Honeywell 2003 Annual Report Download - page 48

may review any pertinent documents, as determined by the Plan
Administrator, and submit in writing any issues or comments to be
addressed on appeal.
(e) The Plan Administrator shall advise the Participant and such
individual's representative of its decision which shall be written in a
manner calculated to be understood by the claimant, and include
specific references to the pertinent Plan provisions on which the
decision is based. Such response shall be made within 60 days of
receipt of the written appeal, unless special circumstances require an
extension of such 60-day period for not more than an additional 60
days. Where such extension is necessary, the claimant shall be given
written notice of the delay. Any decision of the Plan Administrator
shall be binding on all persons affected thereby.
(f) Any dispute, controversy, or claim arising out of or relating to any
Plan benefit, including, without limitation, any dispute, controversy
or claim as to whether the decision of the Named Fiduciary respecting
the benefits under this Plan or interpretation of this Plan is
arbitrary and capricious, that is not settled in accordance with the
procedures outlined in Section 8, shall be settled by final and binding
arbitration in accordance with the American Arbitration Association
Employment Dispute Resolution or other applicable rules. Before
resorting to arbitration, an aggrieved Participant must first follow
the review procedure outlined in this Section of the Plan. If there is
still a dispute after the procedures in this Section have been
exhausted, the Participant must request arbitration in writing within
six (6) months after the issues, or is deemed to have issued, its
determination under subparagraph (e) above.
The arbitrator shall be selected by mutual agreement of the parties, if
possible. If the parties fail to reach agreement upon appointment of an
arbitrator within 30 days following receipt by one party of the other
party's notice of desire to arbitrate, the arbitrator shall be selected
from a panel or panels of persons submitted by the American Arbitration
Association (the "AAA"). The selection process shall be that which is
set forth in the AAA Employment Dispute Resolution Rules, except that,
if the parties fail to select an arbitrator from one or more panels,
AAA shall not have the power to make an appointment but shall continue
to submit additional panels until an arbitrator has been selected.
All fees and expenses of the arbitration, including a transcript if
requested, will be borne by the Company. The arbitrator shall have no
power to amend, add to or subtract from this Plan. The award shall be
admissible in any court or agency seeking to enforce or render
unenforceable this Plan or any portion thereof. Any action to enforce
or vacate the arbitrator's award shall be governed by the Federal
Arbitration Act if applicable.
-11-