EMC 2006 Annual Report Download - page 125

The Administrator may, in its sole discretion amend or revise this Section 7.2, provided, that the claims procedure for the Plan pursuant to which
persons may claim an interest in the Plan and appeal denials of such claims, as amended or changed, shall meet the minimum standards of Section 503
of ERISA.
7.3. Claims and Review Procedure for Disability Claims.
(a) In general. If any person believes he or she has been denied any rights or benefits due on Disability 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 45 days after the claim is received by the Administrator. This time period may be extended twice by 30
days if the Administrator both determines that such an extension is necessary due to matters beyond the control of the Plan and notifies such person of
the circumstances requiring the extension of time and the date by which the Administrator expects to render a decision. If such an extension is
necessary due to such person's failure to submit the information necessary to decide the claim, the notice of extension will specifically describe the
required information and such person will be afforded at least 45 days within which to provide the specified information. If such person delivers the
requested information within the time specified, any 30 day extension period will begin after such person has provided that information. If such person
fails to deliver the requested information within the time specified, the Administrator may decide such person's claim without that information.
Notwithstanding the foregoing, if such notification is not given within such 45 or an extended 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 180 days after the date on which a person receives a written notice of a denied claim (or, if applicable, within 180 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 45 days after the request for review is received by the Administrator (or within 90 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 45 day period). If an extension is necessary due to such person's failure to submit the
information necessary to decide the appeal, the notice of extension will specifically describe the required information and such person will be afforded
at least 45 days to provide the specified information. If such person delivers the requested
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