DIEBOLD, INCORPORATED
SUPPLEMENTAL EMPLOYEE RETIREMENT PLAN I
As Amended and Restated
January 1, 2008
SUPPLEMENTAL EMPLOYEE RETIREMENT
PLAN I
as Amended and Restated
January 1, 20018
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Page
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1
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ARTICLE II PURPOSE OF THE PLAN
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1
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1
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(1) “Actuarial
Equivalent”
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1
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2
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(3) “Annual Compensation”
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2
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2
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2
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2
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(7) “Change in Control
Benefit”
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2
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2
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2
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2
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2
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(12) “Disability Benefit”
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2
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(13) “Early Retirement
Age”
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2
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(14) “Early Retirement
Benefit”
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2
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(15) “Early Retirement
Date”
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3
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3
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(17) “15-Year Service
Benefit”
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3
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(18) “50% Joint and Survivor
Annuity”
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3
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(19) “Final Average Monthly
Compensation”
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3
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(20 “Grandfathered
Benefits”
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3
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(21) “Involuntary Termination
Benefit”
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4
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(22) “Normal Retirement
Benefit”
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4
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(23) “Normal Retirement
Date”
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4
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(24) “100% Joint and Survivor
Annuity”
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4
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4
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4
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(27) “Post-Retirement Death
Benefit”
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(28) “Pre-Retirement Death
Benefit”
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4
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Page
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(29) “Qualified Retirement
Plan”
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4
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(30) “Separation from
Service”
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4
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5
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(32) “Social Security
Benefit”
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(33) “Specified Employee”
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5
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(35) “Supplemental Retirement
Benefit”
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5
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(36) “10-Year Service
Benefit”
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5
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(37) “Terminated For
Cause”
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5
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(38) “Termination of
Employment”
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6
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6
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ARTICLE IV ELIGIBILITY, PARTICIPATION AND
VESTING
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7
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(a) Eligibility for Participation in the
Plan
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7
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(b) Eligibility for Benefits
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7
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7
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(d) Forfeiture of Plan Benefits
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7
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ARTICLE V NORMAL RETIREMENT BENEFITS
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8
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(a) Qualification for Benefit
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8
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(b) Computation of Amount of Normal
Retirement Benefit
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8
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ARTICLE VI EARLY RETIREMENT BENEFIT
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8
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(a) Qualification for Benefit
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8
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(b) Computation of Amount of Early
Retirement Benefit
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8
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ARTICLE VII INVOLUNTARY TERMINATION
BENEFIT
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9
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(a) Qualification for Benefit
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9
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(b) Computation of Amount of Involuntary
Termination Benefit
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9
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ARTICLE VIII 10-YEAR SERVICE BENEFIT
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10
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(a) Qualification for Benefit
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10
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(b) Computation of Amount of 10-Year
Service Benefit
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10
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ARTICLE IX 15-YEAR SERVICE BENEFIT
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11
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(a) Qualification for Benefit
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11
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(b) Computation of Amount of 15-Year
Service Benefit
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11
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ARTICLE X DISABILITY BENEFIT
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12
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(a) Qualified for Benefit
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12
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(b) Computation of Amount of Disability
Benefit
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12
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ARTICLE XI BENEFIT UPON CHANGE IN
CONTROL
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12
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(a) Qualification for Benefit
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12
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12
