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Omnibus Benefit Restoration Plan of Sonoco Products Company

Omnibus Agreement

Omnibus Benefit Restoration Plan of Sonoco Products Company | Document Parties: SONOCO PRODUCTS CO | Sonoco Products Company You are currently viewing:
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Title: Omnibus Benefit Restoration Plan of Sonoco Products Company
Date: 10/29/2008
Industry: Paper and Paper Products     Sector: Basic Materials

Omnibus Benefit Restoration Plan of Sonoco Products Company, Parties: sonoco products co , sonoco products company
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Exhibit 10.2

Omnibus Benefit Restoration Plan of
Sonoco Products Company

Amended and Restated as of January 1, 2008

 


 

Contents

 

 

 

 

 

Article 1. Introduction

 

 

1

 

1.1 Background and History

 

 

1

 

1.2 Restatement of Plan

 

 

1

 

1.3 Purpose and Applicability of the Plan

 

 

1

 

 

 

 

 

 

Article 2. Definitions

 

 

2

 

2.1 Actuarial Equivalent

 

 

2

 

2.2 Affiliate

 

 

2

 

2.3 Beneficiary

 

 

2

 

2.4 Board

 

 

3

 

2.5 Code

 

 

3

 

2.6 Committee

 

 

3

 

2.7 Company

 

 

3

 

2.8 Company Stock

 

 

3

 

2.9 DB Restoration Benefit

 

 

4

 

2.10 DC Restoration Account

 

 

4

 

2.11 DC SERP Account

 

 

4

 

2.12 DC SERP Benefit

 

 

4

 

2.13 Eligible Compensation

 

 

4

 

2.14 Employee

 

 

5

 

2.15 Employer

 

 

5

 

2.16 ERISA

 

 

5

 

2.17 Executive Benefit

 

 

5

 

2.18 Final Average Pay

 

 

6

 

2.19 Five-Year Certain and Life Annuity

 

 

6

 

2.20 401(k) Plan

 

 

6

 

2.21 Gross Executive Restoration Benefit

 

 

6

 

2.22 Gross Executive SERP Benefit

 

 

6

 

2.23 Investment Plan

 

 

6

 

2.24 Joint and 50 Percent Survivor Annuity

 

 

6

 

2.25 Joint and 75 Percent Survivor Annuity

 

 

7

 

2.26 Joint and 100 Percent Survivor Annuity

 

 

7

 

2.27 Key Employee

 

 

7

 

2.28 Level Income Annuity

 

 

7

 

2.29 Military Leave

 

 

7

 

2.30 Net Executive Restoration Benefit

 

 

8

 

2.31 Net Executive SERP Benefit

 

 

8

 

2.32 Normal Retirement Date

 

 

8

 

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2.33 Participant

 

 

8

 

2.34 Participation Agreement

 

 

8

 

2.35 Plan

 

 

8

 

2.36 Plan Year

 

 

8

 

2.37 Qualified Pension Plan

 

 

8

 

2.38 Restricted Stock Units

 

 

9

 

2.39 Separation from Service

 

 

9

 

2.40 Single Life Annuity

 

 

9

 

2.41 Social Security Benefit

 

 

9

 

2.42 Stable Value Fund

 

 

10

 

2.43 Target Date Retirement Fund

 

 

10

 

2.44 Ten-Year Certain and Life Annuity

 

 

10

 

2.45 Valuation Date

 

 

10

 

2.46 Years of Benefit Service

 

 

10

 

2.47 Years of Vesting Service

 

 

10

 

 

 

 

 

 

Article 3. Executive Benefit

 

 

12

 

3.1 Eligibility and Participation

 

 

12

 

3.2 Normal Retirement Benefits

 

 

12

 

3.3 Early Retirement Benefits

 

 

13

 

3.4 Deferred Vested Retirement Benefits

 

 

14

 

3.5 Net Executive Restoration Benefit

 

 

16

 

3.6 Form of Payment

 

 

18

 

3.7 Preretirement Death Benefits

 

 

22

 

 

 

 

 

 

Article 4. DB Restoration Benefit

 

 

26

 

4.1 Eligibility and Participation

 

 

26

 

4.2 Normal Retirement Benefit

 

 

26

 

4.3 Early Retirement Benefits

 

 

27

 

4.4 Deferred Vested Retirement Benefits

 

 

28

 

4.5 Form of Payment

 

 

29

 

4.6 Preretirement Death Benefits

 

 

30

 

 

 

 

 

 

Article 5. DC Restoration Account

 

 

32

 

5.1 Eligibility and Participation

 

 

32

 

5.2 Benefits

 

 

32

 

5.3 Investment Gains and Losses.

 

 

33

 

5.4 Vesting

 

 

35

 

5.5 Distributions Following a Separation from Service

 

 

35

 

5.6 Distributions upon the Participant’s Death

 

 

36

 

 

 

 

 

 

Article 6. DC SERP Benefit

 

 

37

 

6.1 Eligibility and Participation

 

 

37

 

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6.2 Benefits

 

 

37

 

6.3 Investment Gains and Losses.

 

 

38

 

6.4 Vesting

 

 

38

 

6.5 Distributions Following a Separation from Service

 

 

39

 

6.6 Distributions Upon the Participant’s Death

 

 

40

 

 

 

 

 

 

Article 7. Participation Agreements

 

 

42

 

7.1 Social Security Bridge Benefit

 

 

42

 

7.2 Qualified Pension Plan Enhancement.

 

 

43

 

 

 

 

 

 

Article 8. Financing and Administration

 

 

47

 

8.1 Financing

 

 

47

 

8.2 The Committee

 

 

47

 

8.3 Manner of Action

 

 

47

 

8.4 Committee’s Powers and Duties

 

 

48

 

8.5 Delegation of Powers and Duties

 

 

49

 

8.6 Committee’s Decisions Conclusive

 

 

49

 

8.7 Compensation, Indemnity and Liability

 

 

49

 

8.8 Notice of Address

 

 

49

 

8.9 Data

 

 

50

 

8.10 Benefit Claims Procedures

 

 

50

 

 

 

 

 

 

Article 9. Amendment and Termination

 

 

52

 

9.1 Amendments

 

 

52

 

9.2 Termination and Liquidation of Plan

 

 

52

 

9.3 Successors

 

 

52

 

9.4 Prohibition on Changes Due to Code Section 409A

 

 

53

 

9.5 Employer Participation and Termination

 

 

53

 

 

 

 

 

 

Article 10. Miscellaneous Provisions

 

 

54

 

