Kraft 2014 Annual Report Download - page 110

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of this MSPP shall govern the operation of such sub-plan. The parties declare that it was their wish that this MSPP and
all documents or notices in connection herewith be drawn up in the English Language. Les parties aux présentes
déclarent avoir souhaité que la présente MSPP et tout document et avis s’y rattachant soient rédigés en langue
anglaise.
8.
CLAIMS PROCEDURE.
8.1 Claim. The Committee shall establish rules and procedures to be followed by Participants and thei
r
beneficiaries in (a) filing claims for benefits, and (b) for furnishing and verifying proof necessary to establish the right to
benefits in accordance with this MSPP, consistent with the remainder of this Section 8. Such rules and procedures shall
require that claims and proof be made in writing and directed to the Committee.
8.2 Review of Claim. The Committee or its designee shall review all claims for benefits. Upon receipt by the
Committee of such a claim, it shall determine all facts which are necessary to establish the right of the claimant to
benefits under the provisions of this MSPP and the amount thereof as herein provided within ninety (90) days of receipt
of such claim. If prior to the expiration of the initial ninety (90) day period, the Committee determines additional time is
needed to come to a determination on the claim, the Committee shall provide written notice to the Participant,
beneficiary or other claimant of the need for the extension, not to exceed a total of one hundred eighty (180) days from
the date the application was received.
8.3 Notice of Denial of Claim. In the event that any Participant, beneficiary or other claimant claims to be
entitled to a benefit under this MSPP, and the Committee determines that such claim should be denied, in whole or in
part, the Committee shall, in writing, notify such claimant that the claim has been denied, in whole or in part, setting
forth the specific reasons for such denial. Such notification shall be written in a manner reasonably expected to be
understood by such claimant, shall refer to the specific sections of the MSPP relied on, shall describe any additional
material or information necessary for the claimant to perfect the claim, shall provide an explanation of why such
material or information is necessary, and, where appropriate, shall include an explanation of how the claimant can
obtain reconsideration of such denial.
8.4 Reconsideration of Denied Claim.
(a)
Within sixty (60) days after receipt of the notice of the denial of a claim, such claimant or duly
authorized representative may request, by mailing or delivery of such written notice to the Committee, a reconsideration
by the Committee of the decision denying the claim. If the claimant or duly authorized representative fails to request
such a reconsideration within such sixty (60) day period, it shall be conclusively determined for all purposes of this
MSPP that the denial of such claim by the Committee is correct. If such claimant or duly authorized representative
requests a reconsideration within such sixty (60) day period, the claimant or duly authorized representative shall have
thirty (30) days after filing a request for reconsideration to submit additional written material in support of the claim,
review pertinent documents, and submit issues and comments in writing.
(b)
After such reconsideration request, the Committee shall determine within sixty (60) days of receipt o
f
the claimant’s request for reconsideration whether such denial of the claim was correct and shall notify such claimant in
writing of its determination. The written notice of the Committee’s decision shall be in writing and shall include specific
reasons for the decision, shall be written in a manner reasonably calculated to be understood by the claimant, and shall
identify specific references to the pertinent MSPP provisions on which the decision is based. In the event of special
circumstances determined by the Committee, the time for the Committee to make a decision may be extended by an
additional sixty (60) days upon written notice to the claimant prior to the commencement of the extension.