if his or her claim to the named fiduciary for a full and fair is denied upon review. The claimant or his duly authorized representative may request a review upon written application to the Administrator, review pertinent documents, and submit issues and comments in writing. A claimant (or his duly authorized representative) shall request a review by filing a written application for review with the Board or its designee (the "Reviewer") at any time within 60 days after receipt by the claimant of written notice of the denial of his claim. (d) The decision on review shall be made by In the Reviewer, who maycase of a denial of a claim, in his discretionwhole or in part, hold a hearing on the denied claim; the Reviewer shall make his decision promptly, and not later than 60 days after the Administrator receives the request for review, unless special circumstances require extension of time for processing, in which case a decision shall be rendered as soon as possible, but not later than 120 days after receipt of the request for review. If such an extension of time for review is required, written notice of the extension (including the special circumstances requiring the extension of time) shall be furnished Claimant who wishes to the claimant prior to the commencement of the extension. In the event that appeal the decision on review is not furnished within must follow the time period administrative procedures for an appeal as set forth in Section 8.2 below. The claims procedures set forth in this paragraph, the claim Section 8.1 are intended to comply with Labor Regulation § 2560.503-1 and shall be deemed denied on reviewconstrued in accordance with such regulation. The decision on review In no event shall it be in writing and shall include reasons for interpreted as expanding the decision, written in a manner calculated to be understood rights of Claimants beyond what is required by the claimant, and specific references to the pertinent provisions in the relevant documents on which the decision is basedLabor Regulation § 2560.503-1.

Claims for Benefits. (a) Any No claim for specific benefits under this Agreement shall be made in writing to required for benefits due under the AdministratorPlan. If any claim Any individual eligible for benefits under this Agreement Plan who believes he or she is wholly entitled to additional benefits or partially deniedwho desires to clarify his or her right to future benefits under the Plan (a “Claimant”) may submit his or her application for benefits (“Claim”) to the Claims Administrator, notice with a copy to the Company’s General Counsel; provided, that in the event that the Claimant seeking benefits would otherwise be the Claims Administrator, then the Company’s Chief Executive Officer (or his or her designee) shall act as the Claims Administrator. All Claims under the Plan must be properly submitted not later than one year after the Termination Date. (b) When a Claim has been filed properly, it shall be evaluated subject to a full and fair review and the Claimant or his or her duly authorized representative shall be notified of the decision shall be furnished to approval or the claimant denial of the Claim within a reasonable period of time, not to exceed 90 days after the receipt of the claim by the Administrator, unless such Claim. If special circumstances require an extension of time for processing the claim. If such an extension of time is requireda Claim, a written notice of the extension shall be furnished to the claimant prior to Claimant before the termination end of the initial 90-day period. In no event shall such extension exceed the period of 90 days from the end of such initial perioddays. The notice of extension shall explain the standards on which entitlement to a benefit is based, the unresolved issues that prevent a decision on the Claim, and the additional information needed to resolve those issues. A Claimant or representative will have at least 45 days to provide the specified information. If a Claim for benefits is denied, in whole or in part, the notice shall indicate the special circumstances requiring an extension of time and the date on which the administrator expects to render a decision. (b) The Administrator shall provide every claimant who is denied a claim for benefits be written notice setting forth, in a manner calculated to be understood by the claimant, the followingClaimant and shall include: (1) i. The specific reason or reasons for the denial; (2) ii. References to the specific reference to pertinent Plan provisions upon on which the denial is based; (3) a ; iii. A description of any additional material or information necessary for the claimant applicant to perfect the claim Claim and an explanation of why such material or information is necessary; and (4) an explanation and iv. A description of the Agreement's claims Plan’s Claims review procedure as set forth below. (c) The claimant may appeal procedures and the denial of his claim time limits applicable to the named fiduciary for a full and fair review. The claimant or his duly authorized representative may request a review upon written application to the Administrator, review pertinent documentssuch procedures, and submit issues and comments in writing. A claimant (or his duly authorized representativea statement of Xxxxxxxx’s right to bring a civil action under Section 502(a) shall request a review by filing a written application for review with the Board or its designee (the "Reviewer") at any time within 60 days after receipt by the claimant of written notice of the denial of his claim. (d) The decision on review shall be made by the Reviewer, who may, in his discretion, hold a hearing on the denied claim; the Reviewer shall make his decision promptly, and not later than 60 days after the Administrator receives the request for review, unless special circumstances require extension of time for processing, in which case a decision shall be rendered as soon as possible, but not later than 120 days after receipt of the request for review. If such ERISA following an extension of time for review is required, written notice of the extension (including the special circumstances requiring the extension of time) shall be furnished to the claimant prior to the commencement of the extension. In the event that the decision on review is not furnished within the time period set forth in this paragraph, the claim shall be deemed denied adverse benefit determination on review. The decision on review shall be in writing and shall include reasons for the decision, written in a manner calculated to be understood by the claimant, and specific references to the pertinent provisions in the relevant documents on which the decision is based.