10.1 Taxation

 

 

54

 

10.2 Withholding on Distributions

 

 

54

 

10.3 Benefit Cash-out

 

 

54

 

10.4 Permissible Delays or Accelerations

 

 

55

 

10.5 No Enlargement of Employment Rights

 

 

55

 

10.6 Non-Alienation

 

 

56

 

10.7 Code Section 409A Aggregation Rules

 

 

56

 

10.8 No Examination or Accounting

 

 

56

 

10.9 Incompetency

 

 

56

 

10.10 Records Conclusive

 

 

57

 

10.11 Service of Legal Process

 

 

57

 

10.12 Qualified Military Service

 

 

57

 

10.13 Counterparts

 

 

57

 

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Article 1. Introduction

1.1 Background and History

Sonoco Products Company (the “Company”) previously established and presently maintains the Omnibus Benefit Restoration Plan of Sonoco Products Company (the “Plan”). The Plan was initially effective as of January 1, 1979 and was last amended and restated effective as of January 1, 1994.

1.2 Restatement of Plan

Effective as of January 1, 2008, the Company hereby amends and restates the Plan to—

(a)

 

add an installment payment option with respect to a portion of the Executive Benefit;

 

 

 

(b)

 

add a new supplemental retirement benefit for employees who are appointed as officers on and after January 1, 2008; and

 

 

 

(c)

 

bring the Plan into compliance with Code section 409A.

1.3 Purpose and Applicability of the Plan

The purpose of this Plan is to—

(a)

 

Provide certain eligible employees with supplemental retirement income; and

 

 

 

(b)

 

Restore to certain eligible employees benefits that may be lost or curtailed under the Company’s broad-based qualified retirement plans as a result of limits imposed on such benefits under the Internal Revenue Code.

The Plan is intended to be a nonqualified deferred compensation arrangement for eligible employees who are members of a “select group of management or highly compensated employees” within the meaning of ERISA section 201(2). The Plan, therefore, is intended to be exempt from the participation, funding, and fiduciary requirements of Title I of ERISA.

The provisions of this Plan are generally applicable only to eligible employees who are employed by the Company or an Affiliate on and after January 1, 2008. Unless otherwise provided in a retroactively effective provision of this restatement, any person who was covered by the Plan as in effect before January 1, 2008, and who had a Separation from Service before that date, shall continue to be covered by the provisions of this Plan as in effect upon his or her Separation from Service.

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Article 2. Definitions

Whenever used in the Plan, the following terms shall have the meanings set forth below, unless otherwise expressly provided; and when the defined meaning is intended, the term is capitalized.

2.1 Actuarial Equivalent

“Actuarial Equivalent” means the following:

(a)

 

General Rule. Actuarial Equivalent means a benefit having the same value as the benefit which it replaces, computed on the basis of—

 

(1)

 

the 1984 Unisex Pension Mortality Table, with no age setback for Participants and a three-year age setback for beneficiaries; and

 

 

 

 

 

(2)

 

interest at 9 percent compounded annually.

 

(b)

 

Lump Sum Payments. Notwithstanding section 2.1(a), the value of a lump sum payment calculated under section 10.3(a)(1) and 10.3(b) shall be computed on the basis of—

 

(1)

 

the mortality table specified in section 2.1(a)(1); and

 

 

 

 

 

(2)

 

an interest rate equal to the discount rate used to compute FAS-87 costs under the Qualified Pension Plan for the Plan Year immediately preceding the Plan Year in which the distribution occurs, as stated each year in the Company’s annual report to shareholders.

2.2 Affiliate

“Affiliate” means—

(a)

 

any corporation while it is a member of the same controlled group of corporations (within the meaning Code section 414(b) as the Company); and

 

 

 

(b)

 

any other trade or business (whether or not incorporated) while it is under common control with the Company (within the meaning of Code section 414(c)).

2.3 Beneficiary

“Beneficiary” means the person or persons designated by the Participant to receive any benefits that become payable under this Plan on account of the Participant’s death under:

(a)

 

Section 3.6(a), regarding survivor payments that may become due if the Participant elected to receive his or her Net Executive Restoration Benefit in one of the optional forms of payment described therein;

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(b)

 

Section 3.6(b), regarding survivor payments that may become due if the Participant’s Net Executive SERP Benefit was being distributed in the form of a Ten-Year Certain and Life Annuity or three annual installments at the time of his or her death)

 

 

 

(c)

 

Section 4.5(b), regarding survivor payments that may become due if the Participant elects to receive his or her DB Restoration Benefit in one of the optional forms of payment described therein;

 

 

 

(d)

 

Section 5.6, regarding the vested portion of a Participant’s DC Restoration Account that remains unpaid at the time of the Participant’s death; or

 

 

 

(e)

 

Section 6.6, regarding the vested portion of a Participant’s DC SERP Benefit that remains unpaid at the time of the Participant’s death; and

 

 

 

(f)

 

Section 7.2(d), regarding survivor payments that may become due with respect to a Qualified Pension Plan enhancement payable under an individual Participation Agreement (depending on the form of payment in effect under such section).

A Participant’s Beneficiary shall be the person or persons designated by the Participant to receive the benefits described in subsection (a) through (f) above. This designation shall be made at a time and in a manner prescribed by the Committee. If the Participant fails to designate a Beneficiary, or if the person named by the Participant as his or her Beneficiary is not living as of the date that a benefit becomes payable, the Participant’s Beneficiary shall be the Participant’s surviving spouse; or if there is no surviving spouse, the Participant’s estate.

(With respect to the preretirement death benefits that may become payable under section 3.7 or 4.6, the only permissible Beneficiary under this Plan is the Participant’s surviving spouse.)

2.4 Board

“Board” means the Board of Directors of the Company.

2.5 Code

“Code” means the Internal Revenue Code of 1986, as amended, or as it may be amended from time to time. A reference to a section of the Code shall also be deemed to refer to the regulations under that section.

2.6 Committee

“Committee” means the Benefits Committee which shall have primary responsibility for administering the Plan under Article 8.

2.7 Company

“Company” means Sonoco Products Company or any successor thereto that agrees to adopt and continue this Plan.

2.8 Company Stock

“Company Stock” means the Company’s no par value common stock.

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2.9 DB Restoration Benefit

“DB Restoration Benefit” means the benefit that is intended to provide benefits that would have been provided under the Qualified Pension Plan without regard to the limits in effect under Code sections 401(a)(17) and 415, as determined under Article 4.

