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Decision on review of a denied claim shall be made in the following manner: <br /> a. The decision on review shall be made by the Benefit Administrator or its designee,which <br /> may, at its discretion, hold a hearing on the denied claim. The Benefit Administrator or its <br /> designee shall make its decision not later than sixty(60) days after the Benefit <br /> Administrator or its designee receives the request for review,unless special circumstances <br /> require extension of time for processing, in which case a decision shall be rendered as soon <br /> as possible,but not later than one hundred twenty(120)days after receipt of the request for <br /> review. If an extension of time for review is required, written notice of the extension shall <br /> be furnished to the Participant prior to the commencement of the extension. <br /> b. The decision on review shall be in writing and shall include specific reasons for the <br /> decision, written in a manner calculated to be understood by the Participant, and specific <br /> references to the pertinent Plan provisions on which the decision is based. <br /> c. In the event that the decision on review is not furnished within the time period set forth, the <br /> claim shall be deemed denied on review. <br /> If a dispute arises with respect to any matter under this Plan,the Benefit Administrator or its <br /> designee may refrain from taking any other or further action in connection with the matter <br /> involved in the controversy until the dispute has been resolved. <br /> Amendment and Termination <br /> This Plan may be amended, suspended or terminated at any time by the Board of County <br /> Commissioners or other governing body of the Employer. <br /> Gender and Number <br /> Masculine pronouns include the feminine as well as the neutral genders, and the singular shall <br /> include the plural, unless indicated otherwise by the context. <br /> Miscellaneous <br /> This Plan shall not be deemed to constitute a contract between the Employer and any Participant or <br /> Employee or to be a consideration or an inducement for the employment of any Participant or <br /> Employee. Nothing contained in this Plan shall be deemed to give any Participant or Employee the <br /> right to be retained in the service of the Employer or to interfere with the right of the Employer to <br /> discharge any Participant or Employee at any time regardless of the effect the discharge shall have <br /> upon him as a Participant of this Plan. <br /> This Plan shall be construed and enforced according to the laws of the State of Florida, except to <br /> the extent those laws are preempted by the laws of the United States of America. The venue for <br /> any actions shall be Indian River County or in federal court in the Southern District of Florida <br /> 7 <br />