Earthlink 2008 Annual Report Download - page 170

YOUR RIGHTS UNDER ERISA
The following statement is required by law to be included in this Summary Plan Description:
As a participant in the EarthLink, Inc. Change-in-Control Accelerated Vesting and Severance Plan (the “Plan”) you are entitled to
certain rights and protections under the Employee Retirement Income Security Act of 1974, as amended (“ERISA”). ERISA provides that all
Plan participants shall be entitled to:
Examine, without charge, at the Employer’s office and at other specified location, such as worksites, all Plan documents and a
copy of the latest Annual Report (Form 5500 series) filed by the Plan with the U.S. Department of Labor and available at the Public
Disclosure Room of the Pension and Welfare Benefit Administration.
Obtain, upon written request to the Employer, copies of all Plan documents governing the operation of the Plan and copies of
the latest Annual Report (Form 5500 series) and an updated summary plan description. The Employer may make a reasonable charge
for the copies.
Receive a summary of the Plan’s annual financial report. The Employer is required by law to furnish each Employee with a
copy of this summary annual report.
In addition to creating rights for Plan participants, ERISA imposes duties upon the people who are responsible for the operation of the
Plan. The people who operate your Plan, called fiduciaries, have a duty to do so prudently and in the interest of you and other Plan participants.
No one, including your employer or any other person, may fire you or otherwise discriminate against you in any way solely in order to prevent
you from obtaining a benefit or exercising your rights under ERISA. If your claim for a benefit is denied, in whole or in part, you must receive a
written explanation of the reason for the denial. You have the right to have the Plan review and reconsider your claim. Under ERISA, there are
steps you can take to enforce the above rights. For instance, if you request materials from the Plan and do not receive them within 30 days, you
may file suit in a federal court. In such a case, the court may require the Employer to provide the materials and pay you up to $110 a day until
you receive the materials, unless the materials were not sent because of reasons beyond the control of the Employer. If you have a claim for
benefits which is denied or ignored, in whole or in part, you may file suit in a state or federal court. If it should happen that Plan fiduciaries
misuse the Plan’s money, or if you are discriminated against for asserting your rights, you may file suit in a federal court. The court will decide
who should pay court costs and legal fees. If you are successful, the court may order the person you have sued to pay these costs and fees. If
you lose, the court may order you to pay these costs and fees. If you have any questions about your Plan, you should contact the Employer. If
you have any questions about this statement or about your rights under ERISA, you should contact the nearest office of the Pension and Welfare
Benefits Administration, U.S. Department of Labor, listed in your telephone directory or the Division of Technical Assistance and Inquiries,
Pension and Welfare Benefits Administration, U.S. Department of Labor, 200 Constitution Avenue, N.W.,