Common use of Employee Retirement Plans Clause in Contracts

Employee Retirement Plans. To the extent permitted by the applicable plan, the Executive will be fully vested in and will be entitled to continue to participate, consistent with past practices, in all employee retirement plans maintained by the Company in effect as of his date of termination. The Executive's participation in such retirement plans shall continue for a period of thirty (30) months from the date of termination of his employment (at which point he will be considered to have terminated employment within the meaning of the plans) and the compensation payable to the executive under (a) and (b) above shall be treated (unless otherwise excluded) as compensation under the plan. If full vesting and continued participation in any plan is not permitted, the Company shall pay to the executive and, if applicable, his beneficiary, a supplemental benefit equal to the Present Value on the date of termination of employment of the excess of (i) the benefit the Executive would have been paid under such plan if he had been fully vested and had continued to be covered for the 30-month period as if the Executive had earned compensation described under (a) and (b) above and had made contributions sufficient to earn the maximum matching contribution, if any, under such plan (less any amounts he would have been required to contribute), over (ii) the benefit actually payable to or on behalf of the Executive under such plan. For purposes of determining the benefit under (i) in the preceding sentence, contributions deemed to be made under a defined contribution plan will be deemed to be invested in the same manner as the Executive's account under such plan at the time of termination of employment. The Company shall pay such supplemental benefits (if any) in a lump sum.

Appears in 7 contracts

Samples: Change in Control Agreement (Community Bancshares Inc /De/), Change in Control Agreement (Community Bancshares Inc /De/), Change in Control Agreement (Community Bancshares Inc /De/)

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Employee Retirement Plans. To the extent permitted by the applicable plan, the Executive Employee will be fully vested in and will be entitled to continue to participate, consistent with past practices, in all employee retirement plans maintained by the Company Employer in effect as of his date of termination. The Executive's participation in such retirement plans shall continue for a period of thirty (30) months from the date of termination of his employment (at which point he will be considered to have terminated employment within the meaning of the plans) and the compensation payable to the executive under (a) and (b) above shall be treated (unless otherwise excluded) as compensation under the planseparation from service. If full vesting and continued participation in any plan is not permittedIn addition, the Company Employer shall pay to the executive Employee and, if applicable, his beneficiary, a supplemental benefit cash payment equal to the Present Value on the date of termination of employment separation from service of the excess of (i) the benefit the Executive Employee would have been paid under each such plan if he had been fully vested and had continued to be covered for the 30an 18-month period following the date of his separation from service, as if the Executive Employee solely had earned the compensation described under (a) and (bSection 14.2.2(a) above during such period and had made contributions sufficient to earn the maximum matching contribution, if any, under each such plan (less any amounts he would have been required to contribute), over (ii) the benefit actually payable to or on behalf of the Executive Employee under each such plan. For purposes of determining the benefit under (i) in the preceding sentence, contributions deemed to be made under a defined contribution plan will be deemed to be invested in the same manner as the Executive's Employee’s account under such plan at the time of termination of employment. The Company Subject to Section 16 hereof, Employer shall pay such supplemental benefits (if any) in a lump sumsum at the same time as the Cash Severance Payment under Section 14.2.2(a). Employee’s benefits under the Supplemental Executive Retirement Agreement by and between Employee, Employer, and Security Bank of Xxxx County (the “SERP”) shall not be affected by this Section 14.2.2(c).

Appears in 4 contracts

Samples: Employment Agreement (Security Bank Corp), Employment Agreement (Security Bank Corp), Employment Agreement (Security Bank Corp)

Employee Retirement Plans. To the extent permitted by the applicable plan, the Executive Employee will be fully vested in and will be entitled to continue to participate, consistent with past practices, in all employee retirement plans maintained by the Company SNB in effect as of his date of termination, including, to the extent such plans are still maintained by SNB and Bank and any successor plan or plans. The Executive's Employee’s participation in such retirement plans shall continue for a period of thirty eighteen (3018) months from the date of termination of his employment (at which point he will be considered to have terminated employment within the meaning of the plans) and the compensation payable to the executive Employee under (a) and (b) above shall be treated (unless otherwise excluded) as compensation under the plan. If full vesting and continued participation in any plan is not permitted, the Company SNB shall pay to the executive Employee and, if applicable, his beneficiary, a supplemental benefit equal to the Present Value on the date of termination of employment of the excess of (i) the benefit the Executive Employee would have been paid under such plan if he had been fully vested and had continued to be covered for the 3018-month period as if the Executive Employee had earned compensation described under (a) and (b) above and had made contributions sufficient to earn the maximum matching contribution, if any, under such plan (less any amounts he would have been required to contribute), over (ii) the benefit actually payable to or on behalf of the Executive Employee under such plan. For purposes of determining the benefit under (i) in the preceding sentence, contributions deemed to be made under a defined contribution plan will be deemed to be invested in the same manner as the Executive's Employee’s account under such plan at the time of termination of employment. The Company SNB shall pay such supplemental benefits (if any) in a lump sum.

