Common use of Decision on Review Clause in Contracts

Decision on Review. No later than sixty (60) days (forty-five (45) days with respect to a claim for benefits due to Executive being Permanently Disabled) following the receipt of the written application for review, the Claims Administrator or the Appeals Fiduciary, as applicable, shall submit its decision on the review in writing to the claimant involved and to his representative, if any, unless the Claims Administrator or Appeals Fiduciary determines that special circumstances (such as the need to hold a hearing) require an extension of time, to a day no later than one hundred twenty (120) days (ninety (90) days with respect to a claim for benefits due to Executive being Permanently Disabled) after the date of receipt of the written application for review. If the Claims Administrator or Appeals Fiduciary determines that the extension of time is required, the Claims Administrator or Appeals Fiduciary shall furnish to the claimant written notice of the extension before the expiration of the initial sixty (60) day (forty-five (45) days with respect to a claim for benefits due to Executive being Permanently Disabled) period. The extension notice shall indicate the special circumstances requiring an extension of time and the date by which the Claims Administrator or Appeals Fiduciary expects to render its decision on review. In the case of a decision adverse to the claimant, the Claims Administrator or Appeals Fiduciary shall provide to the claimant written notice of the denial. Any such notice of an adverse benefit determination shall be written in a manner calculated to be understood by the claimant (and with respect to a claim for benefits due to Executive being Permanently Disabled, be provided in a culturally and linguistically appropriate manner) and shall include: (1) the specific reason or reasons for the adverse benefit determination; (2) specific references to the pertinent provisions of this Agreement on which the adverse benefit determination is based; (3) a statement that the claimant is entitled to receive, upon request and free of charge, reasonable access to, and copies of, all documents, records, and other information relevant to the claimant’s claim for benefits; (4) a statement of the claimant’s right to bring a civil action under Section 502(a) of ERISA following the adverse benefit determination on review; (5) a statement regarding the availability of other voluntary alternative dispute resolution options; (6) in the case of a claim for benefits due to Executive being Permanently Disabled: (A) a description of any contractual limitations period that applies to the claimant’s right to bring a civil action under Section 502(a) of ERISA, including the calendar date on which the contractual limitations period expires for the claim; (B) a discussion of the decision, including an explanation of the basis for disagreeing with or not following: the views presented by the claimant to the Agreement of health care professionals treating the claimant and vocational professionals who evaluated the claimant, the views of medical or vocational professionals whose advice was obtained on behalf of the Agreement in connection with a claimant’s adverse benefit determination, without regard to whether the advice was relied upon in making the determination, and a disability determination regarding the claimant presented by the claimant to the Agreement made by the Social Security Administration; (C) if the adverse benefit determination is based on a medical necessity or experimental treatment or similar exclusion or limit, either an explanation of the scientific or clinical judgment for the determination, applying the terms of the Agreement to the claimant’s medical circumstances, or a statement that such explanation will be provided free of charge upon request; and (D) the specific internal rules, guidelines, protocols, standards or other similar criteria of the Agreement relied upon in making the adverse determination, or a statement that such rules, guidelines, protocols, standards or other similar criteria do not exist. The Claims Administrator has the discretionary authority to determine all interpretative issues arising under this Agreement and the interpretations of the Claims Administrator shall be final and binding upon Executive or any other party claiming benefits under this Agreement.

Decision on Review. No A decision on review of a denied claim shall be made in the following manner: (i.) The Plan Administrator may, in its sole discretion, hold a hearing on the denied claim. If the Claimant’s initial claim is for disability benefits, any review of a denied claim shall be made by members of the Plan Administrator other than the original decision maker(s) and such person(s) shall not be a subordinate of the original decision maker(s). The decision on review shall be made promptly, but generally not later than sixty (60) days (after receipt of the application for review. In the event that the denied claim pertains to disability, such decision shall not be made later than forty-five (45) days with respect to a claim for benefits due to Executive being Permanently Disabled) following the after receipt of the written application for review, the Claims Administrator or the Appeals Fiduciary, as applicable, shall submit its decision on the review in writing to the claimant involved and to his representative, if any, unless the Claims Administrator or Appeals Fiduciary determines that special circumstances (such as the need to hold a hearing) require an extension of time, to a day no later than one hundred twenty (120) days (ninety (90) days with respect to a claim for benefits due to Executive being Permanently Disabled) after the date of receipt of the written application for review. If the Claims Plan Administrator or Appeals Fiduciary determines that the an extension of time for processing is required, the Claims Administrator or Appeals Fiduciary shall furnish to the claimant written notice of the extension before shall be furnished to the expiration Claimant prior to the termination of the initial sixty (60) day period. In no event shall the extension exceed a period of sixty (60) days from the end of the initial period. In the event the denied claim pertains to disability, written notice of such extension shall be furnished to the Claimant prior to the termination of the initial forty-five (45) day period. In no event shall the extension exceed a period of thirty (30) days with respect to a claim for benefits due to Executive being Permanently Disabled) 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 Claims Plan Administrator or Appeals Fiduciary expects to render its the determination on review. (ii.) The decision on review. In the case of a decision adverse to the claimant, the Claims Administrator or Appeals Fiduciary shall provide to the claimant written notice of the denial. Any such notice of an adverse benefit determination review shall be written in a manner calculated to be understood by the claimant (and with respect to a claim for benefits due to Executive being Permanently Disabled, be provided in a culturally and linguistically appropriate manner) writing and shall include: (1) the include specific reason or reasons for the adverse benefit determination; (2) decision written in an understandable manner with specific references to the pertinent Agreement provisions of this Agreement on upon which the decision is based. (iii.) The review will take into account all comments, documents, records and other information submitted by the Claimant relating to the claim without regard to whether such information was submitted or considered in the initial benefit determination. Additional considerations shall be required in the case of a claim for disability benefits. For example, the claim will be reviewed without deference to the initial adverse benefits determination and, if the initial adverse benefit determination was based in whole or in part on a medical judgment, the Plan Administrator will consult with a health care professional with appropriate training and experience in the field of medicine involving the medical judgment. The health care professional who is based;consulted on appeal will not be the same individual who was consulted during the initial determination or the subordinate of such individual. If the Plan Administrator obtained the advice of medical or vocational experts in making the initial adverse benefits determination (regardless of whether the advice was relied upon), the Plan Administrator will identify such experts. (3iv.) The decision on review will include a statement that the claimant Claimant is entitled to receive, upon request and free of charge, reasonable access to, and copies of, all documents, records, and records or other information relevant to the claimantClaimant’s claim for benefits; (4) a statement of the claimant’s right to bring a civil action under Section 502(a) of ERISA following the adverse benefit determination on review; (5) a statement regarding the availability of other voluntary alternative dispute resolution options; (6) in the case of a claim for benefits due to Executive being Permanently Disabled: (A) a description of any contractual limitations period that applies to the claimant’s right to bring a civil action under Section 502(a) of ERISA, including the calendar date on which the contractual limitations period expires for the claim; (B) a discussion of the decision, including an explanation of the basis for disagreeing with or not following: the views presented by the claimant to the Agreement of health care professionals treating the claimant and vocational professionals who evaluated the claimant, the views of medical or vocational professionals whose advice was obtained on behalf of the Agreement in connection with a claimant’s adverse benefit determination, without regard to whether the advice was relied upon in making the determination, and a disability determination regarding the claimant presented by the claimant to the Agreement made by the Social Security Administration; (C) if the adverse benefit determination is based on a medical necessity or experimental treatment or similar exclusion or limit, either an explanation of the scientific or clinical judgment for the determination, applying the terms of the Agreement to the claimant’s medical circumstances, or a statement that such explanation will be provided free of charge upon request; and (D) the specific internal rules, guidelines, protocols, standards or other similar criteria of the Agreement relied upon in making the adverse determination, or a statement that such rules, guidelines, protocols, standards or other similar criteria do not exist. The Claims Administrator has the discretionary authority to determine all interpretative issues arising under this Agreement and the interpretations of the Claims Administrator shall be final and binding upon Executive or any other party claiming benefits under this Agreement.

