|
EXHIBIT 10.47
|
|
TYSON FOODS, INC.
|
|
|
SUPPLEMENTAL EXECUTIVE RETIREMENT
|
|
|
AND LIFE INSURANCE PREMIUM PLAN
|
|
|
(AMENDED AND RESTATED AS OF MARCH 1,
2007)
|
TABLE OF CONTENTS
SECTION 1
INTRODUCTION
The Company maintains the Tyson Foods, Inc
Supplemental Executive Retirement and Life Insurance Premium Plan
(the “Plan”) originally effective as of March
12, 2004.
The Company desires to amend the Plan to revise
the eligibility provisions to narrow the class of eligible
employees; to provide for the continuation of benefit accruals by
those existing Participants who would not be eligible to
participate in the Plan if they were hired or rehired on or after
March 1, 2007 and to address and clarify the treatment of eligible
employees who cease to qualify for active participation in the Plan
due to the change in eligibility criteria or otherwise.
and
The Company also desires to amend the Plan to
comply with, and make changes permitted by, the American Jobs
Creation Act of 2004 and the rules and regulations promulgated
thereunder.
The Company currently intends to maintain the
Plan indefinitely. The Plan provides for each Plan Sponsor to pay
its respective benefits and administrative costs from its general
assets. The establishment of the Plan shall not convey rights to
Participants or any other person which are greater than those of
the general creditors of the Plan Sponsor.
The terms and conditions of participation and
benefits under the Plan are determined exclusively by the
provisions of this document. In the event of any conflict between
the provisions of this document and any other description of the
Plan, the provisions of this document control. The provisions of
this document are generally effective as of March 1, 2007, except
as otherwise provided herein.
SECTION 2
DEFINITIONS
As used in this Plan, the masculine pronoun shall
include the feminine and the feminine pronoun shall include the
masculine unless otherwise specifically indicated. In addition, the
following words and phrases as used in this Plan shall have the
following meaning unless a different meaning is plainly required by
the context:
2.1 “
Actuarial Equivalent ” means a benefit of
equivalent value, when computed on the basis of the same mortality
table and the rate or rates of interest and/or empirical tables.
The Plan Administrator shall establish the applicable mortality
table, rate of interest and/or empirical table in its sole
discretion. Prior to a Change of Control, the Plan Administrator
may change the table(s) and/or rate(s) of interest used in
determining whether a benefit is the Actuarial Equivalent of
another benefit. No Participant shall accrue a right to have any
particular table or interest rate used in computing the lump sum
value of his or her SERP benefit and, therefore, differences in
Actuarial Equivalent computations attributable to varying table(s)
and/or rate(s) of interest shall not be deemed a part of a
Participant’s “accrued” benefits as
described in Section
9.1. Effective with a Change of Control, the table(s) and
rate(s) of interest shall remain the same as those in effect
immediately prior to a Change of Control.
2.2 “
Affiliate ” means (a) any corporation which is a
member of the same controlled group of corporations (within the
meaning of Code Section 414(b)) as is a Plan Sponsor, (b) any other
trade or business (whether or not incorporated) under common
control (within the meaning of Code Section 414(c)) with a Plan
Sponsor, (c) any other corporation, partnership or other
organization which is a member of an affiliated service group
(within the meaning of Code Section 414(m)) with a Plan Sponsor,
and (d) any other entity required to be aggregated with a Plan
Sponsor pursuant to regulations under Code Section
414(o).
|
|
2.3
|
“ Board of Directors ”
means the Board of Directors of Tyson Foods, Inc.
