THE APRIL 1 NEXT FOLLOWING THE SPECIFIED EMPLOYEE IDENTIFICATION DATE, AND, IN
THE CASE OF AN EMPLOYEE WHO TERMINATES EMPLOYMENT AFTER DECEMBER 31, 2009, THE
JANUARY 1 NEXT FOLLOWING THE SPECIFIED EMPLOYEE IDENTIFICATION DATE.
(GG)
"SPECIFIED EMPLOYEE IDENTIFICATION DATE" MEANS
DECEMBER 31.
(HH)
SPOUSE" MEANS, AS OF THE EXECUTIVE'S ANNUITY
STARTING DATE, (I) THE PERSON TO WHOM THE EXECUTIVE IS MARRIED IN ACCORDANCE
WITH APPLICABLE LAW OF THE JURISDICTION IN WHICH THE EXECUTIVE RESIDES, OR
(II) IN THE CASE OF AN EXECUTIVE NOT DESCRIBED IN CLAUSE (I), THE EXECUTIVE'S
DOMESTIC PARTNER.
(II)
"SUPPLEMENTAL LIFE ANNUITY" MEANS THE
BENEFIT PAYABLE TO AN EXECUTIVE PURSUANT TO ARTICLE VI.
(JJ)
"SURVIVOR BENEFIT" MEANS THE BENEFIT, IF
ANY, PAYABLE TO AN EXECUTIVE'S SPOUSE OR OTHER BENEFICIARY PURSUANT TO
ARTICLE VI FOLLOWING THE EXECUTIVE'S DEATH AFTER TERMINATION OF EMPLOYMENT WITH
VESTED RIGHTS TO A SUPPLEMENTAL LIFE ANNUITY.
(KK)
"TERMINATION OF EMPLOYMENT," "TERMINATES
EMPLOYMENT," OR ANY VARIATION THEREOF REFERS TO A SEPARATION FROM SERVICE WITHIN
THE MEANING OF CODE SECTION 409A(A)(2)(A)(I) FOR A REASON OTHER THAN THE
EXECUTIVE'S DEATH.
(LL)
"TRUST" MEANS THE GRANTOR TRUST
ESTABLISHED BY THE COMPANY TO PROVIDE A SOURCE FOR THE PAYMENT OF RETIREMENT
BENEFITS UNDER THE PLAN AND BENEFITS UNDER CERTAIN OTHER EMPLOYER PROGRAMS.
(MM)
"TRUSTEE" MEANS THE TRUSTEE OF THE TRUST.
(NN)
"VESTED" MEANS, WITH RESPECT TO AN EXECUTIVE, THE
PORTION OF THE EXECUTIVE'S SUPPLEMENTAL LIFE ANNUITY IN WHICH THE EXECUTIVE HAS
A NON-FORFEITABLE INTEREST, TO THE EXTENT PROVIDED HEREIN.
(OO)
"VESTING SERVICE" MEANS, WITH RESPECT TO AN
EXECUTIVE, HIS TOTAL SERVICE; PROVIDED, HOWEVER, IN DETERMINING THE EXECUTIVE'S
TOTAL VESTING SERVICE, HE SHALL BE CREDITED WITH A FULL YEAR OF VESTING SERVICE
FOR ANY PERIOD OF AT LEAST FIVE MONTHS IN ADDITION TO HIS FULL YEARS OF
SERVICE.
FOR EXAMPLE, A PARTICIPANT WITH FOUR YEARS AND SIX MONTHS OF SERVICE
SHALL BE CREDITED WITH FIVE YEARS OF VESTING SERVICE.
6
SECTION 2.02
RULES OF INTERPRETATION.
(A)
THE PLAN IS INTENDED TO COMPLY WITH
(I) CODE SECTION 409A AND (II) THE APPLICABLE PROVISIONS OF ERISA, AND IT SHALL
BE INTERPRETED AND ADMINISTERED IN ACCORDANCE WITH SUCH INTENT. EXCEPT AS
PROVIDED IN THE PRECEDING SENTENCE OR AS OTHERWISE EXPRESSLY PROVIDED HEREIN,
THE PLAN SHALL BE CONSTRUED, ENFORCED, AND ADMINISTERED, AND THE VALIDITY
THEREOF DETERMINED, IN ACCORDANCE WITH THE INTERNAL LAWS OF THE STATE OF INDIANA
WITHOUT REGARD TO CONFLICT OF LAW PRINCIPLES, AND THE FOLLOWING PROVISIONS OF
THIS SECTION.
(B)
WORDS USED HEREIN IN THE MASCULINE SHALL BE
CONSTRUED TO INCLUDE THE FEMININE, WHERE APPROPRIATE, AND VICE VERSA, AND WORDS
USED HEREIN IN THE SINGULAR OR PLURAL SHALL BE CONSTRUED TO INCLUDE THE PLURAL
OR SINGULAR, WHERE APPROPRIATE.
(C)
HEADINGS AND SUBHEADINGS ARE USED FOR
CONVENIENCE OF REFERENCE ONLY AND SHALL NOT AFFECT THE INTERPRETATION OF ANY
PROVISION HEREOF.
(D)
IF ANY PROVISION OF THE PLAN SHALL BE HELD
TO VIOLATE THE CODE OR ERISA OR BE ILLEGAL OR INVALID FOR ANY OTHER REASON, THAT
PROVISION SHALL BE DEEMED NULL AND VOID, BUT THE INVALIDATION OF THAT PROVISION
SHALL NOT OTHERWISE