eTrade 2008 Annual Report Download - page 235

In the event the benefit determination is being made by a committee or board of trustees that hold regularly scheduled meetings
at least quarterly, the above paragraph shall not apply. The benefit determination must be made by the date of the meeting of the
committee or board that immediately follows the Plan’s receipt of a request for review, unless the request for review is filed within 30
days preceding the date of such meeting. In such case, the benefit determination must be made by the date of the second meeting
following the Plan’s receipt of the request for review. The date of the receipt of the request for review shall be determined without
regard to whether all of the information necessary to make a benefit determination on review is received. The Claimant shall be
notified in writing within this initial period if special circumstances require an extension of the time needed to process the claim. The
notice shall indicate the special circumstances requiring an extension of time and the date by which the committee or board expects to
render the determination on review. In no event shall such benefit determination be made later than the third meeting of the
committee or board following the Plan’s receipt of the request for review. The Plan Administrator shall provide adequate written
notice to the Claimant of the Plan’s benefit determination on review as soon as possible, but not later than five days after the benefit
determination is made.
If the claim for benefits is wholly or partially denied on review, the Plan Administrator’s notice to the Claimant shall: (i) specify
the reason or reasons for the denial; (ii) reference the specific Plan provisions on which the denial is based; (iii) include a statement
that the Claimant 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 Claimant’s claim for benefits; and (iv) include a statement of the Claimant’s right to bring a civil
action under ERISA section 502(a).
A Claimant may authorize a representative to act on the Claimant’s behalf with respect to a benefit claim or appeal of an adverse
benefit determination. Such authorization shall be made by completion of a form furnished for that purpose. In the absence of any
contrary direction from the Claimant, all information and notifications to which the Claimant is entitled shall be directed to the
authorized representative.
The Plan Administrator shall perform periodic examinations, reviews, or audits of benefit claims to determine whether claims
determinations are made in accordance with the governing Plan documents and, where appropriate, Plan provisions have been
consistently applied with respect to similarly situated Claimants.
Disability Claim Procedures. In the case of a claim for disability benefits, the above provisions will be modified as provided
below.
If a claim for disability benefits under the Plan is wholly or partially denied, the Plan Administrator shall provide adequate
written notice to the Claimant whose claim for benefits under the Plan has been denied. The notice must be furnished within 45 days
of the date that the claim is received by the Plan without regard to whether all of the information necessary to make a benefit
determination is received. The period for furnishing the notice may be extended for up to 30 days if the Plan Administrator both
determines an extension is necessary due to matters beyond the control of the Plan and notifies the Claimant in writing within this
initial 45-day period. The notice shall indicate the circumstances requiring the extension of time and the date by which the Plan
expects to render a decision. If prior to the end of the first 30-day extension period, the Plan Administrator determines that, due to
matters beyond the control of the Plan, a decision cannot be rendered within that extension period, the period may be extended for up
to an additional 30 days, provided the Plan Administrator notifies the Claimant in writing, within the first 30-day extension period, of
the circumstances
RESTATEMENT DECEMBER 15, 2006 68 ARTICLE IX (5-19047)