Delta Airlines 2008 Annual Report Download - page 146

Download and view the complete annual report

Please find page 146 of the 2008 Delta Airlines annual report below. You can navigate through the pages in the report by either clicking on the pages listed below, or by using the keyword search tool below to find specific information within the annual report.

Page out of 208

  • 1
  • 2
  • 3
  • 4
  • 5
  • 6
  • 7
  • 8
  • 9
  • 10
  • 11
  • 12
  • 13
  • 14
  • 15
  • 16
  • 17
  • 18
  • 19
  • 20
  • 21
  • 22
  • 23
  • 24
  • 25
  • 26
  • 27
  • 28
  • 29
  • 30
  • 31
  • 32
  • 33
  • 34
  • 35
  • 36
  • 37
  • 38
  • 39
  • 40
  • 41
  • 42
  • 43
  • 44
  • 45
  • 46
  • 47
  • 48
  • 49
  • 50
  • 51
  • 52
  • 53
  • 54
  • 55
  • 56
  • 57
  • 58
  • 59
  • 60
  • 61
  • 62
  • 63
  • 64
  • 65
  • 66
  • 67
  • 68
  • 69
  • 70
  • 71
  • 72
  • 73
  • 74
  • 75
  • 76
  • 77
  • 78
  • 79
  • 80
  • 81
  • 82
  • 83
  • 84
  • 85
  • 86
  • 87
  • 88
  • 89
  • 90
  • 91
  • 92
  • 93
  • 94
  • 95
  • 96
  • 97
  • 98
  • 99
  • 100
  • 101
  • 102
  • 103
  • 104
  • 105
  • 106
  • 107
  • 108
  • 109
  • 110
  • 111
  • 112
  • 113
  • 114
  • 115
  • 116
  • 117
  • 118
  • 119
  • 120
  • 121
  • 122
  • 123
  • 124
  • 125
  • 126
  • 127
  • 128
  • 129
  • 130
  • 131
  • 132
  • 133
  • 134
  • 135
  • 136
  • 137
  • 138
  • 139
  • 140
  • 141
  • 142
  • 143
  • 144
  • 145
  • 146
  • 147
  • 148
  • 149
  • 150
  • 151
  • 152
  • 153
  • 154
  • 155
  • 156
  • 157
  • 158
  • 159
  • 160
  • 161
  • 162
  • 163
  • 164
  • 165
  • 166
  • 167
  • 168
  • 169
  • 170
  • 171
  • 172
  • 173
  • 174
  • 175
  • 176
  • 177
  • 178
  • 179
  • 180
  • 181
  • 182
  • 183
  • 184
  • 185
  • 186
  • 187
  • 188
  • 189
  • 190
  • 191
  • 192
  • 193
  • 194
  • 195
  • 196
  • 197
  • 198
  • 199
  • 200
  • 201
  • 202
  • 203
  • 204
  • 205
  • 206
  • 207
  • 208

6. PLAN CLAIMS AND APPEALS
Any Participant who upon the termination of his employment does not receive the benefits under the 2009 Plan to which he believes he is entitled may file a
claim for such benefits in writing to the Vice President – Compensation, Benefits and Services of the Company (or such other officer as may be designated by
the Company). Such claim must be received by the Vice President – Compensation, Benefits and Services within 60 days of the Participant's termination of
employment. If the claim is denied, the Vice President – Compensation, Benefits and Services will send written notification of the denial within 90 days after
the claim is properly and completely filed. Special circumstances may require an additional period of no more than 90 days. In that event, the Participant will
be sent a written notice of the special circumstances requiring the extension and the date when a decision on the claim can be expected. If the claim is denied,
the Participant will be so advised and informed of the reason, the provisions of the 2009 Plan upon which the denial was based, and, if applicable, an
explanation of other relevant material or information necessary to perfect the claim. If the claim is denied or if the Participant is not furnished with written
notification of the decision on the claim within 90 days (or within 180 days if an extension is necessary) after the claim is properly and completely filed, the
Participant or his authorized representative may request a review of the claim under the appeal procedures described below.
If a Participant is dissatisfied with a denial of a claim under the 2009 Plan, the Participant must appeal the denial in writing before pursuing any other remedy.
All appeals must be addressed to the proper party in a timely manner. All appeal time deadlines will be strictly enforced.
If a Participant desires a review of a denial, the Participant or his representative designated in writing must submit a written request to the Plan Administrator
that is received by the Plan Administrator within 90 days of the date of the letter denying benefits. The date of the denial indicated on the denial letter counts
as day one in determining this 90-day period and the Plan Administrator expressly reserves the right to refuse to consider tardy appeals.
The Plan Administrator will notify the Participant or his designated representative in writing of the decision on review within 60 days after the Plan
Administrator receives the review request. If the claim denial is upheld, the Participant will be so advised and informed of the reason and the provisions of the
2009 Plan document upon which the denial was based. The Plan Administrator may take an additional 60 days to inform the Participant of a decision if
special circumstances require an extension of processing time and the Plan Administrator has notified the Participant in writing that there will be a delay, the
reasons for needing more time, and the date by which the final decision will be made.
Review by the Plan Administrator is made only upon the written record. The Participant or his representative designated in writing may review pertinent
documents relating to the denial and may submit comments, a statement of issues, and/or additional documentary evidence if desired. Personal appearances
are not permitted.
9