Common use of Additional Survivor Benefits Clause in Contracts

Additional Survivor Benefits. Upon Executive’s death, in addition to the lifetime benefits provided pursuant to paragraphs 4.7(vii)(c) and (d), Executive’s surviving spouse and children will be permitted to continue to use (in the proportions specified in Executive’s last will and testament or, if not so specified or if Executive dies intestate, in equal proportions) Executive’s Grandfathered Flight Benefits (but only in such amounts as were unused by Executive at the date of Executive’s death), which amounts shall be adjusted upon any change in the valuation methodology used by the Employers for imputed income for U.S. federal income tax purposes from flights so as to preserve (a) a benefit level for purchase of tickets on the UA System at least as favorable as the amount available at the date of Executive’s death and (b) a benefit level of tax gross up at least as favorable as the tax gross up benefit level available at the date of Executive’s death. Upon Executive’s death, the Employers shall issue UATP cards in the names of Executive’s surviving spouse and children, as applicable. In determining any adjustment pursuant to the first sentence of this paragraph 4.6(v), the Employers shall be entitled to rely on their good faith calculation as verified by their internal audit department or independent auditors, which calculation will be provided to the Executive’s surviving spouse and children upon request. The Employers will provide Executive’s surviving spouse and children with an annual statement specifying the survivor benefit and any adjustments described in this subparagraph. Executive’s spouse and children will provide, upon request, a calculation or other evidence of their respective marginal tax rates sufficient to permit the Employers to calculate accurately the amount of any Annual Gross Up Limit that is part of the Grandfathered Flight Benefits and which is to be paid to such individual. All rights, duties and obligations of Executive, and all rights, duties and obligations of the Employers, relating to Executive’s usage of Flight Benefits contained in this Agreement shall be applicable to usage of Executive’s Flight Benefits by Executive’s surviving spouse and children, and the provision of such Flight Benefits to Executive’s surviving spouse and children shall be conditioned upon written acknowledgement of and agreement thereto by Executive’s surviving spouse and children who may use such Flight Benefits.

Appears in 2 contracts

Samples: Employment Agreement, Employment Agreement (United Air Lines Inc)

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Additional Survivor Benefits. Upon Executive’s 's death, in addition to the lifetime benefits provided pursuant to paragraphs 4.7(vii)(c4.8(viii)(2)(c) and (d), Executive’s 's surviving spouse and children will be permitted to continue to use (in the proportions specified in Executive’s 's last will and testament or, if not so specified or if Executive dies intestate, in equal proportions) Executive’s 's Grandfathered Flight Benefits (but only in such amounts as were unused by Executive at the date of Executive’s 's death), which amounts shall be adjusted upon any change in the valuation methodology used by the Employers Company for imputed income for U.S. federal income tax purposes from flights so as to preserve (a) a benefit level for purchase of tickets on the UA CO System at least as favorable as the amount available at the date of Executive’s 's death and (b) a benefit level of tax gross up at least as favorable as the tax gross up benefit level available at the date of Executive’s 's death. Upon Executive’s 's death, the Employers Company shall issue UATP cards in the names of Executive’s 's surviving spouse and children, as applicable. In determining any adjustment pursuant to the first sentence of this paragraph 4.6(v4.7(v), the Employers Company shall be entitled to rely on their its good faith calculation as verified by their its internal audit department or independent auditors, which calculation will be provided to the Executive’s 's surviving spouse and children upon request. The Employers Company will provide Executive’s 's surviving spouse and children with an annual statement specifying the survivor benefit and any adjustments described in this subparagraph. Executive’s 's spouse and children will provideprovide to Company, upon request, a calculation or other evidence of their respective marginal tax rates sufficient to permit the Employers Company to calculate accurately the amount of any Annual Gross Up Limit that is part of the Grandfathered Flight Benefits and which is to be paid to such individual. All rights, duties and obligations of Executive, and all rights, duties and obligations of the EmployersCompany, relating to Executive’s 's usage of Flight Benefits contained in this Agreement shall be applicable to usage of Executive’s 's Flight Benefits by Executive’s 's surviving spouse and children, and the provision of such Flight Benefits to Executive’s 's surviving spouse and children shall be conditioned upon written acknowledgement of and agreement thereto by Executive’s 's surviving spouse and children who may use such Flight Benefits.

Appears in 2 contracts

Samples: Employment Agreement (Continental Airlines Inc /De/), Employment Agreement (Continental Airlines Inc /De/)

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Additional Survivor Benefits. Upon Executive’s 's death, in addition to the lifetime benefits provided pursuant to paragraphs 4.7(vii)(c4.8(ix)(c) and (d), Executive’s 's surviving spouse and children will be permitted to continue to use (in the proportions specified in Executive’s 's last will and testament or, if not so specified or if Executive dies intestate, in equal proportions) an additional travel limit that shall be granted annually on January 1 of each calendar year during the ten calendar year period beginning January 1st of the calendar year following Executive’s Grandfathered Flight Benefits 's death and ending on December 31st of the year of the tenth anniversary of the Executive's death (but only in such amounts as were unused by Executive at the date of Executive’s deathannual survivor benefit amount to be $15,000), which amounts annual amount shall be adjusted upon any change in the valuation methodology used by the Employers Company for imputed income from flights for U.S. federal income tax purposes from flights so as to preserve (a) a an annual benefit level for purchase of tickets on the UA CO System at least as favorable as the amount available at the date of Executive’s death and (b) a benefit level of tax gross up at least as favorable as the tax gross up benefit level available at the date of Executive’s deathin effect on January 1, 2008. Upon Executive’s 's death, the Employers Company shall issue UATP cards in the names of Executive’s 's surviving spouse and children, as applicable. In determining any adjustment pursuant to the first sentence of this paragraph 4.6(v)subparagraph, the Employers Company shall be entitled to rely on their its good faith calculation as verified by their its internal audit department or independent auditors, which calculation will be provided to the Executive’s 's surviving spouse and children upon request. The Employers Company will provide Executive’s 's surviving spouse and children with an annual statement specifying the survivor benefit and any adjustments described in this subparagraph. Executive’s spouse and children will provide, upon request, a calculation or other evidence of their respective marginal tax rates sufficient to permit the Employers to calculate accurately the amount of any Annual Gross Up Limit that is part Any portion of the Grandfathered Flight Benefits annual survivor benefit described in this subparagraph that remains unused at the end of the calendar year for which it was awarded shall terminate and which is to be paid to such individualof no further use or value. All rightsrestrictions, duties and obligations of Executive, and all rights, duties and obligations rights of the EmployersCompany, relating to Executive’s 's usage of Flight Benefits contained in this Agreement shall be applicable to usage of Executive’s 's Flight Benefits by Executive’s 's surviving spouse and children, and the provision of such Flight Benefits to Executive’s 's surviving spouse and children shall be conditioned upon written acknowledgement of and agreement thereto by Executive’s 's surviving spouse and children who may use such Flight Benefits.

Appears in 1 contract

Samples: Employment Agreement (Continental Airlines Inc /De/)

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