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(c) Computation of Amount of Change in
Control Benefit
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14
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ARTICLE XII DEATH BENEFIT
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15
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Page
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15
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(b) Post-Retirement Death
Benefit
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15
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(c) Minimum Death Benefit
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16
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ARTICLE XIII PLAN ADMINISTRATION AND
CLAIMS
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17
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(a) Administration by Committee
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17
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(b) Powers of the Committee
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17
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17
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(d) Claims and Review Procedure
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17
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(e) Deadline to File Claim
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19
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(f) Exhaustion of Administrative
Remedies
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19
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(g) Deadline to File Legal
Action
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20
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(h) Knowledge of Fact by Participant
Imputed to Beneficiary
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20
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(i) Information Furnished by
Participants
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20
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20
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ARTICLE XIV OPTIONAL FORMS AND TIMING OF
BENEFITS
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20
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(a) Automatic Form of Payment
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20
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20
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(c) Timing of Benefit Payments
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21
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23
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23
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(b) No Guaranty of Benefits
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24
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(c) Assignments and Restrictions
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24
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24
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25
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25
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(g) Binding Effect on Employer,
Participants, Spouses and Their Successors
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25
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(h) Participant Information
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25
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25
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25
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ARTICLE XVI AMENDMENT AND TERMINATION
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26
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26
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26
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iii
SUPPLEMENTAL EMPLOYEE RETIREMENT
PLAN I
Amended and Restated
January 1, 2008
The Diebold,
Incorporated Supplemental Employee Retirement Plan (the
“Plan”) originally adopted effective January 1,
1990 is hereby amended and restated, effective as of
January 1, 2008. This Amended and Restated Plan applies to any
Participant who retires, is disabled or is deceased on or after
January 1, 2008, except as to such Participant’s
Grandfathered Benefits. Any Participant who reaches any one of
these events prior to January 1, 2008 and any
Participant’s Grandfathered Benefits would be governed by the
terms of the plan then in effect. The Plan is being amended as of
January 1, 2008 to comply with the final regulations under
Code Section 409A, as enacted by the American Jobs Creation
Act.
This Plan was
created for the principal purpose of providing retirement income
for a select group of executive and highly compensated management
employees, within the meaning of Section 201(2), 301(a)(3) and
401(a)(i) of ERISA, of Diebold, Incorporated and its subsidiary
organizations. It is intended to supplement benefits payable under
the Diebold, Incorporated Retirement Plan for Salaried Employees,
as well as benefits payable under the Federal Social Security Act
and certain other deferred compensation arrangements. During the
period from January 1, 2005 and until the effective date of
this Restatement, the Plan was operated in good faith compliance
with IRS Notice 2005-1 proposed regulations under Code §409A
and other applicable guidance.
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(a)
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The
following definitions shall apply with respect to this
Plan:
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(1)
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“Actuarially Equivalent”
shall mean, except where otherwise indicated, a benefit of
equivalent value to the benefit it replaces calculated on the basis
of the UP-1984 Mortality Table and a six and one-half percent
(6 1 / 2 ) interest rate per annum,
compounded annually.
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(2)
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“Affiliate” shall mean
any entity included with the Company in a controlled group of
corporations or trades or businesses under common control within
the meaning of Code §414(b) or §414(c), an affiliated
service group within the meaning of Code §414(n), or any other
entity required to be aggregated with the Company under Code
§414(o). For all purposes under this Plan, in applying Code
§1563(a)(1), (2) and (3) for purposes of determining the
Company’s Affiliates under Code §414(b), the language
“at least 80%” shall be applied as it appears in those
sections, and in applying Treas. Reg. §1.414(c)-2 for purposes
of determining trades or business (whether or not incorporated)
that are under common control for purposes of Code §414(c),
the language “at least 80%” shall be used as it appears
in such regulation.
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(3)
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“Annual Compensation”
shall mean a Participant’s base pay from an Employer for any
Plan Year plus the Participant’s Annual Cash Bonus in the
Plan Year in which it is accrued. Annual Compensation shall also
include amounts paid to individuals who are citizens or residents
of the United States and who are employees of, or provide services
to, a foreign Affiliate of the Company to which an agreement
entered into by the Company under Code Section 3121(l)
applies.
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(4)
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“Beneficiary” shall mean
a person or entity selected by the Participant or an eligible
surviving Spouse that may receive death benefits under this Plan,
as are outlined in Article X.
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(5)
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“Board” shall mean the
Board of Directors of Diebold, Incorporated.
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(6)
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“Change in Control”
shall have the meaning assigned to such term in
Article XI.
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(7)
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“Change in Control
Benefit” shall mean the benefit determined in accordance with
Article XI.
