Common use of PARTICIPANT DEATH OR DISABILITY Clause in Contracts

PARTICIPANT DEATH OR DISABILITY. The 100% vesting rule under Section 5.02 of the Plan: (Choose (a) or choose one or both of (b) and (c)) (a) Does not apply. [X] (b) Applies to death. [X] (c) Applies to disability. 5.03 VESTING SCHEDULE. DEFERRAL CONTRIBUTIONS ACCOUNT/QUALIFIED MATCHING CONTRIBUTIONS ACCOUNT/QUALIFIED NONELECTIVE CONTRIBUTIONS ACCOUNT/MANDATORY CONTRIBUTIONS ACCOUNT. A Participant has a 100% Nonforfeitable interest at all times in his Deferral Contributions Account, his Qualified Matching Contributions Account, his Qualified Nonelective Contributions Account and in his Mandatory Contributions Account. REGULAR MATCHING CONTRIBUTIONS ACCOUNT/EMPLOYER CONTRIBUTIONS ACCOUNT. With respect to a Participant's Regular Matching Contributions Account and Employer Contributions Account, the Employer elects the following vesting schedule: (Choose (a) or (b); (c) and (d) are available only as additional options) (a) Immediate vesting. 100% Nonforfeitable at all times. [Note: The Employer must elect Option (a) if the eligibility conditions under Adoption Agreement Section 2.01(c) require 2 years of service or more than 12 months of employment.] TOP HEAVY SCHEDULE NON TOP HEAVY SCHEDULE (MANDATORY) (OPTIONAL) Years of Nonforfeitable Years of Nonforfeitable Service Percentage Service Percentage -------- -------------- -------- --------------

PARTICIPANT DEATH OR DISABILITY. The 100% vesting rule under Section 5.02 of the Plan: (Choose (a) or choose one or both of (b) and (c)) ) [n/a] (a) Does not apply. [X] (b) Applies to death. [X] (c) Applies to disability. 5.03 VESTING SCHEDULE. DEFERRAL CONTRIBUTIONS ACCOUNT/QUALIFIED MATCHING CONTRIBUTIONS ACCOUNT/QUALIFIED NONELECTIVE CONTRIBUTIONS ACCOUNT/MANDATORY CONTRIBUTIONS ACCOUNT. A Participant has a 100% Nonforfeitable interest at all times in his Deferral Contributions Account, his Qualified Matching Contributions Account, his Qualified Nonelective Contributions Account and in his Mandatory Contributions Account. REGULAR MATCHING CONTRIBUTIONS ACCOUNT/EMPLOYER CONTRIBUTIONS ACCOUNT. With respect to a Participant's Regular Matching Contributions Account and Employer Contributions Account, the Employer elects the following vesting schedule: (Choose (a) or (b); (c) and (d) are available only as additional options) ) [n/a] (a) Immediate vesting. 100% Nonforfeitable at all times. [Note: The Employer must elect Option (a) if the eligibility conditions under Adoption Agreement Section 2.01(c) require 2 years of service or more than 12 months of employment.] [X] (b) Graduated Vesting Schedules. TOP HEAVY SCHEDULE NON TOP HEAVY SCHEDULE (MANDATORY) (OPTIONAL) ----------------------------- ----------------------------- Years of Nonforfeitable Years of Nonforfeitable Service Percentage Service Percentage -------- ----------- -------------- -------- ------------------------- -------------- Less than 1 0% Less than 1 0% 1 100% 1 100% 2 100% 2 100% 3 100% 3 100% 4 100% 4 100% 5 100% 5 100% 6 or more 100% 6 100% 7 or more 100% [n/a] (c) Special vesting election for Regular Matching Contributions Account. In lieu of the election under Options (a) or (b), the Employer elects the following vesting schedule for a Participant's Regular Matching Contributions Account: (Choose (1) or (2)) [n/a] (1) 100% Nonforfeitable at all times.