Claims for Benefits. (a) Any claim for specific benefits under this Agreement shall be made in writing to the Administrator. If any claim for benefits under this Agreement is wholly or partially denied, notice of the decision shall be furnished to the claimant within a reasonable period of time, not to exceed 90 days after receipt of the claim by the Administrator, unless special circumstances require an extension of time for processing the claim. If such an extension of time is required, written notice of the extension shall be furnished to the claimant prior to the termination of the initial 90-day period. In no event shall such extension exceed the period of 90 days from the end of such initial period. The extension notice shall indicate the special circumstances requiring an extension of time and the date on which the administrator Administrator expects to render a decision. (b) The Administrator shall provide every claimant who is denied a claim for benefits written notice setting forth, in a manner calculated to be understood by the claimant, the following: : (1) specific reasons for the denial; ; (2) specific reference to pertinent provisions of the Agreement upon which the denial is based; (3) a description of any additional material or information necessary for the claimant to perfect the claim and an explanation of why such material or information is necessary; and (4) an explanation of the Agreement's ’s claims review procedure as set forth below. (c) The claimant may appeal the denial of his claim to the named fiduciary for a full and fair review. The claimant or his duly authorized representative may request a review upon written application to the Administrator, review pertinent documents, and submit issues and comments in writing. A claimant (or his duly authorized representative) shall request a review by filing a written application for review with the Board or its designee (the "“Reviewer"”) at any time within 60 days after receipt by the claimant of written notice of the denial of his claim. (d) The decision on review shall be made by the Reviewer, who may, in his discretion, hold a hearing on the denied claim; the Reviewer shall make his decision promptly, and not later than 60 days after the Administrator receives the request for review, unless special circumstances require extension of time for processing, in which case a decision shall be rendered as soon as possible, but not later than 120 days after receipt of the request for review. If such an extension of time for review is required, written notice of the extension (including the special circumstances requiring the extension of time) shall be furnished to the claimant prior to the commencement of the extension. In the event that the decision on review is not furnished within the time period set forth in this paragraph, the claim shall be deemed denied on review. The decision on review shall be in writing and shall include reasons for the decision, written in a manner calculated to be understood by the claimant, and specific references to the pertinent provisions in the relevant documents on which the decision is based.

