GNC 2011 Annual Report Download - page 191

eligibility for benefits payable under the Plan. All interpretations of the Committee with respect to any matter hereunder shall be final,
conclusive and binding on all persons affected thereby. No member of the Committee or agent thereof shall be liable for any
determination, decision, or action made in good faith with respect to the Plan. The Company will indemnify and hold harmless the
members of the Committee and its agents from and against any and all liabilities, costs, and expenses incurred by such persons as a
result of any act, or omission, in connection with the performance of such persons' duties, responsibilities, and obligations under the
Plan, other than such liabilities, costs, and expenses as may result from the bad faith, willful misconduct, or criminal acts of such
persons.
8.2 Claims Procedure. Any Participant, former Participant or Beneficiary may file a written claim with the Committee
setting forth the nature of the benefit claimed, the amount thereof, and the basis for claiming entitlement to such benefit. The
Committee shall determine the validity of the claim and communicate a decision to the claimant promptly and, in any event, not later
than ninety (90) days after the date of the claim. The claim may be deemed by the claimant to have been denied for purposes of
further review described below in the event a decision is not furnished to the claimant within such ninety (90) day period. If
additional information is necessary to make a determination on a claim, the claimant shall be advised of the need for such additional
information within forty-five (45) days after the date of the claim. The claimant shall have up to one hundred eighty (180) days to
supplement the claim information, and the claimant shall be advised of the decision on the claim within forty-five (45) days after the
earlier of the date the supplemental information is supplied or the end of the one hundred eighty (180) day period. Every claim for
benefits which is denied shall be denied by written notice setting forth in a manner calculated to be understood by the claimant (i) the
specific reason or reasons for the denial, (ii) specific reference to any provisions of the Plan (including any internal rules, guidelines,
protocols, criteria, etc.) on which the denial is based, (iii) description of any additional material or information that is necessary to
process the claim, and (iv) an explanation of the procedure for further reviewing the denial of the claim and shall include an
explanation of the claimant's right to pursue legal action in the event of an adverse determination on review.
8.3 Review Procedures. Within sixty (60) days after the receipt of a denial on a claim, a claimant or his/her authorized
representative may file a written request for review of such denial. Such review shall be undertaken by the Committee and shall be a
full and fair review. The claimant shall have the right to review all pertinent documents. The Committee shall issue a decision not
later than sixty (60) days after receipt of a request for review from a claimant unless special circumstances, such as the need to hold a
hearing, require a longer period of time, in which case a decision shall be rendered as soon as possible but not later than one hundred
twenty (120) days after receipt of the claimant's request for review. The decision on review shall be in writing and shall include
specific reasons for the decision written in a manner calculated to be understood by the claimant with specific reference to any
provisions of the Plan on which the decision is based and shall include an explanation of the claimant's right to pursue legal action in the
event of an adverse determination on review.
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