Appears in 2 contracts

Samples: Employment Agreement (SNB Bancshares Inc), Employment Agreement (SNB Bancshares Inc)

Employee Retirement Plans. To the extent permitted by the applicable plan, the Executive will be fully vested in and will be entitled to continue to participate, consistent with past practices, in all employee retirement plans maintained by the Company in effect as of his date of termination. The Executive's ’s participation in such retirement plans shall continue for a period of thirty (30) months from the date of termination of his employment (at which point he will be considered to have terminated employment within the meaning of the plans) and the compensation payable to the executive under (a) and (b) above shall be treated (unless otherwise excluded) as compensation under the plan. If full vesting and continued participation in any plan is not permitted, the Company shall pay to the executive and, if applicable, his beneficiary, a supplemental benefit equal to the Present Value on the date of termination of employment of the excess of (i) the benefit the Executive would have been paid under such plan if he had been fully vested and had continued to be covered for the 30-month period as if the Executive had earned compensation described under (a) and (b) above and had made contributions sufficient to earn the maximum matching contribution, if any, under such plan (less any amounts he would have been required to contribute), over (ii) the benefit actually payable to or on behalf of the Executive under such plan. For purposes of determining the benefit under (i) in the preceding sentence, contributions deemed to be made under a defined contribution plan will be deemed to be invested in the same manner as the Executive's ’s account under such plan at the time of termination of employment. The Company shall pay such supplemental benefits (if any) in a lump sum.

Appears in 2 contracts

Samples: Change in Control Agreement (Community Bancshares Inc /De/), Change in Control Agreement (Community Bancshares Inc /De/)

Employee Retirement Plans. To In addition to the benefits provided herein, to the extent permitted by the applicable plan, the Executive will be fully vested in and will be entitled to continue to participate, consistent with past practices, in all employee retirement plans maintained by the Company in effect as of his the date of terminationthe termination of his employment. The Executive's participation in such retirement plans shall continue for a period of thirty thirty-six (3036) months from the date of the termination of his employment (at which point he will be considered to have terminated employment within the meaning of the plans) and the compensation payable to the executive Executive under (ai) and (bii) above shall be treated (unless otherwise excluded) as compensation under the plansuch plans. If full vesting and continued participation in if any plan is not permittedpermitted or if any such plan does not continue to exist, the Company shall pay to the executive Executive and, if applicable, his designated beneficiary, a supplemental benefit equal to the Present Value present value on the date of termination of employment (calculated as provided in the plan) of the excess of (i) the benefit the Executive would have been paid under such plan if he had been fully vested and had continued to be covered for the 3036-month period as if the Executive had earned compensation described under (a) and (b) above and had made contributions sufficient to earn the maximum matching contribution, if any, under such plan (less any amounts he would have been required to contribute)) with assumed earnings calculated at eight percent (8%) per annum, over (ii) the benefit actually payable to or on behalf of the Executive under such plan. For purposes of determining the benefit under (i) in the preceding sentence, contributions deemed to be made under a defined contribution plan will be deemed to be invested in the same manner as the Executive's account under such plan at the time of termination of employment. The Company shall pay such supplemental additional benefits (if any) in a lump sum.

Appears in 2 contracts

Samples: Employment Agreement (Sunbelt Automotive Group Inc), Employment Agreement (Sunbelt Automotive Group Inc)

Employee Retirement Plans. To the extent permitted by the applicable plan, the Executive will be fully vested in and will be entitled to continue to participate, consistent with past practices, in all employee retirement and deferred compensation plans maintained by the Company in effect as of his date of termination, including, to the extent such plans are still maintained by the Company, the Blouxx Xxxirement Plan, the Blouxx 000(k) Plan, the Blouxx Xxxess 401(k) Plan, the SERP and the Executive SERP. The Executive's participation in such retirement plans shall continue for a period of thirty (30) months from the date of termination of his employment (at which point he will be considered to have terminated employment within the meaning of the plans) Severance Period and the compensation payable to the executive Executive under (a) and (b) above shall be treated (unless otherwise excluded) as compensation under the plan as if it were paid on a monthly basis. For purposes of the Blouxx 000(k) Plan and the Blouxx Xxxess 401(k) Plan, he will receive an amount equal to the Company's contributions to the plan, assuming Executive had participated in such plan at the maximum permissible contributions level. If full vesting and continued participation in any plan is not permittedpermitted by the plan or by applicable law, the Company shall pay to the executive andExecutive or, if applicable, his beneficiary, beneficiary a supplemental benefit equal to the Present Value present value on the date of termination of employment under this Agreement (calculated as provided in the plan) of the excess of (i) the benefit the Executive would have been paid under such plan if he had been fully vested and had continued to be covered for the 30-month period as if the Executive had earned compensation described under (a) and (b) above and had made contributions sufficient to earn the maximum matching contribution, if any, under such plan Severance Period (less any amounts he Executive would have been required to contribute), over (ii) the benefit actually payable to or on behalf of the Executive under such plan. For purposes of determining the benefit under (i) in the preceding sentence, contributions deemed to be made under a defined contribution plan will be deemed to be invested in the same manner as the Executive's account under such plan at the time of termination of employment. The Company shall pay the Present Value of such supplemental additional benefits (if any) in a lump sumsum within 30 days of his termination of employment.

Appears in 1 contract

Samples: Employment Agreement (Blount International Inc)

Employee Retirement Plans. To the extent permitted by the applicable plan, the Executive will be fully vested in and will be entitled to continue to participate, consistent with past practices, in all employee retirement plans maintained by the Company in effect as of his date of termination. The Executive's participation in such retirement plans shall continue for a period of thirty (30) months from the date of termination of his employment (at which point he will be considered to have terminated employment within the meaning of the plans) and the compensation payable to the executive under (a) and (b) above shall be treated (unless otherwise excluded) as compensation under the plan. If full vesting and continued participation in any plan is not permitted, the Company shall pay to the executive and, if applicable, his beneficiary, a supplemental benefit equal to the Present Value on the date of termination of employment of the excess of (i) the benefit the Executive would have been paid under such plan if he she had been fully vested and had continued to be covered for the 30-month period as if the Executive had earned compensation described under (a) and (b) above and had made contributions sufficient to earn the maximum matching contribution, if any, under such plan (less any amounts he she would have been required to contribute), over (ii) the benefit actually payable to or on behalf of the Executive under such plan. For purposes of determining the benefit under (i) in the preceding sentence, contributions deemed to be made under a defined contribution plan will be deemed to be invested in the same manner as the Executive's account under such plan at the time of termination of employment. The Company shall pay such supplemental benefits (if any) in a lump sum.