Claims for Benefits. A Participant, Former Participant, Alternate ------------------- Payee or Beneficiary (a"Claimant") Any shall file a claim for specific benefits under this Agreement with the Committee at the time and in the manner prescribed by it. The Committee shall be made provide adequate notice in writing to the Administrator. If any Claimant whose claim for benefits under this Agreement is wholly or partially the Plan has been denied, . Such notice must be sent within 90 days of the decision shall be furnished to the claimant within a reasonable period of time, not to exceed 90 days after receipt of date the claim is received by the AdministratorCommittee, unless special circumstances require warrant an extension of time for processing the claim. Such extension shall not exceed 90 days and no extension shall be allowed unless, within the initial 90 day period, the Claimant is sent a notice of extension indicating the special circumstances requiring the extension and specifying a date by which the Committee expects to render its final decision. The Committee's notice of denial to the Claimant shall set forth: (a) The specific reason or reasons for the denial; (b) Specific references to pertinent Plan provisions on which the Committee based its denial; (c) A description of any additional material and information needed for the Claimant to perfect his claim and an explanation of why the material or information is needed; (d) A statement that the Claimant may: (i) Request a review upon written application to the Committee; (ii) Review pertinent Plan documents; and (iii) Submit issues and comments in writing; and (e) The name and address of the Committee's delegate to whom the Claimant may forward his appeal. Any appeal that the Claimant wishes to make from the adverse determination must be made, in writing, to the Committee, within 60 days after receipt of the Committee's notice of denial of benefits. The Committee's notice must further advise the Claimant that his failure to appeal the action to the Committee in writing within the 60-day period will render the Committee's determination final, binding, and conclusive. If the Claimant should appeal to the Committee, he or his duly authorized representative may submit, in writing, whatever issues and comments he or his duly authorized representative feel are pertinent. The Committee shall re-examine all facts related to the appeal and make a final determination as to whether the denial of benefits is justified under the circumstances. The Committee shall advise the Claimant, in writing, of its decision on his appeal, the specific reasons for the decision, and the specific Plan provisions on which the decision is based. The notice of the decision shall be given within 60 days of the Claimant's written request for review, unless special circumstances (such as a hearing) would make the rendering of a decision within the 60-day period unfeasible, but in no event shall the Committee render a decision on an appeal from the denial of a claim for benefits later than 120 days after receipt of a request for review. If an extension of time for review is requiredrequired because of special circumstances, written notice of the extension shall be furnished to the claimant Claimant prior to the termination of the initial 90-day period. In no event shall such extension exceed the period of 90 days from the end of such initial period. The extension notice shall indicate the special circumstances requiring an extension of time and the date on which the administrator expects to render a decision. (b) The Administrator shall provide every claimant who is denied a claim for benefits written notice setting forth, in a manner calculated to be understood by the claimant, the following: (1) specific reasons for the denial; (2) specific reference to pertinent provisions upon which the denial is based; (3) a description of any additional material or information necessary for the claimant to perfect the claim and an explanation of why such material or information is necessary; and (4) an explanation of the Agreement's claims review procedure as set forth below. (c) The claimant may appeal the denial of his claim to the named fiduciary for a full and fair review. The claimant or his duly authorized representative may request a review upon written application to the Administrator, review pertinent documents, and submit issues and comments in writing. A claimant (or his duly authorized representative) shall request a review by filing a written application for review with the Board or its designee (the "Reviewer") at any time within 60 days after receipt by the claimant of written notice of the denial of his claim. (d) The decision on review shall be made by the Reviewer, who may, in his discretion, hold a hearing on the denied claim; the Reviewer shall make his decision promptly, and not later than 60 days after the Administrator receives the request for review, unless special circumstances require extension of time for processing, in which case a decision shall be rendered as soon as possible, but not later than 120 days after receipt of the request for review. If such an extension of time for review is required, written notice of the extension (including the special circumstances requiring the extension of time) shall be furnished to the claimant prior to the commencement of the extension. In the event that the decision on review is not furnished within the time period set forth in this paragraph, the claim shall be deemed denied on review. The decision on review shall be in writing and shall include reasons for the decision, written in a manner calculated to be understood by the claimant, and specific references to the pertinent provisions in the relevant documents on which the decision is basedcommences.

