Common use of Post-Distribution Reciprocal Service Crediting Clause in Contracts

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 through the date such SNI Employee commences active employment with a member of the EWS Group, then the corresponding EWS 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. (v) Notwithstanding anything in this Agreement to the contrary, for the one year period commencing on the Distribution Date the EWS Service Plans and the SNI Service Plans shall provide that no break in service occurs with respect to any EWS Employee or SNI Employee who is hired or rehired by any member of the SNI Group or the EWS Group after the termination of such EWS Employee’s or SNI Employee’s employment with either the EWS Group or the SNI Group within such one year period. (vi) Notwithstanding anything in this Agreement to the contrary, the employment service with the EWS Group or the SNI Group shall not be double counted or result in duplicative benefits or service crediting under any EWS or SNI Service Plan.

Appears in 4 contracts

Samples: Employee Matters Agreement (Scripps E W Co /De), Employee Matters Agreement (Scripps Networks Interactive, Inc.), Employee Matters Agreement (Scripps Networks Interactive, Inc.)

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Post-Distribution Reciprocal Service Crediting. Each of EWS Marathon Oil and SNI Marathon Petroleum (acting directly or through their respective Subsidiaries members of the MRO Group or Affiliatesthe MPC Group, respectively) shall cause each of the EWS MRO Service Plans and the SNI MPC Service Plans, respectively, to provide the following service crediting rules effective as of the Distribution Date: (i) If Marathon Oil and Marathon Petroleum agree in writing to the transfer of an EWS MRO Employee who participates as a Delayed Transfer Employee to a member of the MPC Group, such MRO Employee was a participant in any of the EWS MRO 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 MRO Employee has been is continuously employed by the EWS MRO Group from the Distribution Date through the date which comes immediately before such EWS MRO Employee commences active employment with a member of the SNI MPC Group, then such EWS MRO Employee’s service with the EWS MRO Group following the Distribution Date shall be recognized under the corresponding MPC Service Plans for purposes of eligibility, vesting and level of benefits under the corresponding SNI Service Plansbenefits, in each case to the same extent as such EWS MRO Employee’s service with the EWS MRO Group was recognized under the corresponding EWS MRO Service Plans; provided, however, that such service shall not be recognized to the extent that such recognition would result in the duplication of benefits under an MPC Benefit Plan and an MRO Benefit Plan. (ii) If Marathon Oil and Marathon Petroleum agree in writing to the transfer of an EWS MPC Employee who participates as a Delayed Transfer Employee to a member of the MRO Group, such MPC Employee was a participant in any of the EWS MPC 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 and such MPC Employee is continuously employed by the EWS MPC Group from the Distribution Date through the date which comes immediately before such EWS MPC 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 MRO Group, then such SNI MPC Employee’s service with the SNI MPC Group following the Distribution Date shall be recognized under the corresponding MRO Service Plans for purposes of eligibility, vesting and level of benefits benefits, in each case to the same extent as such MPC Employee’s service with the MPC Group was recognized under the corresponding EWS MPC Service Plans; provided, however, that such service shall not be recognized to the extent that such recognition would result in the duplication of benefits under an MPC Benefit Plan and an MRO Benefit Plan. (iviii) If a SNI Except as provided in Section 2.5(c)(i), if an MRO Employee who participates in any of after the SNI Service Plans Distribution Date 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 MPC Group, or (B) without having been 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 Groupthen, then the corresponding EWS 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 except to the extent required by applicable Law, such individual’s service with the MRO Group following the Distribution Date will not be recognized for any purpose under any MPC Benefit Plan. (viv) Notwithstanding anything Except as provided in this Agreement to the contrarySection 2.5(c)(ii), for the one year period commencing on if an MPC Employee after the Distribution Date the EWS Service Plans and the SNI Service Plans shall provide that no break in service occurs with respect to any EWS Employee or SNI Employee who is hired or rehired becomes employed by any a member of the SNI Group or the EWS Group after the termination of such EWS Employee’s or SNI Employee’s employment with either the EWS Group or the SNI Group within such one year period. (vi) Notwithstanding anything in this Agreement MRO Group, then, except to the contraryextent required by applicable Law, the employment such individual’s service with the EWS MPC Group or following the SNI Group shall Distribution Date will not be double counted or result in duplicative benefits or service crediting recognized for any purpose under any EWS or SNI Service MRO Benefit Plan.