Decision on Review. No later than sixty (60) days (or forty-five (45) days with respect to a claim for benefits due to the Executive being Permanently becoming Substantially Disabled) following the receipt of the written application for review, the Claims Administrator or the Appeals Fiduciary, as applicable, shall submit its decision on the review in writing to the claimant involved and to his representative, if any, unless the Claims Administrator or Appeals Fiduciary determines that special circumstances (such as the need to hold a hearing) require an extension of time. In the event of any such extension, to a day the Claims Administrator or the Appeals Fiduciary, as applicable, shall submit its decision no later than one hundred twenty (120) days (or ninety (90) days with respect to a claim for benefits due to the Executive being Permanently becoming Substantially Disabled) after the date of receipt of the written application for review. If the Claims Administrator or Appeals Fiduciary determines that the extension of time is required, then the Claims Administrator or Appeals Fiduciary shall furnish to the claimant written notice of the extension before the expiration of the initial sixty (60) day (or forty-five (45) days with respect to a claim for benefits due to the Executive being Permanently becoming Substantially Disabled) period. The extension notice shall indicate the special circumstances requiring an extension of time and the date by which the Claims Administrator or Appeals Fiduciary expects to render its decision on review. In the case of a decision adverse to the claimant, the Claims Administrator or Appeals Fiduciary shall provide to the claimant written notice of the denial. Any such notice of an adverse benefit determination shall be written in a manner calculated to be understood by the claimant (and with respect to a claim for benefits due to Executive being Permanently Disabled, be provided in a culturally and linguistically appropriate manner) and which shall include: (1i) the specific reason or reasons for the adverse benefit determinationdecision; (2ii) specific references to the pertinent provisions of this Agreement on which the adverse benefit determination decision is based; (3iii) a statement that the claimant is entitled to receive, upon request and free of charge, reasonable access to, and copies of, all documents, records, and other information relevant to the claimant’s claim for benefits; (4iv) an explanation of this Agreement’s claim review procedures and the time limits applicable to such procedures, including a statement of the claimant’s right to bring a civil an action under Section 502(a) of ERISA following the adverse benefit determination on denial of the claim upon review; (5) a statement regarding the availability of other voluntary alternative dispute resolution options; (6v) in the case of a claim for benefits due to the Executive being Permanently becoming Substantially Disabled: (A) a description of any contractual limitations period that applies to , if an internal rule, guideline, protocol or other similar criterion is relied upon in making the claimant’s right to bring a civil action under Section 502(a) of ERISAadverse determination, including the calendar date on which the contractual limitations period expires for the claim; (B) a discussion text of the decisionspecific rule, including an explanation of the basis for disagreeing with guideline, protocol or not following: the views presented by the claimant to the Agreement of health care professionals treating the claimant and vocational professionals who evaluated the claimantother similar criterion; or a statement that such rule, the views of medical guideline, protocol or vocational professionals whose advice was obtained on behalf of the Agreement in connection with a claimant’s adverse benefit determination, without regard to whether the advice other similar criterion was relied upon in making the determinationdecision and that a copy of such rule, and a disability determination regarding the claimant presented by the claimant to the Agreement made by the Social Security Administrationguideline, protocol or other similar criterion will be provided free of charge upon request; (Cvi) in the case of a claim for benefits due to the Executive becoming Substantially Disabled, if a denial of the adverse benefit determination claim is based on a medical necessity or experimental treatment or similar exclusion or limit, either an explanation of the scientific or clinical judgment for the determinationdenial, an explanation applying the terms of the this Agreement to the claimant’s medical circumstances, circumstances or a statement that such explanation will be provided free of charge upon request; and (Dvii) in the specific internal rulescase of a claim for benefits due to the Executive becoming Substantially Disabled, guidelines, protocols, standards or other similar criteria of the Agreement relied upon in making the adverse determination, or a statement that such rules, guidelines, protocols, standards or regarding the availability of other similar criteria do not exist. The Claims Administrator has the discretionary authority to determine all interpretative issues arising under this Agreement and the interpretations of the Claims Administrator shall be final and binding upon Executive or any other party claiming benefits under this Agreementvoluntary alternative dispute resolution options.

Decision on Review. No later than sixty (60) days (forty-five (45) days with respect to a claim for benefits due to Executive being Permanently Disabledthe Executive’s Disability) following the receipt of the written application for review, the Claims Plan Administrator or the Appeals Fiduciary, as applicable, shall submit its decision on the review in writing to the claimant involved and to his representative, if any, unless the Claims Plan Administrator or Appeals Fiduciary determines that special circumstances (such as the need to hold a hearing) require an extension of time, to a day no later than one hundred twenty (120) days (ninety (90) days with respect to a claim for benefits due to Executive being Permanently Disabledthe Executive’s Disability) after the date of receipt of the written application for review. If the Claims Plan Administrator or Appeals Fiduciary determines that the extension of time is required, the Claims Plan Administrator or Appeals Fiduciary shall furnish to the claimant written notice of the extension before the expiration of the initial sixty (60) day (forty-five (45) days with respect to a claim for benefits due to Executive being Permanently Disabledthe Executive’s Disability) period. The extension notice shall indicate the special circumstances requiring an extension of time and the date by which the Claims Plan Administrator or Appeals Fiduciary expects to render its decision on review. In the case of a decision adverse to the claimant, the Claims Plan Administrator or Appeals Fiduciary shall provide to the claimant written notice of the denial. Any such notice of an adverse benefit determination shall be written in a manner calculated to be understood by the claimant (and with respect to a claim for benefits due to Executive being Permanently Disabled, be provided in a culturally and linguistically appropriate manner) and denial which shall include: (1a) the specific reason or reasons for the adverse benefit determinationdecision; (2b) specific references to the pertinent provisions of this the Agreement on which the adverse benefit determination decision is based; (3c) a statement that the claimant is entitled to receive, upon request and free of charge, reasonable access to, and copies of, all documents, records, and other information relevant to the claimant’s claim for benefits; (4d) an explanation of the Agreement’s claim review procedures, and the time limits applicable to such procedures, including a statement of the claimant’s right to bring a civil an action under Section 502(a) of ERISA following the adverse benefit determination on denial of the claim upon review; (5) a statement regarding the availability of other voluntary alternative dispute resolution options; (6e) in the case of a claim for benefits due to Executive being Permanently Disabled: (A) a description of any contractual limitations period that applies to the claimantExecutive’s right to bring a civil action under Section 502(a) of ERISADisability, including if an internal rule, guideline, protocol or other similar criterion is relied upon in making the calendar date on which the contractual limitations period expires for the claim; (B) a discussion of the decision, including an explanation of the basis for disagreeing with or not following: the views presented by the claimant to the Agreement of health care professionals treating the claimant and vocational professionals who evaluated the claimant, the views of medical or vocational professionals whose advice was obtained on behalf of the Agreement in connection with a claimant’s adverse benefit determination, without regard to whether either the advice specific rule, guideline, protocol or other similar criterion; or a statement that such rule, guideline, protocol or other similar criterion was relied upon in making the determinationdecision and that a copy of such rule, and a disability determination regarding the claimant presented by the claimant to the Agreement made by the Social Security Administrationguideline, protocol or other similar criterion will be provided free of charge upon request; (Cf) in the case of a claim for benefits due to the Executive’s Disability, if a denial of the adverse benefit determination claim is based on a medical necessity or experimental treatment or similar exclusion or limit, either an explanation of the scientific or clinical judgment for the determinationdenial, an explanation applying the terms of the Agreement to the claimant’s medical circumstances, circumstances or a statement that such explanation will be provided free of charge upon request; and (Dg) in the specific internal rulescase of a claim for benefits due to the Executive’s Disability, guidelines, protocols, standards or other similar criteria of the Agreement relied upon in making the adverse determination, or a statement that such rules, guidelines, protocols, standards or regarding the availability of other similar criteria do not exist. The Claims Administrator has the discretionary authority to determine all interpretative issues arising under this Agreement and the interpretations of the Claims Administrator shall be final and binding upon Executive or any other party claiming benefits under this Agreementvoluntary alternative dispute resolution options.

Decision on Review. No later than sixty (60) days (forty-five (45) days with respect to a claim for benefits due to Executive being Permanently Disabled) following the receipt of the written application for review, the Claims Administrator or the Appeals Fiduciary, as applicable, shall submit its decision on the review in writing to the claimant involved and to his representative, if any, unless the Claims Administrator or Appeals Fiduciary determines that special circumstances (such as the need to hold a hearing) require an extension of time, to a day no later than one hundred twenty (120) days (ninety (90) days with respect to a claim for benefits due to Executive being Permanently Disabled) after the date of receipt of the written application for review. If the Claims Administrator or Appeals Fiduciary determines that the extension of time is required, the Claims Administrator or Appeals Fiduciary shall furnish to the claimant written notice of the extension before the expiration of the initial sixty (60) day (forty-five (45) days with respect to a claim for benefits due to Executive being Permanently Disabled) period. The extension notice shall indicate the special circumstances requiring an extension of time and the date by which the Claims Administrator or Appeals Fiduciary expects to render its decision on review. In the case of a decision adverse to the claimant, the Claims Administrator or Appeals Fiduciary shall provide to the claimant written notice of the denial. Any such notice of an adverse benefit determination shall be written in a manner calculated to be understood by the claimant (and with respect to a claim for benefits due to Executive being Permanently Disabled, be provided in a culturally and linguistically appropriate manner) and shall include: (1) . the specific reason or reasons for the adverse benefit determination; (2) . specific references to the pertinent provisions of this Agreement on which the adverse benefit determination is based; (3) . a statement that the claimant is entitled to receive, upon request and free of charge, reasonable access to, and copies of, all documents, records, and other information relevant to the claimant’s claim for benefits; (4) . a statement of the claimant’s right to bring a civil action under Section 502(a) of ERISA following the adverse benefit determination on review; (5) . a statement regarding the availability of other voluntary alternative dispute resolution options; (6) . in the case of a claim for benefits due to Executive being Permanently Disabled: (A) A. a description of any contractual limitations period that applies to the claimant’s right to bring a civil action under Section 502(a) of ERISA, including the calendar date on which the contractual limitations period expires for the claim; (B) B. a discussion of the decision, including an explanation of the basis for disagreeing with or not following: the views presented by the claimant to the Agreement of health care professionals treating the claimant and vocational professionals who evaluated the claimant, the views of medical or vocational professionals whose advice was obtained on behalf of the Agreement in connection with a claimant’s adverse benefit determination, without regard to whether the advice was relied upon in making the determination, and a disability determination regarding the claimant presented by the claimant to the Agreement made by the Social Security Administration; (C) C. if the adverse benefit determination is based on a medical necessity or experimental treatment or similar exclusion or limit, either an explanation of the scientific or clinical judgment for the determination, applying the terms of the Agreement to the claimant’s medical circumstances, or a statement that such explanation will be provided free of charge upon request; and (D) D. the specific internal rules, guidelines, protocols, standards or other similar criteria of the Agreement relied upon in making the adverse determination, or a statement that such rules, guidelines, protocols, standards or other similar criteria do not exist. The Claims Administrator has the discretionary authority to determine all interpretative issues arising under this Agreement and the interpretations of the Claims Administrator shall be final and binding upon Executive or any other party claiming benefits under this Agreement.

