COMPANY), YOU ARE ENTITLED TO THE FOLLOWING RIGHTS AND PROTECTION UNDER
ERISA:
(B)
EXAMINE, WITHOUT CHARGE, AT THE PLAN ADMINISTRATOR'S OFFICE AND AT
OTHER SPECIFIED LOCATIONS SUCH AS WORK SITES, ALL PLAN DOCUMENTS, COLLECTIVE
BARGAINING AGREEMENTS AND COPIES OF ALL DOCUMENTS FILED BY THE PLAN WITH THE
U.S. DEPARTMENT OF LABOR.
(C)
OBTAIN COPIES OF ALL PLAN DOCUMENTS AND OTHER PLAN INFORMATION
UPON WRITTEN REQUEST TO THE PLAN ADMINISTRATOR.
THE PLAN ADMINISTRATOR MAY MAKE
A REASONABLE CHARGE FOR THE COPIES.
(D)
IN ADDITION TO CREATING RIGHTS FOR PLAN PARTICIPANTS, ERISA
IMPOSES DUTIES UPON THE PEOPLE RESPONSIBLE FOR THE OPERATION OF THE EMPLOYEE
BENEFIT PLAN.
THE PEOPLE WHO OPERATE YOUR PLAN, CALLED "FIDUCIARIES" OF THE
PLAN, HAVE A DUTY TO DO SO PRUDENTLY AND IN THE INTEREST OF YOU AND OTHER PLAN
PARTICIPANTS AND BENEFICIARIES.
(E)
NO ONE, INCLUDING YOUR EMPLOYER, YOUR UNION, NOR 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 CLAIM REVIEWED AND RECONSIDERED.
(F)
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 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 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.
(G)
IF YOU HAVE ANY QUESTIONS ABOUT YOUR PLAN, YOU SHOULD CONTACT THE
PLAN ADMINISTRATOR.
IF YOU HAVE ANY QUESTIONS ABOUT THIS STATEMENT OR ABOUT
YOUR RIGHTS UNDER ERISA, YOU SHOULD CONTACT THE NEAREST OFFICE OF THE U.S.
LABOR-MANAGEMENT SERVICES ADMINISTRATION, DEPARTMENT OF LABOR.
11
XVI.
AVAILABILITY OF PLAN DOCUMENTS FOR EXAMINATION
ERISA requires Gilead Sciences, Inc., as the Plan Administrator of a benefit
plan sponsored by the Company, to make available for your examination the Plan
documents under which the Plan is established and operated.