Appears in 3 contracts

Samples: Employee Matters Agreement, Employee Matters Agreement (Marathon Petroleum Corp), Employee Matters Agreement (Marathon Petroleum Corp)

Post-Distribution Reciprocal Service Crediting. Each of EWS NTELOS and SNI Wireline (acting directly or through their respective Subsidiaries members of the NTELOS Group or Affiliatesthe Wireline Group, respectively) shall cause each of the EWS NTELOS Service Plans and the SNI Wireline Service Plans, respectively, to provide the following service crediting rules effective as of the Distribution Date: (i) If NTELOS and Wireline agree in writing to the transfer of an EWS NTELOS Employee who participates (including a Delayed Transfer Employee) to a member of the Wireline Group, such NTELOS Employee was a participant in any of the EWS NTELOS Service Plans becomes employed by a member and such transfer is effective prior to the second anniversary of the SNI Group on Distribution Date (or after such later date as mutually agreed to in writing by the Distribution Date, but on or before the Transition Period End Date for any corresponding SNI Service Plans (the “Service Crediting Date”Parties) and such EWS NTELOS Employee has been is continuously employed by the EWS NTELOS Group from the Distribution Date through the date which comes immediately before such EWS NTELOS Employee commences active employment with a member of the SNI Wireline Group, then such EWS NTELOS Employee’s service with the EWS NTELOS Group following the Distribution Date shall be recognized under the corresponding Wireline Service Plans for purposes of eligibility, vesting and level of benefits (other than benefit accruals under the corresponding SNI Service PlansWireline Retirement Pension Plan), in each case to the same extent as such EWS NTELOS Employee’s service with the EWS NTELOS Group was recognized under the corresponding EWS NTELOS Service Plans; provided, however, that such service shall not be recognized to the extent that such recognition would result in the duplication of benefits under a Wireline Benefit Plan and an NTELOS Benefit Plan. (ii) If Except as provided in Section 2.4(b)(i), if an EWS NTELOS Employee who participates in any of after the EWS Service Plans Distribution Date becomes employed by a member of the SNI Group either (A) on or after Wireline Group, then, except to the date that the SNI Group ceases to be an ERISA Affiliate extent required by applicable Law, such individual’s service with the EWS NTELOS Group following the Distribution Date will not be recognized for any purpose under any Wireline Benefit Plan. (iii) If NTELOS and Wireline agree in writing to the transfer of a Wireline Employee to, or Delayed Transfer Employee back to, a member of the NTELOS Group, such Wireline Employee or Delayed Transfer Employee was a participant in any of the Wireline Service Plans and such transfer is effective prior to the second anniversary of the Distribution Date (Bor such later date as mutually agreed to in writing by the Parties) without having been and such Wireline Employee or Delayed Transfer Employee is continuously employed by the EWS Wireline Group from the Distribution Date or Transfer Date, as applicable, through the date which comes immediately before such EWS Wireline Employee or Delayed Transfer 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 NTELOS Group, then such SNI Wireline Employee’s or Delayed Transfer Employee’s service with the SNI Wireline Group following the Distribution Date or Transfer Date, as applicable, shall be recognized under the appropriate NTELOS Service Plans (other than benefit accruals under the NTELOS Retirement Pension Plan) for purposes of eligibility, vesting and level of benefits benefits, in each case to the same extent as such Wireline Employee’s or Delayed Transfer Employee’s service with the Wireline Group was recognized under the corresponding EWS Wireline Service Plans; provided, however, that such service shall not be recognized to the extent that such recognition would result in the duplication of benefits under a Wireline Benefit Plan and an NTELOS Benefit Plan. (iv) If Except as provided in Section 2.4(b)(iii), if a SNI Wireline Employee who participates in any of after the SNI Service Plans Distribution Date or a Delayed Transfer Employee after the applicable Transfer Date 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 NTELOS Group, or (B) without having been 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 Groupthen, then the corresponding EWS 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 except to the extent required by applicable Law. (v) Notwithstanding anything in this Agreement to , such individual’s service with the contrary, for the one year period commencing on Wireline Group following the Distribution Date the EWS Service Plans and the SNI Service Plans shall provide that no break in service occurs with respect to any EWS Employee or SNI Employee who is hired or rehired by any member of the SNI Group or the EWS Group after the termination of such EWS Employee’s or SNI Employee’s employment with either the EWS Group or the SNI Group within such one year period. (vi) Notwithstanding anything in this Agreement to the contraryTransfer Date, the employment service with the EWS Group or the SNI Group shall as applicable, will not be double counted or result in duplicative benefits or service crediting recognized for any purpose under any EWS or SNI Service NTELOS Benefit Plan.