Decision on Review. No later than sixty (60) days (forty-five (45) days with respect to a claim for benefits due to Executive being Permanently Disabledexperiencing a Disability) following the receipt of the written application for review, the Claims Administrator or the Appeals Fiduciary, as applicable, shall submit its decision on the review in writing to the claimant involved and to his representative, if any, unless the Claims Administrator or Appeals Fiduciary determines that special circumstances (such as the need to hold a hearing) require an extension of time, to a day no later than one hundred twenty (120) days (ninety (90) days with respect to a claim for benefits due to Executive being Permanently Disabledexperiencing a Disability) after the date of receipt of the written application for review. If the Claims Administrator or Appeals Fiduciary determines that the extension of time is required, the Claims Administrator or Appeals Fiduciary shall furnish to the claimant written notice of the extension before the expiration of the initial sixty (60) day (forty-five (45) days with respect to a claim for benefits due to Executive being Permanently Disabledexperiencing a Disability) period. The extension notice shall indicate the special circumstances requiring an extension of time and the date by which the Claims Administrator or Appeals Fiduciary expects to render its decision on review. In the case of a decision adverse to the claimant, the Claims Administrator or Appeals Fiduciary shall provide to the claimant written notice of the denial. Any such notice of an adverse benefit determination shall be written in a manner calculated to be understood by the claimant (and with respect to a claim for benefits due to Executive being Permanently Disabledexperiencing a Disability, be provided in a culturally and linguistically appropriate manner) and shall include: (1) 7.8.1 the specific reason or reasons for the adverse benefit determination; (2) 7.8.2 specific references to the pertinent provisions of this Agreement on which the adverse benefit determination is based; (3) 7.8.3 a statement that the claimant is entitled to receive, upon request and free of charge, reasonable access to, and copies of, all documents, records, and other information relevant to the claimant’s claim for benefits; (4) 7.8.4 a statement of the claimant’s right to bring a civil action under Section 502(a) of ERISA following the adverse benefit determination on review; (5) 7.8.5 a statement regarding the availability of other voluntary alternative dispute resolution options; (6) 7.8.6 in the case of a claim for benefits due to Executive being Permanently Disabledexperiencing a Disability: (Ai) a description of any contractual limitations period that applies to the claimant’s right to bring a civil action under Section 502(a) of ERISA, including the calendar date on which the contractual limitations period expires for the claim; (Bii) a discussion of the decision, including an explanation of the basis for disagreeing with or not following: the views presented by the claimant to the Agreement Claims Administrator of health care professionals treating the claimant and vocational professionals who evaluated the claimant, the views of medical or vocational professionals whose advice was obtained on behalf of the Agreement Claims Administrator in connection with a claimant’s adverse benefit determination, without regard to whether the advice was relied upon in making the determination, and a disability determination regarding the claimant presented by the claimant to the Agreement Claims Administrator made by the Social Security Administration; (Ciii) if the adverse benefit determination is based on a medical necessity or experimental treatment or similar exclusion or limit, either an explanation of the scientific or clinical judgment for the determination, applying the terms of the Agreement to the claimant’s medical circumstances, or a statement that such explanation will be provided free of charge upon request; and (Div) the specific internal rules, guidelines, protocols, standards or other similar criteria of the Agreement Claims Administrator relied upon in making the adverse determination, or a statement that such rules, guidelines, protocols, standards or other similar criteria do not exist. The Claims Administrator has the discretionary authority to determine all interpretative issues arising under this Agreement and the interpretations of the Claims Administrator shall be final and binding upon Executive or any other party claiming benefits under this Agreement.

Decision on Review. No later than sixty (60) days (forty-five (45) days with respect to a claim for benefits due to the Executive being Permanently becoming Substantially Disabled) following the receipt of the written application for review, the Claims Administrator or the Appeals Fiduciary, as applicable, shall submit its decision on the review in writing to the claimant involved and to his or her representative, if any, unless the Claims Administrator or Appeals Fiduciary determines that special circumstances (such as the need to hold a hearing) require an extension of time, to a day no later than one hundred twenty (120) days (ninety (90) days with respect to a claim for benefits due to the Executive being Permanently becoming Substantially Disabled) after the date of receipt of the written application for review. If the Claims Administrator or Appeals Fiduciary determines that the extension of time is required, the Claims Administrator or Appeals Fiduciary shall furnish to the claimant written notice of the extension before the expiration of the initial sixty (60) day (forty-five (45) days with respect to a claim for benefits due to the Executive being Permanently becoming Substantially Disabled) period. The extension notice shall indicate the special circumstances requiring an extension of time and the date by which the Claims Administrator or Appeals Fiduciary expects to render its decision on review. In the case of a decision adverse to the claimant, the Claims Administrator or Appeals Fiduciary shall provide to the claimant written notice of the denial. Any such notice of an adverse benefit determination shall be written in a manner calculated to be understood by the claimant (and with respect to a claim for benefits due to Executive being Permanently Disabled, be provided in a culturally and linguistically appropriate manner) and denial which shall include: (1i) the specific reason or reasons for the adverse benefit determinationdecision; (2ii) specific references to the pertinent provisions of this Agreement on which the adverse benefit determination decision is based; (3iii) a statement that the claimant is entitled to receive, upon request and free of charge, reasonable access to, and copies of, all documents, records, and other information relevant to the claimant’s claim for benefits; (4iv) an explanation of this Agreement’s claim review procedures, and the time limits applicable to such procedures, including a statement of the claimant’s right to bring a civil an action under Section 502(a) of ERISA following the adverse benefit determination on denial of the claim upon review; (5) a statement regarding the availability of other voluntary alternative dispute resolution options; (6v) in the case of a claim for benefits due to the Executive being Permanently becoming Substantially Disabled: (A) a description of any contractual limitations period that applies to , if an internal rule, guideline, protocol or other similar criterion is relied upon in making the claimant’s right to bring a civil action under Section 502(a) of ERISA, including the calendar date on which the contractual limitations period expires for the claim; (B) a discussion of the decision, including an explanation of the basis for disagreeing with or not following: the views presented by the claimant to the Agreement of health care professionals treating the claimant and vocational professionals who evaluated the claimant, the views of medical or vocational professionals whose advice was obtained on behalf of the Agreement in connection with a claimant’s adverse benefit determination, without regard to whether either the advice specific rule, guideline, protocol or other similar criterion; or a statement that such rule, guideline, protocol or other similar criterion was relied upon in making the determinationdecision and that a copy of such rule, and a disability determination regarding the claimant presented by the claimant to the Agreement made by the Social Security Administrationguideline, protocol or other similar criterion will be provided free of charge upon request; (Cvi) in the case of a claim for benefits due to the Executive becoming Substantially Disabled, if a denial of the adverse benefit determination claim is based on a medical necessity or experimental treatment or similar exclusion or limit, either an explanation of the scientific or clinical judgment for the determinationdenial, an explanation applying the terms of the this Agreement to the claimant’s medical circumstances, circumstances or a statement that such explanation will be provided free of charge upon request; and (Dvii) in the specific internal rulescase of a claim for benefits due to the Executive becoming Substantially Disabled, guidelines, protocols, standards or other similar criteria of the Agreement relied upon in making the adverse determination, or a statement that such rules, guidelines, protocols, standards or regarding the availability of other similar criteria do not exist. The Claims Administrator has the discretionary authority to determine all interpretative issues arising under this Agreement and the interpretations of the Claims Administrator shall be final and binding upon Executive or any other party claiming benefits under this Agreementvoluntary alternative dispute resolution options.

Decision on Review. No The Plan Administrator shall render its decision on review promptly, and not later than sixty (60) days (forty-five (45) days with respect to after the filing of a claim written request for benefits due to Executive being Permanently Disabled) following the receipt review of the written application for review, the Claims Administrator or the Appeals Fiduciary, as applicable, shall submit its decision on the review in writing to the claimant involved and to his representative, if anydenial, unless the Claims Administrator a hearing is held or Appeals Fiduciary determines that other special circumstances (such as the need to hold a hearing) require an extension of additional time, to a day no later than one hundred in which case the Plan Administrator’s decision must be rendered within one- hundred-twenty (120) days (ninety (90) days with respect to a claim for benefits due to Executive being Permanently Disabled) after the date of receipt of the written application for reviewsuch date. If the Claims Administrator or Appeals Fiduciary determines that the an extension of time is requiredneeded, the Claims Plan Administrator or Appeals Fiduciary shall furnish to notify the claimant written notice Claimant of the extension before the expiration of the initial sixty (original 60) -day (forty-five (45) days with respect to a claim for benefits due to Executive being Permanently Disabled) period. The extension notice shall indicate will include a description of the special circumstances requiring the extension and an extension estimate of time and the date by which the Claims Administrator or Appeals Fiduciary it expects to render its decision on review. In the case of a decision adverse to the claimant, the Claims Administrator or Appeals Fiduciary shall provide to the claimant written notice of the denialbe made. Any such notice of an adverse benefit determination shall Such decision must be written in a manner calculated to be understood by the claimant (Claimant, and with respect to a claim for benefits due to Executive being Permanently Disabled, be provided in a culturally and linguistically appropriate manner) and shall includeif the decision on review is adverse it must contain: (1i) the specific reason or reasons for the adverse benefit determinationdecision; (2ii) specific references reference(s) to the pertinent Plan provisions of this Agreement on upon which the adverse benefit determination is decision was based; (3iii) a statement that the claimant is entitled to Claimant may receive, upon request and free of charge, reasonable access to, to and copies of, all documents, records, of relevant documents and other information relevant to the claimant’s claim for benefitsinformation; (4iv) a statement of describing any voluntary appeal procedures under the claimantPlan and the Claimant’s right to bring a civil an action under Section ERISA §502(a) of ERISA following the adverse benefit determination on review); (5v) if the decision involved the Disability of the Participant, information regarding whether an internal rule or procedure was relied upon in making its decision and that the Claimant can request a copy of such rule or procedure, free of charge, upon request; (vi) if the decision involved the Disability of the Participant, a statement regarding that the availability of Claimant and the Plan may have other voluntary alternative dispute resolution options; (6) in the case of a claim for benefits due to Executive being Permanently Disabled: (A) a description of any contractual limitations period that applies to the claimant’s right to bring a civil action under Section 502(a) of ERISA, including the calendar date on which the contractual limitations period expires for the claim; (B) a discussion of the decision, including an explanation of the basis for disagreeing with or not following: the views presented by the claimant to the Agreement of health care professionals treating the claimant and vocational professionals who evaluated the claimant, the views of medical or vocational professionals whose advice was obtained on behalf of the Agreement in connection with a claimant’s adverse benefit determination, without regard to whether the advice was relied upon in making the determinationsuch as mediation, and a disability determination regarding that the claimant presented Claimant may find out what options are available by contacting the claimant to local U.S. Department of Labor Office and the Agreement made by the Social Security Administration; (C) if the adverse benefit determination is based on a medical necessity or experimental treatment or similar exclusion or limit, either an explanation of the scientific or clinical judgment for the determination, applying the terms of the Agreement to the claimant’s medical circumstances, or a statement that such explanation will be provided free of charge upon requeststate insurance regulatory agency; and (Dvii) such other matters as the specific internal rules, guidelines, protocols, standards or other similar criteria Plan Administrator deems relevant. If the appeal involves the Disability of the Agreement relied upon Participant, the decision of the Plan Administrator will be made within forty- five (45) days after the filing of the written request for review, unless special circumstances require additional time, in making which case the adverse determinationPlan Administrator’s decision will be made within ninety (90) days after the date the request was filed. If an extension of time is needed, or a statement that such rules, guidelines, protocols, standards or other similar criteria do not existthe Plan Administrator shall notify the Claimant of the extension before the expiration of the original 45-day period. The Claims notice will include a description of the circumstances requiring the extension and an estimate of the date it expects a decision to be made. If the Plan Administrator has notifies the discretionary authority Claimant of the need for an extension of time to determine all interpretative issues arising under make a decision regarding his or her appeal in accordance with this Agreement Section 6.13(d), and the interpretations extension is needed due to the Claimant’s failure to provide information necessary to decide the appeal, the period of time in which the Plan Administrator must make a decision does not include the time between the date the notice of the Claims Administrator shall be final extension was sent to the Claimant and binding upon Executive or any other party claiming benefits under this Agreementthe date the Claimant responds to the request for additional information.

