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02-08-1999 Council Packet
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02-08-1999 Council Packet
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by filing a petition for review within sixty (60) days after receipt by the Participant of.the <br />notice issued by the Employer. That petition shall state the specific reasons the <br />Participant believes he is entitled to benefits or greater or different benefits. Within sixty <br />(60) days after receipt of that petition, the Employer shall afford the Participant (and the <br />Participant's counsel, if any) an opportunity to present the Participant’s position to the <br />Employer orally or in writing, and the Participant (or the Participant’s counsel) shall <br />have the right to review the pertinent documents. The Employer shall notify the <br />Participant of its decision in writing within said sixty-day period, stating specifically the <br />basis of said decision written in a manner calculated to be understood by the <br />Participant and the specific provisions of the Plan on which the decision is based. If, <br />because of the need for a hearing, the sixty-day period is not sufficient, the decision <br />may be deferred for up to another sixty-day period at the election of the Employer, but <br />notice of this deferral shall be given to the Participant. In the event of the death of a <br />Participant, the same procedure shall be applicable to the Participant’s beneficiaries. <br />Article VII. Administration and Finances <br />Section 7.1 Administration. The Employer shall be the administrator of the Plan, <br />and, as such, has total and complete discretionary authority to determine conclusively <br />for all parties all questions arising in the administration of the Plan. The Employer shall <br />have all powers necessary to administer the Plan, including, without limitation, powers: <br />(a) to interpret the provisions of the Plan; <br />(b) to establish and revise the method of accounting for the Plan and <br />to maintain the accounts: <br />(c) to establish rules for the administration of the Plan and to prescribe <br />any forms required to administer the Plan; and <br />(d) to change plans, contracts or policies and/or Insurers or other <br />providers of benefits described in Sections 5.2 of the Plan. <br />Section 7.2 Delegation. The Employer shall have the power, by resolution of its <br />governing body, to delegate specific duties and responsibilities. Such delegations may <br />be to officers or other employees of the Employer or to other Individuals or entities. Any <br />delegation by the Employer, if specifically stated, may allow further delegations by the
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