Mondelez 2012 Annual Report Download - page 504

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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