Decision on Review. No The Plan Administrator shall render its decision on review promptly, and not later than sixty (60) days (forty-five (45) days with respect to after the filing of a claim written request for benefits due to Executive being Permanently Disabled) following the receipt review of the written application for review, the Claims Administrator or the Appeals Fiduciary, as applicable, shall submit its decision on the review in writing to the claimant involved and to his representative, if anydenial, unless the Claims Administrator a hearing is held or Appeals Fiduciary determines that other special circumstances (such as the need to hold a hearing) require an extension of additional time, to a day no later than one hundred in which case the Plan Administrator’s decision must be rendered within one-hundred-twenty (120) days (ninety (90) days with respect to a claim for benefits due to Executive being Permanently Disabled) after the date of receipt of the written application for reviewsuch date. If the Claims Administrator or Appeals Fiduciary determines that the an extension of time is requiredneeded, the Claims Plan Administrator or Appeals Fiduciary shall furnish to notify the claimant written notice Claimant of the extension before the expiration of the initial sixty (original 60) -day (forty-five (45) days with respect to a claim for benefits due to Executive being Permanently Disabled) period. The extension notice shall indicate will include a description of the special circumstances requiring the extension and an extension estimate of time and the date by which the Claims Administrator or Appeals Fiduciary it expects to render its decision on review. In the case of a decision adverse to the claimant, the Claims Administrator or Appeals Fiduciary shall provide to the claimant written notice of the denialbe made. Any such notice of an adverse benefit determination shall Such decision must be written in a manner calculated to be understood by the claimant (Claimant, and with respect to a claim for benefits due to Executive being Permanently Disabled, be provided in a culturally and linguistically appropriate manner) and shall includeif the decision on review is adverse it must contain: (1i) the specific reason or reasons for the adverse benefit determinationdecision; (2ii) specific references reference(s) to the pertinent Plan provisions of this Agreement on upon which the adverse benefit determination is decision was based; (3iii) a statement that the claimant is entitled to Claimant may receive, upon request and free of charge, reasonable access to, to and copies of, all documents, records, of relevant documents and other information relevant to the claimant’s claim for benefitsinformation; (4iv) a statement of describing any voluntary appeal procedures under the claimantPlan and the Claimant’s right to bring a civil an action under Section ERISA §502(a) of ERISA following the adverse benefit determination on review); (5v) if the decision involved the Disability of the Participant, information regarding whether an internal rule or procedure was relied upon in making its decision and that the Claimant can request a copy of such rule or procedure, free of charge, upon request; (vi) if the decision involved the Disability of the Participant, a statement regarding that the availability of Claimant and the Plan may have other voluntary alternative dispute resolution options; (6) in the case of a claim for benefits due to Executive being Permanently Disabled: (A) a description of any contractual limitations period that applies to the claimant’s right to bring a civil action under Section 502(a) of ERISA, including the calendar date on which the contractual limitations period expires for the claim; (B) a discussion of the decision, including an explanation of the basis for disagreeing with or not following: the views presented by the claimant to the Agreement of health care professionals treating the claimant and vocational professionals who evaluated the claimant, the views of medical or vocational professionals whose advice was obtained on behalf of the Agreement in connection with a claimant’s adverse benefit determination, without regard to whether the advice was relied upon in making the determinationsuch as mediation, and a disability determination regarding that the claimant presented Claimant may find out what options are available by contacting the claimant to local U.S. Department of Labor Office and the Agreement made by the Social Security Administration; (C) if the adverse benefit determination is based on a medical necessity or experimental treatment or similar exclusion or limit, either an explanation of the scientific or clinical judgment for the determination, applying the terms of the Agreement to the claimant’s medical circumstances, or a statement that such explanation will be provided free of charge upon requeststate insurance regulatory agency; and (Dvii) such other matters as the specific internal rules, guidelines, protocols, standards or other similar criteria Plan Administrator deems relevant. If the appeal involves the Disability of the Agreement relied upon Participant, the decision of the Plan Administrator will be made within forty-five (45) days after the filing of the written request for review, unless special circumstances require additional time, in making which case the adverse determinationPlan Administrator’s decision will be made within ninety (90) days after the date the request was filed. If an extension of time is needed, or a statement that such rules, guidelines, protocols, standards or other similar criteria do not existthe Plan Administrator shall notify the Claimant of the extension before the expiration of the original 45-day period. The Claims notice will include a description of the circumstances requiring the extension and an estimate of the date it expects a decision to be made. If the Plan Administrator has notifies the discretionary authority Claimant of the need for an extension of time to determine all interpretative issues arising under make a decision regarding his or her appeal in accordance with this Agreement Section 6.12(d), and the interpretations extension is needed due to the Claimant’s failure to provide information necessary to decide the appeal, the period of time in which the Plan Administrator must make a decision does not include the time between the date the notice of the Claims Administrator shall be final extension was sent to the Claimant and binding upon Executive or any other party claiming benefits under this Agreementthe date the Claimant responds to the request for additional information.

Decision on Review. No later than sixty (60) days (forty-five (45) days with respect to a claim for benefits due to Executive being Permanently Disabled) following the receipt of the written application for review, the Claims Administrator or the Appeals Fiduciary, as applicable, shall submit its decision on the review in writing to the claimant involved and to his representative, if any, unless the Claims Administrator or Appeals Fiduciary determines that special circumstances (such as the need to hold a hearing) require an extension of time, to a day no later than one hundred twenty (120) days (ninety (90) days with respect to a claim for benefits due to Executive being Permanently Disabled) after the date of receipt of the written application for review. If the Claims Administrator or Appeals Fiduciary determines that the extension of time is required, the Claims Administrator or Appeals Fiduciary shall furnish to the claimant written notice of the extension before the expiration of the initial sixty (60) day (forty-five (45) days with respect to a claim for benefits due to Executive being Permanently Disabled) period. The extension notice shall indicate the special circumstances requiring an extension of time and the date by which the Claims Administrator or Appeals Fiduciary expects to render its decision on review. In the case of a decision adverse to the claimant, the Claims Administrator or Appeals Fiduciary shall provide to the claimant written notice of the denial. Any such notice of an adverse benefit determination shall be written in a manner calculated to be understood by the claimant (and with respect to a claim for benefits due to Executive being Permanently Disabled, be provided in a culturally and linguistically appropriate manner) and shall include: (1) the specific reason or reasons for the adverse benefit determination; (2) specific references to the pertinent provisions of this Agreement on which the adverse benefit determination is based; (3) a statement that the claimant is entitled to receive, upon request and free of charge, reasonable access to, and copies of, all documents, records, and other information relevant to the claimant’s claim for benefits; (4) a statement of the claimant’s right to bring a civil action under Section 502(a) of ERISA following the adverse benefit determination on review; (5) a statement regarding the availability of other voluntary alternative dispute resolution options; (6) in the case of a claim for benefits due to Executive being Permanently Disabled: (A) a description of any contractual limitations period that applies to the claimant’s right to bring a civil action under Section 502(a) of ERISA, including the calendar date on which the contractual limitations period expires for the claim; (B) a discussion of the decision, including an explanation of the basis for disagreeing with or not following: the views presented by the claimant to the Agreement Claims Administrator of health care professionals treating the claimant and vocational professionals who evaluated the claimant, the views of medical or vocational professionals whose advice was obtained on behalf of the Agreement Claims Administrator in connection with a claimant’s adverse benefit determination, without regard to whether the advice was relied upon in making the determination, and a disability determination regarding the claimant presented by the claimant to the Agreement Claims Administrator made by the Social Security Administration; (C) if the adverse benefit determination is based on a medical necessity or experimental treatment or similar exclusion or limit, either an explanation of the scientific or clinical judgment for the determination, applying the terms of the this Agreement to the claimant’s medical circumstances, or a statement that such explanation will be provided free of charge upon request; and (D) the specific internal rules, guidelines, protocols, standards or other similar criteria of that the Agreement Claims Administrator relied upon in making the adverse determination, or a statement that such rules, guidelines, protocols, standards or other similar criteria do not exist. The Claims Administrator has the discretionary authority to determine all interpretative issues arising under this Agreement and the interpretations of the Claims Administrator shall be final and binding upon Executive or any other party claiming benefits under this Agreement.