Claims for Benefits. (a) Any claim for specific benefits under this Agreement shall be made in writing to the Administrator. If any claim for benefits under this Agreement is wholly or partially denied, notice of the decision shall be furnished to the claimant within a reasonable period of time, not to exceed 90 days after receipt of the claim by the Administrator, unless special circumstances require an extension of time for processing the claim. If such an extension of time is required, written notice of the extension shall be furnished to the claimant prior to the termination of the initial 90-day period. In no event shall such extension exceed the period of 90 days from the end of such initial period. The extension notice shall indicate the special circumstances requiring an extension of time and the date on which the administrator expects to render a decision. (b) The Administrator shall provide every claimant who is denied a claim for benefits written notice setting forth, in a manner calculated to be understood by the claimant, the following: : (1) specific reasons for the denial; ; (2) specific reference to pertinent provisions upon which the denial is based; (3) a description of any additional material or information necessary for the claimant to perfect the claim and an explanation of why such material or information is necessary; and (4) an explanation of the Agreement's ’s claims review procedure as set forth below. (c) The claimant may appeal the denial of his claim to the named fiduciary for a full and fair review. The claimant or his duly authorized representative may request a review upon written application to the Administrator, review pertinent documents, and submit issues and comments in writing. A claimant (or his duly authorized representative) shall request a review by filing a written application for review with the Board or its designee (the "“Reviewer"”) at any time within 60 days after receipt by the claimant of written notice of the denial of his claim. (d) The decision on review shall be made by the Reviewer, who may, in his discretion, hold a hearing on the denied claim; the Reviewer shall make his decision promptly, and not later than 60 days after the Administrator receives the request for review, unless special circumstances require extension of time for processing, in which case a decision shall be rendered as soon as possible, but not later than 120 days after receipt of the request for review. If such an extension of time for review is required, written notice of the extension (including the special circumstances requiring the extension of time) shall be furnished to the claimant prior to the commencement of the extension. In the event that the decision on review is not furnished within the time period set forth in this paragraph, the claim shall be deemed denied on review. The decision on review shall be in writing and shall include reasons for the decision, written in a manner calculated to be understood by the claimant, and specific references to the pertinent provisions in the relevant documents on which the decision is based.

Claims for Benefits. (a) No claim shall be required for benefits due under the Plan. Any claim individual eligible for specific benefits under this Agreement Plan who believes he or she is entitled to additional benefits or who desires to clarify his or her right to future benefits under the Plan (a "Claimant") may submit his or her application for benefits ("Claim") to the Claims Administrator, with a copy to the Company's General Counsel; provided, that in the event that the Claimant seeking benefits would otherwise be the Claims Administrator, then the Company's Chief Executive Officer (or his or her designee) shall act as the Claims Administrator. All Claims under the Plan must be made properly submitted not later than one (1) year after the date on which the Participant is sent a communication from the Plan, the Committee or a Group Company containing the information contested or challenged by the Claim. A Claimant has the right to appoint someone to represent him or her in the benefit claim. A Claimant may do so by including the appointed representative's name and contact information in the initial written claim for benefits or otherwise in writing to the AdministratorClaims Administrator at the Company's address shown in Section 8.1(a). Unless the Claimant indicates otherwise, if a Claimant appoints a representative to act on his or her behalf with respect to the benefit claim, the Plan will direct all notifications regarding the claim to the designated representative. A Claimant may cancel or modify the appointment of the representative at any time by notifying the Claims Administrator in writing. (b) When a Claim has been filed properly, it shall be evaluated subject to a full and fair review and the Claimant or his or her duly authorized representative shall be notified of the approval or the denial of the Claim within 90 days (45 days if the Claim relates to disability status) after the receipt of such Claim. If any