|
2.4 “
Change of Control ” means any one of the following
events occurring after March 12, 2004:
(a) the
acquisition by any individual, entity or
“group,” within the meaning of Section 13(d)(3)
or Section 14(d)(2) of the Exchange Act (a
“Person”), of beneficial ownership (within the
meaning of Rule 13d-3 promulgated under the Exchange Act) of voting
securities of the Company where such acquisition causes any such
Person to own twenty-five percent (25%) or more of the combined
voting power of the then outstanding voting securities then
entitled to vote generally in the election of directors (the
“Outstanding Voting Securities”); provided,
however, that for purposes of this Subsection (a), the following
shall not be deemed to result in a Change of Control, (i) any
acquisition directly from the Company, unless such a Person
subsequently acquires additional shares of Outstanding Voting
Securities other than from the Company, in which case any such
subsequent acquisition shall be deemed to be a Change of Control;
or (ii) any acquisition by any employee benefit plan (or related
trust) sponsored or maintained by the Company or any corporation
controlled by the Company;
(b) a
merger, consolidation, share exchange, combination, reorganization
or like transaction involving the Company in which the stockholders
of the Company immediately prior to such transaction do not own at
least fifty percent (50%) of the value or voting power of the
issued and outstanding capital stock of the Company or its
successor immediately after such transaction;
(c) the
sale or transfer (other than as security for the
Company’s obligations) of more than fifty percent (50%)
of the assets of the Company in any one transaction or a series of
related transactions occurring within a one (1) year period in
which the Company, any corporation controlled by the Company or the
stockholders of the Company immediately prior to the transaction do
not own at least fifty percent (50%) of the value or voting power
of the issued and outstanding equity securities of the acquiror
immediately after the transaction;
(d) the
sale or transfer of more than fifty percent (50%) of the value or
voting power of the issued and outstanding capital stock of the
Company by the holders thereof
in any one transaction or a series of related transactions
occurring within a one (1) year period in which the Company, any
corporation controlled by the Company or the stockholders of the
Company immediately prior to the transaction do not own at least
fifty percent (50%) of the value or voting power of the issued and
outstanding equity securities of the acquiror immediately after the
transaction;
(e) within any
twelve-month period the persons who were directors of the Company
immediately before the beginning of such twelve-month period (the
“Incumbent Directors”) shall cease to
constitute at least a majority of the Board of Directors; provided
that no director whose initial assumption of office is in
connection with an actual or threatened election contest (as such
terms are used in Rule 14a-11 of Regulation 14A promulgated under
the Exchange Act) relating to the election of directors of the
Company shall be deemed to be an Incumbent Director; or
|
|
(f)
|
the dissolution or liquidation of the
Company.
|
2.5 “
Code ” means the Internal Revenue Code of 1986 and
all regulatory guidance promulgated thereunder, as the same may be
amended and modified from time to time.
|
|
2.6
|
“ Company ” means
Tyson Foods, Inc. and any successor thereto.
|
2.7 “
Compensation ” means the base salary paid to an
Active Participant or deferred for services rendered to the Company
or an Affiliate during any year in which the Participant accrues
Creditable Service, including any deferrals of base salary or bonus
under a 401(k) plan, deferrals under a non-qualified, defined
contribution deferred compensation plan or salary reduction under a
cafeteria plan of the Company or an Affiliate, plus any annual cash
bonus payable to an Active Participant under a recurring bonus
program applicable to one or more classes of employees.
Compensation shall not include any other forms of compensation,
fringe benefits or severance payments or benefits, whether
characterized as such, made pursuant to any employment agreement,
separation agreement, severance plan or policy or any similar
arrangement, unless such agreement, plan, policy or arrangement
expressly provides that the special termination or severance
payments or benefits are to be included as Compensation under the
Plan.
Notwithstanding the foregoing, with respect to
any period of absence (during which disability benefits are being
paid to the Participant under a short-term or long-term disability
plan then maintained by the Company or an Affiliate) which is
included as Creditable Service, the Participant’s annual
Compensation for purposes of the Plan during such period of absence
shall be deemed to be the greater of (a) his Compensation paid for
the last full calendar year of his employment immediately preceding
the beginning of such absence, or (b) the actual Compensation the
Participant received in the year the absence began.
2.8 “
Contracted Officer ” means an employee of a Plan
Sponsor who has a written employment agreement in effect with the
Plan Sponsor for the performance of services in a recognized
officer position of the employing entity.
|
|
2.9
|
“ Creditable Service ”
means:
|
(a) The
total number of years and completed months of continuous service
rendered by an Active Participant for the Company or an Affiliate
while an Eligible Contracted Officer from and after January 1,
2004.
(b) Periods of
authorized leaves of absence from the Company or any Affiliate
credited to an Eligible Contracted Officer on or after January 1,
2004, including but not limited to leaves required to be granted
pursuant to the Family and Medical Leave Act of 1993 and the
Uniformed Services Employment and Reemployment Rights Act, and,
notwithstanding any other provision of this Plan to the contrary,
any period of an authorized leave of absence on or after January 1,
2004 credited to an Eligible Contracted Officer while disability
benefits are being paid under a short-term or long-term disability
plan then maintained by the Company or an Affiliate.
