US Airways 2003 Annual Report Download - page 135

Section 8.4 Appeals Procedure. In order that a claimant may appeal a denial of a claim, the claimant or the claimant's duly authorized representative
may:
(a) request a review by written application to the Administrator, no later than sixty (60) days after receipt by the claimant of written notification
of denial of a claim;
(b) review pertinent documents; and
(c) submit issues and comments, documents, records and other information in writing.
The claimant will be provided, 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 (as determined under applicable regulations), including information generated by but not ultimately relied on by
the Plan in considering the claim, and the documents demonstrating the Plan's process for ensuring proper, consistent decisions to a claimant's denied benefits.
Section 8.5 Review. The review will take into account all information submitted by the claimant regardless of whether it was submitted with or
considered in the original claim determination. A decision on review of a denied claim shall be made by the Administrator not later than sixty (60) days after
receipt of a request for review, unless special circumstances require an extension of time for processing, in which case a decision shall be rendered within a
reasonable period of time, but not later than one hundred twenty (120) days after receipt of a request for a review. The decision on review shall be in writing
and shall include the specific reason(s) for the decision and the specific references(s) to the pertinent provisions of the Plan on which the decision is based, 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 (as determined under applicable regulations), a statement describing any voluntary appeal procedures
offered by the Plan and the claimant's right to obtain information about such procedure, and a statement of the claimant's right to bring an action under Section
502(a) of ERISA.
Section 8.6 Arbitration. Any further dispute or controversy arising under or in connection with this Plan which is not resolved by agreement shall be
resolved by binding arbitration pursuant to the Federal Arbitration Act in accordance with the Employment Dispute Resolution Rules then in effect with the
American Arbitration Association. The arbitration proceeding shall be conducted in the state of Virginia. This agreement to arbitrate shall be enforceable in
either federal or state court.
The enforcement of this agreement to arbitrate and all procedural aspects of this agreement to arbitrate shall be governed by and construed pursuant to
the Federal Arbitration Act and shall be decided by the arbitrators. In deciding the substance of any such claims, the arbitrator(s) shall apply the substantive
laws of the State of Delaware (excluding Delaware choice-of-law principles that might call for the application of some other state's law). Judgment upon any
award rendered in any such arbitration proceeding may be entered by any federal or state court having jurisdiction.
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