Appears in 1 contract

Samples: Change in Control Agreement (Community Bancshares Inc /De/)

Employee Retirement Plans. To the extent permitted by the applicable plan, the Executive will be fully vested in and will be entitled to continue to participate, consistent with past practices, in all employee retirement plans maintained by the Company in effect as of his the date of terminationthe termination of his Employment. The Executive's participation in such retirement plans shall continue for a period of thirty (30) months from and during the date of termination of his employment Severance Period (at the end of which point he period the Executive will be considered to have terminated his employment within the meaning of the such plans) and the compensation payable to the executive Executive under subsections (a) and (b) above shall be treated (unless otherwise excluded) as compensation under the plan. If full vesting and continued participation in any plan is not permitted, the Company shall pay to the executive Executive and, if applicable, his beneficiary, a supplemental benefit equal to the Present Value on the date of termination of employment of the excess of (iA) the benefit the Executive would have been paid under such plan if he had been fully vested and had continued to be covered for the 30-month period Severance Period as if the Executive had earned compensation described under subsections (a) and (b) above and had made contributions sufficient to earn the maximum matching contribution, if any, under such plan (less any amounts he would have been required to contribute), over (iiB) the benefit actually payable to or on behalf of the Executive under such plan. For purposes of determining the benefit under item (iA) in the preceding sentence, contributions deemed to be made under a defined contribution plan will be deemed to be invested in the same manner as the Executive's account under such plan at the time of termination of employmentTermination Date. The Company shall pay such supplemental benefits (if any) in a lump sumsum within 30 days after the Termination Date or as soon thereafter as any required calculations or other determinations can be made.

Appears in 1 contract

Samples: Income Protection Agreement (Insilco Corp/De/)

Employee Retirement Plans. To the extent permitted by the applicable plan, the Executive will be fully vested in and will be entitled to continue to participate, consistent with past practices, in all employee retirement and deferred compensation plans maintained by the Company in effect as of his date of termination, including, to the extent such plans are still maintained by the Company, the Xxxxxx Retirement Plan, the Xxxxxx 401(k) Plan, the Xxxxxx Excess 401(k) Plan, the SERP, and the Individual SERP. The Executive's participation in such retirement plans shall continue for a period of thirty (30) months from the date of termination of his employment (at which point he will be considered to have terminated employment within the meaning of the plans) Severance Period and the compensation payable to the executive Executive under (a) and (b) above shall be treated (unless otherwise excluded) as compensation under the plan as if it were paid on a monthly basis. For purposes of the Xxxxxx 401(k) Plan and the Xxxxxx Excess 401(k) Plan, he will receive an amount equal to the Company's contributions to the plan, assuming Executive had participated in such plan at the maximum permissible contributions level. If full vesting and continued participation in any plan is not permittedpermitted by the plan or by applicable law, the Company shall pay to the executive andExecutive or, if applicable, his beneficiary, beneficiary a supplemental benefit equal to the Present Value present value on the date of termination of employment under this Agreement (calculated as provided in the plan) of the excess of (i) the benefit the Executive would have been paid under such plan if he had been fully vested and had continued to be covered for the 30-month period as if the Executive had earned compensation described under (a) and (b) above and had made contributions sufficient to earn the maximum matching contribution, if any, under such plan Severance Period (less any amounts he Executive would have been required to contribute), over (ii) the benefit actually payable to or on behalf of the Executive under such plan. For purposes of determining the benefit under (i) in the preceding sentence, contributions deemed to be made under a defined contribution plan will be deemed to be invested in the same manner as the Executive's account under such plan at the time of termination of employment. The Company shall pay the Present Value of such supplemental additional benefits (if any) in a lump sumsum within 30 days of his termination of employment.

Appears in 1 contract

Samples: Employment Agreement (Blount International Inc)

Employee Retirement Plans. To the extent permitted by the applicable plan, the Executive Employee will be fully vested in and will be entitled to continue to participate, consistent with past practices, in all employee retirement plans maintained by the Company SNB in effect as of his date of termination, including, to the extent such plans are still maintained by SNB and Bank and any successor plan or plans. The Executive's Employee’s participation in such retirement plans shall continue for a period of thirty twenty-four (3024) months from the date of termination of his employment (at which point he will be considered to have terminated employment within the meaning of the plans) and the compensation payable to the executive Employee under (a) and (b) above shall be treated (unless otherwise excluded) as compensation under the plan. If full vesting and continued participation in any plan is not permitted, the Company SNB shall pay to the executive Employee and, if applicable, his beneficiary, a supplemental benefit equal to the Present Value on the date of termination of employment of the excess of (i) the benefit the Executive Employee would have been paid under such plan if he had been fully vested and had continued to be covered for the 3024-month period as if the Executive Employee had earned compensation described under (a) and (b) above and had made contributions sufficient to earn the maximum matching contribution, if any, under such plan (less any amounts he would have been required to contribute), over (ii) the benefit actually payable to or on behalf of the Executive Employee under such plan. For purposes of determining the benefit under (i) in the preceding sentence, contributions deemed to be made under a defined contribution plan will be deemed to be invested in the same manner as the Executive's Employee’s account under such plan at the time of termination of employment. The Company SNB shall pay such supplemental benefits (if any) in a lump sum.

