Retirement Savings Plan Summary Plan Description
9.1 General Rules for Initial Claim and Appeal
If your claim for a benefit is denied in whole or in part, you will receive a written explanation including the specific reasons for the denial, and may specify additional information that might support your claim. Within 60 days of the denial of your claim (45 days, in the case of a disability claim), you may appeal the denial by asking, in writing, the Board to review and reconsider your claim. 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 Board ordinarily will consider your appeal at the next regularly scheduled Trust meeting. However, if your appeal is received within 30 days of the next Trust meeting (45 days, in the case of a disability claim), or special circumstances exist, your appeal may be considered at the second following quarterly meeting. In those cases, you or your representative will be provided notice of the special circumstances and an approximate time that you can expect a decision on your appeal. 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 any meeting.
The Board has full and complete authority and discretion to construe, interpret and apply all provisions of the Plan and determine all questions that may arise under the Plan, including all questions relating to your eligibility, the amount of any benefit payments, and to determine all appeals. The Board has full and complete authority and discretion to make any determinations or findings of fact regarding any claim and appeal of any benefit determination. In connection with your appeal, you may review pertinent documents in the Plan Office after making appropriate arrangements or you may request that copies of documents be provided to you. The Plan may impose on you a reasonable charge to copy documents.
The decision on your appeal will be in writing and, if your appeal is denied, will include a specific reason for the denial. Upon completion of these procedures, if you still believe that you should be paid benefits, you may file a lawsuit in court. You should not file a lawsuit until, as explained above, you have made your claim for benefits, your claim has been denied, you have appealed the denial and submitted all information that you believe supports your claim, and the Board has denied your appeal. Once this entire procedure has been completed, you have two years to file a claim for benefits in court. The court will ordinarily rely heavily on the administrative record that was produced under these claims procedures, so it is very important that you present all the information that is helpful to your claim to the Board as it considers your claim and any appeal.