6.5. ERMUSR 01-15-2008 - Laserfiche WebLink

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representative with any and all necessary forms. Prior to making any payment of benefits under this Plan, the Claims Administrator may require the Participant to provide such information to complete such appropriate documents or forms as necessary for the proper administration of this Plan. The Claims Administrator may rely upon all such information furnished to it, including Participant's mailing address. 6.8 Claims Review Procedure. (a) Third Party Benefits. The claims requirements and appeal procedures regarding benefits available from third parties shall be handled in accordance with the governing documents for those benefits. (b) Other Benefits. For benefits other than those described in (a), the Claims Administrator shall notify the claimant within thirty (30) days after a claim for benefits is filed, the claim will either have been paid or the Claims Administrator will notify you that it has been denied. If the Claims Administrator denies the claim, the individual shall be provided with the following information in writing: (1) the specific reasons for the denial; and (2) a description of any additional material or information necessary to complete the claim, and an explanation of why such material or information is necessary. 6.9 Authorization of Benefit Payments. The Plan Administrator shall issue directions to the Employer concerning all benefits which are to be paid from the Employer's assets, pursuant to the provisions of the Plan, and warrants that all such directions are in accordance with the Plan. 6.10 Facility of Payment. Whenever, in the Plan Administrator's opinion, a person entitled to receive any payment of a benefit or installment under the Plan is under a legal disability or is incapacitated in any way so as to be unable to manage their financial affairs, the Plan Administrator may request the Employer to make payments to such person, or the Plan Administrator may request the Employer to apply the payment for the benefit of such person in such manner as the Plan Administrator considers advisable. Any payment of a benefit, or installment, in accordance with the provisions of this Section, shall be a complete discharge of any liability for the making of such payment under the provisions of the Plan. 6.11 Other Powers and Duties of the Administrator. The Plan Administrator shall also have such other duties and powers as may be necessary to discharge its duties under the Plan including, but not limited to, the following: (a) discretion to construe and interpret the Plan in anon-discriminatory manner, to decide all questions of eligibility, except to the extent the eligibility determinations are governed by an insurance policy, and to determine all questions arising in the administration and application of the Plan; (b) to receive from the Employer and from Participants such information as shall be necessary for the proper administration of the Plan; (c) to furnish the Employer, upon request, such annual reports with respect to the administration of the Plan as are reasonable and appropriate; and (d) to appoint individuals to assist in the administration of the Plan and any other agents he or she deems advisable, including legal and actuarial counsel. The Plan Administrator shall not have the power to add to, subtract from, or modify any of the terms of the Plan, to change or add to any benefits provided by the Plan, or to waive or fail to apply any requirements of eligibility for a benefit under this Plan. 6.12 Indemnification. To the maximum extent allowed by, and in accordance with, applicable law, the Employer shall indemnify and hold harmless any Employee that is deemed to be a fiduciary ©2007 Hitesman & Associates, P.A. 15 Elk River Municipal Utilities 122707 Flexible Benefits Plan