Exhibit 10-i
OFFICER DISABILITY
PLAN
Plan Effective: January 1, 1984
Revisions Effective: January 1, 2010
OFFICER DISABILITY
PLAN
The AT&T Inc. (“AT&T” or
“Company”) Officer Disability Plan (“Plan”)
was formerly known as the Senior Management Long Term Disability
Plan prior to November 1, 2002. The purpose of the Plan
is to supplement an Eligible Employee’s disability benefits
provided under an AT&T Group Disability Plan.
“Committee” shall mean the Human Resources Committee of the
Board of Directors of AT&T Inc.
“ Eligible Employee ” shall
mean an Officer and any other individual who is participating in
the Plan as of September 1, 2005. Notwithstanding the
foregoing, the CEO of AT&T Inc. (“CEO”) may, from
time to time, exclude any Officer or group of Officers from being
an “Eligible Employee” under this
Plan. Further, an employee of a company acquired by
AT&T shall not be considered an Eligible Employee unless
designated as eligible by the CEO.
“ Employer ” shall mean
AT&T or any of its Subsidiaries.
“ Group Disability Plan ”
shall mean any Employer-paid group disability plan sponsored by
AT&T or any Subsidiary.
“ Long Term Disability Benefit
” shall mean the disability benefit provided under Section 3
of this Plan.
“ Officer ” shall mean an
individual who is designated as an officer for compensation
purposes on the records of AT&T.
“ Participant ” shall mean an
Eligible Employee who is disabled within the meaning of Section 2.1
or 3.1 of this Plan.
“Plan
Administrator” shall mean the SEVP-HR, or any other person or
persons whom the Committee may appoint to administer the Plan;
provided that the Committee may act as the Plan Administrator at
any time.
“ Pay ” shall mean the
monthly amount of an Eligible Employee’s annual base salary
rate (as determined by his or her Employer) on the last day prior
to entitlement to disability benefits under this Plan, but
excluding all differentials regarded as temporary or extra payments
and excluding all cash payments and distributions made under the
AT&T Short Term Incentive Plan, the AT&T 2001 Incentive
Plan, and the AT&T 2006 Incentive Plan, or successor
plans.
“ SEVP-HR ” shall mean the
company’s highest ranking Officer specifically responsible
for human resources matters.
“ Short Term Disability Benefit
” shall mean the disability benefit provided under Section 2
of this Plan.
Section 2. “
Subsidiary ” shall mean any corporation in which the
Company owns, directly or indirectly, more than fifty percent (50%)
of the total combined voting power of all classes of equity
interests, or any other entity (including, but not limited to,
partnerships and joint ventures) in which the Company owns more
than fifty percent (50%) of the combined equity
thereof. − Short Term Disability
Benefits
2.1 If an Eligible
Employee is eligible to receive short term disability benefits
under the Group Disability Plan, he/she is also eligible to receive
Short Term Disability Benefits under this Plan. Otherwise, an
Eligible Employee who, due to a physical or mental impairment, is
prevented from meeting the performance requirements of the position
he or she held immediately preceding the onset of his or her
physical or mental impairment shall be entitled to Short Term
Disability Benefits under this Section 2.
2.2 Subject to the
reductions and offsets described in Section 2.3, the Short Term
Disability Benefits provided under this Section 2 shall be a
monthly amount equal to one hundred percent (100%) of the
Participant’s Pay.
2.3 The
Participant’s Short Term Disability Benefit shall be reduced
by his or her short term disability benefit received under a Group
Disability Plan, if any. In addition, the
Participant’s combined Short Term Disability Benefit under
this Plan and his or her short term disability benefit under the
Group Disability Plan, if any, shall be reduced by any offsets as
provided in the Group Disability Plan.
Short Term Disability Benefits shall commence on
the date that short term disability benefits start under the Group
Disability Plan, or the date that short term disability benefits
would start under the Group Disability Plan had the Participant
been eligible for benefits under that plan. Short Term
Disability Benefits under this Plan shall be paid until the
earliest to occur of (i) the lapse of short term disability
benefits under the Group Disability Plan (whether or not actually
receiving benefits under the plan), or (ii) the Participant’s
ability to meet the performance requirements of the position he or
she held immediately preceding the onset of his or her physical or
mental impairment.
Section 3.
