Big Lots 2013 Annual Report Download - page 135

B-11
10. AMENDMENT OR TERMINATION
10.01. The Committee may modify or amend, in whole or in part, any or all of the provisions of the
Plan, except as to those terms or provisions that are required by IRC section 162(m) to be
approved by the shareholders, or suspend or terminate the Plan entirely; provided, however, that
no such modifications, amendment, suspension or termination may, without the consent of the
Participant, or his Beneficiary in the case of his/her death, reduce the right of a Participant, or
his/her Beneficiary, as the case may be, to any payment due under the Plan. For the avoidance of
doubt, the Committee may amend the Plan as necessary to conform the Plan to the requirements
of IRC section 409A. Distributions of Deferred Bonus Accounts on termination of the Plan shall
occur only under the circumstances specified in Section 6.04(b)(x) above.
11. TAX WITHHOLDING
11.01. The Company or the employing Affiliate shall have the right to deduct from all cash payments
any federal, state, or local taxes or other withholding amounts required by law or valid court
order to be withheld with respect to such cash payments. Amounts deferred will be taken
into account for purposes of any tax or withholding obligation under the Federal Insurance
Contribution Act and Federal Unemployment Tax Act, not in the year distributed, but at the later
of the year the services are performed or the year in which the rights to the amounts are no longer
subject to a substantial risk of forfeiture, as required by IRC sections 3121(v) and 3306(r) and the
regulations thereunder. Amounts required to be withheld pursuant to IRC sections 3121(v) and
3306(r) shall be withheld out of other current wages paid to the Participant by the Company or the
employing Affiliate, or, if such current wages are insufficient, the Participant shall remit to the
Company an amount equal to the applicable tax withholding. The determination of the Company
or the employing Affiliate regarding applicable income and employment tax withholding
requirements shall be final and binding on the Participant.
12. CLAIMS PROCEDURE
12.01. Any Participant (the “claimant”) who believes that he or she is entitled to a benefit under the Plan
or that wishes to resolve a dispute or disagreement which arises under, or in any way relates to,
the interpretation or construction of the Plan may file a claim with the Committee.
12.02. If the claim is wholly or partially denied, the Committee will within ninety (90) days of the
receipt of such claim provide the claimant with written notice of the denial setting forth in a
manner calculated to be understood by the claimant:
(a) The specific reason or reasons for which the claim was denied;
(b) Specific reference to pertinent Plan provisions, rules, procedures or protocols upon
which the Committee relied to deny the claim;
(c) A description of any additional material or information that the claimant may file to
perfect the claim and an explanation of why this material or information is necessary; and
(d) An explanation of the Plan’s claims review procedure and the time limits applicable
to such procedure and a statement of the claimant’s right to bring a civil action
under §502(a) of the Employee Retirement Income Security Act of 1974, as amended
(“ERISA”), following an adverse determination upon review.
If special circumstances require the extension of the ninety (90) day period described above, the
claimant will be notified before the end of the initial period of the circumstances requiring the
extension and the date by which the Committee expects to reach a decision. Any extension for
deciding a claim will not be for more than an additional ninety (90) day period.