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Annuity Plan

 
Right to Appeal and Determination of Disputes
  1. No Participant, Annuitant, Beneficiary or other person shall have any right or claim to benefits under the Annuity Plan, other than as specified in the Annuity Plan. If any person shall have a dispute with the Board of Trustees as to eligibility, type, amount or duration of such benefits, the dispute shall be resolved by the Board of Trustees under and pursuant to the Annuity Plan, and its decision of the dispute shall be final and binding upon all parties hereunder.
  2. Any person whose application for benefits under the Annuity Plan has been denied, in whole or in part, by the Board of Trustees, or whose claim to benefits is otherwise denied by the Board of Trustees, shall be notified of such decision, in writing by the Board of Trustees and may petition the Board of Trustees to reconsider its decision. A petition for reconsideration shall be in writing, shall state in clear and concise terms the reason or reasons for disagreement with the decision of the Board of Trustees, and shall be filed with or received by the Fund Office within 60 days after the date shown on the notice to the petitioner of the decision of the Board of Trustees.

    Upon good cause, the Board of Trustees may permit the petition to be amended or supplemented. The failure to file a petition for reconsideration within such 60-day period shall constitute a waiver of the claimant’s right to reconsideration of the decision on the basis of the information and evidence submitted prior to the decision. Such failure shall not, however, preclude the applicant or claimant from establishing his entitlement at a later date, based on additional information and evidence which was not available to him at the time of the decision of the Board of Trustees.
  3. Upon receipt of a petition for reconsideration the Board of Trustees, or a Committee appointed by the Board of Trustees and authorized to act on such petitions, shall proceed to review the administrative file, including the petition for reconsideration and its contents. A decision by the Board of Trustees shall be made promptly and not later than 60 days after receipt of the petition by the Fund Office unless special circumstances (such as the petitioner’s right to request a hearing) required an extension of time for processing, in which case the petitioner shall be advised of the extension of time for processing in writing and a decision shall be rendered as soon as possible, but not later than 120 days after receipt of the request for review. The petitioner shall be advised of the decision of the Board of Trustees in writing.
  4. The decision of the Board of Trustees with respect to petition for reconsideration shall be final and binding upon all parties, including the petitioner and any person claiming under the petitioner. The provisions of this Section shall apply to and include any and every claim to benefits from the Plan, and any claim or right asserted under or against the Plan, regardless of the basis asserted for the claim and regardless of when the act or omission occurred upon which the claim is based.

References to specific section(s) of the Plan can be found in the Official Plan Document under Plan Documents on this website.

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