Decision on Review. No later than sixty (60) days or (forty-five (45) days with respect to a claim for benefits due to the Executive being Permanently becoming Substantially Disabled) following the receipt of the written application for review, the Claims Administrator or the Appeals Fiduciary, as applicable, shall submit its decision on the review in writing to the claimant involved and to his representative, if any, unless the Claims Administrator or Appeals Fiduciary determines that special circumstances (such as the need to hold a hearing) require an extension of time, to a day no later than one hundred twenty (120) days or (ninety (90) days with respect to a claim for benefits due to the Executive being Permanently becoming Substantially Disabled) after the date of receipt of the written application for review. If the Claims Administrator or Appeals Fiduciary determines that the extension of time is required, the Claims Administrator or Appeals Fiduciary shall furnish to the claimant written notice of the extension before the expiration of the initial sixty (60) day (forty-five (45) days with respect to a claim for benefits due to the Executive being Permanently becoming Substantially Disabled) period. The extension notice shall indicate the special circumstances requiring an extension of time and the date by which the Claims Administrator or Appeals Fiduciary expects to render its decision on review. In the case of a decision adverse to the claimant, the Claims Administrator or Appeals Fiduciary shall provide to the claimant written notice of the denial. Any such notice of an adverse benefit determination shall be written in a manner calculated to be understood by the claimant (and with respect to a claim for benefits due to Executive being Permanently Disabled, be provided in a culturally and linguistically appropriate manner) and denial which shall include: (1i) the specific reason or reasons for the adverse benefit determinationdecision; (2ii) specific references to the pertinent provisions of this Agreement on which the adverse benefit determination decision is based; (3iii) a statement that the claimant is entitled to receive, upon request and free of charge, reasonable access to, and copies of, all documents, records, and other information relevant to the claimant’s claim for benefits; (4iv) an explanation of this Agreement’s claim review procedures, and the time limits applicable to such procedures, including a statement of the claimant’s right to bring a civil an action under Section 502(a) of ERISA following the adverse benefit determination on denial of the claim upon review; (5) a statement regarding the availability of other voluntary alternative dispute resolution options; (6v) in the case of a claim for benefits due to the Executive being Permanently becoming Substantially Disabled: (A) a description of any contractual limitations period that applies to , if an internal rule, guideline, protocol or other similar criterion is relied upon in making the claimant’s right to bring a civil action under Section 502(a) of ERISA, including the calendar date on which the contractual limitations period expires for the claim; (B) a discussion of the decision, including an explanation of the basis for disagreeing with or not following: the views presented by the claimant to the Agreement of health care professionals treating the claimant and vocational professionals who evaluated the claimant, the views of medical or vocational professionals whose advice was obtained on behalf of the Agreement in connection with a claimant’s adverse benefit determination, without regard to whether either the advice specific rule, guideline, protocol or other similar criterion; or a statement that such rule, guideline, protocol or other similar criterion was relied upon in making the determinationdecision and that a copy of such rule, and a disability determination regarding the claimant presented by the claimant to the Agreement made by the Social Security Administrationguideline, protocol or other similar criterion will be provided free of charge upon request; (Cvi) in the case of a claim for benefits due to the Executive becoming Substantially Disabled, if a denial of the adverse benefit determination claim is based on a medical necessity or experimental treatment or similar exclusion or limit, either an explanation of the scientific or clinical judgment for the determinationdenial, an explanation applying the terms of the this Agreement to the claimant’s medical circumstances, circumstances or a statement that such explanation will be provided free of charge upon request; and (Dvii) in the specific internal rulescase of a claim for benefits due to the Executive becoming Substantially Disabled, guidelines, protocols, standards or other similar criteria of the Agreement relied upon in making the adverse determination, or a statement that such rules, guidelines, protocols, standards or regarding the availability of other similar criteria do not exist. The Claims Administrator has the discretionary authority to determine all interpretative issues arising under this Agreement and the interpretations of the Claims Administrator shall be final and binding upon Executive or any other party claiming benefits under this Agreementvoluntary alternative dispute resolution options.

Decision on Review. No later than sixty (60) days (forty-five (45) days with respect to a claim for benefits due to Executive being Permanently Disabled) following the receipt of the written application for review, the Claims Administrator or the Appeals Fiduciary, as applicable, shall submit its decision on the review in writing to the claimant involved and to his her representative, if any, unless the Claims Administrator or Appeals Fiduciary determines that special circumstances (such as the need to hold a hearing) require an extension of time, to a day no later than one hundred twenty (120) days (ninety (90) days with respect to a claim for benefits due to Executive being Permanently Disabled) after the date of receipt of the written application for review. If the Claims Administrator or Appeals Fiduciary determines that the extension of time is required, the Claims Administrator or Appeals Fiduciary shall furnish to the claimant written notice of the extension before the expiration of the initial sixty (60) day (forty-five (45) days with respect to a claim for benefits due to Executive being Permanently Disabled) period. The extension notice shall indicate the special circumstances requiring an extension of time and the date by which the Claims Administrator or Appeals Fiduciary expects to render its decision on review. In the case of a decision adverse to the claimant, the Claims Administrator or Appeals Fiduciary shall provide to the claimant written notice of the denial. Any such notice of an adverse benefit determination shall be written in a manner calculated to be understood by the claimant (and with respect to a claim for benefits due to Executive being Permanently Disabled, be provided in a culturally and linguistically appropriate manner) and shall include: (1) the specific reason or reasons for the adverse benefit determination; (2) specific references to the pertinent provisions of this Agreement on which the adverse benefit determination is based; (3) a statement that the claimant is entitled to receive, upon request and free of charge, reasonable access to, and copies of, all documents, records, and other information relevant to the claimant’s claim for benefits; (4) a statement of the claimant’s right to bring a civil action under Section 502(a) of ERISA following the adverse benefit determination on review; (5) a statement regarding the availability of other voluntary alternative dispute resolution options; (6) in the case of a claim for benefits due to Executive being Permanently Disabled: (A) a description of any contractual limitations period that applies to the claimant’s right to bring a civil action under Section 502(a) of ERISA, including the calendar date on which the contractual limitations period expires for the claim; (B) a discussion of the decision, including an explanation of the basis for disagreeing with or not following: the views presented by the claimant to the Agreement Claims Administrator of health care professionals treating the claimant and vocational professionals who evaluated the claimant, the views of medical or vocational professionals whose advice was obtained on behalf of the Agreement Claims Administrator in connection with a claimant’s adverse benefit determination, without regard to whether the advice was relied upon in making the determination, and a disability determination regarding the claimant presented by the claimant to the Agreement Claims Administrator made by the Social Security Administration; (C) if the adverse benefit determination is based on a medical necessity or experimental treatment or similar exclusion or limit, either an explanation of the scientific or clinical judgment for the determination, applying the terms of the this Agreement to the claimant’s medical circumstances, or a statement that such explanation will be provided free of charge upon request; and (D) the specific internal rules, guidelines, protocols, standards or other similar criteria of that the Agreement Claims Administrator relied upon in making the adverse determination, or a statement that such rules, guidelines, protocols, standards or other similar criteria do not exist. The Claims Administrator has the discretionary authority to determine all interpretative issues arising under this Agreement and the interpretations of the Claims Administrator shall be final and binding upon Executive or any other party claiming benefits under this Agreement.

