OR
MORE RELATED PERSONS DETERMINED IN ACCORDANCE WITH CODE SECTION 414(N)(6)) ON A
SUBSTANTIALLY FULL-TIME BASIS FOR A PERIOD OF AT LEAST ONE (1) YEAR (AS
DETERMINED IN ACCORDANCE WITH THE APPLICABLE PROVISIONS OF THE PROPOSED INCOME
TAX REGULATIONS SECTION 1.414(N)-1(B)(10)), AND SUCH SERVICES ARE PERFORMED
UNDER THE PRIMARY DIRECTION OR CONTROL OF THE RECIPIENT COMPANY, UNLESS SUCH
INDIVIDUAL IS COVERED BY A MONEY PURCHASE PLAN MAINTAINED BY THE LEASING
ORGANIZATION AND MEETING THE REQUIREMENTS OF CODE SECTION 414(N)(5)(B), AND
LEASED EMPLOYEES DO NOT CONSTITUTE MORE THAN 20% OF ALL NON-HIGHLY COMPENSATED
EMPLOYEES OF ALL AFFILIATED COMPANIES WITHIN THE MEANING OF CODE
SECTION 414(N)(5)(C)(II).
SECTION 1.27
ERISA.
"ERISA" SHALL MEAN THE EMPLOYEE RETIREMENT INCOME
SECURITY ACT OF 1974, AS AMENDED.
SECTION 1.28
FORMER PARTICIPANT.
"FORMER PARTICIPANT" SHALL MEAN A
PERSON WHO HAS SEPARATED FROM THE SERVICE AND HAS BECOME ENTITLED TO A BENEFIT
UNDER THE PLAN.
SECTION 1.29
HENLEY.
"HENLEY" SHALL MEAN THE CORPORATE ENTITY KNOWN
AS THE HENLEY GROUP, INC. DURING THE PERIOD COMMENCING ON MAY 27, 1986 AND
ENDING DECEMBER 31, 1989.
SECTION 1.30
HENLEY PROPERTIES.
"HENLEY PROPERTIES" SHALL MEAN HENLEY
PROPERTIES INC., A DELAWARE CORPORATION KNOWN PRIOR TO JANUARY 1, 1990 AS THE
HENLEY GROUP, INC. AND AFTER THE 1992 MERGER (AS DEFINED IN THE PREAMBLE) AS THE
BOLSA CHICA COMPANY.
Section 1.30A
Highly Compensated Employee.
"Highly Compensated Employee"
means (a) any 5% owner during the current Plan Year or the preceding Plan Year
("look back year"), and (b) any Employee receiving Remuneration within the
meaning of Appendix I of the Plan in the look back year in excess of $80,000, as
indexed pursuant to Code Section 414(q).
SECTION 1.31
HOUR OF SERVICE.
(A)
"HOUR OF SERVICE" OF AN EMPLOYEE SHALL MEAN THE FOLLOWING:
12
(I)
EACH HOUR FOR WHICH HE IS PAID OR
ENTITLED TO PAYMENT (AS DETERMINED UNDER REGULATIONS OF THE SECRETARY OF LABOR
WITHOUT REFERENCE TO THE LIMITATIONS OF SECTION 1.19) BY A COMPANY,
(II)
EACH HOUR IN OR ATTRIBUTABLE TO A PERIOD
OF TIME DURING WHICH HE PERFORMS NO DUTIES (IRRESPECTIVE OF WHETHER HE HAS HAD A
SEPARATION FROM THE SERVICE) DUE TO A VACATION, HOLIDAY, ILLNESS, INCAPACITY
(INCLUDING PREGNANCY OR DISABILITY), LAYOFF, JURY DUTY, MILITARY DUTY OR A LEAVE
OF ABSENCE, FOR WHICH HE IS SO PAID OR SO ENTITLED TO PAYMENT; PROVIDED,
HOWEVER, THAT
(A)
NO MORE THAN FIVE HUNDRED AND ONE HOURS OF
SERVICE SHALL BE CREDITED UNDER THIS PARAGRAPH TO AN EMPLOYEE ON ACCOUNT OF ANY
SUCH PERIOD, AND
(B)
NO SUCH HOURS SHALL BE CREDITED TO AN
EMPLOYEE IF ATTRIBUTABLE TO PAYMENTS 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 TO A PAYMENT WHICH SOLELY
REIMBURSES THE EMPLOYEE FOR MEDICAL OR MEDICALLY RELATED EXPENSES INCURRED BY
HIM.
(III)
EACH HOUR FOR WHICH HE IS ENTITLED TO BACK
PAY, IRRESPECTIVE OF MITIGATION OF DAMAGES, WHETHER AWARDED OR AGREED TO BY A
COMPANY.
(B)
HOURS OF SERVICE UNDER SUBSECTION (A) (II) AND (A)(III)