These excerpts taken from the HBI 8-K filed Sep 5, 2006.
2.6 Total Disability
During the Elimination Period and during the first twenty-four (24) months thereafter, a Covered Employee shall be deemed Totally Disabled if, due to sickness or bodily injury, he or she is unable to perform each and all of the material duties pertaining to his or her occupation, and is not engaged in any occupation or employment for wage or profit for which he or she is reasonably qualified by education, training or experience. This means the Covered Employee can perform one or more, but not all, of the material duties of his or her position or a similar position available to him or her with the Covered Employer. The term material duty means a duty or responsibility that is designated as a key job element, essential function, specific responsibility or major responsibility in a job or position description applicable to the Covered Employees job or similar job of the Covered Employee. After the expiration of the Elimination Period and the first twenty-four (24) months thereafter, as described above, Total Disability means the continuous inability of the Covered Employee, due to sickness or bodily injury, to engage in each and every occupation or employment for wage or profit that he or she is reasonably qualified to do or may become reasonably qualified to do by education, training or experience; and from which occupation or employment the Covered Employee may be expected to receive a monthly rate of income or earnings in an amount equal to at least eighty (80) percent of his or her Monthly Compensation, as defined in subsection 2.12. For purposes of the preceding sentence, disability from each and every occupation or employment shall be determined without regard to (i) whether such occupation or employment exists in the
geographic area in which the Covered Employee resides, (ii) whether a specific vacancy in such occupation or employment exists, (iii) whether a Covered Employee is likely to be hired if he or she applied for such occupation or employment, and (iv) whether the earnings of such occupation or employment are comparable to those earned by a Covered Employee before his or her disability, provided that such earnings equal at least eighty (80) percent of his or her pre-disability earnings.
2.39 Total Disability
Total Disability means total disability, as defined in the Pension Plan. A Totally Disabled Participant means a Participant who is subject to a Total Disability.