copies of all Plan documents and other Plan
information upon written request to the Plan Administrator. A reasonable charge
may be made for such copies.
IN ADDITION TO CREATING RIGHTS FOR COVERED EMPLOYEES, ERISA IMPOSES DUTIES UPON
THE PEOPLE WHO ARE RESPONSIBLE FOR THE OPERATION OF THE PLAN. THE PEOPLE WHO
OPERATE THE PLAN (CALLED "FIDUCIARIES") HAVE A DUTY TO DO SO PRUDENTLY AND IN
THE INTERESTS OF YOU AND THE OTHER COVERED EMPLOYEES. NO ONE, INCLUDING THE
COMPANY OR ANY OTHER PERSON, MAY FIRE YOU OR OTHERWISE DISCRIMINATE AGAINST YOU
IN ANY WAY TO PREVENT YOU FROM OBTAINING A BENEFIT UNDER THE PLAN OR EXERCISING
YOUR RIGHTS UNDER ERISA. IF YOUR CLAIM FOR A SEVERANCE 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 DENIAL OF YOUR CLAIM REVIEWED. (THE CLAIM
REVIEW PROCEDURE IS EXPLAINED IN SECTIONS 12 AND 13 ABOVE.)
UNDER ERISA, THERE ARE STEPS YOU CAN TAKE TO ENFORCE THE ABOVE RIGHTS. FOR
INSTANCE, IF YOU REQUEST MATERIALS 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 TO 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 WHICH IS
DENIED OR IGNORED, IN WHOLE OR IN PART, YOU MAY FILE SUIT IN A STATE OR FEDERAL
COURT. IF IT SHOULD HAPPEN THAT 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.
IN ANY CASE, THE COURT WILL DECIDE WHO WILL 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 THAT YOUR CLAIM IS FRIVOLOUS.
IF YOU HAVE ANY QUESTIONS REGARDING THE PLAN, PLEASE CONTACT THE PLAN
ADMINISTRATOR. IF YOU HAVE ANY QUESTIONS ABOUT THIS STATEMENT OR ABOUT YOUR
RIGHTS UNDER ERISA, YOU MAY CONTACT THE NEAREST AREA OFFICE OF THE EMPLOYEE
BENEFITS SECURITY ADMINISTRATION (FORMERLY THE PENSION AND WELFARE BENEFITS
ADMINISTRATION), U.S. DEPARTMENT OF LABOR, LISTED IN YOUR TELEPHONE DIRECTORY,
OR THE DIVISION OF TECHNICAL ASSISTANCE AND INQUIRIES, 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.
9
23.
Execution.
In Witness Whereof, the Company, by its duly authorized officer, has executed
this Plan on the date indicated below.
UTStarcom, Inc.
By
/s/ Francis P. Barton
Title
EVP and Chief Financial Officer
Date
January 30, 2008
10