Avnet 2013 Annual Report Download - page 144
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Committee, or the Plan first repudiated the alleged obligation to provide such benefits. A
repudiation described in clause (iii) may be made in the form of a direct communication to the
Participant or claimant ( e.g. , denial of a claim under the administrative review referenced in
Section 5.03(a)) or a more general oral or written communication related to benefits payable under
the Plan (for example, summary of the Plan or provisions thereof, a benefit statement, or an
agreement or offer letter); or
(B)
In the case of any other Applicable Claim, the earliest date on which the claimant knew or should
have known of the material facts on which such claim or action is based, regardless of whether the
claimant was aware of the legal theory underlying the Applicable Claim.
(5)
The Applicable Limitations Period for any Applicable Claim shall end on the second anniversary of the
Limitations Start Date for such Applicable Claim; provided, however, that-
(A)
If a request for administrative review pursuant to Section 5.03(a) is pending when the Applicable
Limitations Period expires, the deadline for filing such Applicable Claim shall be extended to the
date that is 60 calendar days after the final denial (including a deemed denial) of such claim on
administrative review; and
(B)
If paragraph (4)(B), above, applies, the Applicable Limitations Period shall end no later than six
years after (i) the date of the last action on which such claim or action is based or (ii) in the case of
an omission, the latest date on which such omission could have been cured, without regard to
whether the claimant knew or should have known the material facts on which the claim or action
is based.
(6)
The Applicable Limitations Period described in this Section 5.03(b) replaces and supersedes any
limitations period that otherwise might be deemed applicable under state or federal law in the absence of
this Section 5.03(b). A claim or action filed after the expiration of the Applicable Limitations Period shall
be deemed time-barred; provided, however, that the Plan Committee shall have discretion to extend the
Applicable Limitations Period upon a showing of exceptional circumstances that, in the opinion of the
Plan Committee, provide good cause for an extension. The exercise of this discretion is committed solely
to the Plan Committee, and is not subject to review.
(7)
In the event of any Applicable Claim brought by or on behalf of two or more claimants, the requirements
of this Section 5.03(b) shall apply separately with respect to each claimant.
Avnet Restoration Plan
Table of Contents
2013 Restatement Page 11