Sunoco 2015 Annual Report Download - page 161

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PAGE 6
Completion of the claims procedures described in this Section 3.02 will be a condition precedent
to the commencement of any legal or equitable action in collection with a claim for benefits under
the Plan by a Claimant or by any other person or entity claiming rights individually or through a
Claimant; provided, however, that the Administrative Committee may, in its sole discretion, waive
compliance with such claims procedures as a condition precedent to any such action.
An authorized representative may act on behalf of a Claimant in pursuing a benefit claim or an
appeal of an adverse benefit determination. In the event a Claimant identifies an individual or entity
as his authorized representative in writing to the Administrative Committee but fails to describe the
scope of the authority of such authorized representative, the Administrative Committee shall assume
that such authorized representative has full powers to act with respect to all matters pertaining to
the Claimant's benefit claim under the Plan or appeal of an adverse benefit determination with
respect to such benefit claim.
ARTICLE IV
DEFERRED COMPENSATION ACCOUNTS
Section 4.01 Maintenance of Accounts. Accounts shall be established and maintained for
each Participant related to (i) the Converted Benefits and Earnings, and (ii) the Unit Distributions.
A Participant's Account(s) shall be utilized solely as a device for the measurement and determination
of the amounts to be paid to the Participant pursuant to this Plan, and shall not constitute or be
treated as a trust fund of any kind. The Administrative Committee shall determine the balance of
each Account, as of each Valuation Date, by adjusting the balance of such Account as of the
immediately preceding Valuation Date to reflect changes in the value of the deemed investments
thereof, credits and debits and distributions pursuant to Article V with respect to such Account since
the preceding Valuation Date. To the extent that the Employer is required to withhold any taxes or
other amounts from the Converted Benefits or Unit Distributions pursuant to any state, Federal or
local law, Converted Benefits or Unit Distributions shall be reduced for such withholdings only to
the extent that there is not sufficient cash compensation payable to the Participant at the time that
such withholding must be made and such withholding conforms to Code Section 409A.
Section 4.02 Hypothetical Investment Benchmarks. Each Participant shall be entitled to
direct the manner in which the balance of his Account will be deemed to be invested, selecting
among the Hypothetical Investment Benchmarks specified by the Administrative Committee from
time to time, and in accordance with such rules, regulations and procedures as the Administrative
Committee may establish from time to time. If a Participant fails to properly direct the deemed
investment of his Account, then his Account shall be deemed to be invested in the Hypothetical
Investment Benchmarks designated by the Administrative Committee from time to time in a uniform
and nondiscriminatory manner. Notwithstanding anything to the contrary herein, earnings and