Common use of Medical/Dental Plans Component Clause in Contracts

Medical/Dental Plans Component. (A) The Company shall provide the Executive with the benefits described in either paragraph (1) or (2) below, as follows: (1) if the Executive participated in a company self-insured medical plan (which does not satisfy the requirements of Section 105(h)(2)) immediately prior to the Date of Termination, then (a) the Executive shall have the right to continue in such plan for a period of up to two (2) years (as determined below) following the date on which his coverage would otherwise terminate under such plan on account of termination of employment by paying the Executive’s portion of the applicable premiums (or the entire amount of such applicable premiums if the Company’s payments under (b) below are paid directly to the Executive), without for this purpose taking into account any health care continuation rights under COBRA (as defined below) and (b) the Company shall pay or cause to have paid on the Executive’s behalf an amount equal to the Company’s portion of the premiums payable for a period of up to two (2) years (as determined below) starting from the Date of Termination, under the Company’s group health plans for providing Medical Insurance Coverage to the Executive and to those family members covered through the Executive under the Medical Insurance Coverage in effect at the time of the commencement of the Separation Period. Such coverage described in (a) above shall be provided under the group health plans in which Executive and his covered family members are participating at the time of the commencement of the Separation Period or subsequently elect in accordance with the Company’s applicable established procedures. Subject to Section 4(d), the Company shall pay or cause to be paid all amounts due under this Section 6(a)(iii)(A) in up to two annual installments, with the first installment due or credited within thirty (30) days after the Date of Termination and a subsequent installment being made or credited on the anniversary thereof; provided, however, that either installment shall be pro-rated or eliminated to the extent that Executive becomes eligible for other health coverage through a subsequent employer or reaches the age of 65 years during the year covered by the installment; or (2) if paragraph (1) above is not applicable (because the Executive participated in a health benefit program to which Section 105(h) is not applicable, such as the Company’s HMO immediately prior to the Date of Termination), the Company shall continue to provide benefits under such health plan on the same basis as for an employee of the Company for a period of up to two (2) years (as determined below) starting from the Date of Termination. Each continued health benefit described herein shall cease upon the earliest of: (i) two years from the Date of Termination; (ii) the Executive’s 65th birthday; or (iii) the Executive’s eligibility for the same type of health benefit (i.e., medical, dental or vision coverage) under a subsequent employer’s group health plans. Any period of participation hereunder shall not be subtracted from the period of months for which the Executive is eligible for benefits under the Consolidated Omnibus Budget Reconciliation Act of 1985 (“COBRA”). As such, upon the cessation of coverage under this Section 6(a)(iii)(A), the Executive shall be entitled to elect continued coverage under COBRA (at the Executive’s sole expense) for the full period the Executive would have otherwise been entitled to had the Executive’s qualifying event (within the meaning of COBRA) occurred on the date of such cessation of coverage. The Executive shall not participate in any other Company sponsored welfare benefit plans after the termination of employment. (B) In addition, the Executive shall continue to have the right to participate in group health plans as and if offered to former employees whose employment terminated at or after age 55 with ten (10) or more years of service on the same terms and conditions as for such former employees including premium contributions from the Executive as in effect from time to time. Such right to participate shall apply from the time such coverage would otherwise terminate pursuant to Section 6(a)(iii)(A) and shall continue until the Executive attains age 65; thereafter the Executive may participate in the Company’s Retiree Health Plan as and if it may exist from time to time in the future (provided, not more than seven (7) years of service shall be required for eligibility thereunder), if he would be eligible to participate pursuant to the terms of that Plan; provided, however, that such coverage shall not be provided to the extent the Executive is entitled to retiree benefits from The Coca-Cola Company, on a benefit-by-benefit and coverage-by-coverage basis, that duplicates the retiree benefits available to the Executive by the Company. The parties acknowledge that the amounts and benefits provided in this Section 6(a) constitute a reasonable estimate of and compensation for any damages the Executive may suffer as the result of his termination of employment under this Agreement. If the Executive does not execute, or having executed, effectively revokes the Release, the Company will not be obligated to provide any benefits or payments of any kind to the Executive.