Appears in 1 contract

Samples: Employment Agreement (SNB Bancshares Inc)

Employee Retirement Plans. To the extent permitted by the applicable plan, the Executive will be fully vested in and will be entitled to continue to participate, consistent with past practices, in all employee retirement and deferred compensation plans maintained by the Company in effect as of his date of termination, including, to the extent such plans are still maintained by the Company, the Blouxx Xxxirement Plan, the Blouxx 000(k) Plan, the Blouxx Xxxess 401(k) Plan, the Individual SERP and the SERP. The Executive's participation in such retirement plans shall continue for a period of thirty (30) months from the date of termination of his employment (at which point he will be considered to have terminated employment within the meaning of the plans) Severance Period and the compensation payable to the executive Executive under (a) and (b) above shall be treated (unless otherwise excluded) as compensation under the plan as if it were paid on a monthly basis. For purposes of the Blouxx 000(k) Plan and the Blouxx Xxxess 401(k) Plan, he will receive an amount equal to the Company's contributions to the plan, assuming Executive had participated in such plan at the maximum permissible contributions level. If full vesting and continued participation in any plan is not permittedpermitted by the plan or by applicable law, the Company shall pay to the executive andExecutive or, if applicable, his beneficiary, beneficiary a supplemental benefit equal to the Present Value present value on the date of termination of employment under this Agreement (calculated as provided in the plan) of the excess of (i) the benefit the Executive would have been paid under such plan if he had been fully vested and had continued to be covered for the 30-month period as if the Executive had earned compensation described under (a) and (b) above and had made contributions sufficient to earn the maximum matching contribution, if any, under such plan Severance Period (less any amounts he Executive would have been required to contribute), over (ii) the benefit actually payable to or on behalf of the Executive under such plan. For purposes of determining the benefit under (i) in the preceding sentence, contributions deemed to be made under a defined contribution plan will be deemed to be invested in the same manner as the Executive's account under such plan at the time of termination of employment. The Company shall pay the Present Value of such supplemental additional benefits (if any) in a lump sumsum within 30 days of his termination of employment.

Appears in 1 contract

Samples: Employment Agreement (Blount International Inc)

Employee Retirement Plans. To the extent permitted by the applicable plan, the Executive will be fully vested in and will be entitled to continue to participate, consistent with past practices, in all employee retirement and deferred compensation plans maintained by the Company in effect as of his date of termination, including, to the extent such plans are still maintained by the Company, the Blount Retirement Plan, the Blount 401(k) Plan, the Blount Excess 000(x) Plan, and the SERP. The ExecutiveXxxxxxive's participation in such participatiox xx xuch retirement plans shall continue for a period of thirty (30) months from the date of termination of his employment (at which point he will be considered to have terminated employment within the meaning of the plans) Severance Period and the compensation payable to the executive Executive under (a) and (b) above shall be treated (unless otherwise excluded) as compensation under the plan as if it were paid on a monthly basis. For purposes of the Blount 401(k) Plan and the Blount Excess 401(k) Plan, he will recxxxx xn amount equal to the Xxxxxny's contributions to the plan, assuming Executive had participated in such plan at the maximum permissible contributions level. If full vesting and continued participation in any plan is not permittedpermitted by the plan or by applicable law, the Company shall pay to the executive andExecutive or, if applicable, his beneficiary, beneficiary a supplemental benefit equal to the Present Value present value on the date of termination of employment under this Agreement (calculated as provided in the plan) of the excess of (i) the benefit the Executive would have been paid under such plan if he had been fully vested and had continued to be covered for the 30-month period as if the Executive had earned compensation described under (a) and (b) above and had made contributions sufficient to earn the maximum matching contribution, if any, under such plan Severance Period (less any amounts he Executive would have been required to contribute), over (ii) the benefit actually payable to or on behalf of the Executive under such plan. For purposes of determining the benefit under (i) in the preceding sentence, contributions deemed to be made under a defined contribution plan will be deemed to be invested in the same manner as the Executive's account under such plan at the time of termination of employment. The Company shall pay the present value of such supplemental additional benefits (if any) in a lump sumsum within 30 days of Executive's termination of employment.

Appears in 1 contract

Samples: Employment Agreement (Blount International Inc)

Employee Retirement Plans. To the extent permitted by the applicable plan, the Executive will be fully vested in and will be entitled to continue to participate, consistent with past practices, in all employee retirement and deferred compensation plans maintained by the Company in effect as of his date of termination, including, to the extent such plans are still maintained by the Company, the Blouxx Xxxirement Plan, the Blouxx 000(k) Plan, the Blouxx Xxxess 401(k) Plan, the Individual SERP, the SERP and the Executive SERP. The Executive's participation in such retirement plans shall continue for a period of thirty (30) months from the date of termination of his employment (at which point he will be considered to have terminated employment within the meaning of the plans) Severance Period and the compensation payable to the executive Executive under (a) and (b) above shall be treated (unless otherwise excluded) as compensation under the plan as if it were paid on a monthly basis. For purposes of the Blouxx 000(k) Plan and the Blouxx Xxxess 401(k) Plan, he will receive an amount equal to the Company's contributions to the plan, assuming Executive had participated in such plan at the maximum permissible contributions level. If full vesting and continued participation in any plan is not permittedpermitted by the plan or by applicable law, the Company shall pay to the executive andExecutive or, if applicable, his beneficiary, beneficiary a supplemental benefit equal to the Present Value present value on the date of 12 12 termination of employment under this Agreement (calculated as provided in the plan) of the excess of (i) the benefit the Executive would have been paid under such plan if he had been fully vested and had continued to be covered for the 30-month period as if the Executive had earned compensation described under (a) and (b) above and had made contributions sufficient to earn the maximum matching contribution, if any, under such plan Severance Period (less any amounts he Executive would have been required to contribute), over (ii) the benefit actually payable to or on behalf of the Executive under such plan. For purposes of determining the benefit under (i) in the preceding sentence, contributions deemed to be made under a defined contribution plan will be deemed to be invested in the same manner as the Executive's account under such plan at the time of termination of employment. The Company shall pay the Present Value of such supplemental additional benefits (if any) in a lump sumsum within 30 days of his termination of employment.