Decision on Review. No The Plan Administrator shall render its decision on review promptly, and not later than sixty (60) days (forty-five (45) days with respect to after the filing of a claim written request for benefits due to Executive being Permanently Disabled) following the receipt review of the written application for review, the Claims Administrator or the Appeals Fiduciary, as applicable, shall submit its decision on the review in writing to the claimant involved and to his representative, if anydenial, unless the Claims Administrator a hearing is held or Appeals Fiduciary determines that other special circumstances (such as the need to hold a hearing) require an extension of additional time, to a day no later than one hundred in which case the Plan Administrator’s decision must be rendered within one-hundred-twenty (120) days (ninety (90) days with respect to a claim for benefits due to Executive being Permanently Disabled) after the date of receipt of the written application for reviewsuch date. If the Claims Administrator or Appeals Fiduciary determines that the an extension of time is requiredneeded, the Claims Plan Administrator or Appeals Fiduciary shall furnish to notify the claimant written notice Claimant of the extension before the expiration of the initial sixty (original 60) -day (forty-five (45) days with respect to a claim for benefits due to Executive being Permanently Disabled) period. The extension notice shall indicate will include a description of the special circumstances requiring the extension and an extension estimate of time and the date by which the Claims Administrator or Appeals Fiduciary it expects to render its decision on review. In the case of a decision adverse to the claimant, the Claims Administrator or Appeals Fiduciary shall provide to the claimant written notice of the denialbe made. Any such notice of an adverse benefit determination shall Such decision must be written in a manner calculated to be understood by the claimant (Claimant, and with respect to a claim for benefits due to Executive being Permanently Disabled, be provided in a culturally and linguistically appropriate manner) and shall includeif the decision on review is adverse it must contain: (1i) the specific reason or reasons for the adverse benefit determinationdecision; (2ii) specific references reference(s) to the pertinent Plan provisions of this Agreement on upon which the adverse benefit determination is decision was based; (3iii) a statement that the claimant is entitled to Claimant may receive, upon request and free of charge, reasonable access to, to and copies of, all documents, records, of relevant documents and other information relevant to the claimant’s claim for benefitsinformation; (4iv) a statement of describing any voluntary appeal procedures under the claimantPlan and the Claimant’s right to bring a civil an action under ERISA Section 502(a) (and if the decision involved the Disability of ERISA following the adverse benefit determination on review; (5) a statement regarding the availability of other voluntary alternative dispute resolution options; (6) in the case of a claim for benefits due to Executive being Permanently Disabled: (A) Participant, a description of any applicable contractual limitations limitation period that applies to the claimantClaimant’s right to bring a civil action under Section 502(a) of ERISAan action, including the calendar date on which the such contractual limitations limitation period expires for the claimexpires); (Bv) if the decision involved the Disability of the Participant, either the specific internal rules, guidelines, protocols, standards or other similar criteria of the Plan relied upon in denying the claim on appeal or, alternatively, a statement that such criteria of the Plan does not exist; (vi) if the decision involved the Disability of the Participant, a statement that the Claimant and the Plan may have other voluntary alternative dispute resolution options, such as mediation, and that the Claimant may find out what options are available by contacting the local U.S. Department of Labor Office and the state insurance regulatory agency; (vii) if the decision involved the Disability of the Participant, a discussion of the decision, including an explanation of the basis for disagreeing with or not following: following (A) the views presented by the claimant to the Agreement of a health care professionals treating professional who treated the claimant and vocational professionals who evaluated the claimantClaimant, (B) the views of medical or vocational professionals experts whose advice was obtained on behalf of the Agreement in connection with a claimant’s adverse benefit determination, Plan (without regard to whether the such advice was relied upon in making for the determinationdecision), and (C) a disability determination regarding the claimant presented by the claimant to the Agreement made by the Social Security Administration; (Cviii) if the adverse benefit determination is decision involved the Disability of the Participant and was based on a medical necessity or necessity, experimental treatment or similar exclusion or exclusion/limit, either an explanation of the scientific or clinical judgment for the determination, decision (applying the terms of the Agreement Plan to the claimantClaimant’s medical circumstances, ) or a statement that Claimant can request a copy of such explanation will be provided explanation, free of charge charge, upon request; and (Dix) such other matters as the specific internal rules, guidelines, protocols, standards or other similar criteria Plan Administrator deems relevant. If the appeal involves the Disability of the Agreement relied upon Participant, the decision of the Plan Administrator will be made within forty-five (45) days after the filing of the written request for review, unless special circumstances require additional time, in making which case the adverse determinationPlan Administrator’s decision will be made within ninety (90) days after the date the request was filed. If an extension of time is needed, or a statement that such rules, guidelines, protocols, standards or other similar criteria do not existthe Plan Administrator shall notify the Claimant of the extension before the expiration of the original 45-day period. The Claims notice will include a description of the circumstances requiring the extension and an estimate of the date it expects a decision to be made. If the Plan Administrator has notifies the discretionary authority Claimant of the need for an extension of time to determine all interpretative issues arising under make a decision regarding his or her appeal in accordance with this Agreement Section 6.11(d), and the interpretations extension is needed due to the Claimant’s failure to provide information necessary to decide the appeal, the period of time in which the Plan Administrator must make a decision does not include the time between the date the notice of the Claims Administrator shall be final extension was sent to the Claimant and binding upon Executive or any other party claiming benefits under this Agreementthe date the Claimant responds to the request for additional information.

Decision on Review. No later than sixty (60) days (forty-five fort-.five (45) days with respect to a claim for benefits due to Executive being Permanently becoming Substantially Disabled) following the receipt of the written application for review, the Claims Administrator or the Appeals Fiduciary, as applicable, Fiduciary shall submit its decision on the review in writing to the claimant involved and to his or her representative, if any, unless the Claims Administrator or Appeals Fiduciary determines that special circumstances (such as the need to hold a hearing) require an extension of time, to a day no later than one hundred twenty (( 120) days ({ninety (90) days with respect to a claim for benefits due to Executive being Permanently becoming Substantially Disabled) after the date of receipt of the written application for review. If the Claims Administrator or Appeals Fiduciary determines that the extension of time is required, the Claims Administrator or Appeals Fiduciary shall furnish to the claimant written notice of the extension before the expiration of the initial sixty (60) day (forty-five (45) days with respect to a claim for benefits due to Executive being Permanently becoming Substantially Disabled) period. The extension notice shall indicate the special circumstances requiring an extension of time and the date by which the Claims Administrator or Appeals Fiduciary expects to render its decision on review. In the case of a decision adverse to the claimant, the Claims Administrator or Appeals Fiduciary shall provide to the claimant written notice of the denial. Any such notice of an adverse benefit determination shall be written in a manner calculated to be understood by the claimant (and with respect to a claim for benefits due to Executive being Permanently Disabled, be provided in a culturally and linguistically appropriate manner) and denial which shall include: (1) i. the specific reason or reasons for the adverse benefit determinationdecision; (2) ii. specific references to the pertinent provisions of this Agreement on which the adverse benefit determination decision is based; (3) iii. a statement that the claimant is entitled to receive, upon request and free of charge, reasonable access to, and copies of, all documents, records, and other information relevant to the claimant’s 's claim for benefits; (4) a statement of the claimant’s right to bring a civil action under Section 502(a) of ERISA following the adverse benefit determination on review; (5) a statement regarding the availability of other voluntary alternative dispute resolution options; (6) in the case of a claim for benefits due to Executive being Permanently Disabled: (A) a description of any contractual limitations period that applies to the claimant’s right to bring a civil action under Section 502(a) of ERISA, including the calendar date on which the contractual limitations period expires for the claim; (B) a discussion of the decision, including an explanation of the basis for disagreeing with or not following: the views presented by the claimant to the Agreement of health care professionals treating the claimant and vocational professionals who evaluated the claimant, the views of medical or vocational professionals whose advice was obtained on behalf of the Agreement in connection with a claimant’s adverse benefit determination, without regard to whether the advice was relied upon in making the determination, and a disability determination regarding the claimant presented by the claimant to the Agreement made by the Social Security Administration; (C) if the adverse benefit determination is based on a medical necessity or experimental treatment or similar exclusion or limit, either an explanation of the scientific or clinical judgment for the determination, applying the terms of the Agreement to the claimant’s medical circumstances, or a statement that such explanation will be provided free of charge upon request; and (D) the specific internal rules, guidelines, protocols, standards or other similar criteria of the Agreement relied upon in making the adverse determination, or a statement that such rules, guidelines, protocols, standards or other similar criteria do not exist. The Claims Administrator has the discretionary authority to determine all interpretative issues arising under this Agreement and the interpretations of the Claims Administrator shall be final and binding upon Executive or any other party claiming benefits under this Agreement.

Decision on Review. No later than sixty (60) days (forty-five (45) days with respect to a claim for benefits due to Executive being Permanently Disabledexperiencing a Disability) following the receipt of the written application for review, the Claims Administrator or the Appeals Fiduciary, as applicable, shall submit its decision on the review in writing to the claimant involved and to his representative, if any, unless the Claims Administrator or Appeals Fiduciary determines that special circumstances (such as the need to hold a hearing) require an extension of time, to a day no later than one hundred twenty (120) days (ninety (90) days with respect to a claim for benefits due to Executive being Permanently Disabledexperiencing a Disability) after the date of receipt of the written application for review. If the Claims Administrator or Appeals Fiduciary determines that the extension of time is required, the Claims Administrator or Appeals Fiduciary shall furnish to the claimant written notice of the extension before the expiration of the initial sixty (60) day (forty-five (45) days with respect to a claim for benefits due to Executive being Permanently Disabledexperiencing a Disability) period. The extension notice shall indicate the special circumstances requiring an extension of time and the date by which the Claims Administrator or Appeals Fiduciary expects to render its decision on review. In the case of a decision adverse to the claimant, the Claims Administrator or Appeals Fiduciary shall provide to the claimant written notice of the denial. Any such notice of an adverse benefit determination shall be written in a manner calculated to be understood by the claimant (and with respect to a claim for benefits due to Executive being Permanently Disabledexperiencing a Disability, be provided in a culturally and linguistically appropriate manner) and shall include: (1) 1.1.1 the specific reason or reasons for the adverse benefit determination; (2) 1.1.2 specific references to the pertinent provisions of this Agreement on which the adverse benefit determination is based; (3) 1.1.3 a statement that the claimant is entitled to receive, upon request and free of charge, reasonable access to, and copies of, all documents, records, and other information relevant to the claimant’s claim for benefits; (4) 1.1.4 a statement of the claimant’s right to bring a civil action under Section 502(a) of ERISA following the adverse benefit determination on review; (5) 1.1.5 a statement regarding the availability of other voluntary alternative dispute resolution options; (6) 1.1.6 in the case of a claim for benefits due to Executive being Permanently Disabledexperiencing a Disability: (Ai) a description of any contractual limitations period that applies to the claimant’s right to bring a civil action under Section 502(a) of ERISA, including the calendar date on which the contractual limitations period expires for the claim; (Bii) a discussion of the decision, including an explanation of the basis for disagreeing with or not following: the views presented by the claimant to the Agreement of health care professionals treating the claimant and vocational professionals who evaluated the claimant, the views of medical or vocational professionals whose advice was obtained on behalf of the Agreement in connection with a claimant’s adverse benefit determination, without regard to whether the advice was relied upon in making the determination, and a disability determination regarding the claimant presented by the claimant to the Agreement made by the Social Security Administration; (Ciii) if the adverse benefit determination is based on a medical necessity or experimental treatment or similar exclusion or limit, either an explanation of the scientific or clinical judgment for the determination, applying the terms of the Agreement to the claimant’s medical circumstances, or a statement that such explanation will be provided free of charge upon request; and (Div) the specific internal rules, guidelines, protocols, standards or other similar criteria of the Agreement relied upon in making the adverse determination, or a statement that such rules, guidelines, protocols, standards or other similar criteria do not exist. The Claims Administrator has the discretionary authority to determine all interpretative issues arising under this Agreement and the interpretations of the Claims Administrator shall be final and binding upon Executive or any other party claiming benefits under this Agreement.

