Service Credit for Employee Transfers. Subject to the terms of any applicable Collective Bargaining Agreement, the U.S. Benefit Plans and Non-U.S. Plans will provide the following service crediting rules effective as of the Distribution Date: (a) From and after the Distribution Date, Fortrea will, and will cause its Affiliates (including the members of the Fortrea Group) and successors to, provide credit under the Fortrea U.S. Plans and Fortrea Non-U.S. Plans to each Fortrea Employee for service with the Labcorp Group (including, prior to the Distribution, the Fortrea Group and any predecessors of any member thereof) prior to the Distribution Date for purposes of eligibility, vesting, and benefit accrual under the appropriate Fortrea U.S. Plans and Fortrea Non-U.S. Plans in which the Fortrea Employee is otherwise eligible, subject to the terms of those plans; provided, however, that service will not be recognized to the extent that such recognition would result in the duplication of benefits. (b) A Delayed Transfer Employee’s service with the Labcorp Group or the Fortrea Group (as applicable) following the Distribution will be recognized for purposes of eligibility, vesting and benefit accrual under the appropriate Labcorp U.S. Plans or Labcorp Non-U.S. Plans or Fortrea U.S. Plans or Fortrea Non-U.S. Plans for which they are otherwise eligible, subject to the terms of those plans; provided, however, that service will not be recognized to the extent that such recognition would result in the duplication of benefits. (c) Except as provided in Section 4.01(b), with respect to an employee hired by the Labcorp Group or the Fortrea Group after the Distribution Date, the U.S. Benefit Plans and Non-U.S. Plans of the Labcorp Group for employees hired by the Labcorp Group, or the Fortrea Group for employees hired by the Fortrea Group, will determine each such hired employee’s service credit in accordance with the terms of the Labcorp Group’s service restoration policies (if any) in the case of employees hired by the Labcorp Group and in accordance with the terms of the Fortrea Group’s service restoration policies (if any), in the case of employees hired by the Fortrea Group.
Appears in 4 contracts
Samples: Employee Matters Agreement (Laboratory Corp of America Holdings), Employee Matters Agreement (Fortrea Holdings Inc.), Employee Matters Agreement (Fortrea Holdings Inc.)
Service Credit for Employee Transfers. Subject to the terms of any applicable Collective Bargaining Agreement, the U.S. Benefit Plans and Non-U.S. Plans will provide the following service crediting rules effective as of the Distribution Date:
(a) From and after (i) the Plan Split Date, in the case of the TimkenSteel Spinoff DB Plans, the TimkenSteel Spinoff Retiree Welfare Plans, and the TimkenSteel VEBA, and (ii) the Distribution Date, Fortrea in the case of all other TimkenSteel Benefit Plans, TimkenSteel will, and will cause its Affiliates (including the members of the Fortrea Group) and successors to, provide credit under the Fortrea U.S. Plans and Fortrea Non-U.S. TimkenSteel Benefit Plans to each Fortrea TimkenSteel Employee for service with the Labcorp Bearings Group (including, prior to the Distribution, the Fortrea Group and any predecessors of any member thereof) prior to the Distribution Date or Plan Split Date, as applicable, for purposes of eligibility, vesting, and benefit accrual service under the appropriate Fortrea U.S. Plans and Fortrea Non-U.S. TimkenSteel Benefit Plans in which the Fortrea TimkenSteel Employee is otherwise eligible, subject to the terms of those plans; provided, however, that service will not be recognized to the extent that such recognition would result in the duplication of benefitsbenefits taking into account both Bearings Benefit Plans and TimkenSteel Benefit Plans.
(b) A Delayed Transfer Employee’s service with the Labcorp TimkenSteel Group or the Fortrea Bearings Group (as applicable) following the Distribution will be recognized for purposes of eligibility, vesting and benefit accrual service under the appropriate Labcorp U.S. Bearings Benefit Plans or Labcorp Non-U.S. TimkenSteel Benefit Plans or Fortrea U.S. Plans or Fortrea Non-U.S. Plans for as appropriate in which they are otherwise eligible, subject to the terms of those plans; provided, however, that this paragraph (b) will not apply to service crediting under the Split DB Plans or TimkenSteel Spinoff DB Plans; and provided, further, that service will not be recognized to the extent that such recognition would result in the duplication of benefitsbenefits taking into account both Bearings Benefit Plans and TimkenSteel Benefit Plans.
(c) Except as provided in Section 4.01(b4.1(b), with respect to an employee hired by the Labcorp TimkenSteel Group or the Fortrea Bearings Group after the Distribution Date, the U.S. Benefit Plans and Non-U.S. Plans of the Labcorp TimkenSteel Group for employees hired by the Labcorp Group, TimkenSteel Group or the Fortrea Bearings Group for employees hired by the Fortrea Group, Bearings Group will determine each not recognize such hired employee’s service credit in accordance with the terms of the Labcorp Group’s service restoration policies (if any) in the case of Bearings Group for employees hired by the Labcorp TimkenSteel Group and in accordance with the terms of the Fortrea Group’s service restoration policies (if any), in the case of or TimkenSteel Group for employees hired by the Fortrea GroupBearings Group unless required by Law or an applicable collective bargaining agreement.
