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© 2019 Hitesman & Wold, P.A. MEDSURETY, LLC Cafeteria Plan 1-888-816-4234, www.medsurety.com Basic Plan Document 24 Administrator’s designee. The appeal shall state the specific reasons the Participant believes he or she is entitled to benefits or greater or different benefits. Within sixty (60) days after receipt of the appeal, the Plan Administrator, or Plan Administrator’s designee, shall afford the Participant (and the Participant's counsel, if any) an opportunity to present the Participant's position to the Plan Administrator, or Plan Administrator’s designee, orally or in writing, and the Participant (or the Participant's counsel) shall have the right to review the pertinent documents. (c) Decision on Appeal. The Plan Administrator shall notify the Participant of its decision on appeal in writing within said sixty (60) day period of said decision. If it is determined that a person is not eligible for benefits or for full benefits the notice shall set forth: (1) The specific reasons for the denial; (2) A specific reference to the provision of the Plan on which the denial is based; (3) A statement of the Participant’s right to review (on request and at no charge) relevant documents and other information; (4) If the Plan Administrator relied on “internal rule, guideline, protoc ol, or other similar criterion” in making the decision, a description of the specific rule, guideline, protocol, or other similar criterion or a statement that such a rule, guideline, protocol, or other similar criterion was relied on and that a copy of such rule, guideline, protocol, or other similar criterion will be provided free of charge to you upon request; and (5) If the Optional Benefit is subject to ERISA, a statement of the Participant’s right to bring suit under ERISA § 502(a). In the event of the death of a Participant, the same procedure shall be applicable to the Participant's beneficiaries. 6.10 Authorization of Benefit Payments. The Plan Administrator shall issue directions to the Employer concerning all benefits which are to be paid from the Employer’s assets, pursuant to the provisions of the Plan, and shall warrant at the time the directions are provided that all such directions are in accordance with the Plan. 6.11 Overpayments. If a payment for benefits is made by the Plan in excess of the benefit to which a Participant is entitled under the Plan, the Plan shall have the right to recover such overpayment from the Participant. Repayment of an overpayment is a condition of participation in the Plan. 6.12 Inability to Locate Payee. (a) Entities Subject to ERISA. If benefits are due under this Plan and the Plan Administrator is unable, after reasonable attempts to do so, to locate the Participant to whom such benefits are payable, such benefits shall be forfeited in accordance with Section 5.7. For purposes of the foregoing, the Plan Administrator shall be deemed to be unable to locate a Participant if a check issued for benefits payable under the Plan has been sent to the payee’s last known address and has not been cashed within twelve (12) months of its date of issuance (b) Entities Not Subject to ERISA: If benefits are due under this Plan and the Plan Administrator is unable, after reasonable attempts to do so, to locate the Participant to whom such benefits are payable, such benefits shall be handled in accor dance with