Earthlink 2013 Annual Report Download - page 174

below or (ii) a lump sum as soon as administratively practicable following the termination of employee’
s
employment with the Company and all Affiliates but no later than the 15 th
day of the third month of the calendar
year following the calendar year in which the employee’
s right to the payment vests, in either case as the
Company in its sole discretion shall determine. Similarly-
situated employees need not be treated the same with
respect to how their severance will be paid.. Base salary excludes overtime, incentive compensation, bonuses,
and any other forms of compensation over and above the employee’s base salary rate.
•
For employees eligible and participating in the Company’
s medical, dental and vision plans, the
Company will pay to the eligible employees an amount equal to the employer portion of the employees’
premiums for those plans, plus the two percent COBRA administration fee, for the number of months of COBRA
benefits coverage set forth below. The Company will make this payment in either (i) equal installments in
accordance with the Company’
s normal payroll procedures (but no less frequently than monthly) beginning as
soon as administratively practicable following the termination of employee’
s employment with the Company and
all Affiliates but no later than thirty (30) days following the effective date of the employee’
s Waiver and Release
Agreement described below or (ii) a single lump sum as soon as administratively practicable following
termination of the employee’s employment but no later than the 15 th
day of the third month of the calendar year
following the calendar year in which the employee’
s right to the payment vests, in either case as the Company in
its sole discretion shall determine. Similarly-
situated employees need not be treated the same with respect to how
their COBRA benefits will be paid. The Company shall
withhold or obtain payment for applicable income and
employment taxes from any payments for COBRA benefits. Such ex-
employees may continue COBRA for the
COBRA eligibility period by paying 100 percent of the COBRA premium.
10
Employee Category Weeks of Base Salary
Employees Earning Annual Base Salary or Wages
of $75,000 or more Sixteen (16) weeks (minimum) plus one (1) week for each full year of continuous employment with the Company and
its Affiliates from the employee’s most recent date of hire;
with a maximum of twenty-four (24) weeks.
Employees Earning Annual Base Salary or Wages
of $35,000 to $74,999 Eight (8) weeks (minimum) plus one (1) week for each full year of continuous employment with the Company and its
Affiliates from the employee’
s most recent date of hire; with
a maximum of sixteen (16) weeks.
Employees Earning Annual Base Salary or Wages
of less than $35,000 Four (4) weeks (minimum) plus one (1) week for each full year of continuous employment with the Company and its
Affiliates from the employee’
s most recent date of hire; with
a maximum of twelve (12) weeks.