Appears in 2 contracts

Samples: Employee Matters Agreement (Ntelos Holdings Corp), Employee Matters Agreement (NTELOS Wireline One Inc.)

Post-Distribution Reciprocal Service Crediting. Each of EWS Entergy, Enexus and SNI (acting directly or through their respective Subsidiaries or Affiliates) EquaGen shall cause each of the EWS Entergy Service Plans, Enexus Service Plans and the SNI EquaGen Service Plans, respectively, to provide the following service crediting rules effective as of the Distribution DateEffective Time: (i) If an EWS Entergy Employee or EquaGen System Employee, respectively, who participates in any of the EWS Entergy Service Plans becomes employed by a member or EquaGen Service Plans, respectively, directly transfers employment from the Entergy Group (in the case of an Entergy Employee) or EquaGen Group (in the case of an EquaGen System Employee) to the Enexus Group prior to the first anniversary 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 Employeeemployee’s service with the EWS group employing the employee immediately before the transfer (but not the service of any Entergy Employee who first transfers employment to the s EquaGen Group following and then the Distribution Date Enexus Group or of any EquaGen System Employee who first transfers employment to the Entergy Group and then the Enexus Group) shall be recognized for purposes of eligibility, vesting and level of benefits under the corresponding SNI appropriate Enexus Service Plans, in each case Plans to the same extent as such EWS Employeeemployee’s service with the EWS Group was recognized under the corresponding EWS Entergy Service PlansPlan or EquaGen Service Plan 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 Except to the extent otherwise provided in clause (i) above, if an EWS Entergy Employee, Enexus Employee or EquaGen System Employee, respectively, who participates in any of the EWS Entergy Service Plans, Enexus Service Plans becomes employed by a member or EquaGen Service Plans, respectively, either transfers employment among any of the SNI Group either (A) on or after the date that the SNI Group ceases to be an ERISA Affiliate with the EWS Entergy Group, Enexus Group or (B) without having been continuously employed by the EWS EquaGen Group from after the Distribution Date through the date or does not directly transfer employment among such EWS Employee commences active employment with a member of the SNI Groupgroup members, then the corresponding SNI Service Plans will take into consideration such individual’s service with the EWS Group and the SNI Groupthen, in each case, prior to the Distribution Date, only except 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 Employeeemployee’s service with the SNI Group following group employing the Distribution Date employee immediately before the transfer shall not be recognized for purposes of eligibility, vesting and level of benefits any purpose under the corresponding EWS Service Plans. (iv) If a SNI Employee who participates in any service plans 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 through the date such SNI Employee commences active employment with a member of the EWS Group, then the corresponding EWS 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 Lawpost-transfer employer. (v) Notwithstanding anything in this Agreement to the contrary, for the one year period commencing on the Distribution Date the EWS Service Plans and the SNI Service Plans shall provide that no break in service occurs with respect to any EWS Employee or SNI Employee who is hired or rehired by any member of the SNI Group or the EWS Group after the termination of such EWS Employee’s or SNI Employee’s employment with either the EWS Group or the SNI Group within such one year period. (vi) Notwithstanding anything in this Agreement to the contrary, the employment service with the EWS Group or the SNI Group shall not be double counted or result in duplicative benefits or service crediting under any EWS or SNI Service Plan.

