EMC 2010 Annual Report Download - page 115

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
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