Earthlink 2014 Annual Report Download - page 141

Department of Labor and available at the Public Disclosure Room of the Pension and Welfare Benefit
Administration.
Obtain, upon written request to the Company, copies of all Plan documents governing the operation of the
Plan and copies of the latest Annual Report (Form 5500 series) and an updated summary plan description. The
Company may make a reasonable charge for the copies.
Receive a summary of the Plan’
s annual financial report. The Company is required by law to furnish each
Participant with a copy of this summary annual report.
In addition to creating rights for Plan participants, ERISA imposes duties upon the people who are responsible
for the operation of the Plan. The people who operate your Plan, called fiduciaries, have a duty to do so prudently and in
the interest of you and other Plan participants. No one, including your employer or any other person, may fire you or
otherwise discriminate against you in any way solely in order to prevent you from obtaining a benefit or exercising your
rights under ERISA. If your claim for a benefit is denied, in whole or in part, you must receive a written explanation of
the reason for the denial. You have the right to have the Plan review and reconsider your claim. Under ERISA, there are
steps you can take to enforce the above rights. For instance, if you request materials from the Plan and do not receive
them within 30 days, you may file suit in a federal court. In such a case, the court may require the Company to provide
the materials and pay you up to $110 a day until you receive the materials, unless the materials were not sent because of
reasons beyond the control of the Company. If you have a claim for benefits which is denied or ignored, in whole or in
part, you may file suit in a state or federal court. If it should happen that Plan fiduciaries misuse the Plan’
s money, or if
you are discriminated against for asserting your rights, you may file suit in a federal court. The court will decide who
should pay court costs and legal fees. If you are successful, the court may order the person you have sued to pay these
costs and fees. If you lose, the court may order you to pay these costs and fees. If you have any questions about your
Plan, you should contact the Company. If you have any questions about this statement or about your rights under
ERISA, you should contact the nearest office of the Pension and Welfare Benefits Administration, U.S. Department of
Labor, listed in your telephone directory or the Division of Technical Assistance and Inquiries, Pension and Welfare
Benefits Administration, U.S. Department of Labor, 200 Constitution Avenue, N.W., Washington, D.C. 20210. You
may also obtain certain publications about your rights and responsibilities under ERISA by calling the publications
hotline of the Pension and Welfare Benefits Administration.
Exhibit B
Benefits Category 1 Category 2
Cash Severance Lump sum cash payment of (a) 1.5 times the sum of
employee’s annual base salary plus bonus target less
(b) the non-compete payment, if within 24 months
after a change in control the company terminates
employee’s employment without cause or employee
voluntarily terminates his or her employment for
good reason; no cash severance if termination of
employment is on account of the employee’s death or
disability.
Lump sum cash payment equal to the sum of
employee’s annual base salary plus bonus target, if
within 24 months after a change in control the
company terminates employee’s employment without
cause or employee voluntarily terminates his or her
employment for good reason; no cash severance if
termination of employment is on account of the
employee’s death or disability.
COBRA Benefits Company will pay all amounts payable with respect
to the employee’s elected COBRA coverage
(including coverage for spouse and dependents) for
1.5 years from the termination of the employee’s
employment, if within 24 months of the change in
control the company terminates employee’s
employment without cause or employee voluntarily
terminates his or her employment for good reason; no
paid COBRA benefits if the termination of
employment is on account of the employee’s death or
disability.
Company will pay all amounts payable with respect
to the employee’s COBRA coverage (including
coverage for spouse and dependents) for 1 year from
the termination of the employee’s employment, if
within 24 months of the change in control the
company terminates employee’s employment without
cause or employee voluntarily terminates his or her
employment for good reason; no paid COBRA
benefits if termination of employment is on account
of the employee’s death or disability.
Accelerated vesting of
outstanding stock options If stock options are assumed or continued after a change in control, all outstanding stock options
granted on or before the change in control will vest
If stock options are assumed or continued after a
change in control, all outstanding stock options
granted on or before the change in control will vest