Common use of Supplemental Executive Retirement Benefit Clause in Contracts

Supplemental Executive Retirement Benefit. Upon termination of the Executive's employment with the Company and all affiliates other than for Cause (as defined in Section 5(b) of this Agreement), a supplemental retirement benefit shall be payable in accordance with the provisions of this Section (4)(g). The annual supplemental retirement benefit, expressed in the form of a single life annuity beginning at the Executive's Normal Retirement Date as defined in The United Illuminating Company Pension Plan (the "Company's Pension Plan"), shall be the excess, if any, of (A) less (B), where (A) is 2.0% (.020) of the Executive's highest three-year average Total Compensation times his number of years of service as an employee of the Company (including any deemed service credited under this Agreement or the CIC Plan II) at termination (not to exceed thirty), and (B) is the benefit payable under the Company's Pension Plan expressed as a single life annuity commencing as of the Executive's Normal Retirement Date. For purposes of this Section, Total Compensation shall mean the Executive's Base Salary, and any amount payable to the Executive as short-term incentive compensation pursuant to the Company's annual executive incentive compensation plan. For purposes of this Section, the Executive's deemed service as an employee of the Company will be calculated by adding two additional years of service for each actual year of service worked on each of the first five anniversaries of February 23, 1998, so that as of February 23, 2003, the Executive will be deemed to be credited with fifteen years of service for purposes of calculating his supplemental retirement benefit under this Section. Subject to the requirements of Section 6(f), distribution of the supplemental retirement benefit shall be made in the month of January following the Executive's termination of service with the Company and its affiliates, but in no event earlier than six months following the Executive's termination of service. The benefit provided in this Section 4(g) shall be paid in an actuarially equivalent lump sum equal to the present value of the immediate life annuity payable as of such distribution date, unless the Executive shall have elected at least 12 months in advance of such distribution date to commence distributions in one of the other actuarially equivalent forms of benefits permitted under the Company's Pension Plan, in which case the commencement of the supplemental executive retirement benefit provided under this Section 4(g) shall be deferred, except in the case of termination due to death or disability, for a period of at least five years from the date on which such distribution otherwise would have been made. The provisions of this subsection are intended to comply with all laws applicable to the taxation of non-qualified deferred compensation, and the Company and Executive agree to revise this subsection as necessary or advisable from time to time in order to comply with changes in such laws. With the exception of the lump sum methodology noted above (i.e., the present value of an immediate annuity), the benefits payable under this Section 4(g) shall be calculated using the same definitions of actuarial equivalence, and the same early retirement reduction factors that are specified in the Pension Plan in the event that the Executive becomes entitled to payment of the supplemental retirement benefit prior to what would have been his Normal Retirement Date, except that, in the event that the Executive is credited with deemed years of service, the reductions shall be based on the Executive's service deemed as an employee of the Company. If the form of payment provides for a death benefit, such benefit shall be payable to the Executive's estate, unless another beneficiary has been designated by the Executive. If the Executive dies prior to the commencement of benefit payments, then the pre-retirement death benefit provisions of the Pension Plan shall apply to the supplemental retirement benefit payable pursuant to this Section (4)(g).

Supplemental Executive Retirement Benefit. Upon termination of the Executive's employment with the Company and all affiliates other than for Cause (as defined in Section 5(b) of this Agreement), a supplemental retirement benefit shall be payable in accordance with the provisions of this Section (4)(g). The annual supplemental retirement benefit, expressed in the form of a single life annuity beginning at the Executive's Normal Retirement Date as defined in The United Illuminating Company Pension Plan (the "Company's Pension Plan"), shall be the excess, if any, of (A) less (B), where (A) is 2.0% (.020) of the Executive's highest three-year average Total Compensation times his number of years of service as an employee of the Company (including any deemed service credited under this Agreement or the CIC Plan II) at termination (not to exceed thirty), and (B) is the benefit payable under the Company's Pension Plan expressed as a single life annuity commencing as of the Executive's Normal Retirement Date. For purposes of this Section, Total Compensation shall mean the Executive's Base Salary, and any amount payable to the Executive as short-term incentive compensation pursuant to the Company's annual executive incentive compensation plan. For purposes of this Section, the Executive's deemed service as an employee of the Company will be calculated by adding two additional years of service for each actual year of service worked on each of the first five anniversaries of February 23, 1998, so that as of February 23, 2003, the Executive will be deemed to be credited with fifteen years of service for purposes of calculating his supplemental retirement benefit under this Section. Subject to the requirements of Section 6(f), distribution of the supplemental retirement benefit shall be made in the month of January following