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(8)
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“Code” shall mean the
Internal Revenue Code of 1986, as amended from time to
time.
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(9)
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“Committee” shall mean
the Compensation Committee of the Board, as such Committee may be
constituted from time to time.
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(10)
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“Company” shall mean
Diebold, Incorporated.
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(11)
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“Company Service” shall
mean years of employment (measured in years and completed months)
with an Employer.
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(12)
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“Disability Benefit”
shall mean the benefit determined in accordance with Article X
hereof.
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(13)
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“Early Retirement Age”
shall mean the 60th birthday of a Participant.
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(14)
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“Early Retirement
Benefit” shall mean the benefit determined in accordance with
Article VI hereof.
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2
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(15)
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“Early Retirement Date”
shall mean the first day of the month coinciding with or next
following the 60th birthday of a Participant.
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(16)
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“Employer” shall mean
(a) the Company or its successors, and (b) any Affiliate
or other entity which may specifically adopt this Plan with the
consent of the Company, or its successors.
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(17)
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“15-Year Service
Benefit” shall mean the benefit determined in accordance with
Article IX hereof.
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(18)
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“50% Joint and Survivor
Annuity” shall mean a reduced monthly Supplemental Retirement
Benefit which is the Actuarial Equivalent of the single life
annuity under the Plan and is payable to the Participant for his
life, with continuance of monthly payments of 50% of such reduced
amount after his death to his surviving Spouse until the first day
of the month in which occurs the surviving Spouse’s
death.
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(19)
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“Final Average Monthly
Compensation” shall mean one-twelfth of the average of the
Participant’s Annual Compensation for the five complete
consecutive calendar years during his last 10 calendar years of
employment with the Employer during which his compensation was the
highest. In the event a Participant has been employed for a period
of less than five consecutive calendar years, the
Participant’s Final Average Monthly Compensation shall be the
average of his monthly compensation amounts in effect for all of
the complete calendar months during which he was employed by the
Employer.
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(20)
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“Grandfathered Benefits”
shall mean the amount of annuity benefit, if any, of a Participant
under the Plan that was earned and vested as of December 31,
2004 and that the Committee has determined to grandfather within
the meaning of Code §409A. Such Grandfathered Benefit
shall be based on the present value as of December 31, 2004,
of the vested amount to which the Participant would be entitled
under the Plan if the Participant voluntarily terminated services
without cause on December 31, 2004, and received a payment of
the benefits with the maximum value available at the earliest
possible date allowed under the Plan following the termination of
services. Notwithstanding the foregoing, for any calendar year
after December 31, 2004, such Grandfathered Benefit may
increase (or decrease) to equal the present value of the benefit
the Participant actually becomes entitled to, determined under the
terms of the Plan (including the applicable limits under the Code),
as in effect on October 3, 2004, without regard to any further
amounts affecting the amount of or the entitlement to benefits
(other than a Participant election with respect to the time and
form of an available benefit).
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3
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(21)
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“Involuntary Termination
Benefit” shall mean the benefit determined in accordance with
Article VII.
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(22)
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“Normal Retirement
Benefit” shall mean the benefit determined in accordance with
Article V.
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(23)
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“Normal Retirement Date”
shall mean the first day of the month coinciding with or next
following the 62nd birthday of a Participant.
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(24)
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“100% Joint and Survivor
Annuity” shall mean a reduced monthly Supplemental Retirement
Benefit which is the Actuarial Equivalent of the single life
annuity under the Plan and is payable to the Participant for his
life, with continuance of monthly payments of 100% of such reduced
amount after his death to his surviving Spouse until the first day
of the month in which occurs the surviving Spouse’s
death.
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(25)
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“Participant” shall mean
any executive highly paid or management employee of an Employer who
is selected to participate in this Plan pursuant to the provisions
of Article IV.
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(26)
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“Plan” shall mean this
Diebold, Incorporated Supplemental Employee Retirement Plan I, as
in effect from time to time.