claim for benefits under this Agreement is wholly or partially denied, notice of the decision shall be furnished to the claimant within a reasonable period of time, not to exceed 90 days after receipt of the claim by the Administrator, unless special circumstances require an extension of time for processing the claim. If such an extension of time is requireda Claim, a written notice of the extension shall be furnished to the claimant prior to Claimant before the termination end of the initial ninety (90) day or forty-five (45) day period, as applicable. In no event shall such extension exceed the period of 90 days from the end of such initial periodninety (90) days. The notice of extension shall explain the standards on which entitlement to a benefit is based, the unresolved issues that prevent a decision on the Claim, and the additional information needed to resolve those issues. A Claimant or representative will have at least 45 days to provide the specified information. If a Claim for benefits is denied, in whole or in part, the notice shall indicate the special circumstances requiring an extension of time and the date on which the administrator expects to render a decision. (b) The Administrator shall provide every claimant who is denied a claim for benefits be written notice setting forth, in a manner calculated to be understood by the claimant, the followingClaimant and shall include: (1) i. The specific reason or reasons for the denial; (2) ii. References to the specific reference to pertinent Plan provisions upon on which the denial is based; (3) a ; iii. A description of any additional material or information necessary for the claimant applicant to perfect the claim Claim and an explanation of why such material or information is necessary; and (4) an explanation and iv. A description of the AgreementPlan's claims Claims review procedure as set forth belowprocedures and the time limits applicable to such procedures, and a statement of Xxxxxxxx's right to bring a civil action under Section 502(a) of ERISA following an adverse benefit determination on review. (c) The claimant may appeal Further, in the denial of his claim to the named fiduciary for a full and fair review. The claimant or his duly authorized representative may request a review upon written application to the Administrator, review pertinent documents, and submit issues and comments in writing. A claimant (or his duly authorized representative) shall request a review by filing a written application for review with the Board or its designee (the "Reviewer") at any time within 60 days after receipt by the claimant of written notice case of the denial of his claim. (d) The decision on review shall a Claim involving Disability, the notification will be made by the Reviewer, who may, in his discretion, hold a hearing on the denied claim; the Reviewer shall make his decision promptly, and not later than 60 days after the Administrator receives the request for review, unless special circumstances require extension of time for processing, in which case a decision shall be rendered as soon as possible, but not later than 120 days after receipt of the request for review. If such an extension of time for review is required, written notice of the extension (including the special circumstances requiring the extension of time) shall be furnished to the claimant prior to the commencement of the extension. In the event that the decision on review is not furnished within the time period set forth in this paragrapha culturally and linguistically appropriate manner and will also include the following: (i) a statement that if the adverse determination relies upon an internal rule, document, guideline, protocol, standard or other similar criterion, upon the claim shall be deemed denied Claimant's request a copy of such rule, document, guideline, protocol, standard or other similar criterion is available free of charge; (ii) a statement that if the adverse determination is based on review. The decision on review shall be in writing and shall include reasons a medical necessity or experimental treatment or similar exclusion or limit, upon the Claimant's request an explanation of the scientific or clinical judgment for the decisiondetermination, written applying the terms of the Plan to the medical circumstances at hand, is available free of charge; and (iii) a discussion of the decision including an explanation of the basis for disagreeing with or not following: (1) the views presented to the Plan of health care professionals who treated the Claimant or vocational professionals who evaluated the Claimant; (2) the views of the medical and vocational experts whose advice was obtained on behalf of the Plan, without regard to whether the advice was relied upon in making the benefit determination; and (3) a manner calculated Social Security Administration disability determination presented to be understood the Plan by the claimant, and specific references to the pertinent provisions in the relevant documents on which the decision is basedClaimant.