Medical/Dental Plans Component. (A) The During the Severance Payment Period, the Company shall provide the Executive with the benefits described in either paragraph (1) or (2) below, as followsshall: (1) if the Executive participated in a company self-insured medical plan (which does not satisfy the requirements of Section 105(h)(2)) immediately prior to the Date of Termination, then (a) pay to the Executive shall have the right to continue in such plan for a period of up to two (2) years (as determined below) following the date on which his coverage would otherwise terminate under such plan on account of termination of employment by paying the Executive’s portion of the applicable premiums (or the entire amount of such applicable premiums if the Company’s payments under (b) below are paid directly to the Executive), without for this purpose taking into account any health care continuation rights under COBRA (as defined below) and (b) the Company shall pay or cause to have paid on the Executive’s behalf an amount equal to the sum of (x) the Company’s portion of the premiums premium payable for a period of up to two (2) years (as determined below) starting from the Date of Termination, under the Company’s group health plans for providing Medical Insurance Coverage health benefits (i.e., medical, dental and vision benefits) to the Executive and to those family members covered through the Executive under the Medical Insurance Coverage in effect Company’s group health plans at the time of the commencement of the Separation Period. Such , such coverage described in (a) above shall to be provided under the group health plans in which Executive and his covered family members are participating at the time of the commencement of the Separation Period or subsequently elect in accordance with the Company’s applicable established proceduresprocedures (reduced by any amounts which Executive is required to pay for such health benefit coverage as described in further detail below), and (y) an additional amount (the “Gross-Up Amount”) intended to compensate Executive for any additional taxes, if any, for which Executive may become liable as a result of the provision of the benefits described in (x) so that Executive’s after-tax income is not decreased as a result of receiving the benefits described in (x), with such Gross-Up Amount being calculated in accordance with the Company’s reasonable usual and customary procedures for determining tax gross-up payments, as such procedures may change from time to time. Subject to Section 4(d)If the Severance Payment Period exceeds twelve (12) months, the Company shall pay or cause to be have paid all amounts due under this Section 6(a)(iii)(A) in up to two annual installments, with the first installment due or credited within thirty (30) 30 days after the Date of Termination and a subsequent installment installments being made or credited on the anniversary thereof; provided, however, that either installment shall subsequent installments may be pro-rated reduced or eliminated to the extent that Executive becomes eligible for other health coverage through a subsequent employer employer. If the Severance Payment Period is equal to or reaches less than twelve (12) months, the age Company shall pay or cause to have paid all amounts due or credited under this Section 6(a)(iii)(A) in one lump sum cash payment within 30 days after the Date of 65 years during the year covered by the installmentTermination; or (2) if paragraph (1) above is not applicable (because the Executive participated in a health benefit program to which Section 105(h) is not applicable, such as the Company’s HMO immediately prior to the Date of Termination), the Company shall continue to provide benefits under such health plan on the same basis as for an employee of the Company for a period Company. The purpose of up providing the benefits pursuant to two (2this Section 6(a)(iii)(A) years (as determined below) starting from shall be to provide the Date of Termination. Each continued health benefit described herein shall cease upon the earliest of: (i) two years from the Date of Termination; (ii) Executive and/or the Executive’s 65th birthday; or (iii) covered family members with continued health benefits at least equal to those which would have been provided to them in accordance with the Company’s health plans, programs, practices and policies if the Executive’s eligibility for the same type of health benefit employment had not been terminated (i.e., medical, dental or vision coverage) under a subsequent employer’s group health plans. Any period of participation hereunder shall not be subtracted from the period of months for which with such contributions by the Executive is eligible for benefits under the Consolidated Omnibus Budget Reconciliation Act of 1985 (“COBRA”). As such, upon the cessation of coverage under this Section 6(a)(iii)(A), the Executive shall be entitled to elect continued coverage under COBRA (at the Executive’s sole expense) for the full period the Executive as would have otherwise been entitled to required had the Executive’s qualifying event (within the meaning of COBRA) occurred on the date of such cessation of coverage. The employment not been terminated).The Executive shall not participate in any other Company sponsored welfare benefit plans after the termination of employment. (B) In addition, if at the end of the Severance Payment Period the Executive shall continue to will be age 55 or older and at least 10 years will have passed since the beginning of the Executive’s last period of employment with the Company, continuation of the right to participate in group health plans Medical and/or Dental Plans as and if offered to former employees whose employment terminated at or after age 55 with ten (10) or more years of service on the same terms and conditions as for such former employees including premium contributions from the Executive as in effect from time to time. Such right to participate shall apply from the time such coverage would otherwise terminate pursuant to Section 6(a)(iii)(A) and shall continue until the Executive attains age 65; thereafter the Executive may participate in the Company’s Retiree Health Plan as and if it may exist from time to time in the future (provided, not more than seven (7) years of service shall be required for eligibility thereunder)future, if he would be eligible to participate pursuant to the terms of that Plan; provided, however, that such coverage shall not be provided to the extent the Executive is entitled to retiree benefits from The Coca-Cola Company, on a benefit-by-benefit and coverage-by-coverage basis, that duplicates the retiree benefits available to the Executive by the Company. The parties acknowledge that the amounts and benefits provided in this Section 6(a) constitute a reasonable estimate of and compensation for any damages the Executive may suffer as the result of his termination of employment under this Agreement. If the Executive does not execute, or having executed, effectively revokes the Release, the Company will not be obligated to provide any benefits or payments of any kind to the Executive.

