DETERMINATION OF BENEFITS, CLAIMS PROCEDURE AND ADMINISTRATION. The Corporation is hereby designated as the named fiduciary under this Agreement. The named fiduciary shall have authority to control and manage the operation and administration of this Agreement, and it shall be responsible for establishing and carrying out a funding policy and method consistent with the objectives of this Agreement. The Corporation may allocate to others certain aspects of the management and operational responsibilities of this Agreement, including by the employment of advisors and the delegation of any ministerial duties to qualified individuals.
DETERMINATION OF BENEFITS, CLAIMS PROCEDURE AND ADMINISTRATION. Subject to the terms and provisions of this Agreement, the Executive Committee (excluding the Director if he is a member of the Executive Committee) shall have the discretion to make all benefit entitlement determinations under this Agreement. All of the following references to the Director in this Section 5 shall be deemed to include the Director or his duly authorized representative.
DETERMINATION OF BENEFITS, CLAIMS PROCEDURE AND ADMINISTRATION a. The Corporation is hereby designated as the named fiduciary under this Agreement. The Corporation, as the named fiduciary, shall have authority to control and manage the operation and administration of this Agreement, and it shall be responsible for establishing and carrying out a funding policy and method consistent with the objectives of this Agreement.
b. Any person who believes that he or she is being denied a benefit to which he or she is entitled under this Agreement (hereinafter referred to as "the Claimant") may file a written notice with the Corporation setting forth his or her claim (hereinafter referred to as "the Claim").
c. Upon the receipt of the Claim, the Corporation shall advise the Claimant that a reply (hereinafter referred to as "the Reply") will be forthcoming within ninety (90) days after said receipt and shall, in fact, deliver the Reply within such period. The Corporation may, however, extend the aforesaid period for an additional thirty (30) days for reasonable cause.
d. If the Claim is denied in whole or in part, the Corporation shall forward to the Claimant the Reply, which shall contain the following information: (i) the specific reason or reasons for such denial; (ii) the specific reference to pertinent provisions of this Agreement on which such denial is based; (iii) a description of any additional material or information necessary for the Claimant to perfect the Claim and an explanation why such material or such information is necessary; (iv) appropriate information as to the steps to be taken if the Claimant wishes to submit the Claim for review; and (v) the time limits for requesting a review in accordance with Section 12.e.
DETERMINATION OF BENEFITS, CLAIMS PROCEDURE AND ADMINISTRATION. The parties hereto acknowledge and intend that this Agreement shall constitute a welfare benefit plan for purposes of the Employee Retirement Income Security Act of 1974 as amended. The Corporation is hereby designated as the named fiduciary under this Agreement. The named fiduciary shall have authority to control and manage the administration of this Agreement.
DETERMINATION OF BENEFITS, CLAIMS PROCEDURE AND ADMINISTRATION. The Compensation Committee is hereby designated as the named fiduciary under this Agreement. The named fiduciary shall have authority to control and manage the operation and administration of this Agreement, and it shall be responsible for establishing and carrying out a funding policy and method consistent with the objectives of this Agreement.
DETERMINATION OF BENEFITS, CLAIMS PROCEDURE AND ADMINISTRATION. (a) The Corporation is hereby designated as the named fiduciary under the Agreement. The named fiduciary shall have authority to control and manage the operation and administration of the Agreement, and it shall be responsible for establishing and carrying out a funding policy and method consistent with the objectives of the Agreement.
