Common use of DEFINITION OF HOUR OF EMPLOYMENT Clause in Contracts

DEFINITION OF HOUR OF EMPLOYMENT. An Hour of Employment for purposes of the Plan shall be each hour (1) for which an Employee is either directly or indirectly paid or entitled to payment by the Affiliated Employer for the performance of duties; (2) for which an Employee is either directly or indirectly paid or entitled to payment by the Affiliated Employer on account of a period of time during which no duties are performed (irrespective of whether the employment relationship has terminated) due to vacation, holiday, illness, incapacity (including Disability), layoff, jury duty, military duty or leave of absence; or (3) for which back pay, irrespective of mitigation of damages, is either awarded or agreed to by the Affiliated Employer; provided, however, that the same Hours of Employment shall not be credited both under clause (1) or clause (2) and this clause (3). Solely for purposes of clause (2) of the preceding sentence, (1) no more than 501 Hours of Employment shall be credited to an Employee on account of any single continuous period during which the Employee performs no duties (whether or not such period occurs in a single computation period); (2) Hours of Employment shall not be credited if payment therefor is made or due under a plan maintained solely for the purpose of complying with applicable workmen's compensation, or unemployment compensation or disability insurance laws; and (3) Hours of Employment shall not be credited for a payment which solely reimburses an Employee for medical or medically-related expenses incurred by the Employee. The number of Hours of Employment to be credited with respect to a payment which is made or due on account of a period during which an Employee performs no duties shall be determined with reference to whether or not a payment is calculated on the basis of units of time. Except as otherwise provided below, with respect to such a payment made or due which is calculated on the basis of units of time, the number of Hours of Employment to be credited shall be the number of regularly scheduled hours included in the units of time on the basis of which payment is calculated. With respect to a payment made or due which is not calculated on the basis of units of time, the number of Hours of Employment to be credited shall be equal to the amount of the payment divided by the Employee's most recent hourly rate of compensation before the period during which no duties are performed. For purposes of the preceding sentence, (1) if an Employee's compensation is determined on the basis of an hourly rate, such hourly rate shall be the Employee's most recent hourly rate of compensation, (2) if an Employee's compensation is determined on the basis of a fixed rate for specified periods of time other than hours, the Employee's hourly rate of compensation shall be the Employee's most recent rate of compensation for a specified period of time divided by the number of hours regularly scheduled for the performance of duties during such period of time and (3) if an Employee's compensation is not determined on the basis of a fixed rate for specified periods of time, then the Employee's hourly rate of compensation shall be the lowest hourly rate of compensation paid to employees in the same job classification as that of the Employee or, if no employees in the same job classification have the same hourly rate, the minimum wage as established from time to time under section 6(a)(1) of the Fair Labor Standards Act of 1938, as amended. Notwithstanding the above, an Employee shall not be credited on account of a period during which no duties are performed with a number of Hours of Employment which is greater than the number of hours regularly scheduled for the performance of duties during such period. For purposes of this paragraph, an Employee without a regular work schedule shall be deemed to regularly work a 40-hour week, 8-hour day, or such other representative period (determined by the Committee and announced to employees) which reflects the average hours worked by the employee, or by other employees in the same job classification, provided the method used to calculate the average number of hours worked during such period is consistently applied with respect to all Employees within the same reasonably defined job classifications.

DEFINITION OF HOUR OF EMPLOYMENT. An Hour of Employment for purposes of the Plan shall be each hour (1a) for which an Employee is either directly or indirectly paid or entitled to payment by the Affiliated Employer for the performance of duties; (2b) for which an Employee is either directly or indirectly paid or entitled to payment by the Affiliated Employer on account of a period of time during which no duties are performed (irrespective of whether the employment relationship has terminated) due to vacation, holiday, illness, incapacity (including Disability), layoff, jury duty, military duty or leave of absence; or (3c) for which back pay, irrespective of mitigation of damages, is either awarded or agreed to by the Affiliated Employer; provided, however, that the same Hours of Employment shall not be credited both under clause (1a) or clause (2b) and this clause (3c). Solely for purposes of clause (2b) of the preceding sentence, (1) no more than 501 Hours of Employment shall be credited to an Employee on account of any single continuous period during which the Employee performs no duties (whether or not such period occurs in a single computation period); (2) Hours of Employment shall not be credited if payment therefor is made or due under a plan maintained solely for the purpose of complying with applicable workmen's compensation, or unemployment compensation or disability insurance laws; and (3) Hours of Employment shall not be credited for a payment which solely reimburses an Employee for medical or medically-related expenses incurred by the Employee. The number of Hours of Employment to be credited with respect to a payment which is made or due on account of a period during which an Employee performs no duties shall be determined with reference to whether or not a payment is calculated on the basis of units of time. Except as otherwise provided below, with respect to such a payment made or due which is calculated on the basis of units of time, the number of Hours of Employment to be credited shall be the number of regularly scheduled hours included in the units of time on the basis of which payment is calculated. With respect to a payment made or due which is not calculated on the basis of units of time, the number of Hours of Employment to be credited shall be equal to the amount of the payment divided by the Employee's most recent hourly rate of compensation before the period during which no duties are performed. For purposes of the preceding sentence, (1a) if an Employee's compensation is determined on the basis of an hourly rate, such hourly rate shall be the Employee's most recent hourly rate of compensation, (2b) if an Employee's compensation is determined on the basis of a fixed rate for specified periods of time other than hours, the Employee's hourly rate of compensation shall be the Employee's most recent rate of compensation for a specified period of time divided by the number of hours regularly scheduled for the performance of duties during such period of time and (3c) if an Employee's compensation is not determined on the basis of a fixed rate for specified periods of time, then the Employee's hourly rate of compensation shall be the lowest hourly rate of compensation paid to employees in the same job classification as that of the Employee or, if no employees in the same job classification have the same hourly rate, the minimum wage as established from time to time under section 6(a)(1) of the Fair Labor Standards Act of 1938, as amended. Notwithstanding the above, an Employee shall not be credited on account of a period during which no duties are performed with a number of Hours of Employment which is greater than the number of hours regularly scheduled for the performance of duties during such period. For purposes of this paragraph, an Employee without a regular work schedule shall be deemed to regularly work a 40-hour week, 8eight-hour day, or such other representative period (determined by the Committee and announced to employees) which reflects the average hours worked by the employee, or by other employees in the same job classification, provided the method used to calculate the average number of hours worked during such period is consistently applied with respect to all Employees within the same reasonably defined job classifications. Except as otherwise provided below, Hours of Employment shall be credited to the above-described computation period(s) in which duties are performed. With respect to Hours of Employment for which an Employee is either directly or indirectly paid or entitled to payment by an Employer on account of a period of time during which no duties are performed, (a) hours of service credited to the Employee on account of a payment which is calculated on the basis of units of time shall be credited to the computation period or periods in which the period during which no duties are performed occurs, beginning with the first unit of time to which the payment relates; and (b) Hours of Employment credited to an Employee by reason of a payment which is not calculated on the basis of units of time shall be credited to the computation period in which the period during which no duties are performed occurs, or if the period during which no duties are performed extends beyond one computation period, such Hours of Employment shall be allocated between not more than the first two computation periods on any reasonable basis which is consistently applied with respect to all employees within the same reasonably defined job classifications. Hours of Employment for which back pay, irrespective of mitigation of damages, is either awarded or agreed to by the Employer shall be credited to the computation period or periods to which the award or agreement for back pay pertains, rather than to the computation period in which the award, agreement or payment is made. For purposes of this paragraph, if Hours of Employment are to be credited to an Employee in connection with a period of no more than 31 days which extends beyond one computation period, all such hours may be credited to the first or second computation period provided all Employees within the same reasonably defined job classifications are consistently treated similarly.

DEFINITION OF HOUR OF EMPLOYMENT. An Hour of Employment for purposes of the Plan shall be each hour (1a) for which an Employee is either directly or indirectly paid or entitled to payment by the Affiliated Employer for the performance of duties; (2b) for which an Employee is either directly or indirectly paid or entitled to payment by the Affiliated Employer on account of a period of time during which no duties are performed (irrespective of whether the employment relationship has terminated) due to vacation, holiday, illness, incapacity (including Disability), layoff, jury duty, military duty or leave of absence; or (3c) for which back pay, irrespective of mitigation of damages, is either awarded or agreed to by the Affiliated Employer; provided, however, that the same Hours of Employment shall not be credited both under clause (1a) or clause (2b) and this clause (3c). Solely for purposes of clause (2b) of the preceding sentence, (1) no more than 501 Hours of Employment shall be credited to an Employee on account of any single continuous period during which the Employee performs no duties (whether or not such period occurs in a single computation period); (2) Hours of Employment shall not be credited if payment therefor is made or due under a plan maintained solely for the purpose of complying with applicable workmen's ’s compensation, or unemployment compensation or disability insurance laws; and (3) Hours of Employment shall not be credited for a payment which solely reimburses an Employee for medical or medically-related expenses incurred by the Employee. The number of Hours of Employment to be credited with respect to a payment which is made or due on account of a period during which an Employee performs no duties shall be determined with reference to whether or not a payment is calculated on the basis of units of time. Except as otherwise provided below, with respect to such a payment made or due which is calculated on the basis of units of time, the number of Hours of Employment to be credited shall be the number of regularly scheduled hours included in the units of time on the basis of which payment is calculated. With respect to a payment made or due which is not calculated on the basis of units of time, the number of Hours of Employment to be credited shall be equal to the amount of the payment divided by the Employee's ’s most recent hourly rate of compensation before the period during which no duties are performed. For purposes of the preceding sentence, (1a) if an Employee's ’s compensation is determined on the basis of an hourly rate, such hourly rate shall be the Employee's ’s most recent hourly rate of compensation, (2b) if an Employee's ’s compensation is determined on the basis of a fixed rate for specified periods of time other than hours, the Employee's ’s hourly rate of compensation shall be the Employee's ’s most recent rate of compensation for a specified period of time divided by the number of hours regularly scheduled for the performance of duties during such period of time and (3c) if an Employee's ’s compensation is not determined on the basis of a fixed rate for specified periods of time, then the Employee's ’s hourly rate of compensation shall be the lowest hourly rate of compensation paid to employees in the same job classification as that of the Employee or, if no employees in the same job classification have the same hourly rate, the minimum wage as established from time to time under section 6(a)(1) of the Fair Labor Standards Act of 1938, as amended. Notwithstanding the above, an Employee shall not be credited on account of a period during which no duties are performed with a number of Hours of Employment which is greater than the number of hours regularly scheduled for the performance of duties during such period. For purposes of this paragraph, an Employee without a regular work schedule shall be deemed to regularly work a 40-hour week, 8eight-hour day, or such other representative period (determined by the Committee and announced to employees) which reflects the average hours worked by the employee, or by other employees in the same job classification, provided the method used to calculate the average number of hours worked during such period is consistently applied with respect to all Employees within the same reasonably defined job classifications. Except as otherwise provided below, Hours of Employment shall be credited to the above-described computation period(s) in which duties are performed. With respect to Hours of Employment for which an Employee is either directly or indirectly paid or entitled to payment by an Employer on account of a period of time during which no duties are performed, (a) hours of service credited to the Employee on account of a payment which is calculated on the basis of units of time shall be credited to the computation period or periods in which the period during which no duties are performed occurs, beginning with the first unit of time to which the payment relates; and (b) Hours of Employment credited to an Employee by reason of a payment which is not calculated on the basis of units of time shall be credited to the computation period in which the period during which no duties are performed occurs, or if the period during which no duties are performed extends beyond one computation period, such Hours of Employment shall be allocated between not more than the first two computation periods on any reasonable basis which is consistently applied with respect to all employees within the same reasonably defined job classifications. Hours of Employment for which back pay, irrespective of mitigation of damages, is either awarded or agreed to by the Employer shall be credited to the computation period or periods to which the award or agreement for back pay pertains, rather than to the computation period in which the award, agreement or payment is made. For purposes of this paragraph, if Hours of Employment are to be credited to an Employee in connection with a period of no more than 31 days which extends beyond one computation period, all such hours may be credited to the first or second computation period provided all Employees within the same reasonably defined job classifications are consistently treated similarly.