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. 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 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 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. 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. If the Employee (or the Employee's wife if she survives the death of the Employee) believes that he or she is entitled to a benefit under the Agreement which he or she has not received because the Committee (as defined in Article X, section C) has denied the benefit in whole or in part, he or she may file with the Committee a written claim specifying the basis of his or her complaint and the facts upon which he or she relies in making such claim. Such claim must be signed by the claimant or his or her authorized representative and shall be deemed filed when received by the Committee. Unless such claim is allowed in total by the Committee, the Committee shall respond in writing to the claimant advising him or her of the total or partial denial of his or her claim. Such notice shall include:
(1) The reasons for denial of the claim;
(2) Reference to the provisions of this 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 receipt of such notice of denial, the claimant can appeal such denial by filing with a special review committee appointed by the Committee his or her written request for the review of said claim. A special review committee shall consist of no less than three (3) disinterested parties to the claimant who are not part of the Committee. If an appeal is so filed within a 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 this Agreement. Such a decision shall state the reason for the decision as well as references to the pertinent provisions of this Agreement on which the decision is based. During the full review, the claimant shall be given the opportunity to review documents that are pertinent to his or her claim and to submit issues and comments in writing to the special review committee, or, if he or she requests a hearing to present his or her case in person or by an authorized representative at a hearing scheduled by the special review committee. In the event the claimant requests a hearing, the time period for the special review committee to render a decision...
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.
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 determination of benefits, claims procedures, and plan administration shall be as follows:
(a) Claim. A person who believes that he/she is being denied a benefit to which he/she is entitled under this agreement (hereinafter called a "Claimant") may file a written request for such benefit with the Company, setting forth his/[her claim. The request must be addressed to the President or Managing Member of the Company at its then principal place of business.
(b) Claim Decision. Upon receipt of a claim, the Company shall advise the Claimant that a reply will be forthcoming within sixty (60) days [which may be extended for an additional thirty (30) days for reasonable cause]. If the claim is denied in whole or in part, the Company shall adopt a written opinion, using language calculated to be understood by the Claimant, setting forth:
(i) The specific reason or reasons for such denial;
(ii) The specific reference to pertinent provisions of this agreement upon which such denial is based;
(iii) A description of any additional material or information necessary for the Claimant to perfect his/[her claim and an explanation why 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 such a review.