(c) Any
prior Creditable Service under this Plan rendered by a Participant
who ceases to be an Active Participant shall be disregarded, unless
the prior Creditable Service is to be recognized pursuant to
Section 3.5 or unless otherwise recognized by the Plan
Administrator and communicated to the Participant in writing.
Subject to approval by the Plan Administrator, a Participant may be
granted additional years of Creditable Service for purposes of
determining retirement benefits under the Plan. Additional service
granted under provisions of an individual agreement between the
Company or any Affiliate and a Participant or under any severance
plan or policy of the Company covering the Participant shall also
be included in determining Creditable Service, but only in
accordance with the specific terms of such provisions.
Subject to approval by the Plan Administrator, a
Participant may be granted additional years of Creditable Service
for purposes of determining retirement benefits under the Plan.
Additional service granted under provisions of an individual
agreement between the Company or any Affiliate and a Participant or
under any severance plan or policy of the Company covering the
Participant shall also be included in determining Creditable
Service, but only in accordance with the specific terms of such
provisions.
2.10 “
Disability ” means a disability of a Participant
which, in the opinion of the Plan Administrator, causes a
Participant to be totally and permanently disabled due to sickness
or injury so as to be completely unable to perform any and every
duty pertaining to his occupation from a cause other than as
specified below:
(a) excessive and
habitual use by the Participant of drugs, intoxicants or
narcotics;
(b) injury or disease
sustained by the Participant while willfully and illegally
participating in fights, riots, civil insurrections or while
committing a felony;
(c) injury or disease
sustained by the Participant diagnosed or discovered subsequent to
the date of his Separation from Service; and
(d) injury or disease
sustained by the Participant while working for anyone other than
the Plan Sponsor or any Affiliate and arising out of such
employment.
The determination of whether or not a Disability
exists shall be determined by the Plan Administrator and shall be
substantiated by competent medical evidence.
2.11 “
Disability Retirement Allowance ” means the SERP
retirement benefits payable under Section 4.1(c) to a Participant
who experiences a Separation from Service due to a
Disability.
2.12 “
Early Retirement Allowance ” means the SERP
retirement benefits payable under Section 4.3 to a Participant who
retires prior to attaining Normal Retirement Age.
|
|
2.13
|
“ Eligible Contracted Officer
” means
|
(a) for
all purposes of Plan administration from January 1, 2004 until
March 1, 2007, a Contacted Officer, but only for that period of
time during which his or her employment agreement was in effect;
and
(b) for
all purposes of Plan administration commencing on and continuing
after March 1, 2007, either
(i) a Contracted
Officer, but only for that period of time during which his or her
employment agreement was in effect and he or she occupies an
officer position in a band level of 0 through 5; or
(ii) a
Grandfathered Officer, but only for that period of time during
which his or her employment agreement was in effect and he or she
occupies a position as a Contracted Officer
For purposes of Section 2.13(b)(ii), a
Grandfathered Officer who is demoted from an officer position to a
non-officer position shall not be treated as an Eligible Contracted
Officer while occupying such non-officer position for any
purpose.
2.14 “
ERISA ” means the Employee Retirement Income
Security Act of 1974 and all regulatory guidance thereunder, as the
same may be amended and modified from time to time.
2.15 “
Final Average Compensation ” means the average
annual Compensation of a Participant measured over the final five
(5) consecutive, whole calendar years during the
Participant’s entire period of Creditable Service. If a
Participant has less than five (5) consecutive, whole calendar
years of Creditable Service, Final Average Compensation shall be
computed over all such years.
2.16 “
Grandfathered Officer ” means a Contracted Officer
who was an Active Participant immediately prior to March 1,
2007.
2.17 “
LIP ” means the portion of the Plan providing the
life insurance premiums payment benefits described in Section
5.
2.18 “
Nonforfeitable ” refers only to the vested,
unsecured contractual right of a Participant, if any, to benefits
under this Plan. In no event, however, shall
“Nonforfeitable” imply any preferred claim on,
or any beneficial ownership interest in, any assets of the Plan
Sponsor before those assets are paid to any Participant pursuant to
the terms of the Plan. As provided in Section 8.5 below, certain
events may result in the forfeiture even of Nonforfeitable
benefits.
|
|
2.19
|
“ Normal Retirement Age
” means age 62.
|
2.20 “
Normal Retirement Allowance ” means the SERP
retirement benefits payable under Section 4.2 to a Participant who
retires on or after attaining Normal Retirement Age.
2.21 “
Participant ” means any Active Participant,
Inactive Participant or Retired Participant.
(a) “
Active Participant ” means an Eligible Contracted
Officer of a Plan Sponsor from the time participation in the Plan
begins pursuant to Section 3.1 until the earliest of the
time:
(i) the
Participant retires and is entitled to SERP retirement benefits
under Section 4,
|
|
(ii)
|
the Participant dies or becomes subject to a
Disability,
|
|
|
(iii)
|
the Participant becomes an Inactive
Participant,
|
(iv) the
Participant experiences a Separation from Service prior to becoming
entitled to SERP retirement benefits under Section 4, except as
otherwise provided in Section 9.5, or
(v) the
Participant ceases to be an Active Participant by reason of an
event described in Section 9.3 or 9.5.
In addition, if an Active Participant is placed
on inactive employee status, as defined by the Plan Administrator
from time to time under uniform and nondiscriminatory rules, and,
at the date of such change in status, the Participant has a
Nonforfeitable right to his or her SERP retirement benefit, the
Participant will continue as an Active Participant in the
Plan.
(b) “
Inactive Participant ” means a Participant who
ceases to be an Active Participant, who has not become a Retired
Participant and who either (i) continues to be an employee of the
Company or an Affiliate but who, as a result of a change in
status,
ceases to be an Eligible Contracted Officer or (ii) has his or
her Active Participant status terminated solely by reason of
Section 2.21(a)(v). A Participant who earns a Nonforfeitable right
to his or her SERP retirement benefit while an Inactive Participant
shall be eligible for retirement benefits in accordance with
Section 4 from and after the date the SERP retirement benefit
becomes Nonforfeitable. As set forth in Section 3.5, for purposes
of Sections 4.2(a)(1) and 4.2(b)(1), no increase in SERP retirement
benefits shall be attributed to Compensation paid or for services
rendered during the period of time that a Participant is classified
as an Inactive Participant.
(c) “
Retired Participant ” shall mean either (a) an
Active Participant who has retired on or after meeting the
requirements for a Normal, Early or Disability Retirement Allowance
under Section 4 or (b) an Inactive Participant who met the
requirements for a Normal, Early or Disability Retirement Allowance
under Section 4 prior to becoming, or during his or her status as,
an Inactive Participant and who subsequently retires.
2.22 “
Plan ” means this Tyson Foods, Inc. Supplemental
Executive Retirement and Life Insurance Premium Plan, as from time
to time amended, providing the SERP and LIP benefits described
herein.
2.23 “
Plan Administrator ” means the person or persons
appointed by the Board of Directors to administer the Plan on
behalf of the Company and, in lieu of any such appointment, the
administrative committee established by the Company generally
responsible for the administration of the Company’s
employee benefit plans.
2.24 “
Plan Sponsor ” means the Company and each
Affiliate that has adopted the Plan with the approval of the
Company.
2.25 “
Separation from Service ” shall mean a separation
from service with the Company and its Affiliates within the meaning
of Treasury Regulations Section 1.409A-1(h) and any successor
guidance thereto. No Separation from Service shall occur while a
Participant is on any bona fide leave of absence not in excess of
six (6) months duration or, if longer, so long as the
Participant’s right to reemployment is provided either by
statute or contract.
2.26 “
SERP ” means the portion of the Plan providing the
retirement benefits described in Section 4.
2.27 “
Specified Employee ” shall mean a Participant who
is a key employee (as defined in Code Section 416(i) without regard
to Code Section 416(i)(5)) of the Company (or an entity which is
considered to be a single employer with the Company under Code
Section 414(b) or 414(c)) at any time during the twelve (12) month
period ending on December 31. Notwithstanding the foregoing, a
Participant who is a key employee determined under the preceding
sentence will be deemed to be a Specified Employee solely for the
period of April 1 through March 31 following such December 31 or as
otherwise required by Code Section 409A.
|
|
2.28
|
“ Vesting Service ”
means:
|
(a) The
total number of years and completed months of continuous service
rendered by an Active Participant as an Eligible Contracted Officer
and, to the extent described in Subsection (c) below, by an
Inactive Participant.
(b) Vesting Service
includes any periods of authorized leaves of absence from the
Company or any Affiliate by a Participant in an otherwise eligible
capacity, including but not limited to leaves required to be
granted pursuant to the Family and Medical Leave Act of 1993 and
the Uniformed Services Employment and Reemployment Rights Act, and,
notwithstanding any other provision of this Plan to the contrary,
any period of an authorized leave of absence while disability
benefits are being paid to the Participant under a short-term or
long-term disability plan then maintained by the Company or an
Affiliate.
(c) The
total number of years and completed months of continuous service
rendered by an Inactive Participant for the Company or an Affiliate
will be counted as Vesting Service under the following
rules:
(i) Eligible
Contracted Officer to Ineligible Contracted Officer . An Active
Participant who ceases to be an Eligible Contracted Officer but who
continues to be a Contracted Officer until re-qualifying as an
Active Participant shall receive credit for Vesting Service while
his or her status as a Contracted Officer continues. This Clause
(i) does not apply to any Grandfathered Participant because a
Grandfathered Participant remains an Active Participant for as long
as he or she is a Contracted Officer.
(ii)
Eligible Contracted Officer to Non-Officer . An Active
Participant who ceases to be a Contracted Officer before
re-qualifying as an Active Participant shall receive credit for
Vesting Service performed for his or her prior continuous period of
service as an Eligible Contracted Officer and/or an employee of the
Company or an Affiliate, provided he or she returns to Contracted
Officer status within five (5) years from losing that status;
however, such credit shall count only for purposes of determining
whether his or her SERP retirement benefits are Nonforfeitable and
not for purposes of determining the amount of the SERP retirement
benefit under either Section 4.2(a)(2) or Section
4.2(b)(2).
Subject to approval by the Plan Administrator, a
Participant may be granted additional years of Vesting Service for
purposes of determining benefits under the Plan. Additional service
granted under provisions of an individual agreement between the
Company or any Affiliate and a Participant or under any severance
plan or policy of the Company covering the Participant shall also
be included in determining Vesting Service, but only in accordance
with the specific terms of such provisions.
SECTION 3
PARTICIPATION
3.1
Commencement of SERP Participation . Each Eligible
Contracted Officer shall commence participation in the SERP as an
Active Participant as of the later of March 12, 2004 or the
effective date that the Contracted Officer becomes an Eligible
Contracted Officer. Subject to Section 3.5 (in addition to any
Creditable Service and corresponding Compensation recognized at the
discretion of the Plan Administrator pursuant to Section 2.9), an
Active Participant who ceases to qualify as an Active Participant
shall recommence participation in the Plan as an Active
Participant, on a prospective basis only, if the individual again
satisfies the criteria for being an Active Participant.
3.2
Commencement of LIP Participation . An Active Participant is
eligible for LIP benefits if he or she timely applies for and is
issued a policy on his or her life of a type and by an insurer
designated by the Plan Administrator effective as of the date of
coverage indicated by such policy.
3.3
Termination of SERP Participation . When a Participant
ceases to be an Active Participant (as defined in Section 2.21(a)
hereof), he or she shall cease to be a Participant unless the
Participant remains an Inactive Participant or becomes a Retired
Participant. A Retired Participant shall remain a Participant until
his or her date of death, unless his or her Nonforfeitable benefits
are forfeited pursuant to Section 8.5.
3.4
Termination of LIP Participation . Except as provided in
this Section 3.4, an Active Participant shall remain a Participant
under the LIP portion of the Plan through the policy anniversary
date immediately following his or her Separation from Service,
unless:
(a) his
or her otherwise Nonforfeitable benefits are forfeited pursuant to
Section 8.5;
(b) the
policy issued to the Participant, as contemplated by Section 3.2,
is surrendered, modified or exchanged by the Participant or the
Participant causes a diminution in the policy’s cash
surrender value by withdrawing from, or borrowing against, the
policy; or
(c) the
Participant refuses or neglects to cooperate with the Company in
its efforts to confirm whether any circumstances described in
Section 3.4(b) exist.
