Post-Distribution Reciprocal Service Crediting. Each of EWS and SNI (acting directly or through their respective Subsidiaries or Affiliates) shall cause each of the EWS Service Plans and the SNI Service Plans, respectively, to provide the following service crediting rules effective as of the Distribution Date:
(i) If an EWS Employee who participates in any of the EWS Service Plans becomes employed by a member of the SNI Group on or after the Distribution Date, but on or before the Transition Period End Date for any corresponding SNI Service Plans (the “Service Crediting Date”) and such EWS Employee has been continuously employed by the EWS Group through the date such EWS Employee commences active employment with a member of the SNI Group, then such EWS Employee’s service with the EWS Group following the Distribution Date shall be recognized for purposes of eligibility, vesting and level of benefits under the corresponding SNI Service Plans, in each case to the same extent as such EWS Employee’s service with the EWS Group was recognized under the corresponding EWS Service Plans.
(ii) If an EWS Employee who participates in any of the EWS Service Plans becomes employed by a member of the SNI Group either (A) on or after the date that the SNI Group ceases to be an ERISA Affiliate with the EWS Group, or (B) without having been continuously employed by the EWS Group from the Distribution Date through the date such EWS Employee commences active employment with a member of the SNI Group, then the corresponding SNI Service Plans will take into consideration such individual’s service with the EWS Group and the SNI Group, in each case, prior to the Distribution Date, only to the extent required by applicable Law.
(iii) If a SNI Employee becomes employed by a member of the EWS Group prior to the Service Crediting Date and such SNI Employee is continuously employed by the SNI Group from the Distribution Date through the date such SNI Employee commences active employment with a member of the EWS Group, then such SNI Employee’s service with the SNI Group following the Distribution Date shall be recognized for purposes of eligibility, vesting and level of benefits under the corresponding EWS Service Plans.
(iv) If a SNI Employee who participates in any of the SNI Service Plans becomes employed by a member of the EWS Group either (A) on or after the date that the SNI Group ceases to be an ERISA Affiliate with the EWS Group, or (B) without having been continuously employed by the SNI Group from the Distribution Date thro...
Post-Distribution Reciprocal Service Crediting. Each of Duke Energy and Spectra Energy (acting directly or through their respective Affiliates) shall cause each of the Duke Energy Service Plans and the Spectra Energy Service Plans, respectively, to provide the following service crediting rules effective as of the Distribution Date:
(i) If a Duke Energy Employee who participates in any of the Duke Energy Service Plans becomes employed by a member of the Spectra Energy Group prior to the first anniversary of the Distribution Date (or such later date as mutually agreed to by the Parties) (the “Service Crediting Date”) and such Duke Energy Employee is continuously employed by the Duke Energy Group from the Distribution Date through the date such Duke Energy Employee commences active employment with a member of the Spectra Energy Group, then such Duke Energy Employee’s service with the Duke Energy Group following the Distribution Date shall be recognized for purposes of eligibility, vesting and level of benefits under the appropriate Spectra Energy Service Plans, in each case to the same extent as such Duke Energy Employee’s service with the Duke Energy Group was recognized under the corresponding Duke Energy Service Plans.
(ii) If a Duke Energy Employee who participates in any of the Duke Energy Service Plans becomes employed by a member of the Spectra Energy Group either (A) on or after the Service Crediting Date or (B) without having been continuously employed by the Duke Energy Group from the Distribution Date through the date such Duke Energy Employee commences active employment with a member of the Spectra Energy Group, then, except to the extent required by applicable Law, such individual’s service with the Duke Energy Group following the Distribution Date will not be recognized for any purpose under any Spectra Energy Service Plan.
(iii) If a Spectra Energy Employee who participates in any of the Spectra Energy Service Plans becomes employed by a member of the Duke Energy Group prior to the Service Crediting Date and such Spectra Energy Employee is continuously employed by the Spectra Energy Group from the Distribution Date through the date such Spectra Energy Employee commences active employment with a member of the Duke Energy Group, then such Spectra Energy Employee’s service with the Spectra Energy Group following the Distribution Date shall be recognized for purposes of eligibility, vesting and level of benefits under the appropriate Duke Energy Service Plans, in each case to the same extent as ...
Post-Distribution Reciprocal Service Crediting. Each of Temple-Inland, Guaranty and Forestar (acting directly or through their respective Affiliates) shall cause each of the Temple-Inland Service Plans, Guaranty Service Plans and Forestar Service Plans, respectively, to provide the following service crediting rules effective as of the Relevant Time:
(i) If a Temple-Inland Employee, Guaranty Employee or Forestar Employee, respectively, who participates in any of the Temple-Inland Service Plans, Guaranty Service Plans or Forestar Service Plans, respectively, directly transfers employment among any of the Temple-Inland Group, Guaranty Group or Forestar Group prior to the first anniversary of the Distribution Date (the “Service Crediting Date”), then such employee’s service with the group employing the employee immediately before the transfer shall be recognized for purposes of eligibility, vesting and level of benefits under the appropriate Temple-Inland Service Plans, Guaranty Service Plans and Forestar Service Plans, in each case to the same extent as such employee’s service was recognized under the corresponding service plans immediately before the transfer; provided, that, such service shall not be recognized to the extent that such recognition would result in the duplication of benefits.
(ii) If a Temple-Inland Employee, Guaranty Employee or Forestar Employee, respectively, who participates in any of the Temple-Inland Service Plans, Guaranty Service Plans or Forestar Service Plans, respectively, either transfers employment among any of the Temple-Inland Group, Guaranty Group or Forestar Group on or after the Service Crediting Date or does not directly transfer employment among such group members, then, except to the extent required by applicable Law, such employee’s service with the group employing the employee immediately before the transfer shall not be recognized for any purpose under the service plans of the post-transfer employer.