Claims for Benefits. (a) Any claim for specific benefits under this Agreement shall be made by the person claiming a benefit under this Agreement (the “claimant”) in writing to the AdministratorAdministrator and the Administrator shall respond in writing. If any claim for benefits under this Agreement is wholly or partially denied, and in the event a claim is granted, written notice of the decision granting or denying the claim, as the case may be, shall be furnished to the claimant within a reasonable period of time, not to exceed 90 days after receipt of the claim by the Administrator, unless special circumstances require an extension of time for processing the claim. If such an extension of time is required, written notice of the extension shall be furnished to the claimant prior to the termination of the initial 90-day period. In no event shall such extension exceed the period of 90 days from the end of such initial period. The extension notice shall indicate the special circumstances requiring an extension of time and the date on which the administrator expects to render a decision. Any claim not granted or denied within the period noted above shall be deemed to have been denied on the last day of the applicable period. In the case of a claim for benefits due to the Eligible Employee’s Disability, the Administrator shall notify the claimant of the denial within a reasonable period of time, but not later than 45 days after receipt of the claim by the Administrator. This period may be extended for up to 30 days, provided that the Company and/or the Administrator both determines that such an extension is necessary due to matters beyond its control and notifies the claimant, prior to the expiration of the initial 45-day period, of the circumstances requiring the extension of time and the date by which the Company expects to render a decision. If, prior to the end of the first 30-day extension period, the Company determines that, due to matters beyond its control, a decision cannot be rendered within that extension period, the period for making the determination may be extended for up to an additional 30 days, provided that the Administrator notifies the claimant, prior to the expiration of the first 30-day extension period, of the circumstances requiring the extension and the date as of which the Company expects to render a decision. In the case of any extension hereunder, the notice of extension shall specifically explain the standards on which entitlement to a benefit is based, the unresolved issues that prevent a decision on the claim, and the additional information needed to resolve those issues, and the claimant shall be afforded at least 45 days within which to provide the specified information. (b) The Administrator shall provide every claimant who is denied a claim for benefits written notice setting forth, in a manner calculated to be understood by the claimant, the following: : (1) specific reasons for the denial; ; (2) specific reference to pertinent Agreement provisions upon which the denial is based; (3) a description of any additional material or information necessary for the claimant to perfect the claim and an explanation of why such material or information is necessary; and (4) an explanation of the Agreement's ’s claims review procedure as set forth belowbelow and the time limits applicable to such procedures, including a statement of the claimant’s right to bring a civil action under Section 502(a) of ERISA following an adverse benefit determination on review and (5) in the case of denial of a claim hereunder based upon the Eligible Employee’s Disability, a copy of any internal rule, guideline, protocol or similar criteria relied upon or a statement that such was relied upon and will be provided free of charge upon claimant’s request. (c) The claimant (or such claimant’s authorized representative) may appeal the denial or deemed denial, in whole or in part, of his claim to the named fiduciary for a full and fair review. The claimant or his duly authorized representative may request a review upon written application to the Administrator, review pertinent documents, and submit issues and comments in writing. A claimant (or his duly authorized representative) shall request a review by filing a written application for review with the Board or its designee (the "“Reviewer"”) at any time within 60 days (or 180 days for a claim involving benefits based upon the Eligible Employee’s Disability) after receipt by the claimant of written notice of the denial of his claim or after the date of the deemed denial. Upon such a request for review, the claim shall be fully and fairly reviewed by the Reviewer which may, but shall not be required to, grant the claimant a hearing. In connection with the review, the claimant may have representation, may, upon request and free of charge, be provided reasonable access to and copies of pertinent documents, records, and information, and may submit documents, records, issues and comments in writing. For a claim involving an Eligible Employee’s Disability, the following rules shall apply: (i) the review will not give deference to the initial adverse benefit determination and will be conducted by the Reviewer, not including any individual who made the decision to deny benefits, nor the subordinate of such individual who made the decision to deny benefits, (ii) a health care professional with appropriate training and experience in the field of medicine involved and who is neither an individual who was consulted in connection with the denial nor the subordinate of such individual, will be consulted, and (iii) the denial will identify the medical or vocational experts whose advice was obtained in connection with the claim. (d) The decision on review shall be made by the Reviewer, who as stated above, may, in his discretion, hold a hearing on the denied or deemed denied claim; the Reviewer shall make his decision promptly, and not later than 