Appears in 1 contract

Samples: Employment Agreement (Blount International Inc)

Employee Retirement Plans. To the extent permitted by the applicable plan, the Executive will be fully vested in and will be entitled to continue to participate, consistent with past practices, in all employee retirement and deferred compensation plans maintained by the Company in effect as of his date of termination, including, to the extent such plans are still maintained by the Company, the Blount Retirement Plan, the Blount 401(k) Plan, the Blount Excess 000(x) Plan, and the SERP. The ExecutiveXxxxxxive's participation in such participatiox xx xuch retirement plans shall continue for a period of thirty (30) months from the date of termination of his employment (at which point he will be considered to have terminated employment within the meaning of the plans) Severance Period and the compensation payable to the executive Executive under (a) and (b) above shall be treated (unless otherwise excluded) as compensation under the plan as if it were paid on a monthly basis. For purposes of the Blount 401(k) Plan and the Blount Excess 401(k) Plan, he will xxxxxve an amount equal to xxx Xompany's contributions to the plan, assuming Executive had participated in such plan at the maximum permissible contributions level. If full vesting and continued participation in any plan is not permittedpermitted by the plan or by applicable law, the Company shall pay to the executive andExecutive or, if applicable, his beneficiary, beneficiary a supplemental benefit equal to the Present Value present value on the date of termination of employment under this Agreement (calculated as provided in the plan) of the excess of (i) the benefit the Executive would have been paid under such plan if he had been fully vested and had continued to be covered for the 30-month period as if the Executive had earned compensation described under (a) and (b) above and had made contributions sufficient to earn the maximum matching contribution, if any, under such plan Severance Period (less any amounts he Executive would have been required to contribute), over (ii) the benefit actually payable to or on behalf of the Executive under such plan. For purposes of determining the benefit under (i) in the preceding sentence, contributions deemed to be made under a defined contribution plan will be deemed to be invested in the same manner as the Executive's account under such plan at the time of termination of employment. The Company shall pay the Present Value of such supplemental additional benefits (if any) in a lump sumsum within 30 days of Executive's termination of employment.

Appears in 1 contract

Samples: Employment Agreement (Blount International Inc)

Employee Retirement Plans. To the extent permitted by the applicable plan, the Executive will be fully vested in and will be entitled to continue treated as if he continued to participate, consistent with past practices, in all employee retirement and deferred compensation plans maintained by the Company in effect which Executive is eligible to participate as of his date of termination, including, to the extent such plans are still maintained by the Company, the Xxxxxx Retirement Plan (this plan has been frozen as of December 31, 2006), the Xxxxxx 401(k) Plan, and the Xxxxxx Excess 401(k) Plan (but not the SERP and the Executive SERP). The Executive's ’s participation in such retirement and deferred compensation plans shall continue be treated as continuing for a period of thirty (30) months from the date of termination of his employment (at which point he will be considered to have terminated employment within the meaning of the plans) Severance Period and the compensation payable to the executive Executive under (a) and (b) above shall be treated (unless otherwise excluded) as compensation under the planplan as if it were paid on a monthly basis. If full vesting For purposes of the Xxxxxx 401(k) Plan and continued participation the Xxxxxx Excess 401(k) Plan, he will receive Company Matching and Savings Plus Contributions to the plan for the Severance Period at a level equal to the Company’s customary contributions to participants accounts under the plans, assuming Executive had participated in any plan is not permitted, such plans at the maximum permissible contributions level. The Company shall pay to the executive andExecutive or, if applicable, his beneficiary, beneficiary a supplemental benefit determined, as provided in this subsection (d) equal to the Present Value on the date of termination of employment under this Agreement (calculated as provided in the plan) of the excess of (i) the benefit the Executive would have been paid under such plan if he had been fully vested and had continued to be covered for the 30-month period as if the Executive had earned compensation described under (a) and (b) above and had made contributions sufficient to earn the maximum matching contribution, if any, under such plan Severance Period (less any amounts he Executive would have been required to contribute), over (ii) the benefit actually payable to or on behalf of the Executive under such plan. For purposes of determining the benefit under (i) in the preceding sentence, contributions deemed to be made under a defined contribution plan will be deemed to be invested in the same manner as the Executive's account under such plan at the time of termination of employment. The Company shall pay the Present Value of such supplemental additional benefits (if any) in a lump sumsum within 30 days of his termination of employment.

