DEPENDENT CARE PLAN. Dependent Care Plan" means a Plan that has a dependent care expense reimbursement feature and operates through a Plan or other arrangement that satisfies the requirements of Section 125 of the Code. When immediately preceded by "Airborne," "Dependent Care Plan" means the Airborne Express Dependent Care Account Plan established and maintained by Airborne Express, Inc. for the benefit of eligible employees of Airborne and its Subsidiaries. When immediately preceded by "ABX," "Dependent Care Plan" means the ABX Dependent Care Plan established and maintained by ABX for the benefit of eligible employees of ABX and its Subsidiaries.
DEPENDENT CARE PLAN. As of or prior to the Separation Date (or such other date as Airborne and ABX may mutually agree), ABX shall establish an ABX Dependent Care Plan that will provide coverage for eligible employees of ABX (and their eligible dependents). For a period of at least 12 months following the Effective Date, and unless Airborne and ABX agree otherwise, ABX shall maintain the ABX Dependent Care Plan on substantially the same terms and conditions as the Airborne Dependent Care Plan in which the ABX Employees participated immediately prior to the Separation Date.
DEPENDENT CARE PLAN. Effective as of the Separation Date, each ABX Employee shall cease to be an active participant in the Airborne Dependent Care Plan and no further contributions by or on behalf of ABX Employees shall be made to the Airborne Dependent Care Plan. Effective as soon as administratively practicable following the Separation Date and prompt reimbursement of expenses incurred by ABX Employees prior to the Separation Date that are submitted for reimbursement prior to the Separation Date under the Airborne Dependent Care Plan as described below, Airborne shall cause an amount equal to any and all contributions that have been made by ABX Employees who, immediately prior to the Separation Date, participated in the Airborne Dependent Care Plan and that have not been applied towards or are otherwise payable with regard to "Dependent Care Expenses" (within the meaning of the Airborne Dependent Care Plan) incurred by such ABX Employees prior to the Separation Date to be paid in cash in a single lump sum to ABX. Airborne and ABX agree to use reasonable commercial efforts to accomplish the transfer described in the preceding sentence. ABX shall treat such transferred amounts as contributions by the respective ABX Employees under the ABX Dependent Care Plan. Eligible dependent care expenses incurred by ABX Employees after the Separation Date, or incurred by ABX Employees prior to the Separation Date but submitted for reimbursement after the Separation Date, shall be subject to reimbursement under the ABX Dependent Care Plan and the terms thereof. The Airborne Dependent Care Plan shall retain all Liabilities and obligations in respect of dependent care expenses incurred by ABX Employees prior to the Separation Date that are submitted for reimbursement prior to the Separation Date, incurred by Airborne Employees prior to or after the Separation Date, and incurred by any participant in the Airborne Dependent Care Plan who is neither an Airborne Employee nor an ABX Employee as of the Separation Date, but who is entitled to reimbursement under the terms of the Airborne Dependent Care Plan.
DEPENDENT CARE PLAN. CITY shall continue to implement the existing Dependent Care Plan.
