Seagate 2012 Annual Report Download - page 159

“fiduciaries” of the Plan, have a duty to do so prudently and in the interest of you and other Plan participants and beneficiaries.
No one, including your employer or any other person, may fire you or otherwise discriminate against you in any way to prevent you
from obtaining a Plan benefit or exercising your rights under ERISA. If your claim for a Plan 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 Administrator 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 Plan Administrator 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 Plan Administrator. If you have a claim for benefits that is denied or ignored, in whole or in part, you may file suit in a state or federal
court. If it should happen that the Plan fiduciaries misuse the Plan’s money, or if you are discriminated against for asserting your rights, you
may seek assistance from the U.S. Department of Labor, or 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, for example, if it finds your claim is frivolous.
If you have any questions about the Plan, you should contact the Plan Administrator. If you have any questions, about your rights under
ERISA, you should contact the nearest area office of the Employee Benefits Security Administration, U.S. Department of Labor, listed in your
telephone directory or the Division of Technical Assistance and Inquires, Employee Benefits Security Administration, U.S. Department of
Labor, 200 Constitution Avenue N.W., Washington, D.C. 20210. You may also obtain certain publications about your rights and responsibilities
under ERISA by calling the publications hotline of the Employee Benefits Security Administration.
SECTION 16. EFFECT OF SECTION 409A OF THE CODE
This Plan is intended to comply with all applicable law, including Section 409A of the Code. If the Eligible Executive is a U.S.
Executive, a termination of employment shall not be deemed to have occurred for purposes of any provision of this Plan providing for the
payment of any amount or benefit that is considered deferred compensation under Section 409A of the Code upon or following a termination of
employment unless such termination of employment is also a “separation from service” within the meaning of Section 409A of the Code. If an
Eligible Executive is deemed on the Termination Date to be a “specified employee” (as such term is defined under Section 409A of the Code),
then with regard to any payment or the provision of any benefit that is considered deferred compensation under Section 409A of the Code
payable on account of a “separation from service,”
to the extent required to avoid any taxes imposed under Section 409A(a)(1) of the Code, such
payment
19