eTrade 2008 Annual Report Download - page 234

SECTION 9.04—INFORMATION AVAILABLE.
Any Participant in the Plan or any Beneficiary may examine copies of the Plan description, latest annual report, any bargaining
agreement, this Plan, the Annuity Contract, or any other instrument under which the Plan was established or is operated. The Plan
Administrator shall maintain all of the items listed in this section in its office, or in such other place or places as it may designate in
order to comply with governmental regulations. These items may be examined during reasonable business hours. Upon the written
request of a Participant or Beneficiary receiving benefits under the Plan, the Plan Administrator shall furnish him with a copy of any
of these items. The Plan Administrator may make a reasonable charge to the requesting person for the copy.
SECTION 9.05—CLAIM PROCEDURES.
A Claimant must submit any necessary forms and needed information when making a claim for benefits under the Plan.
If a claim for benefits under the Plan is wholly or partially denied, the Plan Administrator shall provide adequate written notice
to the Claimant whose claim for benefits under the Plan has been denied. The notice must be furnished within 90 days of the date that
the claim is received by the Plan without regard to whether all of the information necessary to make a benefit determination is
received. The Claimant shall be notified in writing within this initial 90-day period if special circumstances require an extension of
the time needed to process the claim. The notice shall indicate the special circumstances requiring an extension of time and the date
by which the Plan Administrator’s decision is expected to be rendered. In no event shall such extension exceed a period of 90 days
from the end of the initial 90-day period.
The Plan Administrator’s notice to the Claimant shall: (i) specify the reason or reasons for the denial; (ii) reference the specific
Plan provisions on which the denial is based; (iii) describe any additional material and information needed for the Claimant to perfect
his claim for benefits; (iv) explain why the material and information is needed; and (v) inform the Claimant of the Plan’s appeal
procedures and the time limits applicable to such procedures, including a statement of the Claimant’s right to bring a civil action
under ERISA section 502(a) following an adverse benefit determination on appeal.
Any appeal made by a Claimant must be made in writing to the Plan Administrator within 60 days after receipt of the Plan
Administrator’s notice of denial of benefits. If the Claimant appeals to the Plan Administrator, the Claimant may submit written
comments, documents, records, and other information relating to the claim for benefits. The Claimant shall 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. The Plan Administrator shall review the claim taking into account all comments, documents, records, and other
information submitted by the Claimant relating to the claim, without regard to whether such information was submitted or considered
in the initial benefit determination.
The Plan Administrator shall provide adequate written notice to the Claimant of the Plan’s benefit determination on review. The
notice must be furnished within 60 days of the date that the request for review is received by the Plan without regard to whether all of
the information necessary to make a benefit determination on review is received. The Claimant shall be notified in writing within this
initial 60-day period if special circumstances require an extension of the time needed to process the claim. The notice shall indicate
the special circumstances requiring an extension of time and the date by which the Plan Administrator expects to render the
determination on review. In no event shall such extension exceed a period of 60 days from the end of the initial 60-day period.
RESTATEMENT DECEMBER 15, 2006 67 ARTICLE IX (5-19047)