Appears in 1 contract

Samples: Employee Matters Agreement (Enexus Energy CORP)

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Post-Distribution Reciprocal Service Crediting. Each of EWS Quanex and SNI Spinco (acting directly or through their respective Subsidiaries or Affiliates) shall cause each of the EWS Quanex Service Plans and the SNI Spinco Service Plans, respectively, to provide the following service crediting rules effective as of the Distribution Date: (i) If an EWS a Quanex Employee who participates in any of the EWS Quanex Service Plans becomes employed by a member of the SNI Spinco Group on or after prior to the first anniversary of the Distribution Date, but on Date (or before such later date as mutually agreed to by the Transition Period End Date for any corresponding SNI Service Plans parties) (the “Service Crediting Date”) and such EWS Quanex Employee has been is continuously employed by the EWS Quanex Group from the Distribution Date through the date such EWS Quanex Employee commences active employment with a member of the SNI Spinco Group, then such EWS Quanex Employee’s service with the EWS Quanex Group following the Distribution Date shall be recognized for purposes of eligibility, vesting and level of benefits under the corresponding SNI appropriate Spinco Service Plans, in each case to the same extent as such EWS Quanex Employee’s service with the EWS Quanex Group was recognized under the corresponding EWS Quanex Service Plans. (ii) If an EWS a Quanex Employee who participates in any of the EWS Quanex Service Plans becomes employed by a member of the SNI Spinco Group either (A) on or after the date that the SNI Group ceases to be an ERISA Affiliate with the EWS Group, Service Crediting Date or (B) without having been continuously employed by the EWS Quanex Group from the Distribution Date through the date such EWS Quanex Employee commences active employment with a member of the SNI Spinco Group, then then, except to the corresponding SNI Service Plans will take into consideration extent required by applicable law, such individual’s service with the EWS Quanex Group and the SNI Group, in each case, prior to following the Distribution Date, only to the extent required by applicable LawDate will not be recognized for any purpose under any Spinco Service Plan. (iii) If a SNI Spinco Employee who participates in any of the Spinco Service Plans becomes employed by a member of the EWS Quanex Group prior to the Service Crediting Date and such SNI Spinco Employee is continuously employed by the SNI Spinco Group from the Distribution Date through the date such SNI Spinco Employee commences active employment with a member of the EWS Quanex Group, then such SNI Spinco Employee’s service with the SNI Spinco Group following the Distribution Date shall be recognized for purposes of eligibility, vesting and level of benefits under the appropriate Quanex Service Plans, in each case to the same extent as such Spinco Employee’s service with the Spinco Group was recognized under the corresponding EWS Spinco Service Plans. (iv) If a SNI Spinco Employee who participates in any of the SNI Spinco Service Plans becomes employed by a member of the EWS Quanex Group either (A) on or after the date that the SNI Group ceases to be an ERISA Affiliate with the EWS Group, Service Crediting Date or (B) without having been continuously employed by the SNI Spinco Group from the Distribution Date through the date such SNI Spinco Employee commences active employment with a member of the EWS Quanex Group, then the corresponding EWS Quanex Service Plans will only take into consideration such individual’s service with the EWS Quanex Group and the SNI Spinco Group, in each case, prior to the Distribution DateDate and, only thus, except to the extent required by applicable Lawlaw, such Spinco Employee’s service with the Spinco Group following the Distribution Date will not be recognized for any purpose under any Quanex Service Plan. (v) Notwithstanding anything Nothing herein shall limit Quanex or Spinco or their respective Affiliates from recognizing service in this Agreement addition to the contrary, for the one year period commencing on the Distribution Date the EWS Service Plans and the SNI Service Plans shall provide that no break in recognition of service occurs with respect to any EWS Employee or SNI Employee who is hired or rehired by any member of the SNI Group or the EWS Group after the termination of such EWS Employee’s or SNI Employee’s employment with either the EWS Group or the SNI Group within such one year periodrequired hereunder. (vi) Notwithstanding anything in this Agreement to the contrary, the employment service with the EWS Group or the SNI Group shall not be double counted or result in duplicative benefits or service crediting under any EWS or SNI Service Plan.

Appears in 1 contract

Samples: Employee Matters Agreement (Quanex Corp)

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