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These excerpts taken from the T 10-K filed Feb 27, 2008. 3.2 Claims
Procedure.
Subject to
the authority of the Committee over the Plan, AT&T shall appoint a Claims
Board to adjudicate claims brought by or in respect to Participants and their
beneficiaries relating to benefits under the Plan. A Participant may
apply in writing to the Claims Board to make a claim under this
Plan. The Claims Board shall provide written notice within 90 days to
a Participant whose claim hereunder has been denied, setting forth reasons for
such denial or explaining that an extension of the time for processing the claim
is necessary, written in a manner calculated to be understood by such
person. After receipt of such notice, or expiration of 90 days
without any response from the Claims Board, the Participant may appeal the
decision in writing to the Senior Executive Vice President of AT&T in charge
of Human Resources, or to the person’s successor, within 90 days, except that if
the Participant is an Insider, as that term is used in the 2001 Incentive Plan,
then the Participant's appeal shall be to the Committee. The
Participant shall receive written notice within 60 days of the resolution of the
appeal, and if denied, setting forth reasons for the denial or explaining that
an extension of time for processing the appeal is necessary, written in a manner
calculated to be understood by such person. If no notice of the
decision on the Participant’s appeal is furnished within the required time
frame, the appeal will be deemed denied. The Participant shall
receive a full and fair review of the decision denying the claim in accordance
with the requirements of ERISA.
All
interpretations, determinations and decisions of the Claims Board with respect
to any claim, including without limitation the appeal of any claim, shall be
made by the Claims Board, in its sole discretion, based on the Plan and
comments, documents, records, and other information presented to it, and shall
be final, conclusive and binding.
The claims
procedures set forth in this section are intended to comply with United States
Department of Labor Regulation § 2560.503-1 and should be construed in
accordance with such regulation. In no event shall it be interpreted
as expanding the rights of claimants beyond what is required by United States
Department of Labor Regulation § 2560.503-1.
3.3 Claims
Procedure.
Subject
to the authority of the Committee over the Plan, AT&T shall appoint a Claims
Board to adjudicate claims brought by or in respect to Participants and their
beneficiaries relating to benefits under the Plan. A Participant may
apply in writing to the Claims Board to make a claim under this
Plan. The Claims Board shall provide written notice within 90 days to
a Participant whose claim hereunder has been denied, setting forth reasons for
such denial or explaining that an extension of the time for processing the claim
is necessary, written in a manner calculated to be understood by such
person. After receipt of such notice, or expiration of 90 days
without any response from the Claims Board, the Participant may appeal the
decision in writing to the Senior Executive Vice President of AT&T in charge
of Human Resources, or to the person’s successor, within 90 days, except that if
the Participant is an Insider, as that term is used in the 2001 Incentive Plan,
then the Participant's appeal shall be to the Committee. The
Participant shall receive written notice within 60 days of the resolution of the
appeal, and if denied, setting forth reasons for the denial or explaining that
an extension of time for processing the appeal is necessary, written in a manner
calculated to be understood by such person. If no notice of the
decision on the Participant’s appeal is furnished within the required time
frame, the appeal will be deemed denied. The Participant shall receive a full
and fair review of the decision denying the claim in accordance with the
requirements of ERISA.
All
interpretations, determinations and decisions of the Claims Board with respect
to any claim, including without limitation the appeal of any claim, shall be
made by the Claims Board, in its sole discretion, based on the Plan and
comments, documents, records, and other information presented to it, and shall
be final, conclusive and binding.
The
claims procedures set forth in this section are intended to comply with United
States Department of Labor Regulation § 2560.503-1 and should be construed
in accordance with such regulation. In no event shall it be
interpreted as expanding the rights of claimants beyond what is required by
United States Department of Labor Regulation § 2560.503-1.
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