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(27)
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“Post-Retirement Death
Benefit” shall mean the benefit determined in accordance with
Section (b) of Article XII.
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(28)
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“Pre-Retirement Death
Benefit” shall mean the benefit determined in accordance with
Section (a) of Article XII.
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(29)
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“Qualified Retirement
Plan” shall mean the Diebold, Incorporated Retirement Plan
for Salaried Employees, as presently set forth and as it may
subsequently be amended, or its successor.
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(30)
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“Separation from
Service” shall mean a Participant dies, retires, or otherwise
has a Termination of Employment from the Employer. A Separation
from Service shall not be considered to have occurred if the
Participant’s employment relationship is treated by the
Employer as continuing while the Participant is on military leave,
sick leave, or other bona fide leave of absence if such period of
leave does not exceed 6 months or, if longer, so long as the
individual’s right to reemployment is provided by statute or
by contract. If the period of leave exceeds 6 months and such
reemployment rights are not provided, the employment relationship
is deemed to terminate on the first date immediately following such
6-month period. Whether a Separation from Service has occurred will
be determined in accordance with the requirements of Code
§409A.
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4
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(31)
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“Service Fraction” shall
mean, for any Participant, a fraction, the numerator of which is
the lesser of (A) the Participant’s years of Company
Service, or (B) 15, and the denominator of which is
15.
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(32)
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“Social Security
Benefit” shall mean the Primary Insurance Amount under the
Federal Social Security Act to which a Participant would be
entitled as of the later of his Normal Retirement Date or the date
of his actual retirement, computed on the basis of the
Participant’s average wage history (estimated or actual) for
years before the date of determination and, in the case of a
Participant who terminates employment with the Employer prior to
his Normal Retirement Date, by assuming that the Participant will
earn wages after his termination of employment and prior to his
Normal Retirement Date at a rate equal to the Participant’s
wage rate at the time of his termination of employment. If a
Participant in this Plan is not eligible for full Social Security
Benefits (for example, an individual who has previously worked in
the military), for purposes of determining benefits under this
Plan, such Social Security Benefits would be imputed as if he had
been so eligible and had been covered by Social Security for his
entire working career.
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(33)
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“Specified Employee”
shall mean a key employee as defined in Code Section 416(i) as
further interpreted by the Treasury Regulations issued under Code
Section 409A.
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(34)
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“Spouse” shall mean the
surviving spouse of a Participant at the time of his death, but
only if the Participant and such spouse were married at least one
year prior to the Participant’s Separation from
Service.
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(35)
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“Supplemental Retirement
Benefit” shall mean the Change in Control Benefit, Disability
Benefit, Early Retirement Benefit, 10-Year Service Benefit, 15-Year
Service Benefit, Involuntary Termination Benefit, Normal Retirement
Benefit, Pre-Retirement Death Benefit or Post-Retirement Death
Benefit for which a Participant or his Spouse may
qualify.
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(36)
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“10-Year Service
Benefit” shall mean the benefit determined in accordance with
Article VIII hereof,
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(37)
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“Terminated for Cause”
shall mean Participant’s Termination of Employment by an
Employer due to the Participant’s:
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(i)
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intentional act of fraud,
embezzlement or theft in connection with his duties or in the
course of his employment with the Employer;
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(ii)
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intentional wrongful damage to
property of the Employer;
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(iii)
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intentional wrongful disclosure of
secret processes or confidential information of the Employer;
or
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5
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(iv)
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intentional wrongful engagement in
any competitive activity which would constitute a material breach
of the duty of loyalty to the Employer and any such at shall have
been materially harmful to the Employer.