60 days (45 days for a claim involving the Eligible Employee’s Disability) after the Administrator receives the request for review, unless special circumstances require extension of time for processing, in which case a decision shall be rendered as soon as possible, but not later than 120 days after receipt of the request for review. If such an extension of time for review is required, written notice of the extension (including the special circumstances requiring the extension of time) shall be furnished to the claimant prior to the commencement of the extension. The written decision on review shall be given to the claimant within the 60 day (or, if applicable, the 120 day) time limit discussed above. In the event that the decision on review is not furnished within the time period set forth in this paragraph, the claim shall be deemed denied on review. All decisions on review shall be final and binding with respect to all concerned parties, subject to Section 8(d). The decision on review shall be in writing and shall include specific reasons for the decision, written in a manner calculated to be understood by the claimant, and specific references to the pertinent provisions in the relevant documents on which the decision is based. In the case of a denial involving a claim for benefits based upon the Eligible Employee’s Disability, the claimant will be provided a copy of any internal rule, guideline, protocol or similar criteria relied upon, or a statement that such was relied upon and will be provided, free of charge upon claimant’s request. All actions permitted in this Section 6 to be taken by the claimant may likewise be taken by a representative of the claimant duly authorized to act in such matters on the claimant’s behalf. The Company may require such evidence of the authority to act of any such representative as it may reasonably deem necessary or advisable.

Claims for Benefits. Claims for benefits shall be made by application of the Participant in such a manner as the Plan Administrator shall prescribe. Without limiting the generality of the foregoing, such a claim for benefits may take the form of (a) Any claim for specific benefits under this Agreement shall be made in writing a response by the Participant to the Administrator. If any a proposed benefit or (b) solicited or unsolicited claim for benefits under this Agreement is wholly or partially denied, notice of by the decision Participant. The Plan Administrator shall be furnished process each such claim and determine entitlement to the claimant benefits within a reasonable period of time, not to exceed 90 ninety (90) days after following its receipt of the claim by the Administrator, a completed application for benefits 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 Participant prior to the termination of the initial ninety (90-) day period. In no event shall such extension exceed the a period of 90 ninety (90) days from the end of such initial period. The extension notice shall indicate the special circumstances requiring an extension of time and the date on as of which the administrator Plan Administrator expects to render a the final decision. (b) . The Plan Administrator shall provide every claimant who is denied notify a Participant in writing, delivered in person or mailed by first class mail to such Participant's last known address, if any part of a claim for benefits written notice under this Plan has been denied, setting forth, forth in a manner calculated to be understood by the claimant, the followingsuch notice: (1a) the specific reasons reason for the denial; (2b) a specific reference to pertinent Plan provisions upon which the denial is based; ; (3c) a description of any additional material or information deemed necessary by the Plan Administrator for the claimant such Participant to perfect the claim his claim, and an explanation of why such material or information is necessary; and and (4d) an explanation of the Agreement's claims claim review procedure as under the Plan. Such notice shall set forth below. (c) The claimant may appeal the denial of his claim to the named fiduciary for a full and fair review. The claimant or his duly authorized representative may request a review upon written application to the Administrator, review pertinent documents, and submit issues and comments in writing. A claimant (or his duly authorized representative) shall request a review by filing a written application for review with the Board or its designee (the "Reviewer") at any time within 60 days after receipt by the claimant of written notice of the denial of his claim. (d) The decision on review shall be made by the Reviewer, who may, in his discretion, hold a hearing on the denied claim; the Reviewer shall make his decision promptly, and not later than 60 days after the Administrator receives the request for review, unless special circumstances require extension of time for processing, in which case a decision shall be rendered as soon as possible, but not later than 120 days after receipt of the request for review. If such an extension of time for review is required, written notice of the extension (including the special circumstances requiring the extension of time) shall be furnished to the claimant prior to the commencement of the extension. In the event that the decision on review is not furnished within the time period set forth in this paragraph, the claim shall be deemed denied on review. The decision on review shall be in writing and shall include reasons for the decision, written above information in a manner calculated to be understood by such Participant. If the claimantnotice referred to above is not furnished and if the claim has not been granted within the time specified above for processing of such claim, the claim shall be deemed denied and specific references shall be subject to the pertinent provisions in the relevant documents on which the decision is basedreview as set forth below.