PARTICIPANT DEATH OR DISABILITY. The 100% vesting rule under Section 5.02 of the Plan: (Choose (a) or choose one or both of (b) and (c)) ) [n/a] (a) Does not apply. [X] (b) Applies to death. [X] (c) Applies to disability. 5.03 VESTING SCHEDULE. DEFERRAL CONTRIBUTIONS ACCOUNT/QUALIFIED MATCHING CONTRIBUTIONS ACCOUNT/QUALIFIED NONELECTIVE CONTRIBUTIONS ACCOUNT/MANDATORY CONTRIBUTIONS ACCOUNT. A Participant has a 100% Nonforfeitable interest at all times in his Deferral Contributions Account, his Qualified Matching Contributions Account, his Qualified Nonelective Contributions Account and in his Mandatory Contributions Account. REGULAR MATCHING CONTRIBUTIONS ACCOUNT/EMPLOYER CONTRIBUTIONS ACCOUNT. With respect to a Participant's Regular Matching Contributions Account and Employer Contributions Account, the Employer elects the following vesting schedule: (Choose (a) or (b); (c) and (d) are available only as additional options) ) [n/a] (a) Immediate vesting. 100% Nonforfeitable at all times. [Note: The Employer must elect Option (a) if the eligibility conditions under Adoption Agreement Section 2.01(c) require 2 years of service or more than 12 months of employment.] [X] (b) Graduated Vesting Schedules. TOP HEAVY SCHEDULE NON TOP HEAVY SCHEDULE (MANDATORY) (OPTIONAL) ----------------------------- ----------------------------- Years of Nonforfeitable Years of Nonforfeitable Service Percentage Service Percentage -------- ----------- -------------- -------- ------------------------- -------------- Less than 1 0% Less than 1 0% 1 0% 1 0% 2 100% 2 100% 3 100% 3 100% 4 100% 4 100% 5 100% 5 100% 6 or more 100% 6 100% 7 or more 100% [n/a] (c) Special vesting election for Regular Matching Contributions Account. In lieu of the election under Options (a) or (b), the Employer elects the following vesting schedule for a Participant's Regular Matching Contributions Account: (Choose (1) or (2)) [n/a] (1) 100% Nonforfeitable at all times.

PARTICIPANT DEATH OR DISABILITY. The 100% vesting rule under Section 5.02 of the Plan: (Choose CHOOSE (aA) or choose one or both of OR CHOOSE ONE OR BOTH OF (bB) and AND (cC)) ) [ ] (a) Does not apply. [X] (b) Applies to death. [X] (c) Applies to disability. 5.03 VESTING SCHEDULE. DEFERRAL CONTRIBUTIONS ACCOUNT/QUALIFIED MATCHING CONTRIBUTIONS ACCOUNT/QUALIFIED NONELECTIVE CONTRIBUTIONS ACCOUNT/MANDATORY CONTRIBUTIONS ACCOUNT. A Participant has a 100% Nonforfeitable interest at all times in his Deferral Contributions Account, his Qualified Matching Contributions Account, his Qualified Nonelective Contributions Account and in his Mandatory Contributions Account. REGULAR MATCHING CONTRIBUTIONS ACCOUNT/EMPLOYER CONTRIBUTIONS ACCOUNT. With respect to a Participant's Regular Matching Contributions Account and Employer Contributions Account, the Employer elects the following vesting schedule: (Choose CHOOSE (aA) or OR (bB); (cC) and AND (dD) are available only as additional optionsARE AVAILABLE ONLY AS ADDITIONAL OPTIONS) (a) Immediate vesting. 100% Nonforfeitable at all times. [NoteNOTE: The Employer must elect Option THE EMPLOYER MUST ELECT OPTION (aA) if the eligibility conditions under Adoption Agreement Section 2.01(cIF THE ELIGIBILITY CONDITIONS UNDER ADOPTION AGREEMENT SECTION 2.01 (C) require REQUIRE 2 years of service or more than YEARS OF SERVICE OR MORE THAN 12 months of employmentMONTHS OF EMPLOYMENT.] [X] (b) Graduated Vesting Schedules. TOP HEAVY SCHEDULE NON TOP HEAVY SCHEDULE (MANDATORY) (OPTIONAL) Years of Nonforfeitable Years of Nonforfeitable Service Percentage Service Percentage -------- -------------- -------- --------------Less than 1 0% Less than 1 0% 1 0% 1 0% 2 20% 2 0% 3 40% 3 20% 4 60% 4 40% 5 80% 5 60% 6 or more 100% 6 80% 7 or more 100%

