(A) The Plan Administrator must decide all matters under the plan. The discretionary decisions of the Plan Administrator are final, binding and conclusive on all interested persons for all purposes.
(B) Notwithstanding any statement to the contrary in any collective bargaining agreement, any determination under or arising out of the plan is not subject to any arbitration procedure of any kind, and the Plan Administrator’s decision is final.
(C) Without limiting the comprehensive effect of the above, the Plan Administrator’s discretionary decisions may include, but shall not be limited to, any decision as to: whether a natural person is an employee, whether an employee belongs to a particular employment classification, whether an employee is an eligible employee, the amount of a participant’s compensation, the amount of contributions to be made, whether an amount of contributions exceeds the limits prescribed by the plan, whether a court order shall be recognized, whether a participant (or any other person) has established the presence or absence of a spouse, whether a payout option is an annuity payout option, whether a participant has incurred an unforeseeable emergency, whether a participant has a separation-from-service, whether a beneficiary designation is valid or effective, who is the proper beneficiary, whether a participant or beneficiary is a minor or is of full age, whether a participant or beneficiary is incompetent, the person who is a proper recipient for a participant or beneficiary who is a minor or an incompetent, whether any power-of-attorney is effective and acceptable to act with respect to the plan, whether a signature guarantee is required and whether a signature guarantee is acceptable for any purpose under the plan.
(Ord. NIRC 97-1, passed 1-15-1997)