Seagate 2013 Annual Report Download - page 156

This notice of extension will describe the special circumstances necessitating the additional time and the date by which the Plan
Administrator is to render its decision on the application. If written notice of denial of the application for benefits is not furnished within the
specified time, the application shall be deemed to be denied. The applicant will then be permitted to appeal the denial in accordance with the
Review Procedure described below.
(c)
Request For A Review . Any person (or that person’s authorized representative) for whom an application for benefits is
denied (or deemed denied), in whole or in part, may appeal the denial by submitting a request for a review to the Plan Administrator within 60
days after the application is denied (or deemed denied). The Plan Administrator will give the applicant (or his or her representative) an
opportunity to review pertinent documents in preparing a request for a review. A request for a review shall be in writing and shall be addressed
to: Seagate Technology
Plan Administrator for the Executive Severance and CIC Plan
ATTN: Vice President of Compensation and Benefits
10200 S. De Anza Blvd.
Cupertino, California 95014
A request for review must set forth all of the grounds on which it is based, all facts in support of the request and any other matters that the
applicant feels are pertinent. The Plan Administrator may require the applicant to submit additional facts, documents or other material as it may
find necessary or appropriate in making its review.
(d)
Decision On Review . The Plan Administrator will act on each request for review within 60 days after receipt of the request,
unless special circumstances require an extension of time (not to exceed an additional 60 days) for processing the request for a review. If an
extension for review is required, written notice of the extension will be furnished to the applicant within the initial 60-day period. The Plan
Administrator will give prompt, written notice of its decision to the applicant. In the event that the Plan Administrator confirms the denial of the
application for benefits in whole or in part, the notice will outline, in a manner calculated to be understood by the applicant, the specific Plan
provisions upon which the decision is based. If written notice of the Plan Administrator’s decision is not given to the applicant within the time
prescribed in this Subsection (d), the application will be deemed denied on review.
(e)
Rules And Procedures . The Plan Administrator will establish rules and procedures, consistent with the Plan and with
ERISA, as necessary and appropriate in carrying out its responsibilities in reviewing benefit claims. The Plan Administrator may require an
applicant who wishes to submit additional information in connection with an appeal from the denial (or deemed denial) of benefits to do so at the
applicant’s own expense.
(f) Exhaustion Of Remedies . No legal action for benefits under the Plan may be brought until the claimant (i) has submitted a
written application for benefits in accordance with the procedures described by Section 12(a) above, (ii) has been notified by the Plan
Administrator that the application is denied (or the application is deemed denied due to the Plan Administrator’s failure to act on it within the
established time period), (iii) has filed a written request for a review of the application in accordance with the appeal procedure described in
Section 12(c) above and (iv) has
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