Medical/Dental Plans Component. (A) The Company shall provide the Executive with the benefits described in either paragraph (1) or (2) below, as follows: (1) if the Executive participated in a company self-insured medical plan (which does not satisfy the requirements of Section 105(h)(2)) immediately prior to the Date of Termination, then (a) the Executive shall have the right to continue in such plan for a period of up to two (2) years (as determined below) following the date on which his coverage would otherwise terminate under such plan on account of termination of employment by paying the Executive’s portion of the applicable premiums (or the entire amount of such applicable premiums if the Company’s payments under (b) below are paid directly to the Executive), without for this purpose taking into account any health care continuation rights under COBRA (as defined below) and (b) the Company shall pay or cause to have paid on the Executive’s 's behalf an amount equal to the Company’s 's portion of the premiums payable for a period of up to two (2) years (as determined below) starting from the Date of Termination, under the Company’s 's group health plans for providing Medical Insurance Coverage to the Executive and to those family members covered through the Executive under the Medical Insurance Coverage in effect at the time of the commencement of the Separation Period. Such coverage described in (a) above shall be provided under the group health plans in which Executive and his covered family members are participating at the time of the commencement of the Separation Period or subsequently elect in accordance with the Company’s 's applicable established procedures. Subject to Section 4(d), the Company shall pay or cause to be paid all amounts due under this Section 6(a)(iii)(A) in up to two annual installments, with the first installment due or credited within thirty (30) days after the Date of Termination and a subsequent installment being made or credited on the anniversary thereof; provided, however, that either installment shall be pro-rated or eliminated to the extent that Executive becomes eligible for other health coverage through a subsequent employer or reaches the age of 65 years during the year covered by the installment; or (2) if paragraph (1) above is not applicable (because the Executive participated in a health benefit program to which Section 105(h) is not applicable, such as the Company’s 's HMO immediately prior to the Date of Termination), the Company shall continue to provide benefits under such health plan on the same basis as for an employee of the Company for a period of up to two (2) years (as determined below) starting from the Date of Termination. Each continued health benefit described herein shall cease upon the earliest of: (i) two years from the Date of Termination; (ii) the Executive’s 65th birthday; or (iii) the Executive’s eligibility for the same type of health benefit (i.e., medical, dental or vision coverage) under a subsequent employer’s group health plans. Any period of participation hereunder shall not be subtracted from the period of months for which the Executive is eligible for benefits under the Consolidated Omnibus Budget Reconciliation Act of 1985 (“"COBRA”"). As such, upon the cessation of coverage under this Section 6(a)(iii)(A), the Executive shall be entitled to elect continued coverage under COBRA (at the Executive’s 's sole expense) for the full period the Executive would have otherwise been entitled to had the Executive’s qualifying event (within the meaning of COBRA) occurred on the date of such cessation of coverage. The Executive shall not participate in any other Company sponsored welfare benefit plans after the termination of employment. (B) In addition, if upon termination of employment the Executive has completed at least seven (7) years of service with the Company, the Executive shall continue to have the right to participate in group health plans as and if offered to former employees whose employment terminated at or after age 55 with ten (10) or more years of service on the same terms and conditions as for such former employees including premium contributions from the Executive as in effect from time to time. Such right to participate shall apply from the time such coverage would otherwise terminate pursuant to Section 6(a)(iii)(A) and shall continue until the Executive attains age 65; thereafter the Executive may participate in the Company’s Retiree Health Plan as and if it may exist from time to time in the future (provided, not more than seven (7) years of service shall be required for eligibility thereunder), if he would be eligible to participate pursuant to the terms of that Plan; provided, however, that such coverage shall not be provided to the extent the Executive is entitled to retiree benefits from The Coca-Cola Company, on a benefit-by-benefit and coverage-by-coverage basis, that duplicates the retiree benefits available to the Executive by the Company. The parties acknowledge that the amounts and benefits provided in this Section 6(a) constitute a reasonable estimate of and compensation for any damages the Executive may suffer as the result of his termination of employment under this Agreement. If the Executive does not execute, or having executed, effectively revokes the Release, the Company will not be obligated to provide any benefits or payments of any kind to the Executive.

