13 (d) Your claim for review must be given a full and fair review. This review will take into account all comments, doc uments, records, and other information submitted by you relating to your claim, without regard to whether such information was submit ted or considered in the initial benefit determination. In addition to the claims review procedure above, if your claim is for disability benefits and disability is determined by the Plan Administrator (rather than a third party such as the Social Security Administration), then: (a) Your claim will be reviewed without deference to the initial adverse benefit determination an d the review will be conducted by an appropriate named fiduciary of the Plan who is neither the individual who made the adverse benefit determination that i s the subject of the appeal, nor the subordinate of such individual. (b) If the initial adverse ben efit determination was based on a medical judgment, including determinations with regard to whether a particular treatment, drug, or other item is experimental, investigational, or not medically necessary or appropria te, the fiduciary will consult with a h ealth care professional who was neither involved in or subordinate to the person who made the original benefit determination. This health care professional will have appropriate training and experience in the field of m edicine involved in the medical judgm ent. Additionally, medical or vocational experts whose advice was obtained on behalf of the Plan in connection with the initial determination will be identified. (c) Any medical or vocational experts whose advice was obtained on behalf of the Plan in conn ection with your adverse benefit determination will be identified, without regard to whether the advice was relied upon in making the benefit determination. (d) If the Plan considers, relies upon or creates any new or additional evidence during the review of the adverse benefit determination, the Plan will provide such new or additional evidence to you, free of charge, as soon as possible and sufficie ntly in advance of the time within which a determination on review is required to allow you time to respond . (e) Before the Plan issues an adverse benefit determination on review that is based on a new or additional rationale, the Plan Administrator must provide you with a copy of the rationale at no cost to you. The rationale must be provided as soon as poss i ble and sufficiently in advance of the time within which a final determination on appeal is required to allow you time to respond . The Plan Administrator will provide you with written or electronic notification of the Plan's benefit determination on revie w. The Plan Administrator must provide you with notification of this denial within 60 days (45 days with respect to claims relating to th e determination of disability benefits) after the Plan Administrator's receipt of your written claim for review, unless the Plan Administrator determines that special circumstances require an extension of time for processing your claim. In such a case, you will be not ified, before the end of the initial review period, of the special circumstances requiring the extension an d the date a decision is expected. If an extension is provided, the Plan Administrator must notify you of the determination on review no later than 120 days (or 90 days with respect to claims relating to the determination of disability benefits) . The Plan Administrator will provide written or electronic notification to you in a culturally and linguistically appropriate manner. I f the initial adverse benefit determination is upheld on review, the notice will include: (a) The specific reason or reasons for the adverse determination. (b) Reference to the specific Plan provisions on which the benefit determination was based. (c) A statement that you are entitled to receive, upon request and free of charge, reasonable access to, and copies of, all documents, records, and other information relevant to your claim for benefits. (d) In the case of a claim for disability benefits, if disability is determined by the Plan Administrator (rather than a third pa rty such as the Social Security Administration): (i) Either the specific internal rules, guidelines, protocols, or other similar criteria relied upon to make the determination, o r a statement that such rules, guidelines, protocols, or criteria do not exist. (ii) If the adverse benefit determination is based on a medical necessity or experimental treatment and/or investigational treatment or similar exclusion or limit, an explanation of the scientific or clinical judgment for the determination, applyin g the terms of the Plan to your medical circumstances. If this is not practical, a statement will be included that such explanation will be provided to you free of charge, upon request. (iii) A statement of your right to bring a civil action under section 502(a) of ERISA and, if the Plan imposes a contractual limitations period that applies to your right to bring such an action, a statement to that effect which includes the calendar date on which such limitation expires on the claim. If the Plan offers voluntary appeal procedures, a description of those proced ures and your right to obtain sufficient information about those procedures upon request to enable you to make an informed decision about whether to submit to such voluntary appeal. These procedures will include a description of your right to representatio n, the process for selecting the decision maker and the circumstances, if any, that may affect the impartiality of the decision maker. No fees or costs wi ll be imposed on you as part of the voluntary appeal. A decision whether to use the voluntary appeal p rocess will have no effect on your rights to any other Plan benefits.
BB&N 403(b) Summary Plan Description 2022 Page 15 Page 17