Claims for Benefits. (a) Any claim All claims for specific benefits under this Agreement the Plan shall be made submitted in writing to the AdministratorAdministrative Committee. If any Within a reasonable period of time the Administrative Committee shall decide the claim for benefits under this Agreement is wholly or partially denied, by majority vote in the exercise of its sole and absolute discretion. Written notice of the decision on each such claim shall be furnished to the claimant within a reasonable period of time, not to exceed 90 days after receipt of the claim by the Administratorclaim; provided that, unless if special circumstances require an extension of time for processing the claim. If such , an extension additional 90 days from the end of time is requiredthe initial period shall be allowed for processing the claim, in which event the claimant shall be furnished with a written notice of the extension shall be furnished to the claimant prior to the termination of the initial 90-day periodperiod indicating the special circumstance requiring an extension. In no event shall If the claim is wholly or partially denied, such extension exceed the period of 90 days from the end of such initial period. The extension written notice shall indicate the special circumstances requiring an extension of time and the date on which the administrator expects to render a decision. (b) The Administrator shall provide every claimant who is denied a claim for benefits written notice setting forth, in a manner calculated to be understood by the claimant, the following: (1) specific reasons for the denial; (2) specific reference to pertinent provisions upon which the denial is based; (3) a description of any additional material or information necessary for the claimant to perfect the claim and an explanation of why such material or information is necessary; and (4) set forth an explanation of the Agreement's claims review procedure as set forth below. (c) The specific findings and conclusions on which such denial is based. A claimant may appeal the denial of his claim to the named fiduciary for a full review all pertinent documents and fair review. The claimant or his duly authorized representative may request a review upon by the Administrative Committee of such a decision denying the claim. Such a request shall be made in writing and filed with the Administrative Committee within 60 days after delivery to said claimant of written application notice of said decision. Such written request for review shall contain all additional information which the claimant wishes the Administrative Committee to consider. The Administrative Committee may hold any hearing or conduct any independent investigation which it deems necessary to render its decision, and the decision on review shall be made as soon as possible after the Administrative Committee's receipt of the request for review. Written notice of the decision on review shall be furnished to the Administrator, review pertinent documents, and submit issues and comments in writing. A claimant (or his duly authorized representative) shall request a review by filing a written application for review with the Board or its designee (the "Reviewer") at any time within 60 days after receipt by the claimant Administrative Committee of written notice of the denial of his claim. (d) The decision on review shall be made by the Reviewer, who may, in his discretion, hold a hearing on the denied claim; the Reviewer shall make his decision promptly, and not later than 60 days after the Administrator receives the request for review, unless special circumstances require an extension of time for processing, in which case a decision event an additional 60 days shall be rendered as soon as possible, but not later than 120 days after receipt of the request for review. If such an extension of time allowed for review is required, written and the claimant shall be so notified in writing. Written notice of the extension (including the special circumstances requiring the extension of time) shall be furnished to the claimant prior to the commencement of the extension. In the event that the decision on review shall include specific reasons for such decision. For all purposes under the Plan, such decisions on claims (where no review is not furnished within the time period set forth in this paragraph, the claim requested) and decisions on review (where review is requested) shall be deemed denied final, binding and conclusive on review. The decision on review shall be in writing and shall include reasons for the decision, written in a manner calculated to be understood by the claimant, and specific references to the pertinent provisions in the relevant documents on which the decision is basedall parties.