Avnet 2012 Annual Report Download - page 106

under this Plan (hereinafter referred to as “Claimant” )
may file a written request for such benefit with the Committee,
setting forth his or her claim.
Upon receipt of a claim, the Committee shall advise the Claimant that a reply will be forthcoming within ninety
(90) days and shall, in fact, deliver such reply within such period. The Committee may, however, extend the reply period
for an additional ninety (90) days for special circumstances.
If the claim is denied in whole or in part, the Committee shall inform the Claimant in writing, using language
calculated to be understood by the Claimant, setting forth: (1) the specified reason or reasons for such denial; (2) the
specific reference to pertinent provisions of the Plan or Plan rules on which such denial is based; (3) a description of any
additional material or information necessary for the Claimant to perfect his or her claim and an explanation why such
material or such information is necessary; (4) appropriate information as to the steps to be taken if the Claimant wishes
to submit the claim for review; and (5) the time limits for requesting a review under paragraph (b) below.
(b)
Request for Appeal of Initial Claim Decision .
Within sixty (60) days after the receipt by the Claimant of the written denial of his or her claim under paragraph
(a) above, the Claimant may request in writing to the Committee or, if the Committee does not consist primarily of
outside members of the Board of Directors, then to the full Board (in either case, the body designated to handle the
appeal is referred to as the “ Appeals Committee ”)
an appeal of its prior determination with respect to the Claimant.
Such request must be addressed directly to the Appeals Committee or to a senior executive officer of the Company
designated to act on behalf of the Appeals Committee (and who is a person other than the Claimant). The Claimant or
his or her duly authorized representative may, but need not, review the pertinent Plan documents and submit issues and
comments in writing for consideration by the Appeals Committee. If the Claimant does not request a review within such
sixty (60) day period, he or she shall be barred and estopped from challenging the Committee’
s determination, which
shall then become final and conclusive.
Within sixty (60) days after the Appeals Committee has received a request for review, after considering all
materials presented by the Claimant, the Appeals Committee will inform the Claimant in writing, in a manner calculated
to be understood by the Claimant, of its decision setting forth the specific reasons for the decision and containing
specific references to the pertinent provisions of the Plan or Plan rules on which the decision is based. If special
circumstances require that the sixty (60) day time period be extended, the Appeals Committee will so notify the
Claimant and will render the decision as soon as possible, but no later than one hundred twenty (120) days after receipt
of the request for review.
(c)
Limitations on Bringing a Legal Action .
A legal action relating to a claim or right to benefits under the Plan may be brought by, or on behalf of, a Participant or
Beneficiary only during a certain period. This period begins after the appeal process has ended under paragraph (b)
above and ends 120 days thereafter. However, in no event may a legal action be brought by, or on behalf of, a Participant
more than one (1) year after the date
20