2.10 DC Restoration Account

“DC Restoration Account” means the bookkeeping account maintained by the Company which represents the total benefits accumulated by a Participant under Article 5. A Participant’s DC Restoration Account shall be comprised of the following subaccounts:

(a)

 

401(k) Plan Restoration Account means the portion of the Participant’s DC Restoration Account that evidences the value of benefits accumulated by the Participant under section 5.2(a), including any gains and losses attributable to such benefits, as determined under section 5.3(a).

 

 

 

(b)

 

Investment Plan Restoration Account means the portion of the Participant’s DC Restoration Account that evidences the value of benefits accumulated by the Participant under section 5.2(b), including any gains and losses attributable to such benefits, as determined under section 5.3(b).

2.11 DC SERP Account

“DC SERP Account” means the bookkeeping account maintained by the Company that evidences the portion of an eligible Participant’s DC SERP Benefit that is determined under section 6.2(a)(1), including the investment gains that are allocated to such account under section 6.3(a).

2.12 DC SERP Benefit

“DC SERP Benefit” means the benefit determined under Article 6, comprised of both a Participant’s DC SERP Account and a Participant’s Restricted Stock Units.

2.13 Eligible Compensation

“Eligible Compensation” means the compensation used to determine the amount of a Participant’s benefits under Article 3 (regarding the Executive Benefit), Article 5 (regarding the DC Restoration Account) and Article 6 (regarding the DC SERP Benefit).

(a)

 

General Rule. Except as otherwise provided in subsections (b) and (c) below, “Eligible Compensation” means the sum of the total base salary received by the Participant for the Plan Year and any annual bonus earned by the Participant for the Plan Year (even if such bonus is actually paid in a subsequent year).

 

 

 

(b)

 

DC Restoration Account. For the purpose of determining amounts to be credited to a Participant’s DC Restoration Account under Article 5 for a Plan Year, “Eligible Compensation” means the Participant’s compensation that is used in calculating contributions under the 401(k) Plan and Investment Plan for the same Plan Year, but

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determined without regard to the limit imposed on such compensation by Code section 401(a)(17).

 

 

 

(c)

 

Special Rule for Last Year of Employment. When calculating Final Average Pay under section 2.18 for a Participant who incurs a Separation from Service before the last day of the Plan Year, Eligible Compensation for this final partial Plan Year of employment shall equal the sum of—

 

 

(1)

 

the base salary actually paid to the Participant for such Plan Year for employment before his or her Separation from Service;

 

 

 

 

 

(2)

 

the additional base salary the Participant would have received had he or she remained in active employment for the period beginning on the date of his or her Separation from Service and ending on the next following December 31 (at the same rate of base salary as in effect immediately prior to such Separation from Service); and

 

 

 

 

 

(3)

 

the annual bonus actually earned by Participant for such Plan Year for employment before his or her Separation from Service (even if such bonus is actually paid in a subsequent year). However, if such annual bonus has not been determined as of the Participant’s benefit commencement date, the annual bonus that will be treated as part of the Participant’s Eligible Compensation for his or her last partial Plan Year of employment shall equal the Participant’s target bonus percentage for such year multiplied by the base salary actually paid to the Participant for such year for employment before his or her Separation from Service.

2.14 Employee

“Employee” means any person who is employed by the Company or an Affiliate, other than a person who is retained as an independent contractor, a leased employee (as determined under the Company’s or an Affiliate’s customary worker classification procedures), or a non-employee member of the Board.

2.15 Employer

“Employer” means the Company and each Affiliate that has been designated as an Employer under this Plan in accordance with section 9.5.

2.16 ERISA

“ERISA” means the Employee Retirement Income Security Act of 1974, as amended, or as it may be amended from time to time. A reference to a particular section of ERISA shall also be deemed to refer to the regulations under that section.

2.17 Executive Benefit

“Executive Benefit” means the benefit determined under Article 3, comprised of both a Participant’s Net Executive Restoration Benefit and Net Executive SERP Benefit.

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2.18 Final Average Pay

“Final Average Pay” is used to determine an eligible Participant’s Gross Executive SERP Benefit under section 2.22. “Final Average Pay” means the monthly average of the Eligible Compensation earned by the Participant for any three Plan Years of employment (regardless of whether such years are consecutive), selected from the last seven full Plan Years of employment (and the final partial Plan Year of employment for a Participant whose Separation from Service occurs on a date other than December 31), that produces the highest average. If a Participant has fewer than three complete Plan Years of Eligible Compensation after annualizing the final year in accordance with section 2.13(c), Final Average Pay shall be determined by averaging all Eligible Compensation received by the Participant over his or her whole and partial years of employment with the Company and its Affiliates.

2.19 Five-Year Certain and Life Annuity

“Five-Year Certain and Life Annuity” means a monthly retirement benefit payable to the Participant for life, and if the Participant dies before receiving 60 monthly payments, such payments shall continue to the Beneficiary until a total of 60 payments have been made.

2.20 401(k) Plan

“401(k) Plan” means the tax-qualified Sonoco Savings Plan, as amended from time to time.

2.21 Gross Executive Restoration Benefit

“Gross Executive Restoration Benefit” is used in the calculation of the Net Executive Restoration Benefit and shall be determined in accordance with section 3.5(b).

2.22 Gross Executive SERP Benefit

“Gross Executive SERP Benefit” is used in the calculation of the Executive Benefit under Article 3. An eligible Participant’s Gross Executive SERP Benefit is expressed as a Joint and 75 Percent Survivor Annuity commencing on the Participant’s Normal Retirement Date and shall equal the product of (a) and (b) where—

(a)

 

is 4 percent of the Participant’s Final Average Pay multiplied by his or her Years of Benefit Service (but not to exceed 15 years); and

 

 

 

(b)

 

is a fraction having a numerator equal to the Participant’s Years of Benefit Service and a denominator equal to the Years of Benefit Service the Participant would have earned had he or she continued in the employment of an Employer through his or her Normal Retirement Date.

2.23 Investment Plan

“Investment Plan” means the tax-qualified Sonoco Investment and Retirement Plan, as amended from time to time.

2.24 Joint and 50 Percent Survivor Annuity

“Joint and 50 Percent Survivor Annuity” means a monthly retirement benefit payable for the lifetime of the Participant with a monthly survivor annuity for the lifetime of the Participant’s

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Beneficiary equal to 50 percent of the monthly amount payable during the joint lives of the Participant and such Beneficiary.