Appears in 3 contracts
Samples: Employee Matters Agreement (TimkenSteel Corp), Employee Matters Agreement (TimkenSteel Corp), Employee Matters Agreement (TimkenSteel Corp)
Service Credit for Employee Transfers. Subject to the terms of any applicable Collective Bargaining Agreement, the U.S. Benefit Plans and Non-U.S. Plans will provide the following service crediting rules effective as of the Distribution Date:
(a) From and after the Distribution Date, Fortrea Date Xxxx Xxxxxx will, and will cause its Affiliates (including the members of the Fortrea LW Group) and successors to, provide credit under the Fortrea U.S. Plans and Fortrea Non-U.S. LW Plans to each Fortrea LW Employee for service with the Labcorp ConAgra Group (including, prior to the Distribution, the Fortrea Group and any predecessors of any member thereofLW Group) prior to the Distribution Date for purposes of eligibility, vesting, and benefit accrual under the appropriate Fortrea U.S. Plans and Fortrea Non-U.S. LW Plans in which the Fortrea LW Employee is otherwise eligible, subject to the terms of those plans; provided, however, that service will not be recognized to the extent that such recognition would result in the duplication of benefitsbenefits taking into account both the ConAgra Plans and the LW Plans.
(b) A Delayed Transfer Employee’s service with the Labcorp ConAgra Group or the Fortrea LW Group (as applicable) following the Distribution will be recognized for purposes of eligibility, vesting and benefit accrual under the appropriate Labcorp U.S. ConAgra Plans or Labcorp Non-U.S. LW Plans or Fortrea U.S. Plans or Fortrea Non-U.S. Plans for as appropriate in which they are otherwise eligible, subject to the terms of those plans; provided, however, that service will not be recognized to the extent that such recognition would result in the duplication of benefitsbenefits taking into account both the ConAgra Plans and the LW Plans.
(c) Except as provided in Section 4.01(b4.1(b), with respect to an employee hired by the Labcorp ConAgra Group or the Fortrea LW Group after the Distribution Date, the U.S. Benefit Plans and Non-U.S. Plans of the Labcorp ConAgra Group for employees hired by the Labcorp Group, ConAgra Group or the Fortrea LW Group for employees hired by the Fortrea Group, LW Group will determine each not recognize such hired employee’s service credit in accordance with the terms of the Labcorp Group’s service restoration policies (if any) in the case of LW Group for employees hired by the Labcorp ConAgra Group and in accordance with or the terms of the Fortrea Group’s service restoration policies (if any), in the case of ConAgra Group for employees hired by the Fortrea GroupLW Group unless required by Law or an applicable Collective Bargaining Agreement.
Appears in 3 contracts
Samples: Employee Matters Agreement (Lamb Weston Holdings, Inc.), Employee Matters Agreement (Lamb Weston Holdings, Inc.), Employee Matters Agreement (Lamb Weston Holdings, Inc.)
Service Credit for Employee Transfers. Subject to the terms of any applicable Collective Bargaining Agreement, the U.S. each Benefit Plans and Non-U.S. Plans Plan will provide the following service crediting rules effective as of the Distribution DateDate or, if later, the date on which such Benefit Plan first becomes effective:
(a) From and after (i) the Applicable Welfare Split Date, in the case of each Horizon Spinoff Welfare Plan, (ii) the DC Plan Split Date, in the case of the Horizon Spinoff DC Plans, (iii) the Nonqualified Plan Split Date, in the case of the Split Nonqualified Plans, (iv) the CRP Split Date, in the case of the TriMas CRP, (v) the Applicable Canadian Welfare Split Date, in the case of the Horizon Canadian Welfare Plans, and (vi) the Distribution Date, Fortrea in the case of all other Horizon Benefit Plans, Horizon will, and will cause its Affiliates (including the members of the Fortrea Group) and successors to, provide credit under the Fortrea U.S. Plans and Fortrea Non-U.S. Horizon Benefit Plans to each Fortrea Horizon Employee for service with the Labcorp TriMas Group (including, prior to the Distribution, the Fortrea Group and any predecessors of any member thereof) prior to the Distribution Date for purposes of eligibility, vesting, and benefit accrual service under the appropriate Fortrea U.S. Plans and Fortrea Non-U.S. Horizon Benefit Plans in which the Fortrea Horizon Employee is otherwise eligible, subject to the terms of those plans; provided, however, that service will not be recognized to the extent that such recognition would result in the duplication of benefitsbenefits taking into account both TriMas Benefit Plans and Horizon Benefit Plans.
(b) A Delayed Transfer Employee’s service with the Labcorp Horizon Group or the Fortrea TriMas Group (as applicable) following the Distribution will be recognized for purposes of eligibility, vesting and benefit accrual service under the appropriate Labcorp U.S. TriMas Benefit Plans or Labcorp Non-U.S. Horizon Benefit Plans or Fortrea U.S. Plans or Fortrea Non-U.S. Plans for in which they are otherwise eligible, subject to the terms of those plans; provided, however, that service will not be recognized to the extent that such recognition would result in the duplication of benefitsbenefits taking into account both TriMas Benefit Plans and Horizon Benefit Plans.
(c) Except as provided in Section 4.01(b4.1(b), with respect to an employee hired by the Labcorp Horizon Group or the Fortrea TriMas Group after the Distribution Date, the U.S. Benefit Plans and Non-U.S. Plans of the Labcorp Horizon Group for employees hired by the Labcorp Group, Horizon Group or the Fortrea TriMas Group for employees hired by the Fortrea Group, TriMas Group will determine each not recognize such hired employee’s service credit in accordance with the terms of the Labcorp Group’s service restoration policies (if any) in the case of TriMas Group for employees hired by the Labcorp Horizon Group and in accordance with the terms of the Fortrea Group’s service restoration policies (if any), in the case of or Horizon Group for employees hired by the Fortrea GroupTriMas Group unless required by Law or an applicable collective bargaining agreement.
Appears in 2 contracts
Samples: Employee Matters Agreement (Horizon Global Corp), Employee Matters Agreement (Horizon Global Corp)