the Executive's termination of service with the Company and its affiliates, but in no event earlier than six months following the Executive's termination of service. The benefit provided in this Section 4(g) shall be paid in an actuarially equivalent lump sum equal to the present value of the immediate life annuity payable as of such distribution datesum, unless the Executive shall have elected at least 12 months in advance of such distribution date to commence distributions in one of the other actuarially equivalent forms of benefits permitted under the Company's Pension Plan, in which case the commencement of the supplemental executive retirement benefit provided under this Section 4(g) shall be deferred, except in the case of termination due to death or disability, for a period of at least five years from the date on which such distribution otherwise would have been made. The provisions of this subsection are intended to comply with all laws applicable to the taxation of non-qualified deferred compensation, and the Company and Executive agree to revise this subsection as necessary or advisable from time to time in order to comply with changes in such laws. With the exception of the lump sum methodology noted above (i.e., the present value of an immediate annuity), the The benefits payable under this Section 4(g) shall be calculated using the same definitions of actuarial equivalence, and the same early retirement reduction factors that are specified in the Pension Plan in the event that the Executive becomes entitled to payment of the supplemental retirement benefit prior to what would have been his Normal Retirement Date, except that, in the event that the Executive is credited with deemed years of service, the reductions shall be based on the Executive's service deemed as an employee of the Company. If the form of payment provides for a death benefit, such benefit shall be payable to the Executive's estate, unless another beneficiary has been designated by the Executive. If the Executive dies prior to the commencement of benefit payments, then the pre-retirement death benefit provisions of the Pension Plan shall apply to the supplemental retirement benefit payable pursuant to this Section (4)(g).

Supplemental Executive Retirement Benefit. Upon termination (a) The Company shall provide the Executive with a non-qualified supplemental retirement benefit (“Supplemental Retirement Benefit”) payable as of the first day of the month coincident with or next following the later of Executive's employment ’s attainment of age 55 and his Separation from Service with the Company and all affiliates other than for Cause Affiliated Employers (as defined “Commencement Date”) in Section 5(bthe amount equal to the positive difference (if any) of between (x) the Tentative Benefit minus (y) the Offset Benefit. For this Agreement)purpose: (i) The Tentative Benefit, a supplemental retirement benefit shall the ACCO Pension Benefit and the Former Employer Benefit each will be payable in accordance with the provisions of this Section (4)(g). The annual supplemental retirement benefit, expressed in the normal form of a single life annuity beginning at benefit set forth under the Executive's Normal Retirement Date Pension upon the attainment of normal retirement age. For the avoidance of doubt, as defined in The United Illuminating Company Pension Plan (the "Company's Pension Plan"), shall be the excess, if any, of (A) less (B), where (A) is 2.0% (.020) of the Executive's highest three-year average Total Compensation times his date hereof, the normal form of benefit payable upon attainment of normal retirement age is a Life Annuity payable at age 65. (ii) The “Tentative Benefit” is the amount of benefit that the Executive would have accrued under the ACCO Pensions had the Executive been credited with eligibility, benefit and vesting service thereunder equal to the sum of the number of whole and partial years of service as an employee of the Company (including any deemed service that were credited under this Agreement or the CIC Plan II) at termination (not to exceed thirty), and (B) is the benefit payable under the Company's Pension Plan expressed as a single life annuity commencing as of the Executive's Normal Retirement Date. For purposes of this Section, Total Compensation shall mean the Executive's Base Salary, and any amount payable to the Executive as short-term incentive compensation pursuant to under the Company's annual executive incentive compensation plan. For purposes of this Section, the Executive's deemed service as an employee of the Company will be calculated by adding two additional Former Employer Pensions plus his whole and partial years of service for each actual year of service worked on each of the first five anniversaries of February 23, 1998, so that as of February 23, 2003, credited to the Executive will be deemed to be credited with fifteen years of service for purposes of calculating his supplemental retirement benefit under this Section. Subject to the requirements of Section 6(f), distribution of the supplemental retirement benefit shall be made in the month of January following the Executive's termination of service with the Company and its affiliatesACCO Pensions, but in no event earlier than six months following for such purpose (1) for such deemed benefit service accrued through March 31, 2006 under the Executive's termination of service. The benefit provided in this Section 4(g) shall be paid in an actuarially equivalent lump sum equal to Former Employer Pension, by applying the present value of the immediate life annuity payable as of such distribution date, unless the Executive shall have elected at least 12 months in advance of such distribution date to commence distributions in one of the other actuarially equivalent forms formula for accrual of benefits permitted under the Company's Pension Planas in effect on January 1, 2007 and (2) for such benefit service accrued under