Kraft 2010 Annual Report Download - page 169

limitations described above, the claim will be deemed denied on review. If the claim for Plan benefits is finally denied by the Administrator (or deemed
denied), then the claimant may bring suit in federal court. The claimant may not commence a suit in a court of law or equity for benefits under the Plan until
the Plan's claim process and appeal rights have been exhausted and the Plan benefits requested in that appeal have been denied in whole or in part. However,
the claimant may only bring a suit in court if it is filed within 90 days after the date of the final denial of the claim by the Administrator.
With respect to claims for benefits payable as a result of a Participant being determined to be disabled, the Administrator will provide the claimant with
notice of the status of his claim for disability benefits under the Plan within a reasonable period of time after a complete claim has been filed, but no later than
45 days after receipt of the claim for benefits. The Administrator may request an additional 30-day extension if special circumstances warrant by notifying the
claimant of the extension before the expiration of the initial 45-day period. If a decision still cannot be made within this 30-day extension period due to
circumstances outside the Plan's control, the time period may be extended for an additional 30 days, in which case the claimant will be notified before the
expiration of the original 30-day extension.
If the claimant has not submitted sufficient information to the Administrator to process his disability benefit claim, he will be notified of the incomplete
claim and given 45 days to submit additional information. This will extend the time in which the Administrator has to respond to the claim from the date the
notice of insufficient information is sent to the claimant until the date the claimant responds to the request. If the claimant does not submit the requested
missing information to the Administrator within 45 days of the date of the request, the claim will be denied.
If a disability benefit claim is denied, the claimant will receive a notice which will include: (i) the specific reasons for the denial, (ii) reference to the
specific Plan provisions upon which the decision is based, (iii) a description of any additional information the claimant might be required to provide with an
explanation of why it is needed, and (iv) an explanation of the Plan's claims review and appeal procedures, and (v) a statement regarding the claimant's right
to bring a civil action under Section 502(a) of ERISA following a denial on appeal.
The claimant may appeal a denial of a disability benefit claim by filing a written request with the Administrator within 180 days of the claimant's
receipt of the initial denial notice. In connection with the appeal, the claimant may request that the Plan provide him, free of charge, copies of all documents,
records and other information relevant to the claim. The claimant may also submit written comments, records, documents and other information relevant to his
appeal, whether or not such documents were submitted in connection with the initial claim. The Administrator may consult with medical or vocational experts
in connection with deciding the claimant's claim for benefits.
The Administrator will conduct a full and fair review of the documents and evidence submitted and will ordinarily render a decision on the disability
benefit claim no later than 45 days after receipt of the request for review on appeal. If there are special circumstances, the decision will be made as soon as
possible, but not later than 90 days after receipt of the request for review on appeal. If such an extension of time is needed, the claimant will be
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