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For
purposes of the Plan, no act, or failure to act, on the part of the
Participant shall be deemed “intentional” if it was due
primarily to an error in judgment or negligence, but shall be
deemed “intentional” only if done, or omitted to be
done, by the Participant not in good faith or without reasonable
belief that his action or omission was not in or opposed tot eh
best interest of the Employer. Notwithstanding the foregoing, a
Participant shall not be deemed to have been Terminated for Cause
hereunder unless and until there shall have been delivered to the
Participant a copy of a resolution duly adopted by the affirmative
vote of not less than three-quarters of the Board then in office at
a meeting of the Board called and held for such purposes, finding
that, in the good faith opinion of the Board, the Participant had
committed an act set forth above and specifying the particulars
thereof in detail. The Participant shall receive reasonable notice
and an opportunity for the Participant, together with his counsel,
to be heard before the Board. Nothing herein shall limit the right
of the Participant or his Beneficiaries to contest the validity or
propriety of any such determination.
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(38)
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“Termination of
Employment” shall mean the severing of employment with the
Employer, voluntarily or involuntarily. A Participant is presumed
to have incurred a Termination of Employment from the Employer
where the facts and circumstances indicate that the Employer and
the Participant reasonably anticipated that no further services
would be performed after a certain date or the level of bona fide
services the Participant would perform after such date would
permanently decrease to 20% or less of the average level of
services over the immediately preceding 36-month period (or the
full period of such services, if less than 36 months). A
Termination of Employment will be determined in accordance with
treasury Regulation 1.409A-1(h)(l)(ii).
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(39)
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“Total Disability” shall
mean a physical or mental impairment that causes a Participant to
be unable to engage in any substantial gainful activity, which can
be expected to result in death or can be expected to last for a
continuous period of not less than 12 months. Such
determination of disability may be made by the Social Security
Administration or may be made pursuant to the Company’s long
term disability insurance program.
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6
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(b)
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Throughout this Plan, and whenever
appropriate, the masculine gender shall be deemed to include the
feminine and neuter, the singular shall be deemed to include the
plural and vice versa.
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ELIGIBILITY, PARTICIPATION AND
VESTING
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(a)
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Eligibility for Participation in the
Plan .
Eligibility for this Plan was closed effective as of
January 1, 2002. No further executives or highly paid
management employees after such date shall be eligible to
participate in the plan after such date except as to which the
Board, in its sole discretion, may determine is
appropriate.
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(b)
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Eligibility for Benefits
. A Participant shall be
entitled to receive a Supplemental Retirement Benefit (or have a
Supplemental Retirement Benefit provided for his surviving Spouse)
only if he satisfies the conditions of this Article IV and
satisfies the qualification requirements of any of the Articles
under the Plan to become eligible to receive a benefit
thereunder.
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(c)
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Vesting . A Participant shall be vested
hereunder upon attaining ten years of Company Service or upon
meeting the requirements for a Normal Retirement Benefit, Early
Retirement Benefit, Disability Benefit, Involuntary Termination
Benefit, or Change in Control Benefit hereunder.
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(d)
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Forfeiture of Plan
Benefits . In
the absence of a Change in Control or a finding of Total
Disability, a Participant’s participation shall cease and no
benefits under this Plan shall be payable:
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(i)
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to
a Participant if the Participant:
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(A)
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voluntarily terminates employment
before completing at least 10 years of Company Service;
or
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(B)
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fails to give an Employer six months
written advance notice of his pending voluntary Termination of
Employment if he is leaving Diebold prior to age 60 (or three
months written advance notice if he is leaving Diebold at age 60 or
later); or
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(C)
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is
Terminated for Cause; or
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(ii)
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to
a Participant’s Spouse or Beneficiary, if the
Participant:
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(A)
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dies prior to satisfying the
requirements for a Spouse’s Pre-Retirement or Post-Retirement
Death benefit under Article XII; or
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(B)
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is
Terminated for Cause.
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7
NORMAL RETIREMENT
BENEFITS
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(a)
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Qualification for Benefit
. Subject to the
provisions of Article IV, a Participant who attains age 62
while employed by an Employer shall be eligible, at any time after
his said attainment of age 62, to retire and receive a Normal
Retirement Benefit commencing at the time set forth in
Article XIV.
