Honeywell 2008 Annual Report Download - page 199

(ii) contain specific references to Plan provisions relative to the denial;
(iii) describe any material and information, if any, necessary for the claim for benefits to be allowed, that had been requested, but not received by the
Named Fiduciary; and
(iv) advise the Participant that any appeal of the Named Fiduciary’s adverse determination must be made in writing to the Named Fiduciary within 60
days after receipt of the initial denial notification, and must set forth the facts upon which the appeal is based.
(c) If notice of the denial of a claim is not furnished within the time periods set forth above, the claim shall be deemed denied and the claimant shall be
permitted to proceed to the review procedures set forth below. If the Participant fails to appeal the Named Fiduciary’s denial of benefits in writing and within
60 days after receipt by the claimant of written notification of denial of the claim (or within 60 days after a deemed denial of the claim), the Named
Fiduciary’s determination shall become final and conclusive.
(d) If the Participant appeals the Named Fiduciary’s denial of benefits in a timely fashion, the Plan Administrator shall re-examine all issues relevant to
the original denial of benefits. Any such claimant, or his or her duly authorized representative 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) Arbitration.
(i) 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 Plan Administrator issues, or is deemed to have issued, its determination under subparagraph (e) above.
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