Eligibility for Distribution. A covered member will be eligible for an immediate distribution on the later of (a), (b), or (c) below:
(a) The first July 1st, which is at least five years after the member’s retirement, defined as the later of the date that a member either separated from service or began to receive a pension.
(b) The year after the member’s pension has lost 15% of its original purchasing power, defined as a 15% increase in the Consumer Price Index for All Urban Consumers (CPI-U), U.S. city average, all items 1982-1984 = 100.
(c) The member’s accumulation of 35 points.
Eligibility for Distribution. In accordance with the requirements of Sections 4.3 and 4.4 above, a Participant shall not be entitled to payments under any Plan Contract or Prior Contract prior to the earliest of the following dates:
(a) The date of the Employee’s severance from employment with the Employer,
(b) The date that the Participant becomes Totally and Permanently Disabled,
(c) The date the Employee attains age 59-1/2, or
(d) With respect to Elective Contributions and any other salary reduction contribution held under a Plan Contract or Prior Contract, but not earnings thereon, the date that the Participant encounters a financial hardship (determined in accordance with Section 5.5). All Participants shall be responsible for certifying to the Providers that they are entitled to a distribution in accordance with the foregoing terms of this Plan and the applicable provision of the Plan Contract or Prior Contract. The Providers shall be solely responsible for determining whether a Participant is entitled to a distribution on account of Total and Permanent Disability and financial hardship, and otherwise in accordance with the terms of the Plan Contract or Prior Contract. However, if a distribution is requested on account of severance from employment, the Provider shall contact the Plan Administrator to confirm whether the Participant has incurred a severance from employment; and no such distribution shall be permitted unless the Plan Administrator confirms that the Participant has incurred a severance from employment. For purposes of this Plan, a determination of whether a Participant has incurred a severance from employment shall be made in accordance with the provisions of Code Section 403(b)(11) and the Treasury Regulations, rulings and other guidance applicable under the Code that define the term “severance from employment.” Notwithstanding the foregoing, if a Participant makes a Rollover Contribution to a Plan Provider and the Plan Provider separately accounts for the Rollover Contribution and earnings thereon, the Plan Contract or Prior Contract may permit the Participant to receive a distribution from that separate Rollover Contribution account at any time. Each Employee is required under this Plan to advise the Employer of the existence of all of that Employee’s Prior Contracts. An Employee shall be prohibited from entering into a Salary Reduction Agreement under this Plan unless and until the Provider of the Prior Contract enters into an “Information Sharing Agreement” wit...
Eligibility for Distribution. An employee must meet all of the following criteria in order to be eligible to receive the bonus payment(s), if any: Employee must achieve the Synergy Goals as defined in this Plan and the individual Schedule provided to the employee. Employee must be employed on the date the bonus is paid. An employee who voluntarily terminates or is terminated for any reason before the date the bonus is paid is NOT eligible to receive a bonus or any portion thereof. Provided, however, if an employee is terminated without Cause (as defined in the employee’s Change-in-Control Agreement or the Applied Biosystems’ Executive Severance Pay Policy, as applicable) or if the employee resigns for Good Reason (as defined in the employee’s Change-in-Control Agreement or the Applied Biosystems’ Executive Severance Pay Policy, as applicable, and as modified in the applicable Waiver and Release of Rights Agreement) after the end of the calendar year to which the respective bonus relates but on or before the date the bonus is paid, the employee will remain eligible to receive the respective bonus if Company is able to validate that the Synergy Goal for the calendar year was achieved. Under such circumstance, any such bonus will be calculated and paid pursuant to the Plan Calculation and Payment Dates provision set forth below.
Eligibility for Distribution of software upgrades is exclusively reserved to licensed Compaq software or software supported by Compaq which is covered by a current warranty or by a current licence subscription contract.