Medical/Dental Plans Component. (A) The For a period of three (3) years, the Company shall provide the Executive with the benefits described in either paragraph (1) or (2) below, as followsshall: (1) if the Executive participated in a company self-insured medical plan (which does not satisfy the requirements of Section 105(h)(2)) immediately prior to the Date of Termination, then (a) pay to the Executive shall have the right to continue in such plan for a period of up to two (2) years (as determined below) following the date on which his coverage would otherwise terminate under such plan on account of termination of employment by paying the Executive’s portion of the applicable premiums (or the entire amount of such applicable premiums if the Company’s payments under (b) below are paid directly to the Executive), without for this purpose taking into account any health care continuation rights under COBRA (as defined below) and (b) the Company shall pay or cause to have paid on the Executive’s behalf an amount equal to the sum of (x) the Company’s portion of the premiums premium payable for a period of up to two (2) years (as determined below) starting from the Date of Termination, under the Company’s group health plans for providing Medical Insurance Coverage health benefits (i.e., medical, dental and vision benefits) to the Executive and to those family members covered through the Executive under the Medical Insurance Coverage in effect Company’s group health plans at the time of the commencement of the Separation Period. Such , such coverage described in (a) above shall to be provided under the group health plans in which Executive and his covered family members are participating at the time of the commencement of the Separation Period or subsequently elect in accordance with the Company’s applicable established procedures. Subject procedures (reduced by any amounts which Executive is required to Section 4(dpay for such health benefit coverage as described in further detail below), and (y) an additional amount (the “Gross-Up Amount”) intended to compensate Executive for any additional taxes, if any, for which Executive may become liable as a result of the provision of the benefits described in (x) so that Executive’s after-tax income is not decreased as a result of receiving the benefits described in (x), with such Gross-Up Amount being calculated in accordance with the Company’s reasonable usual and customary procedures for determining tax gross-up payments, as such procedures may change from time to time. The Company shall pay or cause to be have paid all amounts due under this Section 6(a)(iii)(A) in up to two annual installments, with the first installment due or credited within thirty (30) 30 days after the Date of Termination and a subsequent installment installments being made or credited on the anniversary thereof; provided, however, that either installment shall subsequent installments may be pro-rated reduced or eliminated to the extent that Executive becomes eligible for other health coverage through a subsequent employer or reaches the age of 65 years during the year covered by the installmentemployer; or (2) if paragraph (1) above is not applicable (because the Executive participated in a health benefit program to which Section 105(h) is not applicable, such as the Company’s HMO immediately prior to the Date of Termination), the Company shall continue to provide benefits under such health plan on the same basis as for an employee of the Company for a period Company. The purpose of up providing the benefits pursuant to two (2this Section 6(a)(iii)(A) years (as determined below) starting from shall be to provide the Date of Termination. Each continued health benefit described herein shall cease upon the earliest of: (i) two years from the Date of Termination; (ii) Executive and/or the Executive’s 65th birthday; or (iii) covered family members with continued health benefits at least equal to those which would have been provided to them in accordance with the Company’s health plans, programs, practices and policies if the Executive’s eligibility for the same type of health benefit employment had not been terminated (i.e., medical, dental or vision coverage) under a subsequent employer’s group health plans. Any period of participation hereunder shall not be subtracted from the period of months for which with such contributions by the Executive is eligible for benefits under the Consolidated Omnibus Budget Reconciliation Act of 1985 (“COBRA”). As such, upon the cessation of coverage under this Section 6(a)(iii)(A), the Executive shall be entitled to elect continued coverage under COBRA (at the Executive’s sole expense) for the full period the Executive as would have otherwise been entitled to required had the Executive’s qualifying event (within the meaning of COBRA) occurred on the date of such cessation of coverageemployment not been terminated). The Executive shall not participate in any other Company sponsored welfare benefit plans after the termination of employment. (B) In addition, if upon termination of employment the Executive shall continue to have has completed at least seven (7) years of service with the Company, continuation of the right to participate in group health plans Medical and/or Dental Plans as and if offered to former employees whose employment terminated at or after age 55 with ten (10) or more years of service on the same terms and conditions as for such former employees including premium contributions from the Executive as in effect from time to time. Such right to participate shall apply from the time such coverage would otherwise terminate pursuant to Section 6(a)(iii)(A) and shall continue until the Executive attains age 65; thereafter the Executive may participate in the Company’s Retiree Health Plan as and if it may exist from time to time in the future (provided, not more than seven (7) years of service shall be required for eligibility thereunder), if he would be eligible to participate pursuant to the terms of that Plan; provided, however, that such coverage shall not be provided to the extent the Executive is entitled to retiree benefits from The Coca-Cola Company, on a benefit-by-benefit and coverage-by-coverage basis, that duplicates the retiree benefits available to the Executive by the Company. The parties acknowledge that the amounts and benefits provided in this Section 6(a) constitute a reasonable estimate of and compensation for any damages the Executive may suffer as the result of his termination of employment under this Agreement. If the Executive does not execute, or having executed, effectively revokes the Release, the Company will not be obligated to provide any benefits or payments of any kind to the Executive.