of 1974, as amended
("ERISA"), and each of the terms of this Plan and Trust shall be so interpreted.
The benefits provided under the Plan to any participant who terminates
Employment, retires or dies while employed by the Company or any Affiliate
thereof shall be determined in accordance with the provisions of the Plan as in
effect on the date of such Termination of Employment, unless such person is
thereafter reemployed and again becomes a Participant in the Plan.
1
ARTICLE I
DEFINITIONS
Each of the following terms shall have the meaning set forth in this Article I
for purposes of this Plan:
1.1
ACCOUNT
SHALL MEAN THE SEPARATE ACCOUNT
ESTABLISHED AND MAINTAINED FOR EACH PARTICIPANT PURSUANT TO SECTION 4.1.
1.2
ACCOUNT BALANCE
SHALL MEAN THE VALUE OF A
PARTICIPANT'S ACCOUNT DETERMINED AS OF THE APPLICABLE VALUATION DATE.
1.3
ADMINISTRATIVE COMMITTEE
SHALL MEAN THE
COMMITTEE APPOINTED PURSUANT TO, AND HAVING THE RESPONSIBILITIES SPECIFIED IN,
ARTICLE XI OF THE PLAN.
1.4
AFFILIATE
SHALL MEAN ANY CORPORATION OR
UNINCORPORATED TRADE OR BUSINESS (OTHER THAN THE COMPANY) WHILE IT IS: (A) A
MEMBER OF A CONTROLLED GROUP OF CORPORATIONS (WITHIN THE MEANING OF CODE
SECTION 414(B)) OF WHICH THE COMPANY IS A MEMBER; (B) A TRADE OR BUSINESS UNDER
"COMMON CONTROL" (WITHIN THE MEANING OF CODE SECTION 414(C)) WITH THE COMPANY;
(C) A MEMBER OF AN "AFFILIATED SERVICE GROUP" (WITHIN THE MEANING OF CODE
SECTION 414(M)) WHICH INCLUDES THE COMPANY; OR (D) ANY OTHER ENTITY REQUIRED TO
BE AGGREGATED WITH THE COMPANY UNDER CODE SECTION 414(O).
Notwithstanding the foregoing, for purposes of applying Code Section 414 (b) and
(c) to Code Section 415, the phrase "more than 50 percent" shall be substituted
for the phrase "at least 80 percent" each place it appears in Code
Section 1563(a)(1).
1.5
ANNUITY CONTRACT
SHALL MEAN AN INDIVIDUAL
OR GROUP ANNUITY CONTRACT ISSUED BY AN INSURANCE COMPANY PROVIDING PERIODIC
BENEFITS, WHETHER FIXED, VARIABLE OR BOTH, THE BENEFITS OR VALUE OF WHICH A
PARTICIPANT OR BENEFICIARY CANNOT TRANSFER, SELL, ASSIGN, DISCOUNT, OR PLEDGE AS
COLLATERAL FOR A LOAN OR AS SECURITY FOR THE PERFORMANCE OF AN OBLIGATION, OR
FOR ANY OTHER PURPOSE, TO ANY PERSON OTHER THAN THE ISSUER THEREOF. THE TERMS OF
ANY ANNUITY CONTRACT DISTRIBUTED BY THE PLAN TO A PARTICIPANT OR BENEFICIARY
SHALL COMPLY WITH THE TERMS OF THIS PLAN.
1.6
BENEFICIARY
SHALL MEAN THE PERSON OR
PERSONS ENTITLED TO RECEIVE ANY PAYMENT OF BENEFITS FROM THE PLAN UPON A
PARTICIPANT'S DEATH, AS DETERMINED IN ACCORDANCE WITH SECTION 8.2.
1.7
BENEFIT COMMENCEMENT DATE
SHALL MEAN THE
FIRST DAY OF THE FIRST PERIOD FOR WHICH AN ANNUITY BENEFIT IS PAYABLE TO THE
PARTICIPANT UNDER THE PLAN OR, IF A PARTICIPANT'S BENEFIT IS NOT PAYABLE IN THE
FORM OF AN ANNUITY, THE FIRST DAY ON WHICH ALL EVENTS HAVE OCCURRED THAT ENTITLE
THE PARTICIPANT TO RECEIVE HIS OR HER BENEFIT.
1.8
BREAK-IN-SERVICE
SHALL MEAN A ONE-YEAR
PERIOD OF SEVERANCE DETERMINED ON THE BASIS OF A 12-CONSECUTIVE-MONTH PERIOD
BEGINNING ON THE SEVERANCE FROM SERVICE DATE AND ENDING