This excerpt taken from the FE 10-Q filed Nov 7, 2008.
Plan” means, at any time, an employee pension benefit plan that is covered by Title IV of ERISA or subject to the minimum funding standards under Section 412 of the Code and is either (i) maintained by a member of the Controlled Group for employees of a member of the Controlled Group or (ii) maintained pursuant to a collective bargaining agreement or any other arrangement under which more than one employer makes contributions and to which a member of the Controlled Group is then making or accruing an obligation to make contributions or has within the preceding five plan years made contributions.
This excerpt taken from the FE 8-K filed Aug 2, 2007.
Plan means any pension plan as defined in Section 3(2) of ERISA, which is maintained or contributed to by (or to which there is an obligation to contribute of) the Lessee or an ERISA Affiliate of the Lessee or with respect to which the Lessee or an ERISA Affiliate of the Lessee would, under Section 4069 of ERISA, be an employer if such plan were to be terminated.
This excerpt taken from the FE DEF 14A filed Apr 2, 2007.
2.35 Plan means this FirstEnergy Corp. 2007 Incentive Plan, as it may be amended from time to time.