2.25 Joint and 75 Percent Survivor Annuity

“Joint and 75 Percent Survivor Annuity” means a monthly retirement benefit payable for the lifetime of the Participant with a monthly survivor annuity for the lifetime of the Participant’s Beneficiary equal to 75 percent of the monthly amount payable during the joint lives of the Participant and such Beneficiary.

2.26 Joint and 100 Percent Survivor Annuity

“Joint and 100 Percent Survivor Annuity” means a monthly retirement benefit payable for the lifetime of the Participant with a monthly survivor annuity for the lifetime of the Participant’s Beneficiary equal to 100 percent of the monthly amount payable during the joint lives of the Participant and such Beneficiary.

2.27 Key Employee

“Key Employee” means generally a Participant who is either:

(a)

 

one of the top-paid 50 officers of the Company or an Affiliate who has annual compensation in excess of $130,000 (as indexed from time to time in accordance with Code section 416(i)(1));

 

 

 

(b)

 

a 5-percent owner of the Company or an Affiliate; or

 

 

 

(c)

 

a 1-percent owner of the Company or an Affiliate who has annual compensation in excess of $150,000.

A Participant who meets one or more of the conditions described in subsection (a), (b), or (c) at any time during a Plan Year shall be subject to the distribution restrictions that apply to Key Employees under this Plan during the 12-month period that begins on the April 1 next following the last day of such Plan Year.

(For purposes of this section 2.27, “compensation” means an amount determined in accordance with Code section 415(c)(3).)

2.28 Level Income Annuity

“Level Income Annuity” means a single life annuity that pays an increased monthly benefit until the date on which the Participant reaches age 62 or age 65 (as elected by the Participant), and a reduced monthly benefit upon reaching such age, such that the total benefits under both this Plan and the Social Security Act are as level as possible throughout the period beginning on the Participant’s benefit commencement date and ending on the date of his death.

2.29 Military Leave

“Military Leave” means leave subject to reemployment rights under the Uniformed Services Employment and Reemployment Rights Act of 1994, as amended from time to time.

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2.30 Net Executive Restoration Benefit

“Net Executive Restoration Benefit” means the portion of the Participant’s Executive Benefit determined under section 3.2(b)(1), 3.3(b)(1), or 3.4(b)(1), whichever applies to the Participant as of his or her Separation from Service.

2.31 Net Executive SERP Benefit

“Net Executive SERP Benefit” means the portion of the Participant’s Executive Benefit determined under section 3.2(b)(2), 3.3(b)(2), or 3.4(b)(2), whichever applies to the Participant as of his or her Separation from Service.

2.32 Normal Retirement Date

“Normal Retirement Date” means the first day of the month next following the date on which the Participant attains age 65 (or incurs a Separation from Service, if later).

2.33 Participant

“Participant” means an Employee who has met and continues to meet the eligibility requirements described in—

(a)

 

section 3.1 (related to the Executive Benefit);

 

 

 

(b)

 

section 4.1 (related to the DB Restoration Benefit);

 

 

 

(c)

 

section 5.1 (related to the DC Restoration Account);

 

 

 

(d)

 

section 6.1 (related to the DC SERP Benefit); and/or

 

 

 

(e)

 

section 7.1 (related to individual Participation Agreements).

2.34 Participation Agreement

“Participation Agreement” means an agreement individually negotiated between the Employer and an Employee to provide certain benefits after retirement. Any such Participation Agreement shall form an integral part of this Plan and shall be subject to the provisions of Article 7.

2.35 Plan

“Plan” means this Omnibus Benefit Restoration Plan of Sonoco Products Company, as amended from time to time.

2.36 Plan Year

“Plan Year” means the 12-month period beginning on January 1 and ending on December 31.

2.37 Qualified Pension Plan

“Qualified Pension Plan” means the tax-qualified Sonoco Pension Plan, as amended from time to time.

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2.38 Restricted Stock Units

“Restricted Stock Units” means the portion of the DC SERP Benefit that is valued by reference to a share of Stock and the accumulated valued of dividend equivalents determined under sections 6.2(a)(2) and 6.3(b).

2.39 Separation from Service

“Separation from Service” means an Employee’s termination from employment with the Company and all Affiliates, whether by retirement, resignation from or discharge by the Company or an Affiliate (but not by a transfer among Affiliates or death).

(a)

 

A Separation from Service shall be deemed to have occurred as of the date the Employee and the Company or any Affiliate reasonably anticipates, based on the facts and circumstances, that either:

 

(1)

 

The Employee will not provide any additional services for the Company or an Affiliate after that date; or

 

 

 

 

 

(2)

 

The level of bona fide services performed by the Employee after that date will permanently decrease to no more than 20 percent of the average level of bona fide services performed by the Employee over the immediately preceding 36 months.

 

(b)

 

If an Employee is absent from employment due to Military Leave, sick leave, or any other bona fide leave of absence authorized by the Company or an Affiliate, and there is a reasonable expectation that the Employee will return to perform services for the Company or an Affiliate, then a Separation from Service shall not occur until the later of:

 

(1)

 

The first date immediately following the date that is six months after the first date that an Employee was absent from employment; and

 

 

 

 

 

(2)

 

To the extent the Employee retains a right to reemployment with the Company or any Affiliates under an applicable statute or by contract, the date the Employee no longer retains a right to reemployment.

2.40 Single Life Annuity

“Single Life Annuity” means a monthly retirement benefit payable for the lifetime of the Participant, with no continuing payments following the Participant’s death.

2.41 Social Security Benefit

“Social Security Benefit” is used in the calculation of the Net Executive SERP Benefit under sections 3.2(b)(2), 3.3(b)(2), and 3.4(b)(2). “Social Security Benefit” means the estimated monthly benefit that the Participant would be entitled to receive under the Social Security Act commencing at age 62 (or, if later, the date of the Participant’s Separation from Service). This estimate shall be based on—

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(a)

 

the Social Security Act in effect as of the date of the Participant’s Separation from Service; and

 

 

 

(b)

 

an assumption that the Participant’s compensation does not increase after the last day of the Plan Year that precedes the date of the Participant’s Separation from Service.

2.42 Stable Value Fund

“Stable Value Fund” means the stable value fund that is available for the investment of a Participant’s account under the Investment Plan (or any other fund selected by the Committee in its sole discretion for the deemed investment of a portion of the Participant’s Investment Plan Account under section 5.3(b)).

2.43 Target Date Retirement Fund

“Target Date Retirement Fund” means the target date retirement funds that are available for the investment of a Participant’s account under the Investment Plan (or any other fund selected by the Committee in its sole discretion for the deemed investment of a portion of the Participant’s DC Restoration Account under section 5.3). With respect to a particular Participant, the Target Date Retirement Fund shall be the fund having the target date that is closest to the year in which the Participant reaches age 65.

