Earthlink 2014 Annual Report Download - page 133

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entitled based on the Benefit Category for which such Participant qualifies. In the event of any conflict between
such summary and the terms of the Plan, the provisions of the Plan shall govern.
Notwithstanding any other provision of this Plan, payments shall be made under the Plan to any Participant or his
or her Beneficiary only after the Participant executes a release and waiver containing such terms and conditions as the
Company and its Affiliates may reasonably require, including non-solicitation, non-
competition and confidentiality
provisions on or within 21 days (45 days in the event of a group termination) after the Participant’
s Termination of
Employment, but not prior to such Termination of Employment. Each Participant’
s right to participate under this Plan
and to receive payments and benefits hereunder (including the benefits described in Sections 3 and 4 of the Plan) is
contingent upon the Participant’
s agreement to this Section 5 and his or her continued compliance with any agreements
entered into hereunder. The Company and its Affiliates also may reduce and set-
off any payments to or with respect to a
Participant is entitled pursuant to this Plan by any amount the Participant or his or her Beneficiary may owe to Company
or any Affiliate. Notwithstanding any other provision of this Plan, no payments shall be made or benefits provided
pursuant to this Plan during the first 30 days (60 days in the event of a group termination) after the Participant’
s
Termination of Employment, and any payments or benefits that are to be provided in that period shall be accumulated
and paid (or provided or reimbursed) in a lump sum as soon as such period ends.
If a Participant has a Termination of Employment under circumstances described in Section 3(a), then upon the
Participant’
s subsequent death, all unpaid amounts payable to the Participant under Section 3(a) shall be paid to his or
her Beneficiary. Any death benefits owing under Section 3(a) shall be paid as specified by the applicable Retirement
Plan, Welfare Plan or other plan or program.
(a)
Participants do not need to complete a claim for benefits to obtain benefits under the Plan. However,
Participants who dispute the amount of, or their entitlement to, Plan benefits must file a claim with the Committee to
obtain Plan benefits. Any claim by a Participant who disputes the amount of, or his or her entitlement to, Plan benefits
must be filed in writing within 12 months of the event that the Participant is asserting constitutes an entitlement to such
Plan benefits. Failure by the Participant to submit such claim within the 12-
month period shall bar the Participant from
any claim for benefits under the Plan as a result of the occurrence of such event.
(b)
Claims for benefits shall be filed in writing with the Committee. Written notice of the decision on such
claim shall be furnished to the claimant within ninety (90) days of receipt of such claim unless special circumstances
require an extension of time for processing the claim. If the Committee needs an extension of time to process a claim,
written notice will be delivered to the claimant before the end of the initial ninety (90) day period. The notice of
extension will include a statement of the special circumstances requiring an extension of time and the date by which the
Committee expects to render its final decision. However, that extension may not exceed ninety (90) days after the end of
the initial period. If the Committee rejects a claim for failure to furnish necessary material or information, the written
notice to the claimant will explain what more is needed and why, and will tell the claimant that the claimant may refile a
proper claim.
(c)
The Committee shall provide payment for the claim only if the Committee determines, in its sole
discretion, that the claimant is entitled to the claimed benefit.
(d)
If any part of a claim for benefits under this Plan is denied, the Committee will provide the claimant with a
written notice stating (i) the specific reason or reasons for the denial; (ii) the specific reference to pertinent Plan
provisions on which the denial was based; (iii) a description
of any additional material or information necessary for the
claimant to perfect the claim and an explanation of why such material or information is necessary; and (iv) appropriate
information as to the steps to be taken if the claimant wishes to submit a claim for review, including a statement of the
5.
Release and Setoff.
6.
Death.
7.
Claim for Benefits.