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Pension SPD Design Element

C. Appeal of Claim Denial.

Your written appeal must state the specific reasons the denial of the claim was in error. You may submit supporting documents or records, and you have the right to representation throughout the review procedure.

The review normally will be held and a decision rendered by the Board of Trustees by the next regularly scheduled Trust meeting, unless the appeal is received within thirty days of such meeting or special circumstances exist requiring additional time. You may request, or may be requested by the Board of Trustees, to appear at a hearing on your appeal. The Board of Trustees has the sole discretion, however, to decide whether to hold a hearing and whether to invite you to a meeting.

The Trustees hall have full authority and discretion to construe, interpret and apply all provisions of the Plan and to determine all questions that may arise hereunder, including all questions relating to your eligibility to participate in the Plan, the amount of any benefit to which you or any Alternate Payee, Beneficiary or spouse may become entitled hereunder and to determine all appeals subsequent to any determination upon application for benefits. Specifically, the Trustees shall have full and complete authority and discretion to make any determinations or findings of facts regarding any claims and appeals of any benefit determinations.

The decision on review will be in writing and, if your appeal is denied, will include a specific reason for the denial, and if applicable, may indicate if additional information might help your claim or appeal. Upon exhausting these procedures, if you are still not satisfied, you may file a lawsuit in federal court. No legal action may be commenced or maintained against the Plan, Trust, Board of Trustees, individual Trustees, or other persons or entities involved with the decision on appeal more than two years after the Trustees' decision on the appeal.

In connection with an appeal, you may review pertinent documents in the Plan Office after making appropriate arrangements or you may request that documents be provided to you. The Plan may charge you $.25 per page to copy documents for you, which must be paid in advance.