2.44 Ten-Year Certain and Life Annuity

“Ten-Year Certain and Life Annuity” means a monthly retirement benefit payable to the Participant for life, and if the Participant dies before receiving 120 monthly payments, such payments shall continue to the Beneficiary until a total of 120 payments have been made.

2.45 Valuation Date

“Valuation Date” means any date selected by the Committee in its sole and absolute discretion for revaluation and adjustment of the Participant’s DC Restoration Account and DC SERP Account.

2.46 Years of Benefit Service

“Years of Benefit Service” mean generally the years of service earned by a Participant for benefit accrual purposes under the Qualified Pension Plan. However, for purposes of determining the amount of a Participant’s Gross Executive SERP Benefit under section 2.22, “Years of Benefit Service” shall be credited for the Participant’s full period of employment with the Company and its Affiliates.

2.47 Years of Vesting Service

“Years of Vesting Service” mean the following:

(a)

 

Executive Benefit. For purposes of determining whether a Participant has a vested interest in the Executive Benefit under Article 3, “Years of Vesting Service” mean the vesting service earned by the Participant as determined under the Qualified Pension Plan (but considering only such service earned during the Participant’s period of active participation under Article 3).

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(b)

 

DB Restoration Benefit. For purposes of determining whether a Participant has a vested interest in the DB Restoration Benefit under Article 4, “Years of Vesting Service” mean the vesting service earned by the Participant as determined under the Qualified Pension Plan.

 

 

 

(c)

 

Investment Plan Restoration Account. For purposes of determining whether a Participant has a vested interest in an Investment Plan Restoration Account under Article 5, “Years of Vesting Service” mean the vesting service earned by the Participant as determined under the Investment Plan.

 

 

 

(d)

 

DC SERP Benefit. For purposes of determining whether a Participant has a vested interest in a DC SERP Benefit under Article 6, “Years of Vesting Service” will be determined as follows:

 

 

(1)

 

If the Participant is accruing benefits under the Qualified Pension Plan, his or her “Years of Vesting Service” mean the vesting service earned by the Participant as determined under the Qualified Pension Plan (but considering only such service earned during the Participant’s period of employment as an officer of the Company).

 

 

 

 

 

(2)

 

If the Participant is an active participant in the Investment Plan, his or her “Years of Vesting Service” mean the vesting service earned by the Participant as determined under the Investment Plan (but considering only such service earned during the Participant’s period of employment as an officer of the Company).

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Article 3. Executive Benefit

3.1 Eligibility and Participation

(a)

 

Eligibility. Subject to section 3.1(b) below, an Employee who was a Participant with respect to the Executive Benefit as of December 31, 2007 shall continue to be a Participant with respect to this benefit on and after January 1, 2008. Each Employee who was not a Participant with respect to the Executive Benefit as of December 31, 2007 shall not be eligible to become a Participant under this Article 3.

 

 

 

(b)

 

Duration of Participation. An individual who becomes a Participant under this Article 3 shall continue as an active Participant until the earlier of the date on which he or she—

 

(1)

 

is designated by the Committee as no longer eligible to be a Participant with respect to the Executive Benefit; or

 

 

 

 

 

(2)

 

incurs a Separation from Service.

 

 

 

When active participation ends under subsection (b)(1) or (b)(2), the individual will continue as an inactive Participant with respect to the Executive Benefit until he or she has received a complete distribution of any benefits to which he or she is entitled under this Article 3 (or forfeits any such benefits by incurring a Separation from Service before qualifying for a deferred vested retirement benefit under section 3.4(a)).

3.2 Normal Retirement Benefits

(a)

 

Eligibility. A Participant under this Article 3 who incurs a Separation from Service on or after attaining age 65 shall be eligible for a normal retirement benefit under this section 3.2. This benefit shall commence as of the date determined under section 3.2(c) and shall be paid in the form determined under section 3.6.

 

 

 

(b)

 

Amount. The Executive Benefit payable under this section 3.2 to a Participant who retires after reaching age 65 shall equal the sum of—

 

(1)

 

the Participant’s Net Executive Restoration Benefit determined under section 3.5 as of the date of the Participant’s Separation from Service, but expressed as a Single Life Annuity (i.e., determined before converting the Gross Executive Restoration Benefit and the offset for the benefit payable under the Qualified Pension Plan into a Joint and 75 Percent Survivor Annuity under section 3.5(d)); and

 

 

 

 

 

(2)

 

the Participant’s Net Executive SERP Benefit, which shall equal (A) reduced by the sum of (B) and (C) where—

 

 

(A)

 

is the Gross Executive SERP Benefit determined as of the date of the Participant’s Separation from Service;

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(B)

 

is the Gross Executive Restoration Benefit determined under section 3.5(b) as of the date of the Participant’s Separation from Service (after such amount has been converted into a Joint and 75 Percent Survivor Annuity in the manner described in section 3.5(d)); and

 

 

 

 

 

(C)

 

is the Participant’s Social Security Benefit.

 

(c)

 

Commencement. If a Participant becomes entitled to an Executive Benefit under this section 3.2 upon his or her Separation from Service, both the Net Executive Restoration Benefit and the Net Executive SERP Benefit shall commence as of the first day of the month next following the month in which the six-month anniversary of the Participant’s Separation from Service occurs. If all or a portion of the Executive Benefit is paid as an annuity under section 3.6, the first such annuity payment shall include the monthly amounts (with no adjustment for interest) the Participant would have received had his or her benefit commencement date been the first day of the month next following the date on which the Participant incurs a Separation from Service.

3.3 Early Retirement Benefits

(a)

 

Eligibility. A Participant under this Article 3 who incurs a Separation from Service before reaching age 65, but after reaching age 55, shall be eligible for an early retirement benefit under this section 3.3. This benefit shall commence on the date determined under section 3.3(c) and shall be paid in the form determined under section 3.6.

 

 

 

(b)

 

Amount. The Executive Benefit payable under this section 3.3 shall equal the sum of the Net Executive Restoration Benefit determined under section 3.3(b)(1) and the Net Executive SERP Benefit determined under section 3.3(b)(2).

