EMC 2011 Annual Report Download - page 117

(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 7.3(b).
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