Decision on Review. No later than sixty (60) days or (forty-five (45) days with respect to a claim for benefits due to the Executive being Permanently becoming Substantially Disabled) following the receipt of the written application for review, the Claims Administrator or the Appeals Fiduciary, as applicable, shall submit its decision on the review in writing to the claimant involved and to his representative, if any, unless the Claims Administrator or Appeals Fiduciary determines that special circumstances (such as the need to hold a hearing) require an extension of time, to a day no later than one hundred twenty (120) days or (ninety (90) days with respect to a claim for benefits due to the Executive being Permanently becoming Substantially Disabled) after the date of receipt of the written application for review. If the Claims Administrator or Appeals Fiduciary determines that the extension of time is required, the Claims Administrator or Appeals Fiduciary shall furnish to the claimant written notice of the extension before the expiration of the initial sixty (60) day (forty-five (45) days with respect to a claim for benefits due to the Executive being Permanently becoming Substantially Disabled) period. , The extension notice shall indicate the special circumstances requiring an extension of time and the date by which the Claims Administrator or Appeals Fiduciary expects to render its decision on review. In the case of a decision adverse to the claimant, the Claims Administrator or Appeals Fiduciary shall provide to the claimant written notice of the denial. Any such notice of an adverse benefit determination shall be written in a manner calculated to be understood by the claimant (and with respect to a claim for benefits due to Executive being Permanently Disabled, be provided in a culturally and linguistically appropriate manner) and denial which shall include: (1i) the specific reason or reasons for the adverse benefit determinationdecision; (2ii) specific references to the pertinent provisions of this Agreement on which the adverse benefit determination decision is based;: (3iii) a statement that the claimant is entitled to receive, upon request and free of charge, reasonable access to, and copies of, all documents, records, and other information relevant to the claimant’s 's claim for benefits; (4iv) an explanation of this Agreement's claim review procedures, and the time limits applicable to such procedures, including a statement of the claimant’s 's right to bring a civil an action under Section 502(a) of ERISA following the adverse benefit determination on denial of the claim upon review; (5) a statement regarding the availability of other voluntary alternative dispute resolution options; (6v) in the case of a claim for benefits due to the Executive being Permanently becoming Substantially Disabled: (A) a description of any contractual limitations period that applies to , if an internal rule, guideline, protocol or other similar criterion is relied upon in making the claimant’s right to bring a civil action under Section 502(a) of ERISA, including the calendar date on which the contractual limitations period expires for the claim; (B) a discussion of the decision, including an explanation of the basis for disagreeing with or not following: the views presented by the claimant to the Agreement of health care professionals treating the claimant and vocational professionals who evaluated the claimant, the views of medical or vocational professionals whose advice was obtained on behalf of the Agreement in connection with a claimant’s adverse benefit determination, without regard to whether either the advice specific rule, guideline, protocol or other similar criterion; or a statement that such rule, guideline, protocol or other similar criterion was relied upon in making the determinationdecision and that a copy of such rule, and a disability determination regarding the claimant presented by the claimant to the Agreement made by the Social Security Administrationguideline, protocol or other similar criterion will be provided free of charge upon request; (Cvi) in the case of a claim for benefits due to the Executive becoming Substantially Disabled, if a denial of the adverse benefit determination claim is based on a medical necessity or experimental treatment or similar exclusion or limit, either an explanation of the scientific or clinical judgment for the determinationdenial, an explanation applying the terms of the this Agreement to the claimant’s 's medical circumstances, circumstances or a statement that such explanation will be provided free of charge upon request; and (Dvii) in the specific internal rulescase of a claim for benefits due to the Executive becoming Substantially Disabled, guidelines, protocols, standards or other similar criteria of the Agreement relied upon in making the adverse determination, or a statement that such rules, guidelines, protocols, standards or regarding the availability of other similar criteria do not exist. The Claims Administrator has the discretionary authority to determine all interpretative issues arising under this Agreement and the interpretations of the Claims Administrator shall be final and binding upon Executive or any other party claiming benefits under this Agreementvoluntary alternative dispute resolution options.

Decision on Review. No later than sixty (60) days (forty-five (45) days with respect to a claim for benefits due to Executive being Permanently Disabled) following the receipt of the written application for review, the Claims Administrator or the Appeals Fiduciary, as applicable, shall submit its decision on the review in writing to the claimant involved and to his representative, if any, unless the Claims Administrator or Appeals Fiduciary determines that special circumstances (such as the need to hold a hearing) require an extension of time, to a day no later than one hundred twenty (120) days (ninety (90) days with respect to a claim for benefits due to Executive being Permanently Disabled) after the date of receipt of the written application for review. If the Claims Administrator or Appeals Fiduciary determines that the extension of time is required, the Claims Administrator or Appeals Fiduciary shall furnish to the claimant written notice of the extension before the expiration of the initial sixty (60) day (forty-five (45) days with respect to a claim for benefits due to Executive being Permanently Disabled) period. The extension notice shall indicate the special circumstances requiring an extension of time and the date by which the Claims Administrator or Appeals Fiduciary expects to render its decision on ‘review. In the case of a decision adverse to the claimant, the Claims Administrator or Appeals Fiduciary shall provide to the claimant written notice of the denial. Any such notice of an adverse benefit determination shall be written in a manner calculated to be understood by the claimant (and with respect to a claim for benefits due to Executive being Permanently Disabled, be provided in a culturally and linguistically appropriate manner) and shall include: (1) the specific reason or reasons for the adverse benefit determination; (2) specific references to the pertinent provisions of this Agreement on which the adverse benefit determination is based; (3) a statement that the claimant is entitled to receive, upon request and free of charge, reasonable access to, and copies of, all documents, records, and other information relevant to the claimant’s claim for benefits; (4) a statement of the claimant’s right to bring a civil action under Section 502(a) of ERISA following the adverse benefit determination on review; (5) a statement regarding the availability of other voluntary alternative dispute resolution options; (6) in the case of a claim for benefits due to Executive being Permanently Disabled: (A) a description of any contractual limitations period that applies to the claimant’s right to bring a civil action under Section 502(a) of ERISA, including the calendar date on which the contractual limitations period expires for the claim; (B) a discussion of the decision, including an explanation of the basis for disagreeing with or not following: the views presented by the claimant to the Agreement of health care professionals treating the claimant and vocational professionals who evaluated the claimant, the views of medical or vocational professionals whose advice was obtained on behalf of the Agreement in connection with a claimant’s adverse benefit determination, without regard to whether the advice was relied upon in making the determination, and a disability determination regarding the claimant presented by the claimant to the Agreement made by the Social Security Administration; (C) if the adverse benefit determination is based on a medical necessity or experimental treatment or similar exclusion or limit, either an explanation of the scientific or clinical judgment for the determination, applying the terms of the Agreement to the claimant’s medical circumstances, or a statement that such explanation will be provided free of charge upon request; and (D) the specific internal rules, guidelines, protocols, standards or other similar criteria of the Agreement relied upon in making the adverse determination, or a statement that such rules, guidelines, protocols, standards or other similar criteria do not exist. The Claims Administrator has the discretionary authority to determine all interpretative issues arising under this Agreement and the interpretations of the Claims Administrator shall be final and binding upon Executive or any other party claiming benefits under this Agreement.

Decision on Review. No later than sixty (60) days (forty-five (45) days with respect to a claim for benefits due to Executive being Permanently Disabled) following the receipt of the written application for review, the Claims Administrator or the Appeals Fiduciary, as applicable, shall submit its decision on the review in writing to the claimant involved and to his representative, if any, unless the Claims Administrator or Appeals Fiduciary determines that special circumstances (such as the need to hold a hearing) require an extension of time, to a day no later than one hundred twenty (120) days (ninety (90) days with respect to a claim for benefits due to Executive being Permanently Disabled) after the date of receipt of the written application for review. If the Claims Administrator or Appeals Fiduciary determines that the extension of time is required, the Claims Administrator or Appeals Fiduciary shall furnish to the claimant written notice of the extension before the expiration of the initial sixty (60) day (forty-five (45) days with respect to a claim for benefits due to Executive being Permanently Disabled) period. The extension notice shall indicate the special circumstances requiring an extension of time and the date by which the Claims Administrator or Appeals Fiduciary expects to render its decision on review. In the case of a decision adverse to the claimant, the Claims Administrator or Appeals Fiduciary shall provide to the claimant written notice of the denial. Any such notice of an adverse benefit determination shall be written in a manner calculated to be understood by the claimant (and with respect to a claim for benefits due to Executive being Permanently Disabled, be provided in a culturally and linguistically appropriate manner) and denial which shall include: (1) the specific reason or reasons for the adverse benefit determinationdecision; (2) specific references to the pertinent provisions of this Agreement on which the adverse benefit determination decision is based; (3) a statement that the claimant is entitled to receive, upon request and free of charge, reasonable access to, and copies of, all documents, records, and other information relevant to the claimant’s claim for benefits; (4) an explanation of this Agreement’s claim review procedures, and the time limits applicable to such procedures, including a statement of the claimant’s right to bring a civil an action under Section 502(a) of ERISA following the adverse benefit determination on denial of the claim upon review; (5) in the case of a claim for benefits due to Executive being Permanently Disabled, if an internal rule, guideline, protocol or other similar criterion is relied upon in making the adverse determination, either the specific rule, guideline, protocol or other similar criterion; or a statement regarding that such rule, guideline, protocol or other similar criterion was relied upon in making the availability decision and that a copy of such rule, guideline, protocol or other voluntary alternative dispute resolution optionssimilar criterion will be provided free of charge upon request; (6) in the case of a claim for benefits due to Executive being Permanently Disabled: (A) , if a description of any contractual limitations period that applies to the claimant’s right to bring a civil action under Section 502(a) of ERISA, including the calendar date on which the contractual limitations period expires for the claim; (B) a discussion denial of the decision, including an explanation of the basis for disagreeing with or not following: the views presented by the claimant to the Agreement of health care professionals treating the claimant and vocational professionals who evaluated the claimant, the views of medical or vocational professionals whose advice was obtained on behalf of the Agreement in connection with a claimant’s adverse benefit determination, without regard to whether the advice was relied upon in making the determination, and a disability determination regarding the claimant presented by the claimant to the Agreement made by the Social Security Administration; (C) if the adverse benefit determination claim is based on a medical necessity or experimental treatment or similar exclusion or limit, either an explanation of the scientific or clinical judgment for the determinationdenial, an explanation applying the terms of the this Agreement to the claimant’s medical circumstances, circumstances or a statement that such explanation will be provided free of charge upon request; and (D7) in the specific internal rulescase of a claim for benefits due to Executive being Permanently Disabled, guidelines, protocols, standards or other similar criteria of the Agreement relied upon in making the adverse determination, or a statement that such rules, guidelines, protocols, standards or regarding the availability of other similar criteria do not exist. The Claims Administrator has the discretionary authority to determine all interpretative issues arising under this Agreement and the interpretations of the Claims Administrator shall be final and binding upon Executive or any other party claiming benefits under this Agreementvoluntary alternative dispute resolution options.

