Avnet 2013 Annual Report Download - page 143
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below, within the Applicable Limitations Period prescribed by subsections (4) and (5), below. No
Applicable Claim may be filed after such Applicable Limitations Period.
If any Applicable Claim is filed in a court other than a court described in this subsection (3), the Plan, any
Plan affiliates, and all alleged Plan Participants and Beneficiaries shall take all necessary steps to have the
action removed to, transferred to, or refiled in a court described in this subsection (3).
(2)
An “Applicable Claim”
is:
(A)
A claim or action to recover benefits allegedly due under the provisions of the Plan or by reason
of any law;
(B)
A claim or action to clarify rights to future benefits under the terms of the Plan;
(C)
A claim or action to enforce rights under the Plan; or
(D)
Any other claim or action brought by a person who is, seeks to be, or is a successor to a current or
former (I) employee (within the meaning of Section 3(6) of ERISA) of an Employer or an
Affiliate, (II) participant (within the meaning of Section 3(7) of ERISA), or (III) beneficiary
(within the meaning of Section 3(8) of ERISA) that-
(i)
Relates to the Plan; and
(ii)
Seeks a remedy, ruling, or judgment of any kind against an Employer, the Plan
Committee, the Plan, the trustee, or any other individual or entity involved with
administering or providing services to the Plan.
(3)
A court described in this subsection (3) shall be one of the following courts:
(A)
The United States District Court for the district in which the Plan is principally administered;
(B)
In the case of an action brought by an individual plaintiff, the United States District Court for the
district in which such plaintiff resides; or
(C)
In the case of an action brought by more than one plaintiff, the United States District Court for the
district in which the largest number of plaintiffs (or in the case of a putative class action, the
United States District Court for the district in which the largest number of putative class members)
resides or is reasonably believed to reside.
(4)
The “Applicable Limitations Period” for any Applicable Claim shall begin on the following date (the
“Limitations Start Date”):
(A)
In the case of an Applicable Claim to recover benefits allegedly due to the claimant from the Plan
or to clarify the claimant's rights to future benefits from the Plan, the earliest of (i) the date the
first benefit payment was actually made, (ii) the date the first benefit payment was allegedly due,
or (iii) the date an Employer, the Plan
Avnet Restoration Plan
Table of Contents
2013 Restatement Page 10