280.90 PLAN ADMINISTRATOR
The Plan Administrator shall be the Committee or the individual appointed by the Board who shall have the power and authority to do all acts and to execute, acknowledge, and deliver all instruments necessary to implement and effectuate the purpose of this 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.
280.91 PENSION COMMITTEE
The Board may appoint a Pension Plan Committee to administer the affairs of the plan. If a Pension Plan Committee is appointed, the Board shall delegate such authority as it shall deem appropriate to the Committee. The Committee shall consist of not more than five members. Each member of the 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 Committee. Vacancies on the Committee shall be filled by the Board; provided, however, that the remaining members of the Committee shall have full power to act pending the filling of such vacancies.
280.92 AUTHORITY AND DUTIES OF 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:
(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 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 Plan Administrator 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 Section 280.56.
(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, ament, 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.
280.93 PENSION PLAN COMMITTEE ORGANIZATION
If a Committee is appointed, it may organize itself in any manner deemed appropriate to effectuate its purposes hereunder, provided that it shall operate and act by a majority of its members at the time in office either by vote at a meeting or in writing without a meeting. The Committee shall appoint a Chairman, a Secretary who may, but need not be, a Committee member, and such other agents as it may deem advisable. The Committee may 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 each such member so authorized; however, if no such member is so authorized, 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. The Committee shall meet at least one time in each plan year, and it 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, reports, or documents as may be required to be filed with any governmental agency or department and with the participants or other persons entitled to benefits under the plan.
280.94 PLAN ADMINISTRATOR COSTS
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.
280.95 HOLD HARMLESS
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.
280.96 APPROVAL OF BENEFITS
The Plan Administrator shall review and approve or deny any application for retirement benefits within thirty 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.
280.97 APPEAL PROCEDURE
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 ninety 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 ninety 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 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 sixty 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 sixty 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 ninety 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. Section 752. No decision hereunder is a final decision from which such an appeal may be taken until the entire appeal procedure of this section of the plan has been exhausted.