 

(1)

 

Net Executive Restoration Benefit. The Net Executive Restoration Benefit under this section 3.3 shall equal (A) reduced by (B) where—

 

 

(A)

 

is the Net Executive Restoration Benefit determined under section 3.5 as of the date of the Participant’s Separation from Service, but expressed as a Single Life Annuity (i.e., determined before converting the Gross Executive Restoration Benefit and the offset for the benefit payable under the Qualified Pension Plan into a Joint and 75 Percent Survivor Annuity under section 3.5(d)); and

 

 

 

 

 

(B)

 

is 0.30 percent of the amount determined under section 3.3(b)(1)(A) for each month by which the first day of the month that next follows the month in which the Participant incurred a Separation from Service precedes the first day of the month next following the month in which the Participant would attain age 65.

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(2)

 

Net Executive SERP Benefit. The Net Executive SERP Benefit payable under this section 3.3 shall equal (A) reduced by the sum of (B) and (C) where—

 

 

(A)

 

is the Participant’s Gross Executive SERP Benefit determined as of the date of the Participant’s Separation from Service, reduced by 0.25 percent for each month by which the first day of the month that next follows the month in which the Participant incurred a Separation from Service precedes the first day of the month next following the month in which the Participant would attain age 62;

 

 

 

 

 

(B)

 

is the Gross Executive Restoration Benefit determined under section 3.5(b) as of the date of the Participant’s Separation from Service (after such amount has been converted into a Joint and 75 Percent Survivor Annuity in the manner described in section 3.5(d)), reduced for commencement before age 65 in the manner and amount described in section 3.3(b)(1)(B) above; and

 

 

 

 

 

(C)

 

is the Participant’s Social Security Benefit, calculated as if it were to commence on the first day of the month next following the later of (i) the month in which the Participant incurs a Separation from Service or (ii) the month in which the Participant attains age 62. (This offset for the Social Security Benefit shall first be applied as of the first day of the month next following the later of the month in which the Participant incurs a Separation from Service or attains age 62.)

(c)

 

Commencement. If a Participant becomes entitled to an Executive Benefit under this section 3.3 upon his or her Separation from Service, both the Net Executive Restoration Benefit and the Net Executive SERP Benefit shall commence as of the first day of the month next following the month in which the six-month anniversary of the Participant’s Separation from Service occurs. If all or a portion of the Executive Benefit is paid as an annuity under section 3.6, the first such annuity payment shall include the monthly amounts (with no adjustment for interest) the Participant would have received had his or her benefit commencement date been the first day of the month next following the date on which the Participant incurs a Separation from Service.

3.4 Deferred Vested Retirement Benefits

(a)

 

Eligibility. A Participant under this Article 3 who incurs a Separation from Service before qualifying for early retirement under section 3.3, but after completing five or more Years of Vesting Service as a Participant under this Article 3, shall be eligible for a deferred vested retirement benefit under this section 3.4. This benefit shall commence on the date determined under section 3.4(c) and shall be paid in the form determined under section 3.6.

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(b)

 

Amount. The Executive Benefit payable under this section 3.4 shall equal the sum of the Net Executive Restoration Benefit determined under section 3.4(b)(1) and the Net Executive SERP Benefit determined under section 3.4(b)(2).

 

 

(1)

 

Net Executive Restoration Benefit. The Net Executive Restoration Benefit payable under this section 3.4 shall equal (A) multiplied by (B) where—

 

(A)

 

is the Net Executive Restoration Benefit determined under section 3.5 as of the date of the Participant’s Separation from Service, but expressed as a Single Life Annuity (i.e., determined before converting the Gross Executive Restoration Benefit and the offset for the benefit payable under the Qualified Pension Plan into a Joint and 75 Percent Survivor Annuity under section 3.5(d)); and

 

 

 

 

 

(B)

 

is 64 percent.

 

 

(2)

 

Net Executive SERP Benefit. The Net Executive SERP Benefit payable under this section 3.4 shall equal (A) reduced by the sum of (B) and (C) where—

 

(A)

 

is 79 percent of the Participant’s Gross Executive SERP Benefit determined as of the date of the Participant’s Separation from Service;

 

 

 

 

 

(B)

 

is 64 percent of the Gross Executive Restoration Benefit determined under section 3.5(b) as of the date of the Participant’s Separation from Service, (after such amount has been converted into a Joint and 75 Percent Survivor Annuity in the manner described in section 3.5(d)); and

 

 

 

 

 

(C)

 

is the Participant’s Social Security Benefit, calculated as if it were to commence on the first day of the month next following the month in which the Participant attains age 62. (This offset for the Social Security Benefit shall first be applied as of the first day of the month next following the month in which the Participant attains age 62.)

 

(c)

 

Commencement. If a Participant becomes entitled to an Executive Benefit under this section 3.4 upon his or her Separation from Service, both the Net Executive Restoration Benefit and the Net Executive SERP Benefit shall commence as of the later of—

 

(1)

 

the first day of the month next following the month in which the Participant reaches age 55; or

 

 

(2)

 

the first day of the month next following the month in which the six-month anniversary of the Participant’s Separation from Service occurs.

 

 

If all or a portion of the Executive Benefit is paid as an annuity under section 3.6, and the Participant’s benefit commencement date is the date determined under section 3.4(c)(2), the first such annuity payment shall include the monthly amounts

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(with no adjustment for interest) the Participant would have received had his or her benefit commencement date been the first day of the month next following the month in which the Participant reaches age 55.

3.5 Net Executive Restoration Benefit

(a)

 

In General. A Participant’s Net Executive Restoration Benefit shall equal the difference between—

 

(1)

 

the Gross Executive Restoration Benefit determined as of the Participant’s Separation from Service under section 3.5(b); and

 

 

(2)

 

the benefit accrued by the Participant under the Qualified Pension Plan determined as of his or her Separation from Service as determined under 3.5(c).

(b)

 

Gross Executive Restoration Benefit. A Participant’s Gross Executive Restoration Benefit shall be determined initially as of December 31, 2008 (in accordance with section 3.5(b)(1)); then adjusted for each full Plan Year of participation thereafter (in accordance with section 3.5(b)(2)); and adjusted further for the Plan Year in which the Participant incurs a Separation from Service (in accordance with section 3.5(b)(3)).

 

 

(1)

 

Gross Executive Restoration Benefit as of December 31, 2008. The Gross Executive Restoration Benefit as of December 31, 2008 shall equal the amount that would have been accrued by the Participant under the Qualified Pension Plan as of such date without regard to the limits imposed by Code sections 401(a)(17) and 415, and calculated initially as a Single Life Annuity commencing on the Participant’s Normal Retirement Date, but then converted into a Joint and 75 Percent Survivor Annuity commencing on the Participant’s Normal Retirement Date (in the manner described in section 3.5(d)).

