Abercrombie & Fitch 2008 Annual Report Download - page 143
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(i) the specific reason or reasons for the denial;
(ii) specific reference to pertinent Plan provisions upon which the denial is 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; and
(iv) an explanation of the Plan’s claims review procedure describing the steps to be taken by a claimant who wishes to submit
his or her claims for review and the time limits applicable to such procedures.
C. Review Procedure. A claimant or his or her authorized representative may, with respect to any denied claim:
(i) request a review upon a written application filed within sixty (60) days after receipt by the claimant of written notice of the
denial of his or her claim;
(ii) review pertinent documents; and
(iii) submit issues and comments in writing.
Any request or submission will be in writing and will be directed to the Plan Administrator (or his or her designee). The Plan
Administrator (or his or her designee) will have the sole responsibility for the review of any denied claim and will take all steps
appropriate in the light of the Plan Administrator’s findings.
D. Decision on Review. The Plan Administrator (or his or her designee) will render a decision upon review within sixty (60) days
after receipt of the claimant’s request for review, unless special circumstances (such as the need to hold a hearing on any matter
pertaining to the denied claim) warrant additional time, in which case the decision will be rendered as soon as possible, but not later
than one hundred twenty (120) days after receipt of the request for review. Written notice of any such extension will be furnished to
the claimant prior to the commencement of the extension. The decision on review will be in writing and will include specific reasons
for the decision, written in a manner calculated to be understood by the claimant, as well as specific references to the pertinent
provisions of the Plan on which the decision is based. If the decision on review is not furnished to the claimant within the time limits
prescribed above, the claim will be deemed denied on review.
Section 9. UNSECURED AND UNFUNDED OBLIGATION — Notwithstanding any provision herein to the contrary, the benefits
offered under the Plan shall constitute an unfunded, unsecured promise by the Company to pay benefits determined hereunder which
are accrued by Participants while such Participants are Directors. No provision shall at any time be made with respect to segregating
any assets of the Company for payment of any benefits hereunder, except to the extent that the Company, in its discretion, establishes
a Trust for such purpose. To the extent any
8
Source: ABERCROMBIE & FITCH CO /DE/, 10-K, March 27, 2009 Powered by Morningstar® Document Research℠