The Board of the employer shall appoint the Pension and Insurance Committee, consisting of a minimum of five members. The Pension and Insurance Committee shall have the power and authority, by a majority of its members, to do all acts and to execute, acknowledge and deliver all instruments necessary to implement and effectuate the purpose of this plan. The Pension and Insurance Committee may delegate authority to act on its behalf to any persons it deems appropriate. If the Board does not appoint a Pension and Insurance Committee, the Board shall be the plan administrator.
The Pension and Insurance Committee shall consist of not less than five members appointed by the Board. Two members of the Pension and Insurance Committee may be employees, provided that such employees shall be nonvoting members. Each member of the Pension and Insurance Committee shall serve in that capacity until the earliest of resignation, death, removal or otherwise. Each member may be removed at any time, with or without cause, by the Board. Each member may resign by delivering written notice to the Board and other members of the Pension and Insurance Committee. Vacancies on the Pension and Insurance Committee shall be filled by the Board; provided, however, that the remaining members of the Pension and Insurance Committee shall have full power to act pending the filling of such vacancies.
A. 
The Pension and Insurance Committee shall have full power and authority to do whatever shall, in its judgment, be reasonably necessary for the proper administration and operation of the plan. The interpretation or construction placed upon any term or provision of the plan by the Pension and Insurance Committee or any action of the Pension and Insurance Committee taken in good faith shall, upon the Board's review and approval thereof, be final and conclusive upon all parties hereto, whether employees, participants or other persons concerned. By way of specification and not limitation and except as specifically limited hereafter, the Pension and Insurance Committee is authorized:
(1) 
To construe this plan;
(2) 
To determine all questions affecting the eligibility of any employee to participate herein;
(3) 
To compute the amount and source of any benefit payable hereunder to any participant or beneficiary;
(4) 
To authorize any and all disbursements;
(5) 
To prescribe any procedure to be followed by any participant and/or other person in filing any application or election;
(6) 
To prepare and distribute, in such manner as may be required by law or as the Committee deems appropriate, information explaining the plan;
(7) 
To require from the employer or any participant such information as shall be necessary for the proper administration of the plan;
(8) 
To appoint and retain any individual to assist in the administration of the plan, including such legal, clerical, accounting and actuarial services as may be required by any applicable law or laws; and
(9) 
To select an individual retirement plan provider (either the state or a federally regulated financial institution) and invest funds in connection with the rollover of mandatory distributions as described in § 47-27.2B.
[Added 7-12-2005 by Ord. No. 1835[1]]
[1]
Editor's Note: This ordinance provided that this amendment would become effective as of 1-1-2006.
B. 
The Pension and Insurance Committee shall have no power to add to, subtract from or modify the terms of the plan or change or add to any benefits provided by the plan or to waive or fail to apply any requirements of eligibility for benefits under the plan. Further, the Pension and Insurance Committee shall have no power to adopt, amend or terminate the plan, to select or appoint any trustee or to determine or require any contributions to the plan, said powers being exclusively reserved to the Board.
The Committee may organize itself in any manner deemed appropriate to effectuate its purposes hereunder, subject to the following:
A. 
The Committee shall act by a majority of its members at the time in office, and such action may be taken either by vote at a meeting or in writing without a meeting.
B. 
The Committee shall, from time to time, appoint a Chairman, a Secretary, who may but need not be a Committee member, and such other agents as it may deem advisable.
C. 
The Committee may, from time to time, authorize any one or more of its members to execute any document or documents, including any application, request, certificate, notice, consent, waiver or direction and shall notify the Board, in writing, of the name or names of the member or members so authorized. In the absence of a designation, the Chairman shall be deemed to be so authorized. Any trustee or other fiduciary appointed hereunder shall accept and be fully protected in relying upon any document executed by the designated member or members, or the Chairman in the absence of a designation, as representing a valid action by the Committee until the Committee shall file with such fiduciary a written revocation of such designation.
