Health Net 2011 Annual Report Download - page 248

These claims include but are not limited to claims arising under federal, state, and local statutory or common law, such as
Title VII of the Civil Rights Act of 1964, the Civil Rights Act of 1875, the Americans with Disabilities Act (“ADA”), the
Age Discrimination in Employment Act (“ADEA”), the Worker Adjustment and Retraining Notification Act (“WARN”),
the Corporate and Criminal Fraud Accountability Act of 2002 (“Sarbanes-Oxley Act”), the Dodd-Frank Wall Street
Reform and Consumer Protection Act (“Dodd-Frank Act”), the California Fair Employment and Housing Act, the
California Labor Code, the California Constitution (all as amended) or claims arising out of any legal restrictions on the
Company’s right to terminate its employees. Also included in the release is a release of the right to file an application for
award for original information submitted pursuant to Section 21F of the Securities Exchange Act of 1934.
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dependents who are covered under the Company’s employee welfare benefit plan which is a group health plan immediately
prior to the Termination Date shall be eligible to elect to continue coverage under such plan, as required under and in
accordance with Part VI (“COBRA”) of the Employee Retirement Income Security Act of 1974, as amended (“ERISA”). If
the appropriate COBRA election forms are completed, signed and returned by the applicable deadlines established by the
Company, the Company shall pay on the Employee’s behalf the full cost of the COBRA coverage for group health plan
and dental and vision benefits under such plan until the earlier of (i) the end of months from the Termination Date
and (ii) the date Employee becomes eligible for coverage under a plan of another employer. If, upon the termination of the
Company’s payment of such COBRA coverage, Employee continues to be entitled under federal law to receive COBRA
coverage, then any such coverage shall be available to Employee, solely at Employee’s expense, at the full COBRA
coverage rates then in effect. COBRA election forms will be mailed to Employee’s home address under separate cover. To
the greatest extent applicable, such continued health coverage shall be provided in a manner that is exempt from
Section 409A in accordance with Treasur
y
Re
g
ulation Section 1.409A-1(b)(9)(v)(B).
3. Employee acknowledges and agrees that the payments and benefits set forth in Sections 2(a) and (d) above are payments
and benefits to which Employee is not otherwise entitled, and Employee understands that if he or she does not sign this
Release, or if he or she revokes acce
p
tance of this Release, Em
p
lo
y
ee shall not be entitled to these
p
a
y
ments and benefits.
4. In return for the consideration set forth in Sections 2(a) and (d) above, Employee freely and voluntarily hereby waives and
releases the Company, and each of its past, present and future officers, directors, shareholders, employees, consultants,
accountants, attorneys, agents, managers, insurers, sureties, parent and sister corporations, divisions, subsidiary
corporations and entities, partners, joint venturers and affiliates (and each of their respective beneficiaries, successors,
representatives and assigns) (collectively, “Affiliates”) from any and all claims, demands, damages, debts, liabilities,
controversies, obligations, actions or causes of action of any nature whatsoever, whether based on tort, statute, contract,
indemnity, rescission or any other theory or recovery, and whether for compensatory, punitive, equitable or other relief,
whether known, unknown, suspected or unsuspected, against the Company and/or its Affiliates, including without
limitation claims which may have arisen or may in the future arise in connection with any event that occurred on or before
the date of Em
p
lo
y
ee’s execution of this Release.