McKesson 2005 Annual Report Download - page 155

b. The Executive Vice President’s review shall take into account all comments, documents, records and other information submitted by
the appellant relating to the claim, without regard to whether such information was submitted or considered in the initial benefit determination.
The Executive Vice President shall not be restricted in his or her review to those provisions of the Plan cited in the original denial of the claim.
c. The Executive Vice President shall issue a written decision within a reasonable period of time but not later than 60 days after receipt
of the appeal, unless special circumstances require an extension of time for processing, in which case the written decision shall be issued as
soon as possible, but not later than 120 days after receipt of an appeal. If such an extension is required, written notice shall be furnished to the
appellant within the initial 60 day period. This notice shall state the circumstances requiring the extension and the date by which the Executive
Vice President expects to reach a decision on the appeal.
d. If the decision on the appeal denies the claim in whole or in part written notice shall be furnished to the appellant. Such notice shall
state the reason(s) for the denial, including references to specific Plan provisions upon which the denial was based. The notice shall state that
the appellant is entitled to receive, upon request and free of charge, reasonable access to, and copies of, all documents, records, and other
information Relevant to the claim for benefits. The notice shall describe any voluntary appeal procedures offered by the Plan and the
appellant’s right to obtain the information about such procedures. The notice shall also include a statement of the appellant’s right to bring an
action under Section 502(a) of ERISA.
e. The decision of the Executive Vice President on the appeal shall be final, conclusive and binding upon all persons and shall be given
the maximum possible deference allowed by law.
5. Exhaustion of Remedies. No legal or equitable action for benefits under the Plan shall be brought unless and until the claimant has
submitted a written claim for benefits in accordance with Section M.2, has been notified that the claim is denied in accordance with Section
M.3, has filed a written request for a review of the claim in accordance with Section M.4, and has been notified in writing that the Executive
Vice President has affirmed the denial of the claim in accordance with Section M.4.
N. DEFINITIONS
For purposes of the Plan, the following terms shall have the meanings indicated:
1. “Administrator” shall mean the person specified in Section K.
2. “Approved Retirement” shall mean (i) any termination of employment with the Company after attainment of age 62; (ii) any involuntary
termination of employment after both attainment of age 55 and completion of 15 Years of Service; or (iii) any other termination of employment
prior to (i) or (ii) above (but not earlier than the Executive’s attainment of age 55 and completion of five Years of Service) if the Compensation
Committee has determined that such termination will be an Approved Retirement. Such a determination by the Compensation Committee may
occur at the time of the Executive’s termination of employment with the Company or at any earlier time. Notwithstanding the foregoing, if an
Executive’s written
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