OF THE OTHER CORPORATIONS IN SUCH CHAIN.
THE TERM "SUBSIDIARY"
SHALL ALSO INCLUDE A PARTNERSHIP OR LIMITED LIABILITY COMPANY IN WHICH THE
COMPANY OR A SUBSIDIARY OWNS 50% OR MORE OF THE PROFITS INTEREST OR CAPITAL
INTEREST.
1.27
TALX PLAN TRANSFER ACCOUNT SHALL MEAN THE AMOUNT
CREDITED TO A PARTICIPANT UNDER THE TALX CORPORATION NONQUALIFIED SAVINGS AND
RETIREMENT PLAN THAT IS TRANSFERRED TO THIS PLAN IN ACCORDANCE WITH SECTION 3.4,
WHICH SHALL BE MANAGED AND DISTRIBUTED IN ACCORDANCE WITH THE PROVISIONS OF THIS
PLAN.
1.28
TERMINATION OF EMPLOYMENT SHALL MEAN THE DATE OF
THE PARTICIPANT'S SEPARATION FROM SERVICE WITH THE EMPLOYER FOR ANY REASON
WHATSOEVER, WHETHER VOLUNTARY OR INVOLUNTARY, INCLUDING AS A RESULT OF THE
PARTICIPANT'S RETIREMENT OR DEATH, OR TO THE EXTENT PROVIDED IN ARTICLE 6 OF THE
PLAN, DISABILITY.
1.29
VALUATION DATE SHALL MEAN THE DATE THROUGH WHICH
EARNINGS ARE CREDITED AND SHALL BE THE LAST DAY OF THE MONTH PRECEDING THE MONTH
IN WHICH THE PAYOUT OR OTHER EVENT TRIGGERING THE VALUATION OCCURS.
1.30
YEARS OF VESTING SERVICE SHALL MEAN THE YEARS OF
VESTING SERVICE CREDITED TO THE PARTICIPANT UNDER THE EQUIFAX INC. 401(K) PLAN,
AS AMENDED.
ARTICLE II
PARTICIPATION
2.1
ELECTIVE DEFERRAL.
FOR EACH PLAN YEAR A
PARTICIPANT MAY ELECT TO DEFER (I) ANY WHOLE PERCENTAGE BETWEEN FIVE PERCENT
(5%) AND SEVENTY-FIVE PERCENT (75%) OF BASE SALARY AND/OR COMMISSIONS AND/OR
(II) ANY WHOLE PERCENTAGE OR DOLLAR AMOUNT OF BONUS, OR WHOLE PERCENTAGE OR
DOLLAR AMOUNT OF BONUS ABOVE A CERTAIN LEVEL (AS DETERMINED BY THE ADMINISTRATOR
PRIOR TO THE COMMENCEMENT OF THE PLAN YEAR).
A PARTICIPANT MAY ALSO MAKE AN
IRREVOCABLE ELECTION PRIOR TO THE BEGINNING OF THE PLAN YEAR TO HAVE CONTRIBUTED
TO THIS PLAN ANY DEFERRAL CONTRIBUTIONS WHICH THE PARTICIPANT HAS ELECTED AS OF
THE BEGINNING OF THE PLAN YEAR TO BE MADE TO THE QUALIFIED PLAN FOR SUCH PLAN
YEAR WHICH, FOR ANY REASON, MAY NOT BE CONTRIBUTED TO THE QUALIFIED PLAN.
THE
FOREGOING LIMITS SHALL BE INTERPRETED AND APPLIED BY THE ADMINISTRATOR AND THE
ADMINISTRATOR MAY PRIOR TO COMMENCEMENT OF THE PLAN YEAR FURTHER LIMIT THE
MINIMUM OR MAXIMUM AMOUNT DEFERRED BY ANY PARTICIPANT OR GROUP OF PARTICIPANTS,
OR WAIVE THE FOREGOING LIMITS FOR ANY PARTICIPANT OR GROUP OF PARTICIPANTS, FOR
ANY REASON.
2.2
PARTICIPANT ELECTION FORM.
IN ORDER TO MAKE
A DEFERRAL, AN ELIGIBLE EXECUTIVE MUST SUBMIT A PARTICIPANT ELECTION FORM TO THE
ADMINISTRATOR DURING THE ENROLLMENT PERIOD
5
ESTABLISHED BY THE ADMINISTRATOR PRIOR TO THE BEGINNING OF THE PLAN YEAR DURING
WHICH THE BASE SALARY, COMMISSIONS AND/OR BONUS IS EARNED; PROVIDED, THAT THE
ADMINISTRATOR MAY EXTEND THE ELECTION PERIOD (OR PERIOD IN WHICH A BONUS
DEFERRAL ELECTION MAY BE CHANGED) WITH RESPECT TO THE PARTICIPANT'S DEFERRAL OF
A BONUS WHICH QUALIFIES AS "PERFORMANCE-BASED COMPENSATION" UNDER SECTION 409A
TO A DATE THAT IS NOT LATER THAN SIX MONTHS PRIOR TO THE END OF THE APPLICABLE
PERFORMANCE PERIOD FOR THE BONUS, PROVIDED, FURTHER, THAT AT THE TIME OF SUCH
ELECTION THE AMOUNT OF THE BONUS IS NOT READILY ASCERTAINABLE.
THE
ADMINISTRATOR