§ 54-161. Claims procedure.

A participant or beneficiary who feels he is being denied any benefit or right provided under the plan shall have the right to file a written claim with the retirement committee. All such claims shall be submitted on a form provided by the retirement committee which shall be signed by the claimant and shall be considered filed on the date the claim is received by the retirement committee.

Upon the receipt of such a claim and in the event the claim is denied, the retirement committee shall, within a reasonable period of time, provide such claimant a written statement which shall be delivered or mailed to the claimant by certified or registered mail to his last known address, which statement shall contain the following:

(1)

The specified reason or reasons for the denial of benefits;

(2)

A specific reference to the pertinent provisions of the plan upon which the denial is based;

(3)

A description of any additional material or information which is necessary; and

(4)

An explanation of the review procedure provided below.

Within 90 days after receipt of a notice of denial of benefits as provided above, the claimant or his authorized representative may request, in writing, to appear before the retirement committee for a review of his claim. In conducting its review, the retirement committee shall consider any written statement or other evidence presented by the claimant or his authorized representative in support of his claim. The retirement committee shall give the claimant and his authorized representative reasonable access to all pertinent documents necessary for the preparation of his claim.

Within 60 days after receipt by the retirement committee of a written request for review of his claim, or in the event of special circumstances which require an extension of time for processing such application for review, but not later than 120 days after receipt of such application, the retirement committee shall notify the claimant of its decision by delivery or by certified or registered mail to his last known address. The decision of the retirement committee shall be in writing and shall include the specific reasons for the decision presented in a manner calculated to be understood by the claimant and shall contain references to all relevant plan provisions on which the decision was based. The decision of the retirement committee shall be final and conclusive.

(Ord. No. 2003-27, § 1, 7-15-03)