eTrade 2009 Annual Report Download - page 220

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8.1 Presentation of Claim. Any Participant or Beneficiary of a deceased Participant (such Participant or Beneficiary being referred
to below as a “Claimant”) may deliver to the Committee a written claim for a determination with respect to the amounts
distributable to such Claimant from the Plan. If such a claim relates to the contents of a notice received by the Claimant, the
claim must be filed within 60 days after such notice was received by the Claimant. All other claims must be filed within 90 days
of the date on which the event that caused the claim to arise occurred. The claim must state with particularity the determination
desired by the Claimant.
8.2 Notification of Decision. The Committee shall consider a Claimant’s claim within a reasonable time, and shall notify the
Claimant in writing:
(a) That the claim has been allowed in full; or
(b) That the Committee has reached a conclusion contrary, in whole or in part, to the Claimant’s requested determination, and
such notice must set forth in a manner calculated to be understood by the Claimant:
(i) The specific reason(s) for the denial of the claim, or any part of it;
(ii) Specific reference(s) to pertinent provisions of the Plan upon which such denial was based;
(iii) A description of any additional material or information necessary for the Claimant to perfect the claim, and an
explanation of why such material or information is necessary; and
(iv) An explanation of the claim review procedure.
8.3 Review of a Denied Claim. Within 60 days after receiving a notice from the Committee that a claim has been denied, in whole
or in part, a Claimant (or the Claimant’s duly authorized representative) may file with the Committee a written request for a
review of the denial of the claim. Thereafter, but not later than 30 days after the review procedure began, the Claimant (or the
Claiman
t
’s duly authorized representative):
(a) May review pertinent documents;
(b) May submit written comments or other documents; and/or
(c) May request a hearing, which the Committee, in its sole discretion, may grant.
8.4 Decision on Review. The Committee shall render its decision on review promptly, and not later than 60 days after the filing of a
written request for review of the denial, unless a hearing is held or other special circumstances require additional time, in which
case the Committee’s decision must be rendered within 120 days after such date. Such decision must be written in a manner
calculated to be understood by the Claimant, and it must contain: