Benefit Restoration Plan. 2 COBRA ..................................................................................... 2 CODE ...................................................................................... 2
Benefit Restoration Plan. Benefit Restoration Plan," when immediately preceded by "REI," means the Reliant Energy, Incorporated Benefit Restoration Plan, as established effective June 1, 1985 and thereafter amended from time to time. When immediately preceded by "Resources," "Benefit Restoration Plan" means the frozen Resources Benefit Restoration Plan to be established by Resources pursuant to Sections 2.03 and 5.03.
Benefit Restoration Plan. Effective as of March 1, 2001, employees of the members of the Resources Group shall no longer accrue benefits under the REI Benefit Restoration Plan. Effective as of March 1, 2001, or such other date as REI and Resources may mutually agree, Resources shall establish a frozen Resources Benefit Restoration Plan which shall be substantially comparable to the REI Benefit Restoration Plan. As of March 1, 2001, Resources shall assume all Liabilities to or relating to the Resources Employees under the REI Benefit Restoration Plan (except Liabilities under the REI Benefit Restoration Plan associated with the transition benefit described in Section 3.01); provided, however, that REI shall transfer a cash amount equal to the cost of such Liabilities transferred to Resources as soon as practicable following the Distribution Date or such other date as REI and Resources may mutually agree. Also, as of March 1, 2001, Resources shall assume all Liabilities under the REI Benefit Restoration Plan associated with the transition benefit described in Section 3.01; provided, however, that REI shall transfer a cash amount equal to two-thirds (2/3) of the cost of such Liabilities transferred to Resources as soon as practicable following the Distribution Date or such other date as REI and Resources may mutually agree. As of Marcx 0, 0000, XXX xxxll assume all Liabilities to or relating to the Resources Retired Employees under the REI Benefit Restoration Plan; provided, however that Resources shall irrevocably and unconditionally guarantee, in the event that REI becomes insolvent, the due and punctual payment and satisfaction, when and as due, of all Liabilities relating to the REI Benefit Restoration Plan for all persons who have the status of retirees under the REI Benefit Restoration Plan as of the Distribution Date or such other date as REI and Resources may mutually agree. For purposes of this Section 5.03(a), the Liabilities under the REI Benefit Restoration Plan include any supplemental pension benefits provided under an employment, severance or supplemental pension agreement with (i) an employee of any member of the Resources Group and (ii) any person who has the status of a retiree under the REI Benefit Restoration Plan as of the Distribution Date.
Benefit Restoration Plan. The Executive shall be entitled to participate in the Company’s Benefit Restoration Plan (the “BRP”) pursuant to its terms and conditions. For purposes of benefit accrual under the BRP only (and not vesting), the Executive (i) has been credited with two years of service for every one year of service completed during his first five full years of service with the Company from his date of hire, and (ii) shall earn one year of service for each completed year of service after his completion of the first five full years of service with the Company. The Executive’s accrued benefit under the BRP, as modified by this Section 5, is fully vested.
Benefit Restoration Plan. Benefits pursuant to the Company’s Benefit Restoration Plan in which Executive is a participant in an amount not less than the amount that Executive would have been entitled to receive pursuant to the Retirement Plan and the Benefit Restoration Plan (i) if Executive were fully vested in his Retirement Plan benefits and (ii) had Executive remained an employee of the Company or its Affiliates throughout the three-year period following the date of the Change in Control (provided, however, that in no event shall this clause (ii) cause Executive to have more than 35 years of service for purposes of the Benefit Restoration Plan). If Executive’s Retirement Plan benefit is pursuant to the cash balance formula, his annual compensation for each of the three years following the Change in Control shall be based on his Compensation. The Company agrees to amend the Benefit Restoration Plan to the extent necessary to provide for the payment of this benefit, which shall be offset by, and not in addition to, any benefit actually payable pursuant to the qualified Retirement Plan. Such benefit shall be paid in accordance with the terms and conditions of the Benefit Restoration Plan.
Benefit Restoration Plan. The Executive's vested interest under the Benefit Restoration Plan shall be paid following the Effective Date in accordance with the terms of that plan and at such time or times as may be required thereunder.
Benefit Restoration Plan. Benefits pursuant to the Company’s Benefit Restoration Plan in which Executive is a participant in an amount not less than the amount that Executive would have been entitled to receive pursuant to the Retirement Plan and the Benefit Restoration Plan (i) if Executive were fully vested in his Retirement Plan benefits and (ii) had Executive remained an employee of the Company or its Affiliates throughout the [two] [three]-year period following the date of the Change in Control (provided, however, that in no event shall this clause (ii) cause Executive to have more than 35 years of service for purposes of the Benefit Restoration Plan). If Executive’s Retirement Plan benefit is pursuant to the cash balance formula, his annual compensation for each of the [two] [three] years following the Change in Control shall be based on his Compensation. The Company agrees to amend the Benefit Restoration Plan to the extent necessary to provide for the payment of this benefit, which shall be offset by, and not in addition to, any benefit actually payable pursuant to the qualified Retirement Plan. Such benefit shall be paid in accordance with the terms and conditions of the Benefit Restoration Plan.
Benefit Restoration Plan. For purposes of determining the amount of Executive's supplemental pension benefit under the Circuit City Stores, Inc. Benefit Restoration Plan ("Restoration Plan"), Executive shall be imputed an additional five years of age and five years of Benefit Service as of the Retirement Date, with the estimated effects set forth in a letter, dated December 21, 2005, from Mxxxxx Human Resource Consulting, a copy of which has been provided to Executive. This imputed age and Benefit Service is consideration for a release by Executive in the form of Exhibit A, effective as of February 28, 2006.
Benefit Restoration Plan. Xx. XxXxxxxx’x right to benefits under the Koppers Holdings Inc. Benefit Restoration Plan shall be determined solely by reference to the terms and conditions set forth therein and nothing contained herein is intended to or shall increase or decrease the benefits otherwise payable to Xx. XxXxxxxx thereunder.
Benefit Restoration Plan. The Executive shall be entitled to participate in the Company’s Benefit Restoration Plan (the “BRP”) pursuant to its terms and conditions (or shall be provided with a benefit with an economically equivalent value); provided, however, that for purposes of benefit accrual under the BRP only (and not vesting), the Executive shall earn two years of service for every one year of service completed during his first five full years of service with the Company from his date of hire (thereafter the Executive shall earn only one year of service for each completed year of service) and provided, further, that upon his completion of five full years of service with the Company from his date of hire, the Executive shall be fully vested in the amount of his accrued benefit under the BRP (or economically equivalent benefit) (in either case, determined based on his years of service with the Company as modified by this Section 5).