UPS » Topics » MISCELLANEOUS

These excerpts taken from the UPS 10-K filed Feb 27, 2009.

ARTICLE IX - MISCELLANEOUS

Section 9.1 Claims Procedure. Any claim for a benefit under this Plan shall be filed and resolved in accordance with the claims procedure provided under the Retirement Plan which is hereby incorporated in this Plan by reference, except that the Committee of this Plan shall be the entity with whom a claim for review should be filed under this Plan.

Section 9.2 No Guarantee of Employment. Nothing contained in this Plan shall be construed as a contract of employment between the Employer Company and any employee or Participant, as a right of any employee or Participant to be continued in the employment of the Employer Company, or as a limitation of the right of the Employer Company to discharge the employee or Participant with or without cause.

 

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Section 9.3 Nonalienation of Benefits. No benefit or payment under this Plan shall be subject in any manner to anticipation, alienation, sale, transfer, assignment, pledge, encumbrance, levy or charge, and any attempt so to anticipate, alienate, sell, transfer, assign, pledge, encumber or levy upon or charge the same shall be void except that benefits may be paid to an alternate payee under a domestic relations order that is treated as a qualified domestic relations order under the Retirement Plan. Notwithstanding this statement, if the Participant is indebted to UPS at any time when payments are required to be made under the provisions of this Plan, UPS shall have the right to reduce the amount of payments remaining to be made to the Participant or his/her spouse or beneficiary under the Plan to the extent of such indebtedness. An election by UPS not to reduce such payment shall not constitute a waiver of its claim for such indebtedness.

Section 9.4 ERISA. UPS intends that this Plan constitute an “excess benefit plan” as defined in Section 3(36) of ERISA and, therefore, be exempt from coverage under ERISA. However, to the extent this Plan does not constitute an “excess benefit plan”, UPS intends that this Plan come within the various exceptions and exemptions to ERISA for a plan maintained for a “select group of management or highly compensated employees” as described in Sections 201(2), 301(a) (3), and 401(a) (1) of ERISA. Any ambiguities in this Plan shall be construed to affect the intent as described in this Section.

Section 9.5 Construction. The headings and subheadings set forth in this Plan are intended for convenience only and have no substantive meaning whatsoever. In the construction of this Plan, the singular shall include the plural. This Plan shall be construed in accordance with the laws of the State of Georgia.

 

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Executed this 19th day of December 2008.

 

ATTEST:     UNITED PARCEL SERVICE OF AMERICA, INC.

/s/ Terri P. McClure

   

/s/ D. Scott Davis

Terri P. McClure     D. Scott Davis
Secretary     Chairman

 

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ARTICLE IX - MISCELLANEOUS

STYLE="margin-top:12px;margin-bottom:0px; text-indent:4%">Section 9.1 Claims Procedure. Any claim for a benefit under this Plan shall be filed and resolved in accordance with the claims procedure
provided under the Retirement Plan which is hereby incorporated in this Plan by reference, except that the Committee of this Plan shall be the entity with whom a claim for review should be filed under this Plan.

STYLE="margin-top:12px;margin-bottom:0px; text-indent:4%">Section 9.2 No Guarantee of Employment. Nothing contained in this Plan shall be construed as a contract of employment between the Employer
Company and any employee or Participant, as a right of any employee or Participant to be continued in the employment of the Employer Company, or as a limitation of the right of the Employer Company to discharge the employee or Participant with or
without cause.

 


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Section 9.3 Nonalienation of Benefits. No benefit or payment under this Plan shall be subject
in any manner to anticipation, alienation, sale, transfer, assignment, pledge, encumbrance, levy or charge, and any attempt so to anticipate, alienate, sell, transfer, assign, pledge, encumber or levy upon or charge the same shall be void except
that benefits may be paid to an alternate payee under a domestic relations order that is treated as a qualified domestic relations order under the Retirement Plan. Notwithstanding this statement, if the Participant is indebted to UPS at any time
when payments are required to be made under the provisions of this Plan, UPS shall have the right to reduce the amount of payments remaining to be made to the Participant or his/her spouse or beneficiary under the Plan to the extent of such
indebtedness. An election by UPS not to reduce such payment shall not constitute a waiver of its claim for such indebtedness.

SIZE="2">Section 9.4 ERISA. UPS intends that this Plan constitute an “excess benefit plan” as defined in Section 3(36) of ERISA and, therefore, be exempt from coverage under ERISA. However, to the extent this Plan does not
constitute an “excess benefit plan”, UPS intends that this Plan come within the various exceptions and exemptions to ERISA for a plan maintained for a “select group of management or highly compensated employees” as described in
Sections 201(2), 301(a) (3), and 401(a) (1) of ERISA. Any ambiguities in this Plan shall be construed to affect the intent as described in this Section.

FACE="Times New Roman" SIZE="2">Section 9.5 Construction. The headings and subheadings set forth in this Plan are intended for convenience only and have no substantive meaning whatsoever. In the construction of this Plan, the singular
shall include the plural. This Plan shall be construed in accordance with the laws of the State of Georgia.

 


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Executed this 19FACE="Times New Roman" SIZE="1">th day of December 2008.

 






































ATTEST:  UNITED PARCEL SERVICE OF AMERICA, INC.

/s/ Terri P. McClure

  

/s/ D. Scott Davis

Terri P. McClure  D. Scott Davis
Secretary  Chairman

 


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These excerpts taken from the UPS 10-K filed Mar 14, 2006.

MISCELLANEOUS

 

Section 7.1. General. The provisions of Article VII (Amendment, Modification and Termination; Merger), Article VIII (Investments), Article IX (Administrative Committee), as modified by Section 9.4 below, Article X (General Provisions) (other than Section 10.12, Former Rollins Employees), and Article XI (Top-Heavy Provisions) shall apply to Motor Cargo Participants and the benefits accrued under this Appendix K.

 

MISCELLANEOUS

 

Section 13.1. General. The provisions of Article VII (Amendment, Modification and Termination; Merger), Article VIII (Investments), Article IX (Administrative Committee), Article X (General Provisions) (other than Section 10.12 (Former Rollins Employees), and Article XI (Top-Heavy Provisions) of the main text of the Plan shall apply to Overnite Participants and the benefits accrued under this Appendix J.

 

ARTICLE XII

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