Pension Plan Summary Plan Description
14.3 Appeal of Claim Denial
Your written appeal must state the specific reasons the denial of the claim was in error. You may submit supporting documents or records, and you have the right to representation throughout the review procedure. The review normally will be held, and a decision rendered by the Board, by the next regularly scheduled Trust meeting, unless the appeal is received within 30 days of such meeting or special circumstances exist requiring additional time. If the notice of appeal was received within 30 days prior to the next quarterly meeting, the Board may consider the appeal at the second regular quarterly meeting following the receipt of the notice of appeal. If special circumstances exist regarding a benefit claim, the Board of trustees may extend the time, to the next regularly scheduled meeting, to review the claim, provided that you or your representative are given a notice describing the special circumstances before the expiration of the original review period. You may request, or you may be requested by the Board, to appear at a hearing on your appeal. The Board has the sole discretion, however, to decide whether to hold a hearing and whether to invite you to a meeting.
The Board has full authority and discretion to construe, interpret and apply all provisions of the Plan and to determine all questions that may arise hereunder, including all questions relating to your eligibility to participate in the Plan, the amount of any benefit to which you or any Alternate Payee, Beneficiary or spouse may become entitled hereunder, and to determine all appeals subsequent to any determination upon application for benefits. Specifically, the Board has full and complete authority and discretion to make any determinations or findings of facts regarding any claims and appeals of any benefit determinations.
The decision on review will be in writing and, if your appeal is denied, will include a specific reason for the denial and, if applicable, may indicate if additional information might help your claim or appeal. Upon exhausting these procedures, if you are still not satisfied, you may file a lawsuit in federal court. No legal action may be commenced or maintained against the Plan, Trust, Board of Trustees, individual Trustees, or other persons or entities involved with the decision on appeal more than two years after the Board's decision on the appeal.
In connection with an appeal, you may review pertinent documents in the Plan Office after making appropriate arrangements or you may request that documents be provided to you. The Plan may charge you $.25 per page to copy documents for you, which must be paid in advance.