Common use of Notification of Decision Clause in Contracts

Notification of Decision. The Corporation shall consider a Claimant's claim within a reasonable time, but no later than ninety (90) days after receiving the claim. If the Corporation determines that special circumstances require an extension of time for processing the claim, written notice of the extension shall be furnished to the Claimant prior to the termination of the initial ninety (90) day period. In no event shall such extension exceed a period of ninety (90) days 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 Corporation expects to render the benefit determination. The Corporation shall notify the Claimant in writing: (a) that the Claimant's requested determination has been made, and that the claim has been allowed in full; or (b) that the Corporation has reached a conclusion contrary, in whole or in part, to the Claimant's requested determination, and such notice must set forth in a manner calculated to be understood by the Claimant: (i) the specific reason(s) for the denial of the claim, or any part of it; (ii) specific reference(s) to pertinent provisions of this Appendix A upon which such denial was based; (iii) a description of any additional material or information necessary for the Claimant to perfect the claim, and an explanation of why such material or information is necessary; (iv) an explanation of the claim review procedure set forth in Section 13.3 below; and (v) a statement of the Claimant's right to bring a civil action under ERISA Section 502(a) following an adverse benefit determination on review.

Appears in 7 contracts

Samples: Employment Agreement (MKS Instruments Inc), Employment Agreement (MKS Instruments Inc), Employment Agreement (MKS Instruments Inc)

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Notification of Decision. The Corporation Committee shall consider a Claimant's ’s claim pursuant to Section 9.1 within a reasonable time, but no later than ninety (90) days after receiving the claim. If the Corporation Committee determines that special circumstances require an extension of time for processing the claim, written notice of the extension shall be furnished to the Claimant prior to the termination of the initial ninety (90) day period. In no event shall such extension exceed a period of ninety (90) days 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 Corporation Committee expects to render the benefit determination. The Corporation Committee shall notify the Claimant in writing: (a) that the Claimant's ’s requested determination has been made, and that the claim has been allowed in full; or (b) that the Corporation Committee has reached a conclusion contrary, in whole or in part, to the Claimant's ’s requested determination, and such notice must set forth in a manner calculated to be understood by the Claimant: (i) the specific reason(s) for the denial of the claim, or any part of it; (ii) specific reference(s) to pertinent provisions of this Appendix A Agreement upon which such denial was based; (iii) a description of any additional material or information necessary for the Claimant to perfect the claim, and an explanation of why such material or information is necessary; (iv) an explanation 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 (as defined in applicable ERISA regulations) to the Claimant’s claim review procedure set forth in Section 13.3 belowfor benefits; and (v) a statement of the Claimant's ’s right to bring a civil action under ERISA seek arbitration pursuant to Section 502(a) following an adverse benefit determination on review9.4.

Appears in 7 contracts

Samples: Severance Agreement (Northrop Grumman Corp /De/), Change in Control Severance Agreement (Power One Inc), Employment Agreement (Power One Inc)

Notification of Decision. The Corporation Committee shall consider a Claimant's claim within a reasonable time, but no later than ninety (90) days after receiving the claim. If the Corporation Committee determines that special circumstances require an extension of time for processing the claim, written notice of the extension shall be furnished to the Claimant prior to the termination of the initial ninety (90) day period. In no event shall such extension exceed a period of ninety (90) days 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 Corporation Committee expects to render the benefit determination. The Corporation Committee shall notify the Claimant in writing: (a) that the Claimant's requested determination has been made, and that the claim has been allowed in full; or (b) that the Corporation Committee has reached a conclusion contrary, in whole or in part, to the Claimant's requested determination, and such notice must set forth in a manner calculated to be understood by the Claimant: (i) the specific reason(s) for the denial of the claim, or any part of it; (ii) specific reference(s) to pertinent provisions of this Appendix A the Agreement upon which such denial was based; (iii) a description of any additional material or information necessary for the Claimant to perfect the claim, and an explanation of why such material or information is necessary; (iv) an explanation of the claim review procedure set forth in Section 13.3 7.3 below; and (v) a statement of the Claimant's right to bring a civil action under ERISA Section 502(a) following an adverse benefit determination on review.

Appears in 1 contract

Samples: Employment Agreement (Ryland Group Inc)

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Notification of Decision. The Corporation Committee shall consider a Claimant's ’s claim pursuant to Section 8.1 within a reasonable time, but no later than ninety (90) days after receiving the claim. If the Corporation Committee determines that special circumstances require an extension of time for processing the claim, written notice of the extension shall be furnished to the Claimant prior to the termination of the initial ninety (90) day period. In no event shall such extension exceed a period of ninety (90) days 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 Corporation Committee expects to render the benefit determination. The Corporation Committee shall notify the Claimant in writing: (a) that the Claimant's ’s requested determination has been made, and that the claim has been allowed in full; or (b) that the Corporation Committee has reached a conclusion contrary, in whole or in part, to the Claimant's ’s requested determination, and such notice must set forth in a manner calculated to be understood by the Claimant: (i) the specific reason(s) for the denial of the claim, or any part of it; (ii) specific reference(s) to pertinent provisions of this Appendix A Agreement upon which such denial was based; (iii) a description of any additional material or information necessary for the Claimant to perfect the claim, and an explanation of why such material or information is necessary; (iv) an explanation 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 (as defined in applicable ERISA regulations) to the Claimant’s claim review procedure set forth in Section 13.3 belowfor benefits; and (v) a statement of the Claimant's ’s right to bring a civil action under ERISA seek arbitration pursuant to Section 502(a) following an adverse benefit determination on review8.4.

Appears in 1 contract

Samples: Change in Control Severance Agreement (Diagnostic Products Corp)

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