OF
PRE-ESTABLISHED ORGANIZATIONAL OR INDIVIDUAL PERFORMANCE CRITERIA RELATING TO A
PERFORMANCE PERIOD OF AT LEAST 12 CONSECUTIVE MONTHS, AS DETERMINED BY THE
COMMITTEE IN ACCORDANCE WITH TREAS. REG. §1.409A-1(E).
1.28
"PLAN" SHALL MEAN THE SI INTERNATIONAL DEFERRED COMPENSATION PLAN,
WHICH SHALL BE EVIDENCED BY THIS INSTRUMENT, AS IT MAY BE AMENDED FROM TIME TO
TIME, AND BY ANY OTHER DOCUMENTS THAT TOGETHER WITH THIS INSTRUMENT DEFINE A
PARTICIPANT'S RIGHTS TO AMOUNTS CREDITED TO HIS OR HER ACCOUNT BALANCE.
5
Amended and Restated SI International Deferred Compensation Plan
Master Plan Document
1.29
"PLAN AGREEMENT" SHALL MEAN A WRITTEN AGREEMENT IN THE FORM
PRESCRIBED BY OR ACCEPTABLE TO THE COMMITTEE THAT EVIDENCES A PARTICIPANT'S
AGREEMENT TO THE TERMS OF THE PLAN AND WHICH MAY ESTABLISH ADDITIONAL TERMS OR
CONDITIONS OF PLAN PARTICIPATION FOR A PARTICIPANT.
UNLESS OTHERWISE DETERMINED
BY THE COMMITTEE, THE MOST RECENT PLAN AGREEMENT ACCEPTED WITH RESPECT TO A
PARTICIPANT SHALL SUPERSEDE ANY PRIOR PLAN AGREEMENTS FOR SUCH PARTICIPANT.
PLAN AGREEMENTS MAY VARY AMONG PARTICIPANTS AND MAY PROVIDE ADDITIONAL BENEFITS
NOT SET FORTH IN THE PLAN OR LIMIT THE BENEFITS OTHERWISE PROVIDED UNDER THE
PLAN.
1.30
"PLAN YEAR" SHALL MEAN A PERIOD BEGINNING ON JANUARY 1 OF EACH
CALENDAR YEAR AND CONTINUING THROUGH DECEMBER 31 OF SUCH CALENDAR YEAR.
1.31
"RETIREMENT," "RETIRE(S)" OR "RETIRED" SHALL MEAN WITH RESPECT TO A
PARTICIPANT WHO IS AN EMPLOYEE, A SEPARATION FROM SERVICE ON OR AFTER THE
ATTAINMENT OF AGE 65, AND SHALL MEAN WITH RESPECT TO A PARTICIPANT WHO IS A
DIRECTOR, A SEPARATION FROM SERVICE.
1.32
"SEPARATION FROM SERVICE" SHALL MEAN A TERMINATION OF SERVICES
PROVIDED BY A PARTICIPANT TO HIS OR HER EMPLOYER, WHETHER VOLUNTARILY OR
INVOLUNTARILY, OTHER THAN BY REASON OF DEATH OR DISABILITY, AS DETERMINED BY THE
COMMITTEE IN ACCORDANCE WITH TREAS. REG. §1.409A-1(H).
IN DETERMINING WHETHER A
PARTICIPANT HAS EXPERIENCED A SEPARATION FROM SERVICE, THE FOLLOWING PROVISIONS
SHALL APPLY:
(A)
FOR A PARTICIPANT WHO PROVIDES SERVICES TO AN EMPLOYER AS AN
EMPLOYEE, EXCEPT AS OTHERWISE PROVIDED IN PART (C) OF THIS SECTION, A SEPARATION
FROM SERVICE SHALL OCCUR WHEN SUCH PARTICIPANT HAS EXPERIENCED A TERMINATION OF
EMPLOYMENT WITH SUCH EMPLOYER.
A PARTICIPANT SHALL BE CONSIDERED TO HAVE
EXPERIENCED A TERMINATION OF EMPLOYMENT WHEN THE FACTS AND CIRCUMSTANCES
INDICATE THAT THE PARTICIPANT AND HIS OR HER EMPLOYER REASONABLY ANTICIPATE THAT
EITHER (I) NO FURTHER SERVICES WILL BE PERFORMED FOR THE EMPLOYER AFTER A
CERTAIN DATE, OR (II) THAT THE LEVEL OF BONA FIDE SERVICES THE PARTICIPANT WILL
PERFORM FOR THE EMPLOYER AFTER SUCH DATE (WHETHER AS AN EMPLOYEE OR AS AN
INDEPENDENT CONTRACTOR) WILL PERMANENTLY DECREASE TO NO MORE THAN 20% OF THE
AVERAGE LEVEL OF BONA FIDE SERVICES PERFORMED BY SUCH PARTICIPANT (WHETHER AS AN
EMPLOYEE OR AN INDEPENDENT CONTRACTOR) OVER THE IMMEDIATELY PRECEDING 36-MONTH
PERIOD (OR THE FULL PERIOD OF SERVICES TO THE EMPLOYER IF THE PARTICIPANT HAS
BEEN PROVIDING SERVICES TO THE EMPLOYER LESS THAN 36 MONTHS).
If a Participant is on military leave, sick leave, or other bona fide leave of
absence, the employment