PARTICIPANT DEATH OR DISABILITY. The 100% vesting rule under Section 5.02 of the Plan: (Choose (a) or choose one or both of (b) and (c)) (a) Does not apply. [X[ X ] (b) Applies to death. [X[ X ] (c) Applies to disability. 5.03 VESTING SCHEDULE. DEFERRAL CONTRIBUTIONS ACCOUNT/QUALIFIED MATCHING CONTRIBUTIONS ACCOUNT/QUALIFIED NONELECTIVE CONTRIBUTIONS ACCOUNT/MANDATORY CONTRIBUTIONS ACCOUNT. A Participant has a 100% Nonforfeitable interest at all times in his Deferral Contributions Account, his Qualified Matching Contributions Account, his Qualified Nonelective Contributions Account and in his Mandatory Contributions Account. REGULAR MATCHING CONTRIBUTIONS ACCOUNT/EMPLOYER CONTRIBUTIONS ACCOUNT. With respect to a Participant's Regular Matching Contributions Account and Employer Contributions Account, the Employer elects the following vesting schedule: (Choose (a) or (b); (c) and (d) are available only as additional options) (a) Immediate vesting. 100% Nonforfeitable at all times. [Note: The Employer must elect Option (a) if the eligibility conditions under Adoption Agreement Section 2.01(c) require 2 years of service or more than 12 months of employment.] [ X ] (b) Graduated Vesting Schedules. TOP HEAVY SCHEDULE NON TOP HEAVY SCHEDULE (MANDATORY) (OPTIONAL) ------------------- ---------------------- Years of Nonforfeitable Years of Nonforfeitable Service Percentage Service Percentage -------- -------------- --------------- -------- ----------------------------- Less than 1 0 Less than 1 0 1 20 1 20 2 40 2 40 3 60 3 60 4 80 4 80 5 100 5 100 6 or more 100% 6 100 7 or more 100%

PARTICIPANT DEATH OR DISABILITY. The 100% vesting rule under Section 5.02 of the Plan: (Choose CHOOSE (aA) or choose one or both of OR CHOOSE ONE OR BOTH OF (bB) and AND (cC)) (a) Does not apply. [X] (b) Applies to death. [X] (c) Applies to disability. 5.03 VESTING SCHEDULE. DEFERRAL CONTRIBUTIONS ACCOUNT/QUALIFIED MATCHING CONTRIBUTIONS ACCOUNT/QUALIFIED NONELECTIVE CONTRIBUTIONS ACCOUNT/MANDATORY CONTRIBUTIONS ACCOUNT. A Participant has a 100% Nonforfeitable interest at all times in his Deferral Contributions Account, his Qualified Matching Contributions Account, his Qualified Nonelective Contributions Account and in his Mandatory Contributions Account. REGULAR MATCHING CONTRIBUTIONS ACCOUNT/EMPLOYER CONTRIBUTIONS ACCOUNT. With respect to a Participant's Regular Matching Contributions Account and Employer Contributions Account, the Employer elects the following vesting schedule: (Choose CHOOSE (aA) or OR (bB); (cC) and AND (dD) are available only as additional optionsARE AVAILABLE ONLY AS ADDITIONAL OPTIONS) (a) Immediate vesting. 100% Nonforfeitable at all times. [NoteNOTE: The Employer must elect Option THE EMPLOYER MUST ELECT OPTION (aA) if the eligibility conditions under Adoption Agreement Section 2.01(cIF THE ELIGIBILITY CONDITIONS UNDER ADOPTION AGREEMENT SECTION 2.01(C) require REQUIRE 2 years of service or more than YEARS OF SERVICE OR MORE THAN 12 months of employmentMONTHS OF EMPLOYMENT.] TOP HEAVY SCHEDULE NON TOP HEAVY SCHEDULE (MANDATORY) (OPTIONAL) Years of Nonforfeitable Years of Nonforfeitable Service Percentage Service Percentage -------- -------------- -------- --------------]

