(I) WITH WHOM THE PARTICIPANT HAS A SINGLE, DEDICATED RELATIONSHIP AND HAS
SHARED THE SAME PERMANENT RESIDENCE FOR AT LEAST SIX MONTHS, (II) WHO IS NOT
MARRIED TO ANOTHER PERSON OR PART OF ANOTHER DOMESTIC PARTNER RELATIONSHIP AND
IS AT LEAST AGE 18, (III) WHO, WITH THE PARTICIPANT, IS MUTUALLY RESPONSIBLE FOR
THE OTHER'S WELFARE, (IV) WHO, WITH THE PARTICIPANT, INTENDS FOR THEIR
RELATIONSHIP TO BE PERMANENT, (V) WHO IS NOT SO CLOSELY RELATED TO THE
PARTICIPANT AS TO PRECLUDE MARRIAGE UNDER STATE LAW, AND (VI) FOR WHOM THERE IS
AN AFFIRMATION OF DOMESTIC PARTNERSHIP ON FILE WITH THE ADMINISTRATOR.
IN
DETERMINING WHETHER THE REQUIREMENTS OF CLAUSES (I) THROUGH (V) OF THE PRECEDING
SENTENCE HAVE BEEN SATISFIED, THE ADMINISTRATOR MAY RELY ON THE AFFIRMATION OF
DOMESTIC PARTNERSHIP FILED WITH THE ADMINISTRATOR.
(O)
"EMPLOYEE" MEANS A COMMON LAW EMPLOYEE OF AN EMPLOYER.
(P)
"EMPLOYER" MEANS THE COMPANY AND ALL OF ITS AFFILIATED EMPLOYERS.
3
(Q)
"ERISA" MEANS THE EMPLOYEE RETIREMENT INCOME SECURITY ACT OF 1974,
AS AMENDED FROM TIME TO TIME.
(R)
"EXCESS BENEFIT" MEANS, WITH RESPECT TO A PARTICIPANT AS OF ANY
DATE, A BENEFIT EQUAL TO THE EXCESS, IF ANY, OF (I) THE BENEFIT THAT WOULD HAVE
BEEN PAYABLE TO, OR WITH RESPECT TO, THE PARTICIPANT UNDER THE PENSION PLAN AS
OF SUCH DATE IN THE SAME FORM AND WITH THE SAME ANNUITY STARTING DATE, IF THE
AMOUNT OF SUCH BENEFIT WERE CALCULATED WITHOUT GIVING EFFECT TO THE QUALIFIED
PLAN LIMITS, OVER (II) THE BENEFIT THAT WOULD BE PAYABLE TO, OR WITH RESPECT TO,
THE PARTICIPANT UNDER THE PENSION PLAN AS OF SUCH DATE IN THE SAME FORM AND WITH
THE SAME ANNUITY STARTING DATE, AFTER GIVING EFFECT TO THE QUALIFIED PLAN
LIMITS.
(S)
"GRANDFATHERED BENEFIT" HAS THE MEANING SPECIFIED IN SECTION 1.01.
(T)
"JOINT ANNUITANT" MEANS THE SURVIVOR ANNUITANT UNDER AN ANNUITY
BENEFIT PAYABLE TO THE PARTICIPANT PURSUANT TO THE PLAN.
(U)
"MARRIED" MEANS, WITH RESPECT TO A PARTICIPANT, THAT THE
PARTICIPANT HAS A SPOUSE.
(V)
"NON-GRANDFATHERED BENEFIT" MEANS A BENEFIT UNDER THE PLAN THAT IS
NOT A GRANDFATHERED BENEFIT.
(W)
"PARTICIPANT" MEANS AN EMPLOYEE (OR FORMER EMPLOYEE) WHO IS (OR
WAS) A PARTICIPANT IN THE PENSION PLAN AND WHO HAS AN EXCESS BENEFIT.
AN
INDIVIDUAL SHALL CEASE TO BE A PARTICIPANT AT SUCH TIME AS HE NO LONGER HAS AN
EXCESS BENEFIT.
(X)
"PENSION PLAN" MEANS THE CUMMINS INC. AND AFFILIATES PENSION
PLAN, AS AMENDED FROM TIME TO TIME.
(Y)
"PLAN" MEANS THE CUMMINS INC. EXCESS BENEFIT RETIREMENT PLAN, AS
SET OUT IN HEREIN AND AS AMENDED FROM TIME TO TIME HEREAFTER.
(Z)
"PRESENT ACTUARIAL VALUE" MEANS THE PRESENT VALUE OF A FUTURE
STREAM OF PAYMENTS, AS DETERMINED BY THE ADMINISTRATOR USING:
(1)
THE MORTALITY TABLE BASED ON THE COMMISSIONER'S STANDARD TABLE
(DESCRIBED IN CODE SECTION 807(D)(5)(A)) USED TO DETERMINE RESERVES FOR GROUP
ANNUITY CONTRACTS ISSUED ON THE DATE AS OF WHICH PRESENT VALUE IS DETERMINED
(WITHOUT REGARD TO ANY OTHER SUBPARAGRAPH OF CODE SECTION 807(D)(5)), THAT IS
PRESCRIBED BY THE COMMISSIONER OF THE INTERNAL REVENUE