Appears in 1 contract

Samples: Employment Agreement (Blount International Inc)

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Employee Retirement Plans. To the extent permitted by the applicable plan, the Executive will be fully vested in and will be entitled to continue to participate, consistent with past practices, in all employee retirement plans maintained by the Company in effect as of his date of termination. The Executive's participation in such retirement plans shall continue for a period of thirty (30) months from the date of termination of his employment (at which point he will be considered to have terminated employment within the meaning of the plans) and the compensation payable to the executive under (a) and (b) above shall be treated (unless otherwise excluded) as compensation under the plan. If full vesting and continued participation in any plan is not permitted, the Company shall pay to the executive and, if applicable, his beneficiary, a supplemental benefit equal to the Present Value on the date of termination of employment of the excess of (i) the benefit the Executive would have been paid under such plan if he had been fully vested and had continued to be covered for the 30-month period as if the Executive had earned compensation described under (a) and (b) above and had made contributions sufficient to earn the maximum matching contribution, if any, under such plan (less any amounts he would have been required to contribute), over (ii) the benefit actually payable to or on behalf of the Executive under such plan. For purposes of determining the benefit under (i) in the preceding sentence, contributions deemed to be made under a defined contribution plan will be deemed to be invested in the same manner as the Executive's account under such plan at the time of termination of employment. The Company shall pay such supplemental benefits (if any) in a lump sum. 6 (e) CAREER COUNSELING - The Company will provide career counseling and out placement services on an individual basis to the Executive as the Company deems appropriate and for a reasonable period following the Executive's termination of employment; provided, however, that the Company's obligation to provide such services shall terminate at such time, if any, as the cost of such services exceeds $5,000.

Appears in 1 contract

Samples: Change in Control Agreement (Community Bancshares Inc /De/)

Employee Retirement Plans. To the extent permitted by the applicable plan, the Executive will be fully vested in and will be entitled to continue to participate, consistent with past practices, in all employee retirement and deferred compensation plans maintained by the Company in effect which Executive participates as of his date Date of terminationTermination, including, to the extent such plans are still maintained by the Company, the Xxxxxx 401(k) Plan and the Xxxxxx Excess 401(k) Plan. The Executive's ’s participation in such retirement plans shall continue for a period of thirty (30) months from the date of termination of his employment (at which point he will be considered to have terminated employment within the meaning of the plans) and Severance Period, the compensation payable to the executive Executive under (a) and (b) above shall be treated (unless otherwise excluded) as compensation under the planplan as if it were paid on a monthly basis, and he will receive credit for years of service for the length of the Severance Period. For purposes of the Xxxxxx 401(k) Plan and the Xxxxxx Excess 401(k) Plan, he will receive an amount equal to the Company’s contributions to the plans as though Executive had participated in such plans at the maximum permissible contributions level and the Company had continued to make Matching Contributions and Savings Plus Contributions to such plans for the Severance Period. If full vesting and continued participation in any plan is not permittedpermitted by the plan or by applicable law, the Company shall pay to the executive andExecutive or, if applicable, his beneficiary, beneficiary a supplemental benefit equal to the Present Value on the date Date of termination of employment Termination under this Agreement of the excess of (i) the benefit the Executive would have been paid under such plan if he had been fully vested and had continued to be covered for the 30-month period as if the Executive had earned compensation described under (a) and (b) above and had made contributions sufficient to earn the maximum matching contribution, if any, under such plan Severance Period (less any amounts he Executive would have been required to contribute), over (ii) the benefit actually payable to or on behalf of the Executive under such plan. For purposes of determining the benefit under (i) in the preceding sentence, contributions deemed to be made under a defined contribution plan will be deemed to be invested in the same manner as the Executive's account under such plan at the time of termination of employment. The Company shall pay the Present Value of such supplemental additional benefits (if any) in a lump sumsum within 30 days of his termination of employment.

Appears in 1 contract

Samples: Employment Agreement (Blount International Inc)

Employee Retirement Plans. To the extent permitted by the applicable plan, the Executive will be fully vested in and will be entitled to continue to participate, consistent with past practices, in all employee retirement and deferred compensation plans maintained by the Company in effect which Executive participates as of his date Date of terminationTermination, including, to the extent such plans are still maintained by the Company, the Xxxxxx 401(k) Plan and the Xxxxxx Excess 401(k) Plan. The Executive's ’s participation in such retirement plans shall continue for a period of thirty (30) months from the date of termination of his employment (at which point he will be considered to have terminated employment within the meaning of the plans) and Severance Period, the compensation payable to the executive Executive under (a) and (b) above shall be treated (unless otherwise excluded) as compensation under the planplan as if it were paid on a monthly basis, and he will receive credit for years of service for the length of the Severance Period. For purposes of the Xxxxxx 401(k) Plan and the Xxxxxx Excess 401(k) Plan, he will receive an amount equal to the Company’s contributions to the plans as though Executive had contributed to such plans at the maximum permissible contributions level and the Company had continued to make Matching Contributions and Savings Plus Contributions to such plans for the Severance Period. If full vesting and continued participation in any plan is not permittedpermitted by the plan or by applicable law, the Company shall pay to the executive andExecutive or, if applicable, his beneficiary, beneficiary a supplemental benefit equal to the Present Value on the date Date of termination of employment Termination under this Agreement of the excess of (i) the benefit the Executive would have been paid under such plan if he had been fully vested and had continued to be covered for the 30-month period as if the Executive had earned compensation described under (a) and (b) above and had made contributions sufficient to earn the maximum matching contribution, if any, under such plan Severance Period (less any amounts he Executive would have been required to contribute), over (ii) the benefit actually payable to or on behalf of the Executive under such plan. For purposes of determining the benefit under (i) in the preceding sentence, contributions deemed to be made under a defined contribution plan will be deemed to be invested in the same manner as the Executive's account under such plan at the time of termination of employment. The Company shall pay the Present Value of such supplemental additional benefits (if any) in a lump sumsum within 30 days of his termination of employment.

