Dell 2003 Annual Report Download - page 162

(h) To make a determination in its sole discretion as to the right of any person to a benefit under the Plan and to prescribe procedures to be followed by
distributees in obtaining benefits hereunder; and
(i) To receive and review reports from the Trustee as to the financial condition of the Trust Fund, including its receipts and disbursements.
9.5 Claims Review.
(a) In any case in which a claim for Plan benefits of a Participant or beneficiary is denied or modified, the Committee shall furnish written notice to the
claimant within ninety days (or within 180 days if additional information requested by the Committee necessitates an extension of the ninety-day
period and, in which case, the claimant shall be informed of such extension prior to the end of the initial ninety-day period), which notice shall:
(1) State the specific reason or reasons for the denial or modification;
(2) Provide specific reference to pertinent Plan provisions on which the denial or modification is based;
(3) Provide a description of any additional material or information necessary for the Participant, his beneficiary, or representative to perfect the claim
and an explanation of why such material or information is necessary; and
(4) Explain the Plan's claim review procedure as contained herein.
(b) In the event a claim for Plan benefits is denied or modified, if the Participant, his beneficiary, or a representative of such Participant or beneficiary
desires to have such denial or modification reviewed, he must, within sixty days following receipt of the notice of such denial or modification, submit
a written request for review by the Committee of its initial decision. In connection with such request, the Participant, his beneficiary, or the
representative of such Participant or beneficiary may review any pertinent documents upon which such denial or modification was based and may
submit issues and comments in writing. Within sixty days following such request for review the Committee shall, after providing a full and fair
review, render its final decision in writing to the Participant, his beneficiary, or the representative of such Participant or beneficiary stating specific
reasons for such decision and making specific references to pertinent Plan provisions upon which the decision is based. If special circumstances
require an extension of such sixty-day period, the Committee's decision shall be rendered as soon as possible, but not later than 120 days after receipt
of the request for review. If an extension of time for review is required, written notice of the extension shall be furnished to the Participant,
beneficiary, or the representative of such Participant or beneficiary prior to the commencement of the extension period.
(c) Compliance with the claims review procedures set forth in this Section shall be a condition precedent to the filing of a lawsuit by a Participant, his
beneficiary, or any person claiming through a participant or beneficiary in connection with a Plan
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