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(b)
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Computation of Amount of Normal
Retirement Benefit . A Participant who retires under
Section (a) shall be entitled to receive a monthly
Supplemental Retirement Benefit equal to 65% of the
Participant’s Final Average Monthly Compensation multiplied
by his Service Fraction, reduced by the sum of:
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(i)
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50%
of the monthly Social Security Benefit payable to the Participant
commencing on the first day of the month coincident with or
following his Separation from Service; and
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(ii)
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the
monthly benefit (expressed as a single life annuity, but not
including any temporary supplements) payable to the Participant
under the terms of the Qualified Retirement Plan commencing on the
first day of the month coincident with or following his Separation
from Service, assuming:
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(A)
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for
purposes of determining whether the Participant had a vested
benefit under the Qualified Retirement Plan and when the
Participant could elect commencement of his benefit under the
Qualified Retirement Plan (but not for purposes of determining the
amount thereof), that the Participant had sufficient service under
the Qualified Retirement Plan to have a vested benefit under the
Qualified Retirement Plan and a right to commence receiving such
benefit on the first day of the month following his Separation from
Service , and
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(B)
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that the Participant elected
commencement of such benefit on such date.
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(a)
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Qualification for Benefit
. Subject to the
provisions of Article IV, a Participant who attains his Early
Retirement Age while employed by an Employer shall be eligible to
retire and receive an Early Retirement Benefit commencing at the
time set forth in Article XIV.
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(b)
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Computation of Amount of Early
Retirement Benefit . A Participant who has a
Termination of Employment after meeting the requirements in Section
(a) shall be entitled to receive a monthly Early Retirement
Benefit equal to 65% of the Participant’s Final Average
Monthly Compensation multiplied by his Service Fraction reduced by
the sum of:
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(i)
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50%
of the monthly Social Security Benefit payable to the Participant
commencing on this Normal Retirement Date; and
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(ii)
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the
monthly benefit (expressed as a single life annuity, but not
including any temporary supplements) payable to the Participant
under the terms of the Qualified Retirement Plan commencing on his
Normal Retirement Date assuming:
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(A)
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for
purposes of determining whether the Participant had a vested
benefit under the Qualified Retirement Plan and when the
Participant could elect commencement of his benefit under the
Qualified Retirement Plan (but not for purposes of determining the
amount thereof), that the Participant had sufficient service under
the Qualified Retirement Plan to have a vested benefit under the
Qualified Retirement Plan and a right to commence receiving such
benefit at his Normal Retirement Date, and
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(B)
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that the Participant elected
commencement of such benefit as of such date.
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The
monthly benefit computed under this Section (b) shall be
reduced by .7% for each full month (up to 12) by which the date of
commencement precedes the Participant’s Normal Retirement
Date, and .6833% for each additional full month (if any) by which
the date of commencement precedes the Participant’s Normal
Retirement Date.
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INVOLUNTARY TERMINATION
BENEFIT
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(a)
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Qualification for Benefit
. Subject to the
provisions of Article IV, a Participant who incurs an
involuntary Termination of Employment before he reaches his Early
Retirement Age shall be eligible to receive an Involuntary
Termination Benefit commencing at the time set forth in
Article XIV. The Committee, or its duly appointed
representative for this purpose, shall have full discretion to
determine whether the termination of a Participant’s
employment with the Employer is involuntary.
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(b)
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Computation of Amount of Involuntary
Termination Benefit . A Participant who is eligible for
an Involuntary Termination Benefit shall be entitled to receive a
monthly Supplemental Retirement Benefit equal to 65% of the
Participant’s Final Average Monthly Compensation multiplied
by his Service Fraction, reduced by the sum of:
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(i)
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50%
of the monthly Social Security Benefit payable to the Participant
commencing on his Normal Retirement Date; and
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9
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(ii)
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the
monthly benefit (expressed as a single life annuity, but not
including any temporary supplements) payable to the Participant
under the terms of the Qualified Retirement Plan commencing on his
Normal Retirement Date, assuming:
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(A)
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for
purposes of determining whether the Participant had a vested
benefit under the Qualified Retirement Plan and when the
Participant could elect commencement of his benefit under the
Qualified Retirement Plan (but not for purposes of determining the
amount thereof), that the Participant had sufficient service under
the Qualified Retirement Plan to have a vested benefit under the
Qualified Retirement Plan and a right to commence receiving such
benefit at his Normal Retirement Date, and
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(B)
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that the Participant elected
commencement of such benefit as of such date.
