Occidental Petroleum 2005 Annual Report Download - page 128

7.3 Claims Procedure for Disability Benefits.
(a) Within a reasonable period of time, but not later than 45 days after receipt of a claim for Disability benefits, the
Committee or its delegate shall notify the claimant of any adverse benefit determination on the claim, unless circumstances beyond the
Plan’s control require an extension of time for processing the claim. In no event may the extension period exceed 30 days from the end of the
initial 45-day period. If an extension is necessary, the Committee or its delegate shall provide the claimant with a written notice to this effect
prior to the expiration of the initial 45-day period. The notice shall describe the circumstances requiring the extension and the date by which
the Committee or its delegate expects to render a determination on the claim. If, prior to the end of the first 30-day extension period, the
Committee or its delegate determines that, due to circumstances beyond the control of the Plan, a decision cannot be rendered within that
extension period, the period for making the determination may be extended for an additional 30 days, so long as the Committee or its
delegate notifies the claimant, prior to the expiration of the first 30-day extension period, of the circumstances requiring the extension and the
date as of which the Committee or its delegate expects to render a decision. This notice of extension shall specifically describe the standards
on which entitlement to a benefit is based, the unresolved issues that prevent a decision on the claim, and the additional information needed
to resolve those issues, and that the claimant has at least 45 days within which to provide the specified information.
(b) In the case of an adverse benefit determination, the Committee or its delegate shall provide to the claimant written or
electronic notification setting forth in a manner calculated to be understood by the claimant (i) the specific reason or reasons for the adverse
benefit determination, (ii) reference to the specific Plan provisions on which the adverse benefit determination is based, (iii) a description of
any additional material or information necessary for the claimant to perfect the claim and an explanation of why the material or information is
necessary, (iv) a description of the Plan’s claim review procedures and the time limits applicable to such procedures, including a statement of
the claimant’s right to bring a civil action under Section 502(a) of ERISA following an adverse final benefit determination on review and in
accordance with Section 7.4, (v) if an internal rule, guideline, protocol or similar criterion (“internal standard”) was relied upon in making the
determination, a copy of the internal standard or a statement that the internal standard was relied upon and that a copy of the internal
standard shall be provided to the claimant free of charge upon request, and (vi) if the determination is based on a medical necessity or
experimental treatment or similar exclusion or limit, an explanation of the scientific or clinical judgment for the determination or a statement
that such explanation shall be provided free of charge upon request.
(c) Within 180 days after receipt by the claimant of notification of the adverse benefit determination, the claimant or his
duly authorized representative, upon written application to the Committee, may request that the Committee fully and fairly review the
adverse benefit determination. On review of an adverse benefit determination, upon request and free of charge, the claimant shall have
reasonable access to, and copies of, all documents, records and other information relevant to the claimant’s claim for benefits. The claimant
shall have the opportunity to submit written comments, documents, records, and other information relating to the claim for benefits. The
Committee’s (or delegate’s) review (i) shall take into account all comments, documents, records, and other information submitted regardless
of whether the
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