Neiman Marcus 2007 Annual Report Download - page 196

ARTICLE IX
CLAIMS PROCEDURES
Section 9-1 Claim. A Claimant may file a written request for such benefit with the Committee, setting forth the claim.
Section 9-2 Claim Decision. Upon receipt of a claim, the Committee shall advise the Claimant that a reply will be
forthcoming within ninety (90) days and shall, in fact, deliver such reply within such period. The Committee may, however, extend
the reply period for an additional ninety (90) days for reasonable cause. If the claim is denied in whole or in part, the Claimant shall be
provided a written explanation, using language calculated to be understood by the Claimant, setting forth:
(a) the specific reason or reasons for such denial;
(b) the specific reference to relevant provisions of the Plan on which such denial is based;
(c) a description of any additional material or information necessary for the Claimant to perfect the claim and
an explanation why such material or such information is necessary;
(d) appropriate information as to the steps to be taken if the Claimant wishes to submit the claim for review;
(e) the time limits for requesting a review; and
(f) that the Claimant has the right to bring an action for benefits under Section 502 of ERISA following an
adverse determination on review.
Section 9-3 Request for Review. Within sixty (60) days after the receipt by the Claimant of the written opinion
described above, the Claimant may request in writing that the Committee review its determination. The Claimant, or his or her duly
authorized representative, may, but need not, review the pertinent documents and submit issues and comments in writing for
consideration by the Committee. If the Claimant does not request a review of the initial determination within such sixty (60) day
period, the Claimant shall be barred and estopped from challenging the determination.
Section 9-4 Review of Decision.
(a) Within sixty (60) days after the Committee's receipt of a request for review, it will review the initial
determination. After considering all materials presented by the Claimant, the Committee will render a written opinion,
written in a manner calculated to be understood by the Claimant. If the decision is adverse, the written opinion will:
(1) set forth the specific reasons for the decision and specific references to the relevant provisions of
this Plan on which the decision is based; and
(2) include a statement that the Claimant is entitled to receive, upon request and free of charge,
reasonable access to, and copies of, all documents, records and other information relevant to the claim and that the
Claimant may bring an action under Section 502(a) of ERISA.
(b) If special circumstances require that the sixty (60) day time period be extended, the Committee will so
notify the Claimant and will render the decision as soon as possible, but no later than one hundred twenty (120) days after
receipt of the request for review.