Claims and Appeal Procedures

Judicial Review

The Claimant must timely pursue and exhaust all of the claim and appeal rights described above before seeking any other legal recourse regarding claims for benefits. The Claimant may not bring any action at law or in equity to recover benefits under the terms of the Plan, to enforce the Claimant’s rights under the terms of the Plan, or to clarify the Claimant’s right to future benefits under the terms of the Plan unless and until the appeal rights described above have been exercised and the benefits requested in such appeal have been denied in whole or in part (or there is any other adverse benefit determination). If the Claimant wishes to seek judicial review of any adverse determination, the Claimant must file a civil action under Section 502(a) of ERISA within the one-year period beginning on the earliest of: (i) the date that the statute of limitations would commence under applicable law, (ii) the date upon which the Claimant knew or should have known that the Claimant did not receive all amounts due under the Plan, or (iii) the date on which the Claimant fully exhausted the Plan’s administrative remedies – that is, by the later of the date on which an adverse determination on review is issued or the last day on which a final decision should have been issued – or the Claimant will be forever prohibited from commencing such action. Any judicial proceeding may only be brought in the United States District Court – Southern District of New York, and the record and arguments presented to a court will be strictly limited to the record and arguments timely presented to or considered by the Appeals Reviewer. If a court with jurisdiction determines based on controlling law that such venue is unenforceable, any judicial proceeding commenced, may only be brought in the United States District Court where you reside.