EMC 2008 Annual Report Download - page 159

rely on information furnished by a Participant, a beneficiary, or any other person or entity. The Administrator shall be deemed to be the Plan administrator
with responsibility for complying with any reporting and disclosure requirements of ERISA.
The Administrator may employ such counsel, agents and advisers, and obtain such administrative, clerical and other services, as it may deem necessary
or appropriate in carrying out the provisions of the Plan and its duties hereunder.
7.2. Claims Procedure.
(a) In general. If any person believes he or she has been denied any rights or benefits under the Plan, such person may file a claim in writing
with the Administrator. If any such claim is wholly or partially denied, the Administrator will notify such person of its decision in writing. Such
notification will be given within ninety (90) days after the claim is received by the Administrator (or within one hundred eighty (180) days, if special
circumstances require an extension of time for processing the claim, and if written notice of such extension and circumstances is given to such person
within the initial ninety (90) day period). Notwithstanding the foregoing, if such notification is not given within such ninety (90) or one hundred eighty
(180) day period, the claim will be considered denied as of the last day of such period and such person may request a review of his or her claim in
accordance with Section 7.2(b).
(b) Appeals. Within sixty (60) days after the date on which a person receives a written notice of a denied claim (or, if applicable, within sixty
(60) days after the date on which such denial is considered to have occurred) such person (or his or her duly authorized representative) may file a written
request with the Administrator for a review of his or her denied claim. The Administrator will notify such person of its decision on review in writing.
The decision on review will be made within sixty (60) days after the request for review is received by the Administrator (or within one hundred twenty
120 days, if special circumstances require an extension of time for processing the request, such as an election by the Administrator to hold a hearing,
and if written notice of such extension and circumstances is given to such person within the initial sixty (60) day period). Notwithstanding the
foregoing, if the decision on review is not made within such sixty (60) or one hundred twenty 120 day period, the claim will be considered denied.
The Administrator may, in its sole discretion amend or revise this Section 7.2, provided, that the claims procedure for the Plan pursuant to which persons
may claim an interest in the Plan and appeal denials of such claims, as amended or changed, shall meet the minimum standards of Section 503 of ERISA.
7.3. Claims and Review Procedure for Disability Claims.
(a) In general. If any person believes he or she has been denied any rights or benefits due on Disability under the Plan, such person may file a
claim in writing with the Administrator. If any such claim is wholly or partially denied, the Administrator will notify such person of its decision in
writing. Such notification will be given within forty-five (45) days after the claim is received by the Administrator. This time period may be extended
twice by thirty (30) days if the Administrator both determines that such an extension is necessary due to matters beyond the control of the Plan and
notifies such person of the circumstances requiring the extension of time and the date by which the Administrator expects to render a decision. If such
an extension is necessary due to such person's failure to submit the information necessary to decide the claim, the notice of extension will specifically
describe the required information and such person will be afforded at least forty-five (45) days within which to provide the specified information. If
such person delivers the requested information within the time specified, any thirty (30) day extension period will begin after such person has provided
that information. If such person fails to deliver the requested information within the time specified, the Administrator may decide such person's claim
without that information. Notwithstanding the foregoing, if such notification is not given within such forty-five (45) or an extended period, the claim
will be considered denied as of the last day of such period and such person may request a review of his or her claim in accordance with Section 7.2(b).