 

(2)

 

Annual Adjustments to Gross Executive Restoration Benefit for Full Plan Years of Participation. Beginning January 1, 2009, the Gross Executive Restoration Benefit determined as of the end of the immediately preceding Plan Year shall be increased as of the last day of each subsequent full Plan Year of participation by an amount equal to the lesser of (A) or (B) where—

 

 

(A)

 

is the difference (but not less than zero) between—

 

(i)

 

the amount that would have been accrued by the Participant under the Qualified Pension Plan through the last day of the current Plan Year without regard to the limits imposed by Code sections 401(a)(17) and 415, and calculated initially as a Single Life Annuity commencing on the Participant’s Normal Retirement Date, but then converted into a Joint and 75 Percent Survivor Annuity commencing on the Participant’s Normal Retirement Date (in the manner described in section 3.5(d)); and

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(ii)

 

is the lesser of—

 

 

(I)

 

the amount that would have been accrued by the Participant under the Qualified Pension Plan through the last day of the immediately preceding Plan Year without regard to the limits imposed by Code sections 401(a)(17) and 415, calculated initially as a Single Life Annuity commencing on the Participant’s Normal Retirement Date but then converted into a Joint and 75 Percent Survivor Annuity commencing on the Participant’s Normal Retirement Date (in the manner described in section 3.5(d)); and

 

 

 

 

 

(II)

 

the amount of the Gross Executive Restoration Benefit as of the last day of the immediately preceding Plan Year; and

 

(B)

 

is the increase in the Gross Executive SERP Benefit for such full Plan Year of participation. (This increase shall equal the Gross Executive SERP Benefit as of the last day of the Plan Year reduced by the Gross Executive SERP Benefit determined as of the last day of the immediately preceding Plan Year.)

 

 

(3)

 

Final Determination of Gross Executive Restoration Benefit as of Separation from Service. As of the date of the Participant’s Separation from Service, the Gross Executive Restoration Benefit shall equal the Gross Executive Restoration Benefit determined under section 3.5(b)(2) as of the last day of the immediately preceding Plan Year increased through the date of the Participant’s Separation from Service by an amount equal to the lesser of (A) or (B) where—

 

(A)

 

is the difference (but not less than zero) between—

 

 

(i)

 

the amount that would have been accrued by the Participant under the Qualified Pension Plan through the date of his or her Separation from Service without regard to the limits imposed by Code sections 401(a)(17) and 415, calculated initially as a Single Life Annuity commencing on the Participant’s Normal Retirement Date, but then converted into a Joint and 75 Percent Survivor Annuity commencing on the Participant’s Normal Retirement Date (in the manner described in section 3.5(d)); and

 

 

 

 

 

(ii)

 

the lesser of—

 

(I)

 

the amount that would have been accrued by the Participant under the Qualified Pension Plan through the last day of the immediately preceding Plan Year without regard to the limits imposed by Code sections 401(a)(17) and 415, calculated initially as a Single Life Annuity commencing on the

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Participant’s Normal Retirement Date, but then converted into a Joint and 75 Percent Survivor Annuity commencing on the Participant’s Normal Retirement Date (in the manner described in section 3.5(d)); and

 

(II)

 

the amount of the Gross Executive Restoration Benefit as of the last day of the immediately preceding Plan Year; and

 

 

(B)

 

is the increase in the Gross Executive SERP Benefit for the Plan Year in which the Participant incurred a Separation from Service. (This increase shall equal the Gross Executive SERP Benefit as of the date of the Participant’s Separation from Service reduced by the Gross Executive SERP Benefit determined as of the last day of the immediately preceding Plan Year).

(c)

 

Offset for Qualified Pension Plan Benefit. The offset described in section 3.5(a)(2) equal the amount accrued by the Participant under the Qualified Pension Plan as of the date of the Participant’s Separation from Service, calculated initially as a Single Life Annuity commencing on the Participant’s Normal Retirement Date, but then converted into a Joint and 75 Percent Survivor Annuity (in the manner described in section 3.5(d)).

 

 

 

(d)

 

Adjustment to the Single Life Annuity Amounts. Amounts calculated initially as a Single Life Annuity under sections 3.5(b) and 3.5(c) shall be converted into actuarially equivalent Joint and 75 Percent Survivor Annuity by—

 

 

(1)

 

applying the mortality and interest assumptions described in section 2.1, and

 

 

 

 

 

(2)

 

for a Participant who is not married as of the applicable calculation date, by assuming that the Participant’s beneficiary under the Joint and 75 Percent Survivor Annuity is the same age as the Participant.

3.6 Form of Payment

(a)

 

Net Executive Restoration Benefit. The portion of the Executive Benefit that is attributable to the Net Executive Restoration Benefit shall be paid as follows:

 

(1)

 

Before 2009. If a Participant’s benefit commencement date under this Article 3 is before January 1, 2009, and the Participant elects to commence his or her benefits under the Qualified Pension Plan before such date, the Participant’s Executive Restoration Benefit shall be paid in the same annuity form in effect for the Participant under the Qualified Pension Plan. Any annuity benefit payable under this section 3.6(a)(1) shall be the Actuarial Equivalent of the Single Life Annuity determined under section 3.2(b)(1), 3.3(b)(1), or 3.4(b)(1) (as applicable).

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(2)

 

After 2008. Subject to section 10.3, if a Participant’s benefit commencement date under this Article 3 is after December 31, 2008, such benefit shall be distributed as follows:

 

 

(A)

 

Normal Form of Payment. Unless a Participant elects an optional form under 3.6(a)(2)(B), the Net Executive Restoration Benefit shall be paid in the form of a Single Life Annuity, as determined under section 3.2(b)(1), 3.3(b)(1), or 3.4(b)(1) (as applicable).

 

 

 

 

 

(B)

 

Optional Forms of Payment. In lieu of the Single Life Annuity described in section 3.6(a)(2)(A), a Participant may elect instead, at any time before his or her benefit commencement date and in a manner specified by the Committee, to receive his or her Net Executive Restoration Benefit in any one of the following forms of payment (each of which shall be the Actuarial Equivalent of the Single Life Annuity):

 

(i)

 

Joint and 50 Percent Survivor Annuity;

 

 

 

 

 

(ii)

 

Joint and 75 Percent Survivor Annuity;

 

 

 

 

 

(iii)

 

Joint and 100 Percent Survivor Annuity;

 

 

 

 

 

(iv)

 

Five-Year Certain and Life Annuity;

 

 

 

 

 

(v)

 

10-Year Certain and Life Annuity; or

 

 

 

 

 

(vi)

 

Level Income Annuity.

