PARTICIPANTS' ACCOUNT THAT IS FORFEITED PURSUANT TO SECTION 8.2.
2.25
HIGHLY COMPENSATED EMPLOYEE.
"HIGHLY COMPENSATED EMPLOYEE" MEANS
AN EMPLOYEE OR AN EMPLOYEE OF A RELATED EMPLOYER, WHO IS INCLUDED IN AT LEAST
ONE OF THE FOLLOWING CATEGORIES WITHIN THE MEANING OF CODE SECTION 414(Q) AND
REGULATIONS THEREUNDER:
(A)
AN EMPLOYEE WHO WAS A FIVE PERCENT (5%) OWNER (WITHIN THE MEANING
OF CODE SECTION 414(Q)(2)) OF THE EMPLOYER AT ANY TIME DURING THE PLAN YEAR
COINCIDING WITH THE DETERMINATION YEAR, OR THE 12 MONTH PERIOD PRECEDING THE
PLAN YEAR (THE "LOOK-BACK YEAR"); OR
(B)
AN EMPLOYEE WHO RECEIVED AGGREGATE COMPENSATION FROM THE EMPLOYER
FOR THE LOOK-BACK YEAR IN EXCESS OF THE DOLLAR LIMITATION CONTAINED IN CODE
SECTION 414(Q)(1)(B)(I) (WHICH IS $95,000 IN THE LOOKBACK YEAR OF 2005 TO BE
CONSIDERED HIGHLY COMPENSATED FOR THE PLAN YEAR COMMENCING JANUARY 1, 2006).
2.26
HOUR OF SERVICE.
"HOUR OF SERVICE" MEANS EACH HOUR FOR WHICH AN
EMPLOYEE IS PAID OR ENTITLED TO PAYMENT BY THE EMPLOYER OR ANY RELATED EMPLOYER
ON ACCOUNT OF:
(A)
PERFORMANCE OF DUTIES;
(B)
A PERIOD OF TIME DURING WHICH NO DUTIES ARE PERFORMED
(IRRESPECTIVE OF WHETHER THE EMPLOYMENT RELATIONSHIP HAS TERMINATED) DUE TO
VACATION, HOLIDAY, ILLNESS, INCAPACITY (INCLUDING DISABILITY), LAYOFF, JURY
DUTY, MILITARY DUTY, OR LEAVE OF ABSENCE.
NO MORE THAN FIVE HUNDRED AND ONE
(501) HOURS OF SERVICE SHALL BE CREDITED UNDER THIS PARAGRAPH FOR ANY SINGLE
CONTINUOUS PERIOD (WHETHER OR NOT SUCH PERIOD OCCURS IN A SINGLE COMPUTATION
PERIOD).
HOURS UNDER THIS PARAGRAPH SHALL BE CALCULATED AND CREDITED PURSUANT
TO 29 CFR 2530.200B-2(A), (B) AND (C), WHICH ARE INCORPORATED HEREIN BY THIS
REFERENCE;
(C)
AN AWARD OF BACK PAY, IRRESPECTIVE OF MITIGATION OF DAMAGES,
AGREED TO BY THE EMPLOYER OR ANY RELATED EMPLOYER.
HOWEVER, HOURS CREDITED
UNDER (A) OR (B) ABOVE SHALL NOT ALSO BE CREDITED UNDER THIS SUBSECTION (C);
(D)
NOTWITHSTANDING THE PRECEDING PROVISIONS OF THIS SECTION 2.26, NO
CREDIT WILL BE GIVEN:
(I)
FOR AN HOUR OF SERVICE FOR WHICH THE INDIVIDUAL IS DIRECTLY OR
INDIRECTLY PAID, OR ENTITLED TO PAYMENT, ON ACCOUNT OF A PERIOD DURING WHICH NO
DUTIES ARE PERFORMED IF SUCH PAYMENT IS MADE OR DUE UNDER A PLAN MAINTAINED
SOLELY FOR THE PURPOSE OF COMPLYING WITH APPLICABLE WORKER'S COMPENSATION,
UNEMPLOYMENT COMPENSATION OR DISABILITY INSURANCE LAWS; OR
(II)
FOR AN HOUR OF SERVICE FOR WHICH A PAYMENT IS MADE WHICH SOLELY
REIMBURSES THE INDIVIDUAL FOR MEDICAL OR MEDICALLY RELATED EXPENSES INCURRED;
(E)
HOURS OF SERVICE WILL ALSO BE CREDITED FOR ANY INDIVIDUAL
CONSIDERED AN EMPLOYEE UNDER CODE SECTION 414(N); AND
(F)
THE COMMITTEE SHALL DETERMINE HOURS OF SERVICE FROM RECORDS OF
HOURS WORKED AND HOURS FOR WHICH PAYMENT ARE MADE OR DUE ACCORDING TO EACH HOUR
OF SERVICE ACTUALLY COMPLETED BY AN EMPLOYEE.
HOWEVER, IN THE EVENT THAT ACTUAL
HOURS OF
SERVICE CANNOT BE DETERMINED FROM THE EMPLOYER'S RECORDS, THE EMPLOYEE SHALL BE
CREDITED WITH HOURS OF SERVICE IN ACCORDANCE WITH THE EQUIVALENCIES BASED ON
PERIODS OF EMPLOYMENT SET FORTH IN 29 CFR 2530.200B-3(E). (I.E., IF RECORDS ARE
MAINTAINED DAILY