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This monthly benefit computed under
this Section (b) shall be reduced by .7% for each full month
(up to 12) by which the date of commencement precedes the
Participant’s Normal Retirement Date, and .6833% for each
additional full month (if any) by which the date of commencement
precedes the Participant’s Normal Retirement Date.
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(a)
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Qualification for Benefit
. Subject to the
provisions of Article IV, a Participant who has a Termination
of Employment with the Employer after attaining 10 or more years of
Company Service but who is not then eligible for other benefits
under this Plan shall be eligible to receive a 10-Year Service
Benefit commencing at the time set forth in
Article XIV.
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(b)
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Computation of Amount of 10-Year
Service Benefit . A Participant who is eligible for
a 10-Year Service Benefit shall be entitled to receive a monthly
Supplemental Retirement Benefit equal to 55% of his Final Average
Monthly Compensation, multiplied by his Service Fraction, reduced
by the sum of:
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(i)
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50%
of the monthly Social Security Benefit payable to the Participant
commencing on his Normal Retirement Date; and
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(ii)
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the
monthly benefit (expressed as a single life annuity) but not
including any temporary supplements) payable to the Participant
under the terms of the Qualified Retirement Plan at his Normal
Retirement Date, assuming:
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(A)
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for
purposes of determining when the Participant could elect
commencement of his benefit under the Qualified Retirement Plan
(but not for purposes of determining the amount thereof) that the
Participant had sufficient service under
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10
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the
Qualified Retirement Plan to have a right to commence his benefit
under the Qualified Retirement Plan at his Normal Retirement Date,
and
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(B)
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that the Participant elected
commencement of such benefit as of such date.
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The
month benefit computed under this Section (b) shall be reduced
by .7% for each full month (up to 12) by which the date of
commencement precedes the Participant’s Normal Retirement
Date, and .6833% for each additional full month (if any) by which
the date of commencement precedes the Participant’s Normal
Retirement Date.
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(a)
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Qualification for Benefit
. Subject to the
provisions of Article IV, a Participant who has a Termination
of Employment with the Employer after attaining 15 or more years of
Company Service but who is not then eligible for other benefits
under this Plan (other than the 10-year Service Benefit) shall be
eligible to receive a 15-Year Service Benefit commencing at the
time set forth Article XIV.
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(b)
|
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Computation of Amount of 15-Year
Service Benefit . A Participant who is eligible for
a 15-Year Service Benefit shall be entitled to receive a monthly
Supplemental Retirement Benefit equal to 55% of his Final Average
Monthly Compensation, reduced by the sum of:
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(i)
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50%
of the monthly Social Security Benefit payable to the Participant
commencing on his Normal Retirement Date; and
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(ii)
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the
monthly benefit (expressed as a single life annuity, but not
including any temporary supplements) payable to the Participant
under the terms of the Qualified Retirement Plan at his Normal
Retirement Date, assuming:
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(A)
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for
purposes of determining when the Participant could elect
commencement of his benefit under the Qualified Retirement Plan
(but not for purposes of determining the amount thereof) that the
Participant had sufficient service under the Qualified Retirement
Plan to have a right to commence his benefit under the Qualified
Retirement Plan at his Normal Retirement Date, and
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(B)
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that the Participant elected
commencement of such benefit as of such date.
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The
monthly benefit computed under this Section (b) shall be
reduced by .7% for each full month (up to 12) by which the date of
commencement precedes the Participant’s Normal Retirement
Date, and .6833% for each additional full month (if any) by which
the date of commencement precedes the Participant’s Normal
Retirement Date.
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11
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