D. 
The Committee or its delegate shall maintain and keep such records as are necessary for the efficient operation of the plan or as may be required by any applicable law, regulation or ruling and shall provide for the preparation and filing of such forms or reports as may be required to be filed with any governmental agency or department and with the participants and/or other persons entitled to benefits under the plan.
The Committee members shall each serve without compensation for services unless otherwise agreed by the Board in writing. All reasonable expenses incident to the functioning of the Committee, including, but not limited to, fees of accountants, counsel, actuaries and other specialists and other costs of administering the plan, may be paid from the Pension Fund upon approval by the Board to the extent permitted under applicable law and not otherwise paid by the employer.
No member of the Board or the Committee nor the plan manager nor the actuary nor any other person involved in the administration of the plan shall be liable to any person on account of any act or failure to act which is taken or omitted to be taken in good faith in performing their respective duties under the terms of this plan. To the extent permitted by law, the employer shall and hereby does agree to indemnify and hold harmless each present member of the Committee and each successor and each of any such member's heirs, executors and administrators and the Committee's delegates and appointees (other than any person, bank, firm or corporation which is independent of the employer and which renders services to the plan for a fee) from any and all liability and expenses, including counsel fees, reasonably incurred in any action, suit or proceeding to which he is or may be made a party by reason of being or having been a member, delegate or appointee of the Committee, except in matters involving criminal liability, intentional or willful misconduct. If the employer purchases insurance to cover claims of a nature described above, then there shall be no right of indemnification except to the extent of any deductible amount under the insurance coverage or to the extent of the amount the claims exceed the insured amount.
The plan administrator shall review and approve or deny any application for retirement benefits within 30 days following receipt thereof or within such longer time as may be necessary under the circumstances. Any denial of an application for retirement benefits shall be in writing and shall specify the reason for such denial.
Any person whose application for retirement benefits is denied, who questions the amount of benefit paid, who believes a benefit should have commenced which did not so commence, or who has some other claim arising under the plan ("claimant") shall first seek a resolution of such claim under the procedure hereinafter set forth:
A. 
Any claimant shall file a notice of the claim with the Committee which shall fully describe the nature of the claim. The Committee shall review the claim and make an initial determination approving or denying the claim.
B. 
If the claim is denied in whole or in part, the Committee shall, within 90 days (or such other period as may be established by applicable law) from the time the application is received, mail notice of such denial to the claimant. Such ninety-day period may be extended by the Committee, if special circumstances so require, for up to 90 additional days by the Committee's delivering notice of such extension to the claimant within the first ninety-day period. Any notice hereunder shall be written in a manner calculated to be understood by the claimant and, if a notice of denial, shall set forth the specific plan provisions on which the denial is based; an explanation of additional material or information, if any, necessary to perfect such claim, and a statement of why such material or information is necessary; and an explanation of the review procedure.
C. 
Upon receipt of notice denying the claim, the claimant shall have the right to request a full and fair review by the Board of the initial determination. Such request for review must be made by notice to the Board within 60 days of receipt of such notice of denial. During such review, the claimant or a duly authorized representative shall have the right to review any pertinent documents and to submit any issues or comments in writing. The Board shall, within 60 days after receipt of the notice requesting such review, (or in special circumstances, such as where the Board in its sole discretion holds a hearing, within 120 days of receipt of such notice), submit its decision in writing to the person or persons whose claim has been denied. The decision shall be final, conclusive and binding on all parties, shall be written in a manner calculated to be understood by the claimant and shall contain specific references to the pertinent plan provisions on which the decision is based.
D. 
Any notice of a claim questioning the amount of a benefit in pay status shall be filed within 90 days following the date of the first payment which would be adjusted if the claim is granted, unless the Committee allows a later filing for good cause shown.
E. 
A claimant who does not submit a notice of a claim or a notice requesting a review of a denial of a claim within the time limitations specified above shall be deemed to have waived such claim or right to review.