– Long Term Disability Benefits
3.1 If an Eligible
Employee is eligible to receive long term disability benefits under
the Group Disability Plan, he/she is also eligible to receive Long
Term Disability Benefits under this Plan. Otherwise, an Eligible
Employee shall be entitled to Long Term Disability Benefits after
the lapse of the Participant’s Short Term Disability Benefits
if the Eligible Employee, due to a physical or mental impairment,
is prevented from meeting the performance requirements of
(i) the position he or she held immediately preceding the
onset of his or her physical or mental impairment, (ii) a similar
position, and (iii) any appropriate position that the Participant
would otherwise be capable of performing by reason of his or her
background or experience.
3.2 Subject to the
reductions and offsets described in Section 3.3, the Long Term
Disability Benefits provided under this Section 3 shall be a
monthly amount equal to eighty percent (80%) of the
Participant’s Pay.
3.3 The
Participant’s Long Term Disability Benefit shall be reduced
by his or her long term disability benefit received under a Group
Disability Plan, if any. In addition, the
Participant’s combined Long Term Disability Benefit under
this Plan and his or her long term disability benefit under the
Group Disability Plan, if any, shall be reduced by any offsets as
provided in the Group Disability Plan.
3.4 Long Term
Disability Benefits under this Plan shall be paid until earliest to
occur of (i) the Participant’s attainment of age 65, or (ii)
the Participant’s ability to meet the performance
requirements of (a) the position he or she held immediately
preceding the onset of his or her physical or mental impairment,
(b) a similar position, or (c) any appropriate position that the
Participant would otherwise be capable of performing by reason of
his or her background or experience.
Section 4.
– Claims and Appeals
4.1 A Disability
Review Committee (“Committee”) will be established to
review any issues arising under this Plan, including any claims
made under this Plan. The Committee shall be appointed
by the SEVP-HR and shall be comprised of at least three managers,
one of which shall be an Officer. The Committee, which shall be a
fiduciary under the Plan with respect to the review of claims,
shall have the authority, in its sole and absolute discretion, to
interpret and administer the Plan, including the authority, in its
sole and absolute discretion, to make the determinations as to
whether an Eligible Employee is disabled within the meaning of
Sections 2 and 3 of the Plan and any other claim arising under the
Plan. The SEVP-HR, who shall be a fiduciary under the
Plan with respect to the review of appealed claims, shall have the
sole and absolute discretion to make determinations with respect to
an appeal of a claim that is denied by the Committee.
4.2 An Eligible
Employee or a Participant (the “Claimant”) may file a
claim under the Plan by sending a written notice of such claim to
AT&T Executive Compensation, 208 South Akard Street, Room 2355,
Dallas, Texas 75202-4206, which shall include a brief description
of the Claimant’s claim.
4.3 Upon receipt of a
written claim, the Committee shall notify the Claimant of the
Committee’s decision regarding the claim within forty-five
(45) days of the date the claim is made. The Committee
may extend this 45-day period for up to 30 days (plus an additional
30 days if needed) if it determines that special circumstances
require more time to determine the claim. The Committee
shall notify the Claimant, in writing, within the initial 45-day
period (and within the first 30-day extension period if an
additional 30 days is needed) if additional time is needed and what
special circumstances require the extra time. If
extensions are required because the Committee needs additional
information from the Claimant, the Claimant shall be given 45 days
from the Committee’s notification within which to provide
that information.
4.4 A claim is denied
if: (a) the Claimant receives a written denial from the
Committee, (b) the Claimant receives no reply from the Committee
after 45 days, or (c) the Committee has extended the time to reply
by an additional 30 or 60 days and the Claimant receives no reply
after the additional 30 or 60 days. The written notice
of a denied claim shall include: (a) the specific reasons for the
denial, (b) a specific reference to the Plan provision upon which
the denial is based, (c) a description of any additional
information that is needed to make the claim acceptable and the
reason it is needed, and (d) a description of the procedure by
which the Claimant may appeal the denial to the Human Resources
Committee of the AT&T Board of Directors.
4.5 If a claim is
denied by the Committee, or treated as denied, and the Claimant
disagrees with the Committee’s decision, the Claimant may
appeal the Committee’s decision by filing a written request
for review. The Claimant or someone authorized by the
Claimant must make the request for review within 180 days of
receipt of the denial notice or, if no notice is received, 180 days
after the e
