ComEd 2006 Annual Report Download - page 412

(B) The Plan Administrator shall have the duty and authority to interpret and construe the Plan in regard to all questions of
the status and rights of Participants and other persons under the Plan and the manner, time, and amount of payment of any
distributions under the Plan. Benefits shall be paid under the Plan to a Participant or Beneficiary only if the Plan Administrator, in its
sole discretion, determines that such Participant or Beneficiary is entitled to them. Decisions by the Plan Administrator shall be final
and binding upon all parties to the extent permitted by law. Each Employer shall, from time to time, upon request of the Plan
Administrator, furnish to the Plan Administrator such data and information as the Plan Administrator shall require in the performance
of its duties.
(C) The Company may designate any person, partnership or corporation to carry out any of the responsibilities of the Plan
Administrator. Any such designation shall be reduced to writing and such writing shall be kept with the records of the Plan. The Plan
Administrator may employ accountants, counsel, and other consultants and may employ clerical assistance as it may require in
carrying out the provisions of this Plan.
(D) The Board of Directors of the Company, or its designee, shall have the authority in its discretion to identify the
Executives of each of the Employers who are eligible to participate in this Plan.
Section 5.2. Claims Procedure. Any Beneficiary who believes he or she is entitled to benefits in an amount greater than
those which he or she has received or any Participant who believes he or she is entitled to a distribution of an insurance policy that he
or she has not received may file a claim with the Plan Administrator. Such a claim shall be in writing and state the nature of the claim,
the facts supporting the claim, the amount claimed, and the address of the claimant. The Plan Administrator shall review the claim
and, unless special circumstances require an extension of time, within 90 days after receipt of the claim, give notice to the claimant,
either in writing by registered or certified mail or in an electronic notification, of the Plan Administrator’s decision with respect to the
claim. Any electronic notice delivered to the claimant shall comply with the standards imposed by applicable Regulations. If the Plan
Administrator determines that special circumstances require an extension of time for processing the claim, the claimant shall be so
advised in writing within the initial 90-day period and in no event shall such an extension exceed 90 days. The extension notice shall
indicate the special circumstances requiring an extension of time and the date by which the Plan Administrator expects to render the
benefit determination. The notice of the decision of the Plan Administrator with respect to the claim shall be written in a manner
calculated to be understood by the claimant and, if the claim is wholly or partially denied, the Plan Administrator shall notify the
claimant of the adverse benefit determination and shall set forth the specific reasons for the adverse determination, the references to
the specific Plan provisions on which the determination is based, a description of any additional material or information necessary for
the claimant to perfect the claim, an explanation of why such material or information is necessary, and a description of the claim
review procedure under the Plan and the time limits applicable to such procedures, including a statement of the claimant’s right to
bring a civil action under Section 502 of ERISA following an adverse benefit determination on review. The Plan Administrator shall
also advise the claimant that the claimant or the claimant’s duly authorized representative may request a
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