Delta Airlines 2011 Annual Report Download - page 129

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the D&S Plan. Provided however, the amount of Restoration Long Term Disability Benefits payable under this Restoration Plan shall
be based only upon the amount of Company paid benefits (i.e. long term disability benefits determined at the 50% level) and shall not
include any employee paid long term disability “buy up” to the 60% level. A Plan Participant's Restoration Long Term Disability
Benefits shall be paid monthly and begin on the date long term disability benefits begin under the D&S Plan and cease when the Plan
Participant is no longer eligible for long term disability benefits from the D&S Plan, or if the Restriction no longer applies such that
the entire long term disability benefit can be paid from the D&S Plan. Any decision of the D&S Plan administrators regarding
continued eligibility for long term disability benefits under the D&S Plan shall be binding on this Restoration Plan.
Section 2.3. Source of Payment. The benefits provided under this Restoration Plan shall be paid, to the extent they become due, from
the Company's general assets or by such other means as the Company deems advisable. To the extent a Plan Participant acquires the
right to receive payments under this Restoration Plan, such right shall be no greater than that of a general creditor of the Company.
Article 3
Administration
Section 3.1. Plan Administration. The Company, acting through its Vice President - Global HR Services and Labor Relations (or, if
from time to time no such position exists, then acting through its highest ranking officer who is primarily responsible for the
Company's employee benefit programs) shall have the full power and authority to administer this Restoration Plan. The Company, its
agents and employees shall not be liable to any person for any action taken or omitted in connection with the administration of this
Restoration Plan. Any application for long term disability benefits under the D&S Plan by a Plan Participant shall also be deemed to
be an application for Restoration Long Term Disability Benefits, and no separate application shall be required. Any employee who
believes he is a Plan Participant who does not receive Restoration Long Term Disability Benefits may file a claim for such benefits
with the Company; however such claim must be filed within 60 days after long term disability benefits are first paid under the D&S
Plan. Any adverse determination to such a claim for benefits under this Restoration Plan shall be made, and the Plan Participant
notified of such adverse determination, with 45 days of submission of his claim for benefits hereunder, subject to extensions allowed
under applicable claim regulations.
Section 3.2. Appeals. To be eligible for benefits under this Restoration Plan, a Plan Participant must be receiving long term disability
benefits under the D&S Plan, and any appeal regarding the Plan Participant's initial or continued eligibility for, or receipt of, such
benefits shall be determined solely under the appeal procedures contained in the D&S Plan. The results of any such appeal shall be
determinative of the same issues with respect to this Restoration Plan. Any appeal regarding Restoration Long Term Disability
Benefits under this Restoration Plan, including, but not limited to, eligibility to participate in the Restoration Plan or the amount of
Restoration Long Term Disability Benefits, shall be commenced separate and apart from any appeal under the D&S Plan. Any Plan
Participant who is denied benefits under this Restoration Plan or believes the amount of such benefits is incorrect and wishes to appeal
such denial or determination must request in writing a review of the denial or determination by the Administrative Committee of Delta
Air Lines, Inc. within 180 days of receiving written notice of the denial. If no request for review is received by the Administrative
Committee within 180 days of the receipt of the written denial, the denial shall be final and binding upon the Company and the Plan
Participant. All appeals for benefits under this Restoration Plan, including the time limits for such appeal, required notices and other
appeal procedures shall be consistent with any applicable claims review regulations promulgated under Section 503 of ERISA.
2