EOC - Erlanger Health System

D. Voluntary Arbitration
If still not satisfied, You may request voluntary
arbitration to resolve the Dispute. That
arbitration request must be submitted, in writing,
to the Employer’s General Counsel within
ninety (90) days after the independent reviewer's
decision is issued.
A Dispute will be submitted to arbitration in
accordance with applicable rules of the
American Arbitration Association.
Alternatively, the parties may agree to some
other dispute resolution procedure or agency.
Your decision concerning whether to request
arbitration will have no effect on Your rights to
any other benefits under the Plan. If You
request arbitration of an ERISA action, We
agree to toll any time defenses or restrictions
affecting Your right to bring a civil action
against the Plan until the arbitrator issues a
decision. Any person involved in making a
decision concerning Your Dispute will not be
permitted to serve as an arbitrator.
The Employer, as the Plan Administrator, will
pay the fee charged by the arbitration agency
and arbitrator(s) if You agree to submit a
Dispute in an ERISA action to independent
review. You will be required to pay one-half of
the arbitration agency's and arbitrator(s)' fee in
Disputes concerning non-ERISA actions. In
either type of action, You will be responsible for
any other costs that You incur to participate in
the arbitration process, including attorney's fees.
The arbitrator(s) shall be required to issue a
reasoned written decision explaining the basis of
that decision, and the manner of calculating any
award. The arbitrator's decision is final and may
be entered and enforced in any state or federal
court. That decision may only be vacated
modified or corrected for the reasons set forth in
section 10 or 11 of the United States Arbitration
Act (i.e., if the award contains material errors of
law or is arbitrary and capricious).
26 Erlanger Health System 2009