 

(b)

 

Net Executive SERP Benefit.

 

(1)

 

Normal Form of Payment. Except as provided in sections 3.6(b)(2) and 10.3, the portion of the Executive Benefit that is attributable to the Net Executive SERP Benefit shall be paid as follows:

 

 

(A)

 

Married Participant: If a Participant is married when the payment of his or her Executive Benefit commences under this Article 3, the Net Executive SERP Benefit (i.e., the monthly amount determined under section 3.2(b)(2), 3.3(b)(2), or 3.4(b)(2), as applicable) shall be paid in the form a Joint and 75 Percent Survivor Annuity, with the Participant’s spouse as his or her Beneficiary.

 

 

 

 

 

(B)

 

Unmarried Participant. If a Participant is not married when the payment of his or her Net Executive SERP Benefit commences under this Article 3, such benefit shall be paid in the form of a Ten-Year Certain and Life Annuity. This Ten-Year Certain and Life Annuity shall be the Actuarial Equivalent of the Joint and 75 Percent Survivor Annuity determined under section 3.2(b)(2), 3.3(b)(2), or 3.4(b)(2), as applicable (which shall be

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valued assuming that the Participant’s Beneficiary is the same age as the Participant).

 

(2)

 

Optional Form of Payment.

 

 

(A)

 

Three Equal Installments. A Participant may waive the normal form of payment specified under Section 3.6(b)(1) and elect instead to receive the Net Executive SERP Benefit in the form of three equal installments, with the first installment payable on the benefit commencement date determined under section 3.2(c), 3.3(c), or 3.4(c) (as applicable), the second installment payable six months after the payment of the first installment, and the third installment payable 12 months after the payment of the second installment.

 

 

 

 

 

 

 

The amount of these installments shall be determined as follows:

 

(i)

 

The Net Executive SERP Benefit determined under 3.2(b)(2), 3.3(b)(2), or 3.4(b)(2) (as applicable) shall first be converted from an amount payable as a Joint and 75 Percent Survivor Annuity into an equivalent lump sum using—

 

 

(I)

 

a mortality table, modified as appropriate by the Secretary of the Treasury, that is based on the mortality table specified for the Plan Year under Code section 430(h)(3) (but determined without regard to Code sections 430(h)(3)(C) and 430(h)(3)(D)); and

 

 

 

 

 

(II)

 

an interest rate equal to the first, second, and third tier segment rates applied under rules similar to the rules of Code section 430(h)(2)(C), and adjusted in the manner described in Code section 417(e)(3)(D), for the month of November immediately preceding the first day of the Plan Year in which the distribution occurs.

 

(ii)

 

The lump sum determined under section 3.6(b)(2)(A)(i) shall then be converted into an equivalent payment stream of three installments by applying the first tier segment rate described in section 3.6(b)(2)(A)(i)(II).

 

 

(B)

 

Limitation on Final Installment Payments. If the amount of the final (i.e., third) installment payments made on behalf of all Participants who are entitled to such final installment payments in any Plan Year would trigger settlement accounting for such Plan Year under Statement of Financial Accounting Standards No. 88 (or any successor to such statement), the amount actually paid in such Plan Year shall be limited to avoid the application of settlement accounting in the manner described below.

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(i)

 

The aggregate excess amount for the Plan Year is equal to (I) minus (II) where—

 

 

(I)

 

is the total of all final (i.e., third) installment payments due to Participants under this section 3.6(b)(2) for the Plan Year; and

 

 

 

 

 

(II)

 

is the total amount of all final (i.e., third) installment payments that could be made for such Plan Year without triggering settlement accounting for the Plan Year.

 

(ii)

 

The aggregate excess amount for the Plan Year (as determined under section 3.6(b)(2)(B)(i)) shall be allocated among the Participants who are otherwise entitled to their final installment payments in the Plan Year in proportion to the amount of each individual’s final installment payment.

 

 

(iii)

 

The installment payment actually made to each such Participant for the Plan Year shall equal the difference between (I) and (II) where—

 

(I)

 

is the installment payment the Participant would otherwise be entitled to for the Plan Year without regard to this section 3.6(b)(2)(B); and

 

 

 

 

 

(II)

 

is the Participant’s proportionate share of the aggregate excess amount determined under section 3.6(b)(2)(B)(ii).

 

 

(iv)

 

Each affected Participant will then receive an additional payment during the next following Plan Year equal to the amount by which his or her third installment payment was reduced under section 3.6(b)(2)(B)(iii), provided such payment would not itself trigger settlement accounting for such Plan Year under Statement of Financial Accounting Standards No. 88 (or any successor to such statement). If such payment would trigger settlement accounting, the Committee will continue to apply the procedures described in this section 3.6(b)(2)(B) until the Participant has received a complete distribution of his or her final payment.

 

(C)

 

Electing an Optional Form. An election of the optional form of payment described in this section 3.6(b)(2) must be made by the Participant at a time and in a manner prescribed by the Committee, but not later than June 30, 2008.

 

 

 

 

 

(D)

 

Death of the Participant after the Benefit Commencement Date. If a Participant who has elected the optional form of payment described in this section 3.6(b)(2) dies after the benefit commencement date specified in section 3.2(c), 3.3(c), or 3.4(c) (as applicable), but before receiving all

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three installments, the remaining installments shall be paid to the Participant’s Beneficiary at the same time as such installments would have been paid to the Participant.

3.7 Preretirement Death Benefits

(a)

 

Eligibility. If a Participant under this Article 3 dies before his or her benefit commencement date, but after attaining age 55 or completing five or more Years of Vesting Service as a Participant under this Article 3, the Participant’s surviving spouse shall be entitled to the preretirement death benefit determined under this section 3.7. (If a Participant dies before meeting the eligibility requirements described above, or if the Participant does not have a surviving spouse as of the benefit commencement date determined under this section, no benefits will be payable under this section 3.7.)

 

 

 

(b)

 

Net Executive Restoration Benefit. A surviving spouse who becomes entitled to a benefit under section 3.7(a) shall receive a preretirement death benefit attributable to the Participant’s Net Executive Restoration Benefit. The amount of such benefit shall be determined under subsection (b)(1). In addition, this benefit shall commence on the date determined under subsection (b)(2) and shall be paid in the form described in subsection (b)(3).

 

(1)

 

Benefit Amount. The preretirement death benefit attributable to the Participant’s Net Executive Restoration Benefit shall be a monthly benefit that is determined a


 
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