the ACCO Pensions, by applying the benefit formula as in which case effect under the commencement of the supplemental executive retirement benefit provided under this Section 4(g) shall be deferred, except in the case of termination due to death or disability, for a period of at least five years from the date on which such distribution otherwise would have been made. The provisions of this subsection are intended to comply with all laws applicable to the taxation of non-qualified deferred compensation, and the Company and Executive agree to revise this subsection as necessary or advisable Pension from time to time after March 31, 2006, in order to comply with changes each case applying such formula as is set forth in such laws. With the exception Article IV of the lump sum methodology noted above Pension (i.e.or any successor provision). For the avoidance of doubt, the present value of an immediate annuity)through December 31, the benefits payable under this Section 4(g) shall be calculated using the same definitions of actuarial equivalence2007, and the same early retirement reduction factors that are specified in the Pension Plan in the event that the Executive becomes entitled to payment for purposes of the supplemental retirement benefit prior to what would have been his Normal Retirement Date, except that, in the event that Executive’s Tentative Benefit the Executive is credited with deemed 23 years of service, the reductions shall be based on the Executive's service deemed as an employee of the Company. If the form of payment provides for a death benefit, such benefit shall be payable to the Executive's estate, unless another beneficiary has been designated by the Executive. If the Executive dies prior to the commencement and 3 months of benefit payments, then the pre-retirement death benefit provisions of the Pension Plan shall apply service and with sufficient eligibility service and vesting service to the supplemental retirement benefit payable pursuant to this Section (4)(g)be fully vested in his Tentative Benefit.

Supplemental Executive Retirement Benefit. Upon termination (a) The Company shall provide the Executive with a non-qualified supplemental retirement benefit (“Supplemental Retirement Benefit”) payable as of the first day of the month coincident with or next following the later of Executive's employment ’s attainment of age 55 and his Separation from Service with the Company and all affiliates other than for Cause Affiliated Employers (as defined “Commencement Date”) in Section 5(bthe amount equal to the positive difference (if any) of between (x) the Tentative Benefit minus (y) the Offset Benefit. For this Agreement)purpose: (i) The Tentative Benefit, a supplemental retirement benefit shall the ACCO Pension Benefit and the Former Employer Benefit each will be payable in accordance with the provisions of this Section (4)(g). The annual supplemental retirement benefit, expressed in the normal form of a single life annuity beginning at benefit set forth under the Executive's Normal Retirement Date Pension upon the attainment of normal retirement age. For the avoidance of doubt, as defined in The United Illuminating Company Pension Plan (the "Company's Pension Plan"), shall be the excess, if any, of (A) less (B), where (A) is 2.0% (.020) of the Executive's highest three-year average Total Compensation times his date hereof, the normal form of benefit payable upon attainment of normal retirement age is a Life Annuity payable at age 65. (ii) The “Tentative Benefit” is the amount of benefit that the Executive would have accrued under the ACCO Pensions had the Executive been credited with eligibility, benefit and vesting service thereunder equal to the sum of the number of whole and partial years of service as an employee of the Company (including any deemed service that were credited under this Agreement or the CIC Plan II) at termination (not to exceed thirty), and (B) is the benefit payable under the Company's Pension Plan expressed as a single life annuity commencing as of the Executive's Normal Retirement Date. For purposes of this Section, Total Compensation shall mean the Executive's Base Salary, and any amount payable to the Executive as short-term incentive compensation pursuant to under the Company's annual executive incentive compensation plan. For purposes of this Section, the Executive's deemed service as an employee of the Company will be calculated by adding two additional Former Employer Pensions plus his whole and partial years of service for each actual year of service worked on each of the first five anniversaries of February 23, 1998, so that as of February 23, 2003, credited to the Executive will be deemed to be credited with fifteen years of service for purposes of calculating his supplemental retirement benefit under this Section. Subject to the requirements of Section 6(f), distribution of the supplemental retirement benefit shall be made in the month of January following the Executive's termination of service with the Company and its affiliatesACCO Pensions, but in no event earlier than six months following for such purpose (1) for such deemed benefit service accrued through August 15, 2005 under the Executive's termination of service. The benefit provided in this Section 4(g) shall be paid in an actuarially equivalent lump sum equal to Former Employer Pensions, by applying the present value of the immediate life annuity payable as of such distribution date, unless the Executive shall have elected at least 12 months in advance of such distribution date to commence distributions in one of the other actuarially equivalent forms formula for accrual of benefits permitted under the Company's Pension Planas in effect on January 1, 2007 and (2) for such benefit service accrued under the ACCO Pensions, by applying the benefit formula as in which case effect under the commencement of the supplemental executive retirement benefit provided under this Section 