Earthlink 2013 Annual Report Download - page 168

Severance Pay and Benefits
In exchange for providing the Company and its Affiliates with an enforceable Waiver and Release Agreement in a form
acceptable to the Company, and for not later revoking that Waiver and Release Agreement, each eligible employee shall
be entitled to receive the severance pay and benefits stated below, except that the severance pay and benefits described
below will be prorated for those eligible employees who work a regular schedule of less than forty (40) hours per week.
4
I.
The eligible employee’
s current employment is to be terminated due to one or more of the reasons covered by this Plan
and the employee is offered another position with the Company or an Affiliate with the same or a higher level
salary or wages at the employee’
s current location of employment or at another location within fifty (50) miles
of the employee’s current location of employment. If the employee accepts the new position, the employee’
s
employment relationship with the Company or an Affiliate continues. If the employee declines the position
offered, the employee will not be entitled to any severance pay or benefits under the Plan.
II.
The eligible employee’
s current employment is to be terminated for one or more of the reasons covered by this Plan,
and the employee is offered another position with the Company or an Affiliate with lower salary or wages at
the same or another location of employment. The employee will have the option of accepting the new position
or taking the severance package. If the employee accepts the new position, the employee’
s employment
relationship with the Company or an Affiliate continues. If the employee declines the offered position, the
employee will be given the severance package as stated below.
III.
The eligible employee’
s current employment is to be terminated for one or more of the reasons covered by this Plan,
and the employee is offered another position with the Company or an Affiliate with the same or a higher
salary or wages at another location that is more than fifty (50) miles from the employee’
s current location of
employment. The employee will have the option of accepting the new position or taking the severance
package. If the employee accepts the new position, the employee’
s employment relationship with the
Company or an Affiliate continues. If the new position entitles the employee to relocation benefits under the
Company’
s Corporate Relocation Policy, the employee will be offered the Corporate Relocation Package. The
expense of the relocation then will be paid by the employee’
s new department. If the employee declines the
offered position, the employee will be given the severance package as stated below.
IV.
The eligible employee’
s current employment is to be terminated for one or more of the reasons covered by this Plan,
and no other position is offered. In this case, the employee will be given the severance package as stated
below.
I.
Eligible Employees in Executive Vice President or Executive Officer Positions
. Eligible employees who are in
Executive Vice President or Executive Officer positions will receive, after any applicable notice period, the
following severance pay and benefits: