Earthlink 2014 Annual Report Download - page 134

claimant’
s right to bring a civil action under Section 502(a) of ERISA following an adverse benefit determination
on review.
(e)
The full value of any payment made according to the Plan satisfies that much of the claim and all related
claims under the Plan.
(f)
If a claim is denied, the claimant may appeal the denial by delivering a written notice to the Committee
specifying the reasons for the appeal. That notice must be delivered within sixty (60) days after receiving the notice of
denial. The claimant may submit written comments, documents, records and other information relating to the claimant’
s
claim for benefits. The claimant will be provided, upon request and free of charge, reasonable access to, and copies of,
all documents, records and other information relevant to the claimant’s claim for benefits. The Committee’
s review will
take into account all such written comments, documents, records and other information the claimant submits relating to
the claim, without regard to whether such information was submitted or considered initially.
(g)
The Committee will advise the claimant in writing of the final determination after review. The decision on
review will be written in a manner calculated to be understood by the claimant, and it will include specific reasons for
the decision and specific references to the pertinent provisions of the Plan or related documents on which the decision is
based. Such written notification also will include a statement that the claimant is entitled to receive, upon request and
free of charge, reasonable access to, and copies of, all documents, records and other information relevant to the
claimant’s claim for benefits, the claimant’
s right to obtain the information about such procedures and a statement of the
claimant’
s right to bring a civil action under Section 502(a) of ERISA following a denial on review. The written decision
will be rendered within sixty (60) days after the request for review is received, unless special circumstances require an
extension of time for processing. If an extension is necessary the Committee will furnish written notice of the extension
to the claimant before the end of the 60-
day period and indicate the special circumstances requiring the extension of
time. The extension notice will indicate the date by which the Committee expects to render a decision. The decision will
then be rendered as soon as possible, but no later than one hundred twenty (120) days after receipt of the request for
review.
(h)
If the Committee holds regularly scheduled meetings at least quarterly, the time periods for rendering the
written decision described in the preceding paragraph shall not apply and the Committee shall instead make a benefit
determination no later than the date of the meeting of the Committee that immediately follows the Plan’
s receipt of a
request for review, unless the request for review is filed within 30 days preceding the date of such meeting. In such case,
a benefit determination may be made by no later than the date of the second meeting following the Plan’
s receipt of the
request for review. If special circumstances require a further extension of time for processing, a benefit determination
will be rendered no later than the third meeting of the Committee following the Plan’
s receipt of the request for review.
If such an extension of time for review is required because of special circumstances, the Committee will provide the
claimant with written notice of the extension, describing the special circumstances and the date as of which the benefit
determination will be made, prior to the commencement of the extension. The Committee will notify the claimant of the
benefit determination as soon as possible, but not later than five days after the benefit determination is made.
(i)
In no event shall a Participant or other claimant be entitled to challenge a decision of the Committee in
court or in any other administrative proceeding unless and until these claim review and appeal procedures have been
complied with and exhausted. The claimant shall have ninety (90) days from the date of receipt of the Committee’
s
decision on review in which to file suit regarding a claim for benefits under the Plan. If suit is not filed within such 90-
day period, it shall be forever barred. The decisions made hereunder shall be final and binding on Participants and any
other party.
(a)
Non-Competition
. As a condition to being eligible to participate in the Plan and receiving any payments
and benefits thereunder, a Category 1 Participant agrees that (i) during his employment, and (ii) for a period of 18
months following his or her Termination of Employment under the circumstances described in Section 3(a) above, he or
she shall not perform within the 50 states of the United States of America any services which are in competition with the
Business of the Company during his or her employment, or following his or her Termination of Employment any
8.
Restrictive Covenants.