PARTICIPANT DEATH OR DISABILITY. The 100% vesting rule under Section 5.02 of the Plan: (Choose CHOOSE (a) or choose one or both of OR CHOOSE ONE OR BOTH OF (b) and AND (c)) (a) Does not apply. [X] . (b) Applies to death. [X] (c) Applies to disability. 5.03 VESTING SCHEDULE. DEFERRAL CONTRIBUTIONS ACCOUNT/QUALIFIED MATCHING CONTRIBUTIONS ACCOUNT/QUALIFIED NONELECTIVE CONTRIBUTIONS ACCOUNT/MANDATORY CONTRIBUTIONS ACCOUNT. A Participant has a 100% Nonforfeitable interest at all times in his Deferral Contributions Account, his Qualified Matching Contributions Account, his Qualified Nonelective Contributions Account and in his Mandatory Contributions Account. REGULAR MATCHING CONTRIBUTIONS ACCOUNT/EMPLOYER CONTRIBUTIONS ACCOUNT. With respect to a Participant's Regular Matching Contributions Account and Employer Contributions Account, the Employer elects the following vesting schedule: (Choose CHOOSE (a) or OR (b); (c) and AND (d) are available only as additional optionsARE AVAILABLE ONLY AS ADDITIONAL OPTIONS) (a) Immediate vesting. 100% Nonforfeitable at all times. [Note[ NOTE: The Employer must elect Option THE EMPLOYER MUST ELECT OPTION (a) if the eligibility conditions under Adoption Agreement Section IF THE ELIGIBILITY CONDITIONS UNDER ADOPTION AGREEMENT SECTION 2.01(c) require REQUIRE 2 years of service or more than YEARS OF SERVICE OR MORE THAN 12 months of employmentMONTHS OF EMPLOYMENT.] [X] (b) Graduated Vesting Schedules. TOP HEAVY SCHEDULE NON TOP HEAVY SCHEDULE (MANDATORY) (OPTIONAL) Years of Nonforfeitable Years of Nonforfeitable Service Percentage Service Percentage -------- -------------- ------------ -------- --------------------------

PARTICIPANT DEATH OR DISABILITY. The 100% vesting rule under Section 5.02 of the Plan: (Choose (a) or choose one or both of (b) and (c)) (a) Does not apply. [X] (b) Applies to death. [X] (c) Applies to disability. 5.03 VESTING SCHEDULE. DEFERRAL CONTRIBUTIONS ACCOUNT/QUALIFIED MATCHING CONTRIBUTIONS ACCOUNT/QUALIFIED NONELECTIVE CONTRIBUTIONS ACCOUNT/MANDATORY CONTRIBUTIONS ACCOUNT. A Participant has a 100% Nonforfeitable interest at all times in his Deferral Contributions Account, his Qualified Matching Contributions Account, his Qualified Nonelective Contributions Account and in his Mandatory Contributions Account. REGULAR MATCHING CONTRIBUTIONS ACCOUNT/EMPLOYER CONTRIBUTIONS ACCOUNT. With respect to a Participant's Regular Matching Contributions Account and Employer Contributions Account, the Employer elects the following vesting schedule: (Choose (a) or (b); (c) and (d) are available only as additional options) (a) Immediate vesting. 100% Nonforfeitable at all times. [Note: The Employer must elect Option (a) if the eligibility conditions under Adoption Agreement Section 2.01(c) require 2 years of service or more than 12 months of employment.] Horizon Health Corporation 21 8/11/97 106 [X] (b) Graduated Vesting Schedules. TOP HEAVY SCHEDULE NON TOP HEAVY SCHEDULE (MANDATORY) (OPTIONAL) Years of Nonforfeitable Years of Nonforfeitable Service Percentage Service Percentage -------- --------- -------------- -------- ----------------------- -------------- Less than 1 0% Less than 1 0% 1 0% 1 0% 2 20% 2 0% 3 40% 3 20% 4 60% 4 40% 5 80% 5 60% 6 or more 100% 6 80% 7 or more 100%