ADMINISTRATOR" PURSUANT TO SECTION 10.1.
(CC)
"PLAN YEAR" MEANS THE 12-CONSECUTIVE-MONTH
PERIOD ENDING EACH DECEMBER 31.
(DD)
"PROFIT SHARING CONTRIBUTIONS" MEANS THOSE
CONTRIBUTIONS MADE BY AN EMPLOYER ON BEHALF OF A PARTICIPANT AS DESCRIBED IN
SECTION 4.10, AND SHALL CONSIST OF -
(1)
BALANCED PROFIT SHARING CONTRIBUTIONS, AS
DESCRIBED IN SUBSECTION 4.10(A); AND
(2)
INVESTOR PROFIT SHARING CONTRIBUTIONS, AS
DESCRIBED IN SUBSECTION 4.10(B)
(EE)
"RETIRE" MEANS TO TERMINATE EMPLOYMENT WITH THE
EMPLOYER AND ALL AFFILIATES -
(1)
AFTER REACHING AGE 65; OR
(2)
AFTER REACHING AGE 50 AND COMPLETING FIVE
YEARS OF SERVICE.
(FF)
"ROLLOVER CONTRIBUTION" MEANS THOSE
CONTRIBUTIONS MADE BY A PARTICIPANT AS DESCRIBED IN SECTION 4.7.
(GG)
"SECURITIES EXCHANGE ACT" MEANS THE SECURITIES
EXCHANGE ACT OF 1934, AS AMENDED FROM TIME TO TIME, AND INTERPRETIVE RULINGS AND
REGULATIONS.
(HH)
"TRUST AGREEMENT" MEANS ANY AGREEMENT ESTABLISHING
A TRUST, WHICH FORMS PART OF THE PLAN, TO RECEIVE, HOLD, INVEST, AND DISPOSE OF
THE TRUST FUND.
(II)
"TRUST FUND" MEANS THE ASSETS OF EVERY
KIND AND DESCRIPTION HELD UNDER THE TRUST AGREEMENT.
7
(JJ)
"TRUSTEE" MEANS THE CORPORATION, OR
INDIVIDUAL OR INDIVIDUALS, OR COMBINATION THEREOF, ACTING AS TRUSTEE UNDER THE
TRUST AGREEMENT AT ANY TIME OF REFERENCE.
(KK)
"VALUATION DATE" MEANS EACH BUSINESS DAY.
(LL)
"YEARS OF SERVICE" MEANS, WITH RESPECT TO
AN EMPLOYEE, THE PERIOD OF TIME DURING WHICH THE EMPLOYMENT RELATIONSHIP EXISTS
BETWEEN THE EMPLOYEE AND THE EMPLOYER, THE LENGTH OF WHICH IS DETERMINED AS
FOLLOWS:
AN EMPLOYEE WILL BE CREDITED WITH YEARS OF SERVICE FOR THE PERIOD OF
TIME BEGINNING WITH THE LATER OF (I) HIS ATTAINMENT OF AGE 18 OR (B) HIS SERVICE
COMMENCEMENT DATE AND ENDING ON HIS SEVERANCE FROM SERVICE DATE AND FOR EACH
PERIOD OF CREDITED SEVERANCE.
FOR PURPOSES OF THIS SUBSECTION 2.1(LL):
(1)
"SERVICE COMMENCEMENT DATE" MEANS, WITH
RESPECT TO EACH EMPLOYEE, THE DATE AS OF WHICH THE EMPLOYEE IS FIRST ENTITLED TO
BE CREDITED WITH AN HOUR OF SERVICE.
(2)
"HOUR OF SERVICE" MEANS, WITH RESPECT TO
ANY EMPLOYEE, ANY OF THE FOLLOWING:
(A) EACH HOUR FOR WHICH HE IS PAID, OR
ENTITLED TO PAYMENT, BY AN EMPLOYER FOR THE PERFORMANCE OF DUTIES FOR THAT
EMPLOYER; (B) EACH OTHER HOUR FOR WHICH BACK PAY, IRRESPECTIVE OF MITIGATION OF
DAMAGES, HAS BEEN EITHER AWARDED TO HIM OR AGREED TO BE PAID TO HIM BY AN
EMPLOYER; (C) EACH OTHER HOUR FOR WHICH HE IS ABSENT FROM HIS NORMAL PERIOD OF
EMPLOYMENT WITH HIS EMPLOYER DUE TO AN APPROVED MILITARY LEAVE, MATERNITY LEAVE,
PATERNITY LEAVE, ADOPTION LEAVE, WORKER'S COMPENSATION LEAVE, PERSONAL LEAVE OF
SIX CONSECUTIVE MONTHS OR LESS, SICK LEAVE OF SIX CONSECUTIVE MONTHS OR LESS, OR
TOTAL DISABILITY QUALIFYING HIM FOR BENEFITS UNDER THE COMPANY'S LONG-TERM
DISABILITY PLAN FOR A PERIOD OF NO MORE THAN TWELVE MONTHS; AND (D) EACH OTHER
HOUR FOR WHICH HE IS PAID, OR ENTITLED TO PAYMENT, BY AN EMPLOYER FOR A PERIOD
OF TIME DURING WHICH HE DOES NOT PERFORM ANY DUTIES FOR THAT EMPLOYER
(IRRESPECTIVE OF WHETHER OR NOT HIS EMPLOYMENT RELATIONSHIP WITH THAT EMPLOYER
HAS TERMINATED)