This excerpt taken from the CAH 8-K filed Sep 4, 2009.
CONTINUATION OF EMPLOYMENT
2.1 Continuation of Employment.
(a) Continuation of Employment. Except as otherwise provided on Schedule 2.1(a) of this Agreement or as required by applicable local Law, no later than immediately prior to July 1, 2009, Cardinal Health and its Affiliates have taken all actions necessary to ensure that, as of immediately prior to July 1, 2009, (i) all Employees of the CareFusion Business were employed by a member of the CareFusion Group and (ii) all Employees of the Cardinal Health Business were employed by a member of the Cardinal Health Group, subject to such adjustment as the Parties agree at any time through the Effective Time.
(b) Service Recognition. CareFusion shall give, or shall cause its Affiliates to give, each CareFusion Group Employee who is employed immediately following the Effective Time by a member of the CareFusion Group full credit for all purposes under any CareFusion Benefit Plan for such CareFusion Group Employees service with Cardinal Health or any of its Affiliates prior to the Effective Time in accordance with the Cardinal Health Service Credit Guidelines, or to the same extent such service was recognized by the corresponding Cardinal Health Benefit Plan immediately prior to the Effective Time; provided, however, that such service shall not be recognized to the extent that such recognition would result in the duplication of benefits or as otherwise provided by applicable local Law.
(c) No Severance.
(i) The Distribution and the assignment, transfer, or continuation of employment of any Employee of Cardinal Health or any of its Affiliates in connection therewith (including in accordance with Section 2.1(a) hereof) shall not be deemed a separation from service or termination of employment entitling such Employee to be eligible to participate in, or to receive payment of, severance benefits under any applicable Law, severance plan, policy, practice, or arrangement of Cardinal Health, CareFusion, or any of their respective Affiliates; provided, however, that any Employee of Cardinal Health or any of its Affiliates whose employment is not intended to be continued by Cardinal Health or any of its Affiliates following the Effective Time and is not assigned to a member of the CareFusion Group, and whose employment is terminated as of the Effective Time, shall be deemed to have incurred a separation from service and shall be eligible to receive severance and benefits as set forth in Section 7.3 of this Agreement.
(ii) Notwithstanding anything herein to the contrary, in the event any Employee of the Cardinal Health Business located outside of the U.S. or the CareFusion Business located outside of the U.S. (1) receives on or prior to the Effective Time, an offer of employment by a member of the Cardinal Health Group or the CareFusion Group, as applicable, with salary and wages and with employee benefits that are substantially comparable in the aggregate to those provided to such Employee by the Cardinal Health
Business or the CareFusion Business, as applicable, prior to Effective Time and (2) does not accept such comparable offer of employment, then such Employee shall not be eligible to receive any severance or benefits, unless such Employee is employed in one of the locations listed on Schedule 2.1(c)(ii) as required by applicable local Law.
(d) Labor Relations. To the extent required by applicable Law or any agreement with a labor union, works council or similar employee organization, Cardinal Health and CareFusion and their applicable Affiliates shall mutually cooperate to provide notice, engage in consultation and take any similar action which may be required on their part in respect of the workforce in connection with the Distribution either prior to, as of, or following the Effective Time.