Occidental Petroleum 2005 Annual Report Download - page 129

information was previously considered in the initial adverse benefit determination, (ii) shall not afford deference to the initial adverse benefit
determination, (iii) shall be conducted by an appropriate named fiduciary of the Plan who is neither an individual who made the initial
adverse benefit determination nor a subordinate of such individual, (iv) if the adverse benefit determination was based in whole or in part on
a medical judgment, shall identify medical and vocational experts whose advice was obtained on behalf of the Plan in connection with the
initial adverse benefit determination, and (v) shall consult an appropriate health care professional who has appropriate training and
experience in the relevant field of medicine and who or whose subordinate was not consulted in the initial adverse benefit determination.
(d) Within a reasonable period of time, but not later than 45 days after receipt of such request for review, the Committee
or its delegate shall notify the claimant of any final benefit determination on the claim, unless special circumstances require an extension of
time for processing the claim. In no event may the extension period exceed 45 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 special circumstances requiring the extension and the date by which the Committee or its delegate
expects to render a final determination on the request for review. In the case of an adverse final 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 final benefit determination, (ii) reference to the specific Plan provisions on which the adverse
final benefit determination is based, (iii) 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 claimant’s claim for benefits, (iv) 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 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, (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,
and (vii) the following statement: “You and your plan may have other voluntary alternative dispute resolution options, such as mediation.
One way to find out what may be available is to contact your local U.S. Department of Labor Office and your State insurance regulatory
agency.”
7.4 Limitations on Actions. No legal action may be commenced prior to the completion of the benefit claims procedure described
herein. In addition, no legal action may be commenced after the later of (a) 180 days after receiving the written response of the Committee to
an appeal, or (b) 365 days after an applicant’s original application for benefits.
ARTICLE VIII
AMENDMENT AND TERMINATION OF PLAN
8.1 Amendment. The Board may amend the Plan in whole or in part at any time for any reason, including but not limited to, tax,
accounting or other changes, which may result in
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