Honeywell 2003 Annual Report Download - page 57

determination. The New Plan Administrator shall also make its own
independent determination as to the benefit payable under the terms of
the Plan. Within 21 days of receipt of the notice from the affected
Participant, the New Plan Administrator shall transmit to the
Participant its own recommendation and that of the Corporation or
responsible Honeywell Employer if such is available. If either
recommendation is accepted in writing by the affected Participant, the
New Plan Administrator shall advise the Corporation or responsible
Honeywell Employer, and the Corporation or responsible Honeywell
Employer shall immediately make payment. Any recommendation by the New
Plan Administrator shall be final and binding upon the Corporation or
responsible Honeywell Employer and may not be challenged by either of
them.
(f) Disputed Recommendation. If an affected Participant does not agree in
writing within 30 days of transmittal to accept any of the
recommendations made pursuant to Sections 22(c), 22(d) or 22(e), the
New Plan Administrator shall consider the amount in excess of the
highest recommendation to be a claim for benefits which is in dispute
and shall, with respect to such amount, initiate an action in
interpleader pursuant to Rule 22 of the Federal Rules of Civil
Procedure or analogous rules, before a court of competent jurisdiction.
The New Plan Administrator shall not assert any claim or take any
position in this proceeding based on its interpretation of the terms of
the Plan, other than the provisions of this Section 22.
(g) Attorneys Fees and Costs. If a Participant is paid or is determined to
be entitled to receive benefits (i) in excess of any recommendation
made by the Corporation or responsible Honeywell Employer pursuant to
Sections 22(c) or 22(e), or (ii) in a case where the Corporation or
responsible Honeywell Employer have made no recommendation pursuant to
Sections 22(c) or 22(e), the New Plan Administrator shall advise the
Corporation or responsible Honeywell Employer, and the Corporation or
responsible Honeywell Employer shall immediately pay or reimburse the
affected Participant for the full amount of any attorneys' fees and
other expenses the affected Participant incurred in pursuing his or her
claim for benefits. The payment or reimbursement shall include the
standard hourly rates charged by each such attorney, any and all other
expenses related to the action incurred by or on behalf of the affected
Participant, the costs and expenses of any experts utilized to prepare
the claim, and any court costs assessed against the affected
Participant.
(h) Undisputed Benefits. Prior to the resolution of amounts in dispute
under Section 22(f), the Participant shall be paid immediately by the
Corporation or responsible Honeywell Employer in accordance with the
terms of the Plan, the higher of (i) the amount recommended, if any, by
the Corporation or the responsible Honeywell Employer, or (ii) the
amount recommended by the New Plan Administrator.
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