4(g) shall be deferred, except in the case of termination due to death or disability, for a period of at least five years from the date on which such distribution otherwise would have been made. The provisions of this subsection are intended to comply with all laws applicable to the taxation of non-qualified deferred compensation, and the Company and Executive agree to revise this subsection as necessary or advisable Pension from time to time after August 15, 2005, in order to comply with changes each case applying such formula as is set forth in such laws. With the exception Article IV of the lump sum methodology noted above Pension (i.e.or any successor provision). For the avoidance of doubt, the present value of an immediate annuity)through December 31, the benefits payable under this Section 4(g) shall be calculated using the same definitions of actuarial equivalence2007, and the same early retirement reduction factors that are specified in the Pension Plan in the event that the Executive becomes entitled to payment for purposes of the supplemental retirement benefit prior to what would have been his Normal Retirement Date, except that, in the event that Executive’s Tentative Benefit the Executive is credited with deemed 19 years of service, the reductions shall be based on the Executive's service deemed as an employee of the Company. If the form of payment provides for a death benefit, such benefit shall be payable to the Executive's estate, unless another beneficiary has been designated by the Executive. If the Executive dies prior to the commencement and 0 months of benefit payments, then the pre-retirement death benefit provisions of the Pension Plan shall apply service and with sufficient eligibility service and vesting service to the supplemental retirement benefit payable pursuant to this Section (4)(g)be fully vested in his Tentative Benefit.

Supplemental Executive Retirement Benefit. Upon termination of the Executive's employment with the Company and all affiliates other than for Cause (as defined in Section 5(b) of this Agreement), a supplemental retirement benefit shall be payable in accordance with the provisions of this Section (4)(g). The annual supplemental retirement benefit, expressed in the form of a single life annuity beginning at the Executive's Normal Retirement Date as defined in The United Illuminating Company Pension Plan (the "“Company's Pension Plan"”), shall be the excess, if any, of (A) less (B), where (A) is 2.0% (.020) of the Executive's highest three-year average Total Compensation times his number of years of service as an employee of the Company (including any deemed service credited under this Agreement or the CIC Plan II) at termination (not to exceed thirty), and (B) is the benefit payable under the Company's Pension Plan expressed as a single life annuity commencing as of the Executive's ’s Normal Retirement Date. For purposes of this Section, Total Compensation shall mean the Executive's ’s Base Salary, and any amount payable to the Executive as short-term incentive compensation pursuant to the Company's ’s annual executive incentive compensation plan. For purposes of this Section, the Executive's deemed service as an employee of the Company will be calculated by adding two additional years of service for each actual year of service worked on each of the first five anniversaries of February 23, 1998, so that as of February 23, 2003, the Executive will be deemed to be credited with fifteen years of service for purposes of calculating his supplemental retirement benefit under this Section. Subject to the requirements of Section 6(f), distribution of the supplemental retirement benefit shall be made in the month of January following the Executive's ’s termination of service with the Company and its affiliates, but in no event earlier than six months following the Executive's termination of service. The benefit provided in this Section 4(g) and shall be paid made in an actuarially equivalent lump sum equal to the present value of the immediate life annuity payable as of such distribution datesum, unless the Executive shall have elected at least 12 months in advance of such distribution date to commence distributions in one of the other actuarially equivalent forms of benefits permitted under the Company's ’s Pension Plan, in which case the commencement of the supplemental executive retirement benefit provided under this Section 4(g) shall be deferred, except in the case of termination due to death or disability, for a period of at least five years from the date on which such distribution otherwise would have been made. The provisions of this subsection are intended to comply with all laws applicable to the taxation of non-qualified deferred compensation, and the Company and Executive agree to revise this subsection as necessary or advisable from time to time in order to comply with changes in such laws. With the exception of the lump sum methodology noted above (i.e., the present value of an immediate annuity), the The benefits payable under this Section 4(g) shall be calculated using the same definitions of actuarial equivalence, and the same early retirement reduction factors that are specified in the Pension Plan in the event that the Executive becomes entitled to payment of the supplemental retirement benefit prior to what would have been his Normal Retirement Date, except that, in the event that the Executive is credited with deemed years of service, the reductions shall be based on the Executive's service deemed as an employee of the Company. If the form of payment provides for a death benefit, such benefit shall be payable to the Executive's estate, unless another beneficiary has been designated by the Executive. If the Executive dies prior to the commencement of benefit payments, then the pre-retirement death benefit provisions of the Pension Plan shall apply to the supplemental retirement benefit payable pursuant to this Section (4)(g).

