Claims and Review Procedures Contract Clauses (29)

Grouped Into 1 Collection of Similar Clauses From Business Contracts

This page contains Claims and Review Procedures clauses in business contracts and legal agreements. We have organized these clauses into groups of similarly worded clauses.
Claims and Review Procedures. 11.1 Claims Procedure. Any person or entity ("claimant") who has not received benefits under this Plan that he or she believes should be paid shall make a claim for such benefits as follows: 11.1.1 Initiation – Written Claim. The claimant initiates a claim by submitting to the Bank a written claim for the benefits. 11.1.2 Timing of Bank Response. The Bank shall respond to such claimant within 90 days after receiving the claim. If the Bank determines that special circumstances require additional ...time for processing the claim, the Bank can extend the response period by an additional 90 days by notifying the claimant in writing, prior to the end of the initial 90-day period that an additional period is required. The notice of extension must set forth the special circumstances and the date by which the Bank expects to render its decision. 11.1.3 Notice of Decision. If the Bank denies part or all of the claim, the Bank shall notify the claimant in writing of such denial. The Bank shall write the notification in a manner calculated to be understood by the claimant. The notification shall set forth: (a) The specific reasons for the denial, (b) A reference to the specific provisions of this Plan on which the denial is based, 8 (c) A description of any additional information or material necessary for the claimant to perfect the claim and an explanation of why it is needed, (d) An explanation of this Plan's review procedures and the time limits applicable to such procedures, and (e) A statement of the claimant's right to bring a civil action under ERISA Section 502(a) following an adverse benefit determination on review. 11.2 Review Procedure. If the Bank denies part or all of the claim, the claimant shall have the opportunity for a full and fair review by the Bank of the denial, as follows: 11.2.1 Initiation – Written Request. To initiate the review, the claimant, within 60 days after receiving the Bank's notice of denial, must file with the Bank a written request for review. 11.2.2 Additional Submissions – Information Access. The claimant shall then have the opportunity to submit written comments, documents, records and other information relating to the claim. The Bank shall also provide the claimant, upon request and free of charge, reasonable access to, and copies of, all documents, records and other information relevant (as defined in applicable ERISA regulations) to the claimant's claim for benefits. 11.2.3 Considerations on Review. In considering the review, the Bank shall take into account all materials and information the claimant submits relating to the claim, without regard to whether such information was submitted or considered in the initial benefit determination. 11.2.4 Timing of Bank Response. The Bank shall respond in writing to such claimant within 60 days after receiving the request for review. If the Bank determines that special circumstances require additional time for processing the claim, the Bank can extend the response period by an additional 60 days by notifying the claimant in writing, prior to the end of the initial 60-day period that an additional period is required. The notice of extension must set forth the special circumstances and the date by which the Bank expects to render its decision. 11.2.5 Notice of Decision. The Bank shall notify the claimant in writing of its decision on review. The Bank shall write the notification in a manner calculated to be understood by the claimant. The notification shall set forth: (a) The specific reasons for the denial, (b) A reference to the specific provisions of this Plan on which the denial is based, (c) A statement that the claimant is entitled to receive, upon request and free of charge, reasonable access to, and copies of, all documents, records and other information relevant (as defined in applicable ERISA regulations) to the claimant's claim for benefits, and (d) A statement of the claimant's right to bring a civil action under ERISA Section 502(a). View More
Claims and Review Procedures. 11.1 (a) Claims Procedure. Any person or entity Eligible Executive ("claimant") who has not received benefits under this the Plan that he or she believes should be paid shall may make a claim for such benefits benefits. With respect to other claims under the Plan, the Company will adjudicate such claims as follows: 11.1.1 (i) Initiation – Written Claim. The claimant initiates a claim by submitting to the Bank Company a written claim for the benefits. 11.1.2 (ii) Timing of Bank Company Response. ...The Bank shall Company will respond to such claimant within 90 days after receiving the claim. If the Bank Company determines that special circumstances require additional time for processing the claim, the Bank can Company may extend the response period by an additional 90 days by notifying the claimant in writing, prior to the end of the initial 90-day period period, that an additional period is required. The notice of extension must set forth the special circumstances and the date by which the Bank Company expects to render its decision. 11.1.3 (iii) Notice of Decision. If the Bank Company denies part or all of the entire claim, the Bank shall Company will notify the claimant in writing of such denial. The Bank shall Company will write the notification in a manner calculated to be understood by the claimant. The notification shall will set forth: (a) (A) The specific reasons for the denial, (b) (B) A reference to the specific provisions of this the Plan on which the denial is based, 8 (c) (C) A description of any additional information or material necessary for the claimant to perfect the claim and an explanation of why it is needed, (d) (D) An explanation of this the Plan's review procedures and the time limits applicable to such procedures, and (e) (E) A statement of the claimant's right to bring a civil action under ERISA Section 502(a) of ERISA following an adverse benefit determination on review. 11.2 (b) Review Procedure. If the Bank Company denies part or all of the entire claim, the claimant shall will have the opportunity for a full and fair review by the Bank Company of the denial, as follows: 11.2.1 (i) Initiation – Written Request. To initiate the review, the claimant, within 60 days after receiving the Bank's Company's notice of denial, must file with the Bank Company a written request for review. 11.2.2 (ii) Additional Submissions – Information Access. The claimant shall will then have the opportunity to submit written comments, documents, records and other information relating to the claim. The Bank shall Company will also provide the claimant, upon request and free of charge, reasonable access to, and copies of, all documents, records and other information relevant (as defined in applicable ERISA regulations) to the claimant's claim for benefits. 11.2.3 (iii) Considerations on Review. In considering the review, the Bank shall Company will take into account all materials and information the claimant submits relating to the claim, without regard to whether such information was submitted or considered in the initial benefit determination. 11.2.4 (iv) Timing of Bank Company Response. The Bank shall Company will respond in writing to such claimant within 60 days after receiving the request for review. If the Bank Company determines that special circumstances require additional time for processing the claim, the Bank can Company may extend the response period by an additional 60 days by notifying the claimant in writing, prior to the end of the initial 60-day period period, that an additional period is required. The notice of extension must set forth the special circumstances and the date by which the Bank Company expects to render its decision. 11.2.5 (v) Notice of Decision. The Bank shall Company will notify the claimant in writing of its decision on review. The Bank shall Company will write the notification in a manner calculated to be understood by the claimant. The notification shall will set forth: (a) (A) The specific reasons for the denial, (b) (B) A reference to the specific provisions of this the Plan on which the denial is based, (c) (C) A statement that the claimant is entitled to receive, upon request and free of charge, reasonable access to, and copies of, all documents, records and other information relevant (as defined in applicable ERISA regulations) to the claimant's claim for benefits, and (d) (D) A statement of the claimant's right to bring a civil action under ERISA Section 502(a). 502(a) of ERISA. View More
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