Appears in 1 contract

Samples: Employment Agreement (Blount International Inc)

Employee Retirement Plans. To the extent permitted by the applicable plan, the Executive will be fully vested in and will be entitled to continue to participate, consistent with past practices, in all employee retirement plans maintained by the Company in effect as of his date of termination. The Executive's participation in such retirement plans shall continue for a period of thirty (30) months from the date of termination of his employment (at which point he will be considered to have terminated employment within the meaning of the plans) and the compensation payable to the executive under (a) and (b) above shall be treated (unless otherwise excluded) as compensation under the plan. If full vesting and continued participation in any plan is not permitted, the Company shall pay to the executive Executive and, if applicable, his beneficiary, a supplemental benefit equal to the Present Value on the date of termination of employment of the excess of (i) the benefit the Executive would have been paid under such plan if he had been fully vested and had continued to be covered for the 30-month period as if the Executive had earned compensation described under (a) and (b) above and had made contributions sufficient to earn the maximum matching contribution, if any, under such plan (less any amounts he would have been required to contribute), over (ii) the benefit actually payable to or on behalf of the Executive under such plan. For purposes of determining the benefit under (i) in the preceding sentence, contributions deemed to be made under a defined contribution plan will be deemed to be invested in the same manner as the Executive's account under such plan at the time of termination of employment. The Company shall pay such supplemental benefits (if any) in a lump sum.

Appears in 1 contract

Samples: Change in Control Agreement (Community Bancshares Inc /De/)

Employee Retirement Plans. To the extent permitted by the applicable plan, the Executive will be fully vested in and will be entitled to continue to participate, consistent with past practices, in all employee retirement and deferred compensation plans maintained by the Company in effect as of his date of termination, including, to the extent such plans are still maintained by the Company, the Xxxxxx 401(k) Plan and the Xxxxxx Excess 401(k) Plan. The Executive's ’s participation in such retirement plans shall continue for a period of thirty (30) months from the date of termination of his employment (at which point he will be considered to have terminated employment within the meaning of the plans) Severance Period and the compensation payable to the executive Executive under (a) and (b) above shall be treated (unless otherwise excluded) as compensation under the plan as if it were paid on a monthly basis. For purposes of the Xxxxxx 401(k) Plan and the Xxxxxx Excess 401(k) Plan, he will receive an amount equal to the Company’s contributions to the plan, assuming Executive had participated in such plan at the maximum permissible contributions level. If full vesting and continued participation in any plan is not permittedpermitted by the plan or by applicable law, the Company shall pay to the executive andExecutive or, if applicable, his beneficiary, beneficiary a supplemental benefit equal to the Present Value present value on the date of termination of employment under this Agreement (calculated as provided in the plan) of the excess of (i) the benefit the Executive would have been paid under such plan if he had been fully vested and had continued to be covered for the 30-month period as if the Executive had earned compensation described under (a) and (b) above and had made contributions sufficient to earn the maximum matching contribution, if any, under such plan Severance Period (less any amounts he Executive would have been required to contribute), over (ii) the benefit actually payable to or on behalf of the Executive under such plan. For purposes of determining the benefit under (i) in the preceding sentence, contributions deemed to be made under a defined contribution plan will be deemed to be invested in the same manner as the Executive's account under such plan at the time of termination of employment. The Company shall pay the Present Value of such supplemental additional benefits (if any) in a lump sumsum within 30 days of Executive’s termination of employment.

Appears in 1 contract

Samples: Employment Agreement (Blount International Inc)

Employee Retirement Plans. To the extent permitted by the applicable plan, the Executive will be fully vested in and will be entitled to continue to participate, consistent with past practices, in all employee retirement and deferred compensation plans maintained by the Company in effect as of his date of termination, including, to the extent such plans are still maintained by the Company, the Blouxx Xxxirement Plan, the Blouxx 000(k) Plan, the Blouxx Xxxess 401(k) Plan, the Individual SERP, the SERP and the Executive SERP. The Executive's participation in such retirement plans shall continue for a period of thirty (30) months from the date of termination of his employment (at which point he will be considered to have terminated employment within the meaning of the plans) Severance Period and the compensation payable to the executive Executive under (a) and (b) above shall be treated (unless otherwise excluded) as compensation under the plan as if it were paid on a monthly basis. For purposes of the Blouxx 000(k) Plan and the Blouxx Xxxess 401(k) Plan, he will receive an amount equal to the Company's contributions to the plan, assuming Executive had participated in such plan at the maximum permissible contributions level. If full vesting and continued participation in any plan is not permittedpermitted by the plan or by applicable law, the Company shall pay to the executive andExecutive or, if applicable, his beneficiary, beneficiary a supplemental benefit equal to the Present Value present value on the date of termination of employment under this Agreement (calculated as provided in the plan) of the excess of (i) the benefit the Executive would have been paid under such plan if he had been fully vested and had continued to be covered for the 30-month period as if the Executive had earned compensation described under (a) and (b) above and had made contributions sufficient to earn the maximum matching contribution, if any, under such plan Severance Period (less any amounts he Executive would have been required to contribute), over (ii) the benefit actually payable to or on behalf of the Executive under such plan. For purposes of determining the benefit under (i) in the preceding sentence, contributions deemed to be made under a defined contribution plan will be deemed to be invested in the same manner as the Executive's account under such plan at the time of termination of employment. The Company shall pay such supplemental benefits (if any) in a lump sum.been

Appears in 1 contract

Samples: Employment Agreement (Blount International Inc)