(b) If the Trustee, the Employee or his Spouse (collectively and/or individually the "Claimant") believes that he or she or it is entitled to a benefit under the Agreement which he or she or it has not received because the Corporation has denied the benefit in whole or in part, the Claimant may file with the Corporation a written claim specifying the basis of his or her or its complaint and the facts upon which he or she or it relies in making such claim. Such claim must be witnessed by the Claimant or his or her or its authorized representative and shall be deemed filed when received by the Corporation. Unless such claim is allowed in total by the Corporation, the Corporation shall respond in writing to the Claimant advising him or her or it of the total or partial denial of his or her or its claim within a reasonable amount of time but not later than ninety (90) days after receipt of the claim and shall deliver such reply within such period. The Corporation may, however, extend the reply period for an additional ninety (90) days for reasonable cause. Such notice shall include:
(1) The reasons for denial of claim;
(2) Reference to the provisions of the Agreement upon which the denial of the claim was based;
(3) A description of any additional material or information necessary for the Claimant to perfect the claim and an explanation of why such material and information is necessary; and
(4) An explanation of the review procedure. Within six (6) months after the mailing of such notice of denial, the Claimant may appeal such denial by filing with a special review committee appointed by the Corporation his or her or its written request for review of said claim. A special review committee shall consist of no less than three (3) persons who are disinterested as to the claimant. If an appeal is so filed within the six (6) month period, the special review committee shall conduct a full and fair review of such claim and mail to the Claimant not later than sixty (60) days after receipt of a request for review a written decision of the matter based upon the facts and pertinent provisions of the Agreement. Such decision shall state the...
DETERMINATION OF BENEFITS, CLAIMS PROCEDURE AND ADMINISTRATION. The Bank is hereby designated as the named fiduciary under this Agreement. The named fiduciary shall have authority to control and manage the operation and administration of this Agreement, and it shall be responsible for establishing and carrying out a funding policy and method consistent with the objectives of this Agreement.
DETERMINATION OF BENEFITS, CLAIMS PROCEDURE AND ADMINISTRATION a. The Corporation is hereby designated as the named fiduciary under this Agreement. The named fiduciary shall have authority to control and manage the operation and administration of this Agreement, and it shall be responsible for establishing and carrying out a funding policy and method consistent with the objectives of this Agreement.
b. As a participant in the Plan you are guaranteed certain rights and protection under the Employee Retirement Income Security Act of 1974. ERISA provides that all Plan participants shall be entitled to:
(1) Examine, without charge, at the principal place of business of the Corporation, all documents filed by the Plan with the U.S. Department of Labor, such as annual reports and Plan descriptions;
(2) Obtain copies of all non-confidential Plan documents and other Plan information upon written request to the Corporation. The Corporation may make a reasonable charge for the copies; and
(3) File suit in a federal court if any materials requested are not received within 30 days of your written request, unless the materials were not sent due to matters beyond the control of the Corporation. The court may require the Corporation to pay up to $100 a day until the materials are received.
c. In addition to creating rights for Plan participants, ERISA also imposes obligations upon the persons responsible for the operation of the employee benefit plan. These persons are referred to as "fiduciaries" in the law. Fiduciaries must act solely in the interest of the Plan participants, and they must exercise prudence in the performance of their Plan duties. Fiduciaries who violate ERISA may be removed and required to make good any losses they have caused this Plan or the Corporation.
d. If your claim for a benefit is denied in whole or in part, you must receive a written explanation of the reason for the denial. You have the right to have the Plan review and reconsider your claim. Under ERISA, there are steps you can take to enforce the above rights.
e. Your employer may not fire or discriminate against you to prevent you from obtaining a benefit or exercising your rights under ERISA.
f. If you have a claim for benefits which is denied or ignored, in whole or in part, you may file suit in a state or federal court. If the Corporation misuses the Plan's money, or if you are discriminated against for asserting your rights, you may seek assistance from the U.S. Department of Labor or file suit in a federal court. The court will decide who shoul...
DETERMINATION OF BENEFITS, CLAIMS PROCEDURE AND ADMINISTRATION a. TALX is hereby designated as the named fiduciary under this Agreement. The named fiduciary shall have authority to control and manage the operation and administration of this Agreement, and it shall be responsible for establishing and carrying out a funding policy and method consistent with the objectives of this Agreement.
DETERMINATION OF BENEFITS, CLAIMS PROCEDURE AND ADMINISTRATION. The Company is hereby designated as the named fiduciary under this Agreement. The named fiduciary shall have authority to control and manage the operation and administration of this Agreement, and it shall be responsible for establishing and carrying out a funding policy and method consistent with the objectives of this Agreement. b.
