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<br />does not notify the Participant of the denial of the claim within the 90 day <br />period specified above, then the claim shall be deemed denied. The notice of <br />a denial of a claim shall be written in a manner calculated to be understood <br />by the claimant and shall set forth: <br /> <br />(1) specific references to the pertinent Plan provisions on which <br />the denial is based; <br /> <br />(2) a description of any additional material or information <br />necessary for the claimant to perfect the claim and an explanation as <br />to why such information is necessary; and <br /> <br />(3) an explanation of the Plan's claim procedure. <br /> <br />(b) Within 60 days after receipt of the above material, the claimant <br />shall have a reasonable opportunity to appeal the claim denial to the <br />Administrator for a full and fair review. The claimant or his duly authorized <br />representative may: <br /> <br />(1) request a review upon written notice to the Administrator; <br /> <br />(2) review pertinent documents; and <br /> <br />(3) submit issues and comments in writing. <br /> <br />(c) A decision on the review by the Administrator will be made not <br />later than 60 days after receipt of a request for review, unless special <br />circumstances require an extension of time for processing (such as the need <br />to hold a hearing), in which event a decision should be rendered as soon as <br />possible, but in no event later than 120 days after such receipt. The decision <br />of the Administrator shall be written and shall include specific reasons for the <br />decision, written in a manner calculated to be understood by the claimant, <br />with specific references to the pertinent Plan provisions on which the decision <br />is based. <br /> <br />(d) Any balance remaining in the Participants' Health Care <br />Reimbursement Fund or Dependent Care Assistance Account as of the end <br />of each Plan Year shall be forfeited and deposited in the benefit plan surplus <br />of the Employer pursuant to Section 6.3 or Section 7.8, whichever is <br />applicable, unless the Participant had made a claim for such Plan Year, in <br />writing, which has been denied or is pending; in which event the amount of <br />the claim shall be held in his account until the claim appeal procedures set <br />forth above have been satisfied or the claim is paid. If any such claim is <br />denied on appeal, the amount held beyond the end of the Plan Year shall be <br />forfeited and credited to the benefit plan surplus. <br /> <br />22 <br />