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ADMINISTRATION OF THE PENSION PLAN The Pension Plan is administered solely by the Trustees and the Plan Administrator acting for the Trustees. The Trustees (and Plan Administrator acting for the Trustees) have the exclusive discretionary authority to interpret and construe all terms of the Plan, to decide all questions regarding eligibility for benefits and to determine the amount of such benefits, and their decisions on such matters (subject to the Appeal Procedures described in Section XI) will be final and binding. The Trustees may make such rules and prescribe such procedures for the administration of the Pension Plan, as they may deem necessary and reasonable. The Administrator of the Pension Plan is William J. Einhorn as appointed by the Trustees. Mr. Einhorn will serve until the Trustees appoint a successor and the name of the successor is communicated to the participants of the Plan. No person is authorized to give an opinion as to the interpretation of any provision of the Plan except the Administrator or his delegate. Such delegate is not authorized to give an opinion as to the interpretation of any provision of the Plan until his name is communicated to the participants of the Plan. The Trustees may contract for such investment, actuarial, legal, medical, accounting, clerical and other services as they deem necessary to carry out the administration of the Pension Plan. The cost of such services and expenses of the Trustees are paid from the Trust Fund, as are premiums that must be paid to the Pension Benefit Guaranty Corporation under Title IV of ERISA. Bonding required by ERISA and insurance permitted by ERISA are also paid from the Trust Fund. No employee, retired employee or any other person shall have any right, interest or title to any benefit under the Pension Plan except to the extent such right, interest or title is specifically granted pursuant to the terms of the Plan. The Trustees have the right to require you to provide, before benefits are paid, such information as they may consider necessary, including records of employment and Social Security verification, proofs of dates of birth and death, evidence of existence and other information to determine your pension or benefit claim. No benefit which depends upon any of this information will be payable until the information is furnished. All applications for benefits including any benefits payable under any reciprocal agreements with other plans must be made in writing and in the form and manner required by the Trustees. Any misrepresentation by the applicant will constitute grounds for the denial of all benefits, for the cancellation or recovery of benefit payments made in reliance on the statements made. In the event that the Trustees determine that a retired employee is physically or mentally unable to give a valid receipt for any benefit payments due him under the Pension Plan, benefit payments may be made to any person or institution who or which, in the judgment of the Trustees, is providing for the care and maintenance of such retired employee. The Trustees will not make such payment if a claim shall have been made by a legally appointed guardian, committee or other legal representative for the benefit payments in question. |
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