DIS » Topics » 6.6 Additional Retirement Income

These excerpts taken from the DIS 10-K filed Nov 20, 2008.

6.4 Additional Retirement Income

If a Participant has a Payment Event and then accrues additional vested Retirement Income under the Plan, the additional vested Retirement Income shall be payable to the Participant as described in this Plan section. The time and form of payment for any additional Retirement Income that is payable under this section shall be determined in accordance with the terms of subsections (a) and (b) as follows:

 

(a) Continued Employment After Change in Control. To the extent a Participant is entitled to additional Retirement Income following a Change in Control (on or after January 1, 2009) as a result of continued employment with an Employer, the Participant’s additional Retirement Income shall be paid to him at the time of payment specified under Plan section 5.2 in the form of payment determined under Plan section 5.3.

 

(b) Post-Separation Accruals and Reemployment. If a Participant is entitled to additional Retirement Income following a Payment Event due to receiving post-Separation from Service accruals or additional Retirement Income as a result of either:

 

  (1) Becoming reemployed as an Employee of an Employer (or reemployed by an Affiliate and later transfers employment to an Employer) after his Separation from Service (or his termination pursuant to the BEP Part I), or

 

  (2) Increasing the level of bona fide service he provides as an Employee of an Employer following a Separation from Service, such that he may have a subsequent Separation from Service,

the Participant’s Benefit Calculation Date (and Payment Date) for such additional Retirement Income shall be January 1 of the calendar year following the calendar year in which such additional Retirement Income accrues. The last payment of Retirement Income under this subsection shall occur on January 1 of the calendar year following the calendar year in which the Participant ceases accruing additional Retirement Income. It is intended that the additional Retirement Income that becomes payable under this subsection shall not constitute a deferral of compensation for purposes of Code section 409 because the additional Retirement Income will be paid under the short-term deferral rule of Treasury Regulations section 1.409A-1(b)(4).

6.6 Additional Retirement Income

If a Participant has a Payment Event and then accrues additional vested Retirement Income under the Plan, the additional vested Retirement Income shall be payable to the Participant as described in this Plan section. The time and form of payment for any additional Retirement Income that is payable shall be determined in accordance with the terms of subsections (a) and (b) as follows:

 

(a) Continued Employment After Change in Control. To the extent a Participant is entitled to additional Retirement Income following a Change in Control as a result of continued employment with an Employer, the Participant’s additional Retirement Income shall be paid to him at the time of payment specified under Plan section 5.2 in the form of payment determined under Plan section 5.3.

 

(b) Post-Separation Accruals and Reemployment. If a Participant is entitled to additional Retirement Income following a Payment Event due to receiving post-Separation from Service accruals or additional Retirement Income as a result of either:

 

  (1) Becoming reemployed as an Employee of an Employer (or reemployed by an Affiliate and later transfers employment to an Employer) after his Separation from Service (or his termination pursuant to the Key Plan Part I), or

 

  (2) Increasing the level of bona fide service he provides as an Employee of an Employer following a Separation from Service, such that he may have a subsequent Separation from Service,

the Participant’s Benefit Calculation Date (and Payment Date) for such additional Retirement Income shall be January 1 of the calendar year following the calendar year in which such additional Retirement Income accrues. The last payment of Retirement Income under this subsection shall occur on January 1 of the calendar year following the calendar year in which the Participant ceases accruing additional Retirement Income. It is intended that the additional Retirement Income that becomes payable under this subsection shall not constitute a deferral of compensation for purposes of Code section 409 because the additional Retirement Income will be paid under the short-term deferral rule of Treasury Regulations section 1.409A-1(b)(4).

6.4 Additional Retirement Income

If a Participant has a Payment
Event and then accrues additional vested Retirement Income under the Plan, the additional vested Retirement Income shall be payable to the Participant as described in this Plan section. The time and form of payment for any additional Retirement
Income that is payable under this section shall be determined in accordance with the terms of subsections (a) and (b) as follows:

 





(a)Continued Employment After Change in Control. To the extent a Participant is entitled to additional Retirement Income following a Change in Control (on or after
January 1, 2009) as a result of continued employment with an Employer, the Participant’s additional Retirement Income shall be paid to him at the time of payment specified under Plan section 5.2 in the form of payment determined under
Plan section 5.3.

 





(b)Post-Separation Accruals and Reemployment. If a Participant is entitled to additional Retirement Income following a Payment Event due to receiving post-Separation from
Service accruals or additional Retirement Income as a result of either:

 






 (1)Becoming reemployed as an Employee of an Employer (or reemployed by an Affiliate and later transfers employment to an Employer) after his Separation from Service (or his termination
pursuant to the BEP Part I), or

 






 (2)Increasing the level of bona fide service he provides as an Employee of an Employer following a Separation from Service, such that he may have a subsequent Separation from Service,

the Participant’s Benefit Calculation Date (and Payment Date) for such additional Retirement Income shall be
January 1 of the calendar year following the calendar year in which such additional Retirement Income accrues. The last payment of Retirement Income under this subsection shall occur on January 1 of the calendar year following the calendar
year in which the Participant ceases accruing additional Retirement Income. It is intended that the additional Retirement Income that becomes payable under this subsection shall not constitute a deferral of compensation for purposes of Code
section 409 because the additional Retirement Income will be paid under the short-term deferral rule of Treasury Regulations section 1.409A-1(b)(4).

SIZE="2">6.5 Permissible Delays or Accelerations

If the Company or Committee determines that a delay or an acceleration of a Participant’s
Retirement Income is permitted or required by Code section 409A and related Treasury Regulations (e.g., a delay to comply with Code section 162(m) or an acceleration to pay employment taxes), the Company or the Committee may either
delay or accelerate the

 


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payment of a Participant’s Retirement Income in accordance with the terms of Code section 409A and related Treasury Regulations in its sole
discretion as it deems advisable.

 


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EXCERPTS ON THIS PAGE:

10-K (3 sections)
Nov 20, 2008
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