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If the Plan fails to establish or follow claims procedures consistent with the requirements <br />of this section, the claimant will be deemed to have e�austed the administrative remedies <br />available under the Plan and shall be entitled to pursue any available remedies under law on the <br />basis that the Plan has failed to provide a reasonable claims procedure that would yield a decision <br />on the merits of the claim. <br />46 City of Roseville MPD <br />