The administration of the plan and the operation
of the pension fund shall be directed and supervised by the Board.
The Board may appoint a committee or an individual to administer the
provisions of the plan. The Plan Administrator may delegate authority
to act on its behalf to any persons it deems appropriate. If the Board
does not appoint a Plan Administrator, the Board shall be the Plan
Administrator.
A.
The Plan Administrator 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
Plan Administrator or any action of the Plan Administrator 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 Plan Administrator
is authorized to:
(1)
Construe this plan;
(2)
Determine all questions affecting the eligibility
of any employee to participate herein;
(3)
Compute the amount and source of any benefit payable
hereunder to any participant or beneficiary;
(4)
Authorize any and all disbursements;
(5)
Prescribe any procedure to be followed by any participant
and/or other person in filing any application or election;
(6)
Prepare and distribute, in such manner as may be required
by law or as the Plan Administrator deems appropriate, information
explaining the plan;
(7)
Require from the employer or any participant such
information as shall be necessary for the proper administration of
the plan; and
(8)
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.
B.
The Plan Administrator 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 Plan Administrator 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 Plan Administrator shall serve without compensation
for services unless otherwise agreed by the Board in writing. All
reasonable expenses incident to the functioning of the Plan Administrator,
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 nor the Plan Administrator
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 person and each successor and each of any such
individual's heirs, executors and administrators, and the Plan Administrator'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 Plan Administrator, 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 Plan Administrator, which shall fully describe the nature of the
claim. The Plan Administrator 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 Plan
Administrator 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 Plan Administrator if special circumstances
so require, for up to 90 additional days, by the Plan Administrator'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:
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 Plan Administrator 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.
F.
Nothing contained herein is intended to abridge any right of a claimant to appeal any final decision hereunder to a court of competent jurisdiction under 2 Pa.C.S.A. § 752. No decision hereunder is a final decision from which such an appeal may be taken until the entire appeal procedure of this § 60-111 of the plan has been exhausted.