Decision on Review. No later than sixty (60) days (forty-five (45) days with respect to a claim for benefits benefits. due to Executive being Permanently Disabledthe Executive's Disability) following the receipt of the written application for review, the Claims Plan Administrator or the Appeals Fiduciary, as applicable, shall submit its decision on the review in writing to the claimant involved and to his representative, if any, unless the Claims Plan Administrator or Appeals Fiduciary determines that special circumstances (such as the need to hold a hearing) require an extension of time, to a day no later than one hundred twenty (120) days (ninety (90) days with respect to a claim for benefits due to Executive being Permanently Disabledthe Executive's Disability) after the date of receipt of the written application for review. If the Claims Plan Administrator or Appeals Fiduciary determines that the extension of time is required, the Claims Plan Administrator or Appeals Fiduciary shall furnish to the claimant written notice of the extension before the expiration of the initial sixty (60) day (forty-five (45) days with respect to a claim for benefits due to Executive being Permanently Disabledthe Executive's Disability) period. The extension notice shall indicate the special circumstances requiring an extension of time and the date by which the Claims Plan Administrator or Appeals Fiduciary expects to render its decision on review. In the case of a decision adverse to the claimant, the Claims Plan Administrator or Appeals Fiduciary shall provide to the claimant written notice of the denial. Any such notice of an adverse benefit determination shall be written in a manner calculated to be understood by the claimant (and with respect to a claim for benefits due to Executive being Permanently Disabled, be provided in a culturally and linguistically appropriate manner) and denial which shall include: (1a) the specific reason or reasons for the adverse benefit determinationdecision; (2b) specific references to the pertinent provisions of this the Agreement on which the adverse benefit determination decision is based; (3c) a statement that the claimant is entitled to receive, upon request and free of charge, reasonable access to, and copies of, all documents, records, and other information relevant to the claimant’s 's claim for benefits; (4d) an explanation of the Agreement's claim review procedures, and the time limits applicable to such procedures, including a statement of the claimant’s 's right to bring a civil an action under Section 502(a) of ERISA following the adverse benefit determination on denial of the claim upon review; (5) a statement regarding the availability of other voluntary alternative dispute resolution options; (6e) in the case of a claim for benefits due to Executive being Permanently Disabled: (A) a description of any contractual limitations period that applies to the claimant’s right to bring a civil action under Section 502(a) of ERISAExecutive's Disability, including if an internal rule, guideline, protocol or other similar criterion is relied upon in making the calendar date on which the contractual limitations period expires for the claim; (B) a discussion of the decision, including an explanation of the basis for disagreeing with or not following: the views presented by the claimant to the Agreement of health care professionals treating the claimant and vocational professionals who evaluated the claimant, the views of medical or vocational professionals whose advice was obtained on behalf of the Agreement in connection with a claimant’s adverse benefit determination, without regard to whether either the advice specific rule, guideline, protocol or other similar criterion; or a statement that such ride, guideline, protocol or other similar criterion was relied upon in making the determinationdecision and that a copy of such rule, and a disability determination regarding the claimant presented by the claimant to the Agreement made by the Social Security Administrationguideline, protocol or other similar criterion Will be provided free of charge upon request; (Cf) in the case of a claim for benefits due to the Executive's Disability, if a denial of the adverse benefit determination claim is based on a medical necessity or experimental treatment or similar exclusion or limit, either an explanation of the scientific or clinical judgment for the determinationdenial, an explanation applying the terms of the Agreement to the claimant’s 's medical circumstances, circumstances or a statement that such explanation will be provided free of charge upon request; and (Dg) in the specific internal rulescase of a claim for benefits due to the Executive's Disability, guidelines, protocols, standards or other similar criteria of the Agreement relied upon in making the adverse determination, or a statement that such rules, guidelines, protocols, standards or regarding the availability of other similar criteria do not exist. The Claims Administrator has the discretionary authority to determine all interpretative issues arising under this Agreement and the interpretations of the Claims Administrator shall be final and binding upon Executive or any other party claiming benefits under this Agreementvoluntary alternative dispute resolution options.

Decision on Review. No Written notice of the decision on review shall be provided to the claimant within a reasonable period of time, but not later than sixty (60) days (forty-five (45) days with respect if the claim is due to a claim for benefits due to Executive being Permanently DisabledParticipant’s Disability) following the after receipt of a request for a review. An extension of time for making the written application for review, the Claims Administrator or the Appeals Fiduciary, as applicable, shall submit its decision on the request for review in writing to the claimant involved and to his representative, is allowable if any, unless the Claims Administrator or Appeals Fiduciary determines that special circumstances (shall occur, but such as the need to hold a hearing) require an extension of time, to a day no later than shall not extend beyond one hundred twenty (120) days (ninety (90) days with respect if the claim is due to a claim for benefits due to Executive being Permanently DisabledParticipant’s Disability) after from the date the request for review is received by the Company. Written notice of receipt of the written application for review. If the Claims Administrator or Appeals Fiduciary determines that the extension of time is required, the Claims Administrator shall be delivered or Appeals Fiduciary shall furnish to the claimant written notice of the extension before the expiration of the initial mailed within sixty (60) day days (forty-five (45) days with respect if the claim is due to a claim Participant’s Disability) after receipt of the request for benefits due to Executive being Permanently Disabled) period. The extension notice shall indicate review, indicating the special circumstances requiring an extension of time and the date by which the Claims Administrator or Appeals Fiduciary Company expects to render its a determination. Notwithstanding the preceding, if the Company (or the appropriate fiduciary designated by the Company), holds regularly scheduled meetings, at least quarterly, the provisions of this paragraph will apply with regard to the review of a denied claim. In such event, the decision upon review of a denied claim shall be made no later than the date of such meeting which immediately follows the receipt of a request for review, unless the request is filed within thirty (30) days preceding the date of such meeting. In such case, a benefit determination shall be made no later than the date of the second meeting following the receipt of the request for review. If special circumstances require a further extension of time for processing, a determination shall be rendered not later than the third meeting following the Company’s receipt of the request for review. If such an extension is required, the Company shall provide the claimant with written notice of the extension, describing the special circumstances and the date as of which the benefit determination will be made, prior to commencement of the extension. The Company shall notify the claimant of the benefit determination as soon as possible, but not later than five (5) days after the benefit determination is made. The provision of this paragraph shall not apply with regard to claims based on a Participant’s Disability, and the time limitations set forth in the preceding paragraph with regard to claims based on a Participant’s Disability shall apply to such claim in all events. The Company shall provide the claimant with written or electronic notification of the benefit determination upon review. In the case of a decision adverse to the claimant, the Claims Administrator or Appeals Fiduciary shall provide to the claimant written notice of the denial. Any such notice event of an adverse benefit determination on review, the notice thereof shall be written in a manner calculated to be understood by (a) specify the claimant (and with respect to a claim for benefits due to Executive being Permanently Disabled, be provided in a culturally and linguistically appropriate manner) and shall include: (1) the specific reason or reasons for the adverse benefit determination; ; (2b) reference the specific references to the pertinent provisions of this Agreement Plan on which the adverse benefit determination is based; ; and (3c) contain a statement that the claimant is entitled to receive, upon request and free of charge, reasonable access to, and copies of, of all documents, records, records and other information relevant “relevant” to the claimant’s claim for benefits; (4) a statement of the claimant’s right to bring a civil action under Section 502(a) of ERISA following the adverse benefit determination on review; (5) a statement regarding the availability of other voluntary alternative dispute resolution options; (6) in the case of a claim for benefits due to Executive being Permanently Disabled: (A) a description of any contractual limitations period that applies . For purposes hereof, documents, records and information shall be considered “relevant” to the claimant’s right to bring a civil action under Section 502(aclaim if it (a) of ERISA, including the calendar date on which the contractual limitations period expires for the claim; (B) a discussion of the decision, including an explanation of the basis for disagreeing with or not following: the views presented by the claimant to the Agreement of health care professionals treating the claimant and vocational professionals who evaluated the claimant, the views of medical or vocational professionals whose advice was obtained on behalf of the Agreement in connection with a claimant’s adverse benefit determination, without regard to whether the advice was relied upon in making the benefit determination, and a disability determination regarding (b) was submitted, considered, or generated in the claimant presented by course of making the claimant to the Agreement made by the Social Security Administration; (C) if the adverse benefit determination is based on a medical necessity or experimental treatment or similar exclusion or limit, either an explanation of the scientific or clinical judgment for the determination, applying the terms of the Agreement to the claimant’s medical circumstances, whether or a statement that such explanation will be provided free of charge upon request; and (D) the specific internal rules, guidelines, protocols, standards or other similar criteria of the Agreement not actually relied upon in making the adverse determination, ; or a statement that such rules, guidelines, protocols, standards or other similar criteria do not exist. The Claims Administrator has (c) demonstrates compliance with the discretionary authority to determine all interpretative issues arising under administrative processes and safeguards of this Agreement and the interpretations of the Claims Administrator shall be final and binding upon Executive or any other party claiming benefits under this Agreementclaims procedure.