When a Participant ceases to be an Active
Participant but continues in the service of the Company or an
Affiliate, he or she shall cease to be a Participant under the LIP
portion of the Plan as of the policy anniversary date immediately
following his or her change in status and shall have no rights to
LIP benefits thereafter unless and until the Participant
re-qualifies as an Active Participant. A Participant who ceases to
qualify as an Active Participant will again become eligible for the
LIP portion of the Plan no earlier than the first day of the
calendar month following the completion of three (3) full calendar
months from the effective date of their return to Active
Participant status.
As a condition to participation, or continued
participation, in the Plan, a Participant shall be required to
reimburse the Company for the reimbursable portion of any premium
paid on the policy issued to the Participant in connection with his
or her participation in the Plan if the Participant experiences a
Separation from Service within one (1) year of his or her original
date of hire with the Company or any Affiliate.
3.5
Inactive Participant . For purposes of Sections 4.2(a)(1)
and 4.2(b)(1), no increase in SERP retirement benefits shall be
attributed to Compensation paid or for services rendered during the
period of time that a Participant is classified as an Inactive
Participant. An Inactive Participant who never returns to the
status of an Active Participant may become a Retired Participant
and receive a SERP retirement benefit only if he or she has earned
a Nonforfeitable right to SERP retirement benefits prior to losing
his or her status as an Active Participant or earns a
Nonforfeitable right to SERP retirement benefits as an Inactive
Participant by reason of being credited with additional Vesting
Service pursuant to Section 2.28. In addition, any Compensation
paid or services rendered during any prior period of time when an
Inactive Participant was an Active Participant shall be
disregarded, except as provided below:
(a)
Return to Active Status . An Inactive Participant who has
not earned a Nonforfeitable right to SERP retirement benefits prior
to losing his or her status as an Active Participant and who
returns to the status of an Active Participant may have
Compensation and Creditable Service earned prior to becoming an
Inactive Participant counted towards the calculation of his or her
SERP retirement benefit in accordance with the following
rules:
(i) Eligible
Contracted Officer to Ineligible Contracted Officer . An Active
Participant who ceases to be an Eligible Contracted Officer but who
continues to be a Contracted Officer until re-qualifying as an
Active Participant shall receive credit for Compensation earned and
Creditable Service performed for his or her prior period of time as
an Eligible Contracted Officer for purposes of Sections 4.2(a)(1)
and 4.2(b)(1). This Clause (i) does not apply to any Grandfathered
Participant because a Grandfathered Participant remains an Active
Participant for as long as he or she is a Contracted
Officer.
(ii)
Eligible Contracted Officer to Non-Officer . An Active
Participant who ceases to be a Contracted Officer before
re-qualifying as an Active Participant shall receive credit for
Compensation earned and Creditable Service performed for his or her
prior period of time as an Eligible Contracted Officer for purposes
of Sections 4.2(a)(1) and 4.2(b)(1), provided he or she returns to
Eligible Contracted Officer status within five (5) years from
losing that status.
(b)
Special Situations . A Participant who has his or her Active
Participant status terminated solely by reason of Section
2.21(a)(v) shall be subject to be subject to the general provisions
of the Plan, as expressly modified by Section 9.3 or 9.5, as
applicable.
3.6
Ineligibility . Notwithstanding any other provision of the
Plan, the Plan Administrator may exclude any Contracted Officer
from participation in the SERP and/or the LIP, with or without the
consent of the Contracted Officer, and no such exclusion shall
require the provision of substitute consideration to the Contracted
Officer(s) so excluded.
SECTION 4
SERP BENEFITS
|
|
4.1
|
Nonforfeitable Right to SERP Benefits
.
|
(a) An
Active Participant who attains Normal Retirement Age, or an
Inactive Participant who attains Normal Retirement Age and who is
then a Contracted Officer, shall have a Nonforfeitable right to
benefits under this Section 4, subject to the provisions of
Section 8.5, and may retire and receive payment of a Normal
Retirement Allowance under the SERP. Payment of the Normal
Retirement Allowance shall commence as soon as practicable
following the end of the calendar year in which the Participant
actually experiences a Separation from Service on or after
attaining Normal Retirement Age.
(b) An
Active Participant who has attained age 55 and whose combination of
age (including completed whole calendar months of age) and years of
Vesting Service equal or exceed 70, or an Inactive Participant who
has attained age 55 and whose combination of age (including
completed whole calendar months of age) and years of Vesting
Service equal or exceed 70 and who is then a Contracted Officer,
shall have a Nonforfeitable right to benefits
|