This excerpt taken from the DUK 8-K filed Sep 2, 2008.
5.1 General Rule. Unless the Committee provides otherwise for a particular Participant at the time the Participant initially becomes eligible to participate in the Plan or at the time of an award of a particular Supplemental Credit (and any Interest Credits thereto), a Participant will become fully vested in the Participants Make-Whole Account and the Participants Supplemental Account, if any, when (i) the Participant becomes vested under the Retirement Cash Balance Plan, or (ii) the Participants employment with the Company terminates on account of the Participants death or the Participant having become Disabled, as defined in the Retirement Cash Balance Plan. If a Participants employment with the Company terminates and the Participant is not fully vested, the unvested portion of the Participants Make-Whole Account and of the Participants Supplemental Account, if any, shall be immediately forfeited and no benefit under the Plan shall be paid with respect thereto.
5.2 Prior Supplemental Credits. Notwithstanding the foregoing, any one-time Supplemental Credit to a Participants Supplemental Account that is made in recognition of the December 31, 1998 discontinuance of supplemental pay credit, and any Interest Credits thereon, shall not vest, and shall be forfeited if the Participants employment with the Company terminates before January 1, 2004, unless such employment termination is on account of the Participants retirement under the Retirement Cash Balance Plan, death, or the Participant having become Disabled, as defined in the Retirement Cash Balance Plan, or unless such employment termination is by the Company other than for cause. The Company shall have cause to terminate the Participants employment upon (a) the willful and continued failure by the Participant to substantially perform his employment duties (other than any such failure resulting from the Participants incapacity due to physical or mental illness) after demand for substantial performance is delivered by the Company, specifically identifying the manner in which the Company believes the Participant has not substantially performed his duties, or (b) the willful engaging by the Participant in misconduct which is materially injurious to the Company, monetarily or otherwise. For purposes of this Section, no act, or failure to act, on the
Participants part shall be considered willful unless done, or omitted to be done, by him not in good faith and without reasonable belief that his action or omission was in the best interest of the Company.
5.3 Change in Control. In the event of a Change in Control, all Participant accounts under the Plan shall become fully and immediately vested and non-forfeitable and shall thereafter be maintained and paid in accordance with the terms of this Plan.