Common use of Restoration of Forfeiture Clause in Contracts

Restoration of Forfeiture. If a Participant begins to participate in the Plan again within five years after his Separation from Service, the exact amount of any forfeiture upon his earlier Separation from Service will be restored to his Account, and will be credited to a separate subaccount. The restoration will occur on the 31st day after the Participant again begins participating in the Plan, but only if the Participant is still eligible to participate in the Plan on that date. The restored subaccount vests based on his service from both episodes of employment (and thus will almost always be partially vested immediately when the Participant again starts to participate). The vested portion of the restored subaccount will be paid to the Participant as the Participant elects in Section 5.04(a) for the payment of his new Account attributable to Company Deferrals, unless Section 5.05 or 5.06 require faster payment following the Participant’s death or a Change of Control.

Appears in 2 contracts

Samples: Apache Corp, Apache Corp

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Restoration of Forfeiture. If a Participant begins to participate in the Plan again within five years after his Separation from Service, the exact amount of any forfeiture upon his earlier Separation from Service will be restored to his Account, and will be credited to a separate subaccount. The restoration will occur on the 31st day after the Participant again begins participating in the Plan, but only if the Participant is still eligible to participate in the Plan on that date. The restored subaccount vests based on his service from both episodes of employment (and thus will almost always be partially vested immediately when the Participant again starts to participate). The vested portion of the restored subaccount will be paid to the Participant as the Participant elects in Section 5.04(asection 5.04(b) for the payment of his new Account attributable to Company Deferrals, unless Section section 5.05 or 5.06 require faster payment following the Participant’s death or a Change of ControlControl or the Participant takes a hardship withdrawal under section 5.07.

Appears in 2 contracts

Samples: Apache Corp, Apache Corp

Restoration of Forfeiture. If a Participant begins to participate in the Plan again within five years after his Separation from Service, the exact amount of any forfeiture upon his earlier Separation from Service will be restored to his Account, and will be credited to a separate subaccount. The restoration will occur on the 31st day after the Participant again begins participating in the Plan, but only if the Participant is still eligible to participate in the Plan on that date. The restored subaccount vests based on his service from both episodes of employment (and thus will almost always be partially vested immediately when the Participant again starts to participate). The vested portion of the restored subaccount will be paid to the Participant as the Participant elects in Section 5.04(a) section 5.04 for the payment of his new Account attributable to Company Deferrals, unless Section section 5.05 or 5.06 require faster payment following the Participant’s death or a Change of ControlControl or the Participant takes a hardship withdrawal under section 5.07.

Appears in 1 contract

Samples: Apache Corp

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Restoration of Forfeiture. If a Participant begins to participate in the Plan again within five years after his Separation from Service, the exact amount of any forfeiture upon his earlier Separation from Service will be restored to his Account, and will be credited to a separate subaccount. The restoration will occur on the 31st day after the Participant again begins participating in the Plan, but only if the Participant is still eligible to participate in the Plan on that date. The restored subaccount vests based on his service from both episodes of employment (and thus will almost always be partially vested immediately when the Participant again starts to participate). The vested portion of the restored subaccount will be paid to the Participant as the Participant elects in Section 5.04(asection 5.04(b) for the payment of his new Account attributable to Company Deferrals, unless Section 5.05 section 5.06 or 5.06 5.07 require faster payment following the Participant’s death or a Change of ControlControl or the Participant takes a hardship withdrawal under section 5.08.

Appears in 1 contract

Samples: Apache Corp

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