Supercuts 2007 Annual Report Download - page 144

direct the Trustee to disburse such payments, as applicable, to a person or institution designated by a court which has jurisdiction over such
recipient or a person or institution otherwise having the legal authority under State law for the care and control of such recipient. The receipt by
such person or institution of any such payments shall be complete acquittance therefore, and any such payment to the extent thereof, shall
discharge the liability of the Trust for the payment of benefits hereunder to such recipient.
10.05. Information between Employer and Trustee . The Employer agrees to furnish the Trustee, and the Trustee agrees to furnish the
Employer with such information relating to the Plan and Trust as may be required by the other in order to carry out their respective duties
hereunder, including without limitation information required under the Code or ERISA and any regulations issued or forms adopted thereunder.
10.06. Notices . Any notice or other communication in connection with this Plan shall be deemed delivered in writing if addressed as provided
below and if either actually delivered at said address or, in the case of a letter, three business days shall have elapsed after the same shall have
been deposited in the United States mails, first-class postage prepaid and registered or certified:
(a) If to the Employer or Administrator, to it at the address set forth in the Adoption Agreement, to the attention of the person specified to
receive notice in the Adoption Agreement;
(b) If to the Trustee, to it at the address set forth in the Trust Agreement; or, in each case at such other address as the addressee shall have
specified by written notice delivered in accordance with the foregoing to the addressor’s then effective notice address.
10.07. Governing Law . The Plan and the accompanying Adoption Agreement will be construed, administered and enforced according to
ERISA, and to the extent not preempted thereby, the laws of the Commonwealth of Massachusetts, without regard to its conflicts of law
principles.
Article 11. Plan Administration .
11.01. Powers and responsibilities of the Administrator . The Administrator has the full power and the full responsibility to administer the
Plan in all of its details, subject, however, to the applicable requirements of ERISA. The Administrator’s powers and responsibilities include,
but are not limited to, the following:
(a) To make and enforce such rules and regulations as it deems necessary or proper for the efficient administration of the Plan;
(b) To interpret the Plan, its interpretation thereof in good faith to be final and conclusive on all persons claiming benefits under the Plan;
(c) To decide all questions concerning the Plan and the eligibility of any person to participate in the Plan;
(d) To administer the claims and review procedures specified in Section 11.03;
(e) To compute the amount of benefits which will be payable to any Participant, former Participant or Beneficiary in accordance with the
provisions of the Plan;
(f) To determine the person or persons to whom such benefits will be paid;
(g) To authorize the payment of benefits;
(h) To comply with any applicable reporting and disclosure requirements of Part 1 of Subtitle B of Title I of ERISA;
(i) To appoint such agents, counsel, accountants, and consultants as may be required to assist in administering the Plan;
(j) By written instrument, to allocate and delegate its responsibilities, including the formation of an Administrative Committee to administer the
Plan;
11.02. Nondiscriminatory Exercise of Authority . Whenever, in the administration of the Plan, any discretionary action by the Administrator
is required, the Administrator shall exercise its authority in a nondiscriminatory manner so that all persons similarly situated will receive
substantially the same treatment.
11.03. Claims and Review Procedures .
(a) Claims Procedure . If any person believes he is being 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 contain (i) specific reasons for the denial, (ii) specific reference to pertinent Plan provisions, (iii) a description of any
additional material or information necessary for such person to perfect such claim and an explanation of why such material or information is
necessary, and (iv) information as to the steps to be taken if the person wishes to submit a request for review, including a statement of the such
person’s right to bring a civil action under Section 502(a) of ERISA following as adverse determination upon review. Such notification will be
given within 90 days after the claim is received by the Administrator (or within 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 90
-
day period).