Employee Retirement Plans. To the extent permitted by the applicable plan, the Executive will be fully vested in and will be entitled to continue to participate, consistent with past practices, in all employee retirement plans maintained by the Company in effect as of his date of termination, including, to the extent such plans are still maintained by the Company, the Blount Retirement Plan, the Blount 401(k) Plan, and, if xxxxxcable, the Blount, Inc. xxx Subsidiary Supplemental Retirement Plax. The ExecutiveXxecutive's participation in such retirement plans shall continue for a period of thirty (30) months period, as determined in Section 5.1, from the date of termination of his employment under this Agreement (at which point he will be considered to have terminated employment within the meaning of the plans) and the compensation payable to the executive Executive under (a) and (b) above shall be treated (unless otherwise excluded) as compensation under the plan. For purposes of the Blount 401(k) Plan, he will receive an amount equal to xxx Xxmpany's contributions to the plan, assuming Executive had participated in such plan at the maximum permissible contributions level. If full vesting and continued participation in any plan is not permittedpermitted by the plan or by applicable law, the Company shall pay to the executive Executive and, if applicable, his beneficiary, a supplemental benefit equal to the Present Value present value on the date of termination of employment under this Agreement (calculated as provided in the plan) of the excess of (i) the benefit the Executive would have been paid under such plan if he had been fully vested and had continued to be covered for the 30-month period period, as if the Executive had earned compensation described under (a) and (b) above and had made contributions sufficient to earn the maximum matching contributiondetermined in Section 5.1, if any, under such plan (less any amounts he Executive would have been required to contribute), over (ii) the benefit actually payable to or on behalf of the Executive under such plan. For purposes of determining the benefit under (i) in the preceding sentence, contributions deemed to be made under a defined contribution plan will be deemed to be invested in the same manner as the Executive's account under such plan at the time of termination of employment. The Company shall pay such supplemental additional benefits (if any) in a lump sum.. (e)

Appears in 1 contract

Samples: Employment Agreement (Blount International Inc)

Employee Retirement Plans. To the extent permitted by the applicable plan, the Executive will be fully vested in and will be entitled to continue to participate, consistent with past practices, in all employee retirement plans maintained by the Company in effect as of his date of terminationtermination to the extent such plans are still maintained by the Company (whether such plans are established by the Company or BII). The Executive's participation in such retirement plans shall continue for a period of thirty eighteen (3018) months from the date of termination of his employment under this Agreement (at which point he will be considered to have terminated employment within the meaning of the plans) and the compensation payable to the executive Executive under (a) and (b) above shall be treated (unless otherwise excluded) as compensation under the plan. For purposes of the Blount 401(k) Plan, he will receive an amount eqxxx xx the Company's contributions to the plan, assuming Executive had participated in such plan at the maximum permissible contributions level. If full vesting and continued participation in any plan is not permittedpermitted by the plan or by applicable law, the Company shall pay to the executive Executive and, if applicable, his beneficiary, a supplemental benefit equal to the Present Value present value on the date of termination of employment under this Agreement (calculated as provided in the plan) of the excess of (i) the benefit the Executive would have been paid under such plan if he had been fully vested and had continued to be covered for the 3018-month period as if the Executive had earned compensation described under (a) and (b) above and had made contributions sufficient to earn the maximum matching contribution, if any, under such plan (less any amounts he Executive would have been required to contribute), over (ii) the benefit actually payable to or on behalf of the Executive under such plan. For purposes of determining the benefit under (i) in the preceding sentence, contributions deemed to be made under a defined contribution plan will be deemed to be invested in the same manner as the Executive's account under such plan at the time of termination of employment. The Company shall pay such supplemental additional benefits (if any) in a lump sum.. (e)

Appears in 1 contract

Samples: Employment Agreement (Blount International Inc)

Employee Retirement Plans. To the extent permitted by the applicable plan, the Executive will be fully vested in and will be entitled to continue to participate, consistent with past practices, in all employee retirement plans maintained by the Company in effect as of his date of termination, including, to the extent such plans are still maintained by the Company, the Blount Retirement Plan, the Blount 401(k) Plan, and, if xxxxxcable, the Blount, Inc. xxx Subsidiary Supplemental Retirement Plax. The ExecutiveXxecutive's participation in such retirement plans shall continue for a period of thirty twelve (3012) months or eighteen (18) months from the date of termination of his employment under this Agreement (at which point he will be considered to have terminated employment within the meaning of the plans) and the compensation payable to the executive Executive under (a) and (b) above shall be treated (unless otherwise excluded) as compensation under the plan. For purposes of the Blount 401(k) Plan, he will receive an amount equal to xxx Xxmpany's contributions to the plan, assuming Executive had participated in such plan at the maximum permissible contributions level. If full vesting and continued participation in any plan is not permittedpermitted by the plan or by applicable law, the Company shall pay to the executive Executive and, if applicable, his beneficiary, a supplemental benefit equal to the Present Value present value on the date of termination of employment under this Agreement (calculated as provided in the plan) of the excess of (i) the benefit the Executive would have been paid under such plan if he had been fully vested and had continued to be covered for the 30-twelve (12) month or eighteen (18) month period as if the Executive had earned compensation described under (a) and (b) above and had made contributions sufficient to earn the maximum matching contribution, if any, under such plan (less any amounts he Executive would have been required to contribute), over (ii) the benefit actually payable to or on behalf of the Executive under such plan. For purposes of determining the benefit under (i) in the preceding sentence, contributions deemed to be made under a defined contribution plan will be deemed to be invested in the same manner as the Executive's account under such plan at the time of termination of employment. The Company shall pay such supplemental additional benefits (if any) in a lump sum.. (e)

Appears in 1 contract

Samples: Employment Agreement (Blount International Inc)

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