EMC 2006 Annual Report Download - page 124

under the Plan. The Administrator shall have the exclusive discretionary power to interpret the Plan and to decide all matters under the Plan. The
Administrator also shall have the exclusive discretionary power to adopt, amend and rescind rules and guidelines for the administration of the Plan and for its
own acts and proceedings. Such interpretation and decision shall be final, conclusive and binding on all Participants and any person claiming under or through
any Participant, in the absence of clear and convincing evidence that the Administrator acted arbitrarily and capriciously. Any individual serving as
Administrator, or on a committee acting as Administrator, who is a Participant, shall not vote or act on any matter relating solely to himself or herself. When
making a determination or calculation, the Administrator shall be entitled to conclusively rely on information furnished by a Participant, a beneficiary, or any
other person or entity. The Administrator shall be deemed to be the Plan administrator with responsibility for complying with any reporting and disclosure
requirements of ERISA.
The Administrator may employ such counsel, agents and advisers, and obtain such administrative, clerical and other services, as it may deem necessary
or appropriate in carrying out the provisions of the Plan and its duties hereunder.
7.2. Claims Procedure.
(a) In general. If any person believes he or she has been denied any rights or benefits under the Plan, such person may file a claim in writing
with the Administrator. If any such claim is wholly or partially denied, the Administrator will notify such person of its decision in writing. Such
notification will be given within 90 days after the claim is received by the Administrator (or within 180 days, if special circumstances require an
extension of time for processing the claim, and if written notice of such extension and circumstances is given to such person within the initial 90 day
period). Notwithstanding the foregoing, if such notification is not given within such 90 or 180 day period, the claim will be considered denied as of the
last day of such period and such person may request a review of his or her claim in accordance with Section 7.2(b).
(b) Appeals. Within 60 days after the date on which a person receives a written notice of a denied claim (or, if applicable, within 60 days after
the date on which such denial is considered to have occurred) such person (or his or her duly authorized representative) may file a written request with
the Administrator for a review of his or her denied claim. The Administrator will notify such person of its decision on review in writing. The decision
on review will be made within 60 days after the request for review is received by the Administrator (or within 120 days, if special circumstances require
an extension of time for processing the request, such as an election by the Administrator to hold a hearing, and if written notice of such extension and
circumstances is given to such person within the initial 60 day period). Notwithstanding the foregoing, if the decision on review is not made within such
60 or 120 day period, the claim will be considered denied.
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