Separation from Service. Notwithstanding anything in this Plan to the contrary, and notwithstanding any election that has been made by a Participant under [Section 5.2(a) or 5.2(b)])], above, if a Participant has elected a Scheduled Withdrawal Date on a date certain pursuant to [Section 5.2(a)(i)], above, with respect to a Plan Year Account, and such Participant experiences a separation from service from the Company, as defined in [Section 5.3], below, before distribution in respect of his or her Plan Year Account having such a Scheduled Withdrawal Date has begun, then the balance of the Participant’s vested Plan Year Account associated with such Scheduled Withdrawal Date shall be paid in a lump sum distribution as soon as administratively practicable following such separation from service, in an amount equal to the balance credited to such Account as of the last day of the month of termination. Notwithstanding the foregoing, a Plan Year Account that has become payable in installments prior to the date of a Participant’s separation from service pursuant to an election under [Section 5.2(b)(ii)] shall continue to be so paid.
Separation from Service. The phrases “termination of employment,” “separation from service,” and similar phrases as used in this Plan shall refer to separation from service within the meaning of the Regulations, determined by reference to the presumptive rule of Treasury Reg. § 1.409A-1(h)(l)(ii) (under which a reasonable expectation of a permanent reduction in the level of service to no more than 20% of the average level during the prior 36-month or other applicable period is presumed to result in a separation from service), and determined by treating the Company and all Subsidiaries as single Employer.
Separation from Service. Upon a Participant’s Separation from Service, a lump sum payment shall be made to the Participant within the 90-day period beginning on the fifteenth (15th) day of the month following the end of the month in which such event occurs, in an amount equal to the balance credited to the Participant’s Accounts as of the last day of the month in which such event occurs.
Separation from Service. Termination of employment with the Corporation or a Subsidiary. A Separation from Service will be deemed to have occurred if the Employee’s services with the Corporation or a Subsidiary is reduced to an annual rate that is 20 percent or less of the services rendered, on average, during the immediately preceding three years of employment (or if employed less than three years, such lesser period). The Committee shall have the power to promulgate Committee Rules and other guidelines in connection with the determination of a Separation from Service and any such determination by the Committee shall be final and conclusive as to all Eligible Employees and other persons claiming rights under the Plan.
“Separation from Service”. Notwithstanding anything in this Agreement to the contrary, if you are a “specified employee” (within the meaning of Section 409A of the U.S. Internal Revenue Code (the “Code”)) and any payment made pursuant to this Agreement is considered to be a “deferral of compensation” (as such phrase is defined for purposes of Section 409A of the Code) that is payable upon your “separation from service” (within the meaning of Section 409A of the Code), then the payment date for such payment will be the date that is the first (1st) day of the seventh (7th) month after the date of your “separation from service” with the Company (determined in accordance with Section 409A of the Code) or your earlier death. In addition, if the event triggering your right to benefits or payments hereunder is your termination of employment, but such termination of employment does not constitute a “separation from service” with the Company within the meaning of Section 409A of the Code, then the benefits or payments hereunder payable by reason of such termination of employment that are considered to be a “deferral of compensation” under Section 409A of the Code will not be paid upon such termination of employment, but instead, will remain an obligation of the Company to you and will be paid or provided to you upon the first to occur of: # your “separation from service” (within the meaning of Section 409A of the Code) (any amount payable upon such “separation from service” being subject to the first sentence of this Section 10); # a “change of control” of the Company (within the meaning of Section 409A of the Code); or # your death.
Separation from Service. The Participant’s separation from service with the Employer and all Affiliated Entities, within the meaning of Code Section 409A.
Separation from Service. The Participant's Separation from Service; provided, however, that if the Participant is a [Section 409A] Specified Employee as of the date of his or her Separation from Service and any of the Company's Stock is publicly traded on an established securities market or otherwise, the Company shall withhold payment of any [Section 409A] Award deferral that becomes payable to such [Section 409A] Specified Employee on account of his or her Separation from Service until the first day of the seventh (7th) month following such Separation from Service or, if earlier, the date of his or her death. In the case of installments, this delay shall not affect the timing of any installment otherwise payable after the six-month delay period;
Separation from Service. Separation from Service means the termination of an Eligible Employees employment with the Company and its Subsidiaries, provided such termination also constitutes a separation from service under Section 409A of the Code.
Termination as Separation from Service. A termination of employment shall not be deemed to have occurred for purposes of any provision of this Agreement providing for the payment of any amounts or benefits subject to Section 409A upon or following a termination of employment unless such termination is also a “separation from service” within the meaning of [Section 409A], and for purposes of any such provision of this Agreement, references to a “resignation,” “termination,” “terminate,” “termination of employment” or like terms shall mean separation from service.
Separation from Service of Participants. Nothing in this Plan shall be deemed to entitle a Participant to continued employment with the Corporation and its Subsidiaries and the rights of the Corporation to separate a Participant from service shall continue as fully as though this Plan were not in effect, provided that any Qualified Termination of Employment shall entitle the Participant to the benefits herein provided. In addition, nothing in this Plan shall be deemed to entitle a Participant under this Plan to any rights, or to payments under this Plan, with respect to any plan in which the Participant was not a participant prior to a Qualified Termination of Employment.
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