Claims Procedure for Agreements Subject to ERISA Sample Clauses

Claims Procedure for Agreements Subject to ERISA. If this Agreement is subject to ERISA by reason of the Employer’s involvement in activities related to the Agreement or otherwise, as determined under ERISA Section 3(2) and regulations and rulings thereunder, the following rules shall apply. The Plan Administrator or its delegate will review a Participant’s or Beneficiary’s claim for benefits within a reasonable period of time not to exceed 90 days. If special circumstances require an extension of time, the Plan Administrator may take up to an additional 90 days, in which case the Participant or Beneficiary will be notified of the delay prior to termination of the initial 90-day period. The extension notice shall indicate (i) the special circumstances requiring the extension and (ii) the date by which the Plan Administrator expects to reach a benefit determination. If a claim is wholly or partially denied, the Participant or Beneficiary will receive in writing (i) the specific reason or reasons for denial; (ii) the specific reference to the provision(s) of the Agreement on which the denial is based; (iii) a description of any additional materials or information required before the claim can be processed and an explanation of why such material or information is required; and (iv) a list of the steps to be taken if the Participant or Beneficiary wants the denial of claims reviewed, including a statement of the Claimant’s right to bring litigation under Section 502(c) of ERISA. If a claim has been denied, the claimant has the right to request a review of the denied claim, to be represented by legal counsel, to review relevant documents (within the meaning of Section 2560.503-1(m)(8) of the ERISA Regulations), and to submit any comments in writing. To obtain a review, the claimant must mail or deliver a letter for review to the Plan Administrator within 60 days from the receipt of the denial of claim or from the time the claim is deemed denied. Upon receipt of the request for review of a denied claim, the Plan Administrator will make a prompt decision based upon all the comments and documents submitted without regard to whether such items were previously provided, within 60 days after the request for review is received, unless special circumstances require an extension of time of up to an additional 60 days, in which case the claimant will receive an extension notice prior to the end of the 60-day period. The extension notice shall indicate (i) the special circumstances necessitating the extension and (ii) th...
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Related to Claims Procedure for Agreements Subject to ERISA

  • Entity Accounts Subject to Review A Preexisting Entity Account that has an account balance or value that exceeds $250,000 as of June 30, 2014, and a Preexisting Entity Account that does not exceed $250,000 as of June 30, 2014 but the account balance or value of which exceeds $1,000,000 as of the last day of 2015 or any subsequent calendar year, must be reviewed in accordance with the procedures set forth in paragraph D of this section.

  • Certification of Funds; Budget and Fiscal Provisions; Termination in the Event of Non-Appropriation This Agreement is subject to the budget and fiscal provisions of the City’s Charter. Charges will accrue only after prior written authorization certified by the Controller, and the amount of City’s obligation hereunder shall not at any time exceed the amount certified for the purpose and period stated in such advance authorization. This Agreement will terminate without penalty, liability or expense of any kind to City at the end of any fiscal year if funds are not appropriated for the next succeeding fiscal year. If funds are appropriated for a portion of the fiscal year, this Agreement will terminate, without penalty, liability or expense of any kind at the end of the term for which funds are appropriated. City has no obligation to make appropriations for this Agreement in lieu of appropriations for new or other agreements. City budget decisions are subject to the discretion of the Mayor and the Board of Supervisors. Contractor’s assumption of risk of possible non-appropriation is part of the consideration for this Agreement. THIS SECTION CONTROLS AGAINST ANY AND ALL OTHER PROVISIONS OF THIS AGREEMENT.

  • Claims Subject to Mandatory Arbitration The following claims, if not settled through informal Dispute Resolution, will be subject to mandatory arbitration pursuant to Section 10.7 below:

  • Review Procedures for Identifying Entity Accounts With Respect to Which Reporting Is Required For Preexisting Entity Accounts described in paragraph B of this section, the Reporting Finnish Financial Institution must apply the following review procedures to determine whether the account is held by one or more Specified U.S. Persons, by Passive NFFEs with one or more Controlling Persons who are U.S. citizens or residents, or by Nonparticipating Financial Institutions:

  • Audit Requirements for Recipients of State Financial Assistance For purposes of this paragraph, the word "Contractor" shall be deemed to mean "nonstate entity," as that term is defined in section 4-230 of the Connecticut General Statutes. The Contractor shall provide for an annual financial audit acceptable to the Client Agency for any expenditure of State awarded funds made by the Contractor. Such audit shall include management letters and audit recommendations. The State Auditors of Public Accounts shall have access to all records and accounts for the fiscal year(s) in which the award was made. The Contractor shall comply with federal and State single audit standards as applicable.

  • Claims Procedure An Executive or Beneficiary (“claimant”) who has not received benefits under this Agreement that he or she believes should be distributed shall make a claim for such benefits as follows:

  • Claims Subject to Arbitration Except as expressly provided below, the parties agree that to the fullest extent permitted by applicable law, any dispute arising out of or relating in any way to this Agreement or a similar prior agreement, the Property or the relationship between Resident and Owner or Manager (including matters occurring prior to the date of this Agreement and disputes also involving third parties) (collectively, “Claims”) will, at the election of either party, be resolved by arbitration, including any dispute about arbitrability, such as scope and enforceability.

  • Claims Subject to Elective Arbitration 13.6.2.1 Claims will be subject to elective arbitration pursuant to Section 13.7 below, if, and only if, the claim is not settled through informal Dispute Resolution and both Parties agree to arbitration. If both Parties do not agree to arbitration, then either Party may proceed with any remedy available to it pursuant to law, equity or agency mechanism.

  • Incorporation of Administrative Code Provisions by Reference The provisions of Chapters 12B and 12C of the San Francisco Administrative Code are incorporated in this Section by reference and made a part of this Agreement as though fully set forth herein. Contractor shall comply fully with and be bound by all of the provisions that apply to this Agreement under such Chapters, including but not limited to the remedies provided in such Chapters. Without limiting the foregoing, Contractor understands that pursuant to §§12B.2(h) and 12C.3(g) of the San Francisco Administrative Code, a penalty of $50 for each person for each calendar day during which such person was discriminated against in violation of the provisions of this Agreement may be assessed against Contractor and/or deducted from any payments due Contractor.

  • DURATION, AMENDING, TERMINATING, AND MISCELLANEOUS PROVISIONS 3.1 This Agreement shall take effect on 07/01/2021 and shall remain in effect until 06/30/2022.

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