UNDER THIS PLAN, THE EMPLOYMENT
OF A DISABLED EXECUTIVE SHALL BE DEEMED TO HAVE TERMINATED "FOR REASONS OTHER
THAN DISABILITY" TWELVE MONTHS AFTER THE EXECUTIVE BECOMES DISABLED, PROVIDED HE
DOES NOT RESUME ACTIVE EMPLOYMENT WITH THE CONTROLLED GROUP BEFORE SUCH DATE.
SECTION 2.15
"SAVINGS PLAN BENEFIT"
SHALL MEAN THE BENEFIT PAYABLE TO
THE EXECUTIVE CALCULATED AS OF JULY 1, 1994 IN ACCORDANCE WITH EXHIBIT C WHICH
IS ATTACHED TO AND FORMS A PART OF THIS PLAN.
SECTION 2.16
"SEPARATION FROM SERVICE" OR TO "SEPARATE FROM SERVICE"
SHALL MEAN ANY TERMINATION OF EMPLOYMENT WITH THE CONTROLLED GROUP DUE TO
RETIREMENT, DEATH, DISABILITY OR OTHER REASON; PROVIDED, HOWEVER, THAT NO
SEPARATION FROM SERVICE IS DEEMED TO OCCUR WHILE THE EXECUTIVE (1) IS ON
MILITARY LEAVE, SICK LEAVE, OR OTHER BONA FIDE LEAVE OF ABSENCE THAT DOES NOT
EXCEED SIX (6) MONTHS (OR, IN THE CASE OF DISABILITY, TWELVE (12) MONTHS), OR IF
LONGER, THE PERIOD DURING WHICH THE EXECUTIVE'S RIGHT TO REEMPLOYMENT WITH THE
CONTROLLED GROUP IS PROVIDED EITHER BY STATUTE OR BY CONTRACT, OR (2) CONTINUES
TO PERFORM SERVICES FOR THE CONTROLLED GROUP AT AN ANNUAL RATE OF FIFTY PERCENT
(50%) OR MORE OF THE AVERAGE LEVEL OF SERVICES PERFORMED OVER THE IMMEDIATELY
PRECEDING 36-MONTH PERIOD (OR THE FULL PERIOD IN WHICH THE EXECUTIVE PROVIDED
SERVICES (WHETHER AS AN EMPLOYEE OR AS AN INDEPENDENT CONTRACTOR) IF THE
EXECUTIVE HAS BEEN PROVIDING SERVICES FOR LESS THAN 36 MONTHS).
WITH RESPECT TO
THE TERMS OF THE PLAN AFFECTING NON-GRANDFATHERED SERP BENEFITS, ANY REFERENCE
TO "TERMINATION OF EMPLOYMENT" IN THE PLAN SHALL MEAN SEPARATION FROM SERVICE AS
DEFINED IN THIS SECTION.
WHETHER AN EXECUTIVE HAS INCURRED A SEPARATION FROM
SERVICE SHALL BE DETERMINED IN ACCORDANCE WITH THE 409A GUIDANCE.
SECTION 2.17
"SERP BENEFIT"
SHALL MEAN THE RETIREMENT BENEFIT
DETERMINED UNDER ARTICLE III.
SECTION 2.18
"SERP PRE-RETIREMENT BENEFIT"
SHALL MEAN THE
PRE-RETIREMENT BENEFIT DETERMINED UNDER ARTICLE IV.
SECTION 2.19
"SPECIFIED EMPLOYEE"
SHALL MEAN "SPECIFIED EMPLOYEE" AS
DEFINED IN THE ADMINISTRATIVE DOCUMENT.
SECTION 2.20
"YEAR OF BENEFIT SERVICE."
(1)
AN EXECUTIVE SHALL BE CREDITED WITH ONE YEAR OF BENEFIT SERVICE
FOR EACH YEAR OF "CREDITED SERVICE" (OR SUCH OTHER DEFINED TERM WHICH IS USED TO
DETERMINE SERVICE FOR BENEFIT ACCRUAL PURPOSES) AS DEFINED BY AND CREDITED TO
THE EXECUTIVE UNDER THE PENSION PLAN.
NOTWITHSTANDING THE FOREGOING, FOR
PURPOSES OF CALCULATING YEARS OF BENEFIT SERVICE FOR A CASH BALANCE PARTICIPANT,
THE RULES APPLICABLE FOR DETERMINING CREDITED SERVICE UNDER THE PENSION PLAN FOR
PERSONS WHO ACCRUE BENEFITS UNDER THE FINAL AVERAGE COMPENSATION FORMULA
SPECIFIED IN ARTICLE 4 OF THE PENSION PLAN SHALL APPLY.
(2)
A DISABLED EXECUTIVE SHALL CONTINUE TO ACCRUE YEARS OF BENEFIT
SERVICE DURING THE PERIOD OF TWELVE MONTHS FOLLOWING THE DATE ON WHICH HE
BECOMES DISABLED FOR PURPOSES OF DETERMINING THE AMOUNT OF HIS SERP BENEFIT
HEREUNDER.
(3)
IN NO EVENT SHALL AN EXECUTIVE'S YEARS OF BENEFIT SERVICE UNDER
THE PLAN EXCEED THIRTY (30) YEARS.
4
SECTION 2.21
"YEAR OF ELIGIBILITY SERVICE."
(1)
AN EXECUTIVE SHALL BE CREDITED WITH ONE YEAR OF ELIGIBILITY
SERVICE