Supplemental Executive Retirement Benefit. Upon termination of the Executive's employment with the Company and all affiliates other than for Cause (as defined in Section 5(b) of this Agreement), a supplemental retirement benefit shall be payable in accordance with the provisions of this Section (4)(g). The annual supplemental retirement benefit, expressed in the form of a single life annuity beginning at the Executive's Normal Retirement Date as defined in The United Illuminating Company Pension Plan (the "“Company's Pension Plan"”), shall be the excess, if any, of (A) less (B), where (A) is 2.0% (.020) of the Executive's highest three-year average Total Compensation times his number of years of service as an employee of the Company (including any deemed service credited under this Agreement or the CIC Plan II) at termination (not to exceed thirty), and (B) is the benefit payable under the Company's Pension Plan expressed as a single life annuity commencing as of the Executive's ’s Normal Retirement Date. For purposes of this Section, Total Compensation shall mean the Executive's ’s Base Salary, and any amount payable to the Executive as short-term incentive compensation pursuant to the Company's ’s annual executive incentive compensation plan. For purposes of this Section, the Executive's deemed service as an employee of the Company will be calculated by adding two additional years of service for each actual year of service worked on each of the first five anniversaries of February 23, 1998, so that as of February 23, 2003, the Executive will be deemed to be credited with fifteen years of service for purposes of calculating his supplemental retirement benefit under this Section. Subject to the requirements of Section 6(f), distribution of the supplemental retirement benefit shall be made in the month of January following the Executive's ’s termination of service with the Company and its affiliates, but in no event earlier than six months following the Executive's ’s termination of service. The benefit provided in this Section 4(g) shall be paid in an actuarially equivalent lump sum equal to the present value of the immediate life annuity payable as of such distribution date, unless the Executive shall have elected at least 12 months in advance of such distribution date to commence distributions in one of the other actuarially equivalent forms of benefits permitted under the Company's ’s Pension Plan, in which case the commencement of the supplemental executive retirement benefit provided under this Section 4(g) shall be deferred, except in the case of termination due to death or disability, for a period of at least five years from the date on which such distribution otherwise would have been made. The provisions of this subsection are intended to comply with all laws applicable to the taxation of non-qualified deferred compensation, and the Company and Executive agree to revise this subsection as necessary or advisable from time to time in order to comply with changes in such laws. With the exception of the lump sum methodology noted above (i.e., the present value of an immediate annuity), the benefits payable under this Section 4(g) shall be calculated using the same definitions of actuarial equivalence, and the same early retirement reduction factors that are specified in the Pension Plan in the event that the Executive becomes entitled to payment of the supplemental retirement benefit prior to what would have been his Normal Retirement Date, except that, in the event that the Executive is credited with deemed years of service, the reductions shall be based on the Executive's service deemed as an employee of the Company. If the form of payment provides for a death benefit, such benefit shall be payable to the Executive's estate, unless another beneficiary has been designated by the Executive. If the Executive dies prior to the commencement of benefit payments, then the pre-retirement death benefit provisions of the Pension Plan shall apply to the supplemental retirement benefit payable pursuant to this Section (4)(g). 3. Section 6 (a) is hereby revised in its entirety to provide reference to ‘retirement’ as a condition upon which certain benefits will be paid:

Supplemental Executive Retirement Benefit. Upon termination of the Executive's employment with the Company and all affiliates other than for Cause (as defined in Section 5(b) of this Agreement), a supplemental retirement benefit shall be payable in accordance with the provisions of this Section (4)(g). The annual supplemental retirement benefit, expressed in the form of a single life annuity beginning at the Executive's Normal Retirement Date as defined in The United Illuminating Company Pension Plan (the "Company's Pension Plan"), shall be the excess, if any, of (A) less (B), where (A) is 2.01.9% (.020.019) of the Executive's highest three-year average Total Compensation times his number of years of service as an employee of the Company (including any deemed service and/or deemed age credited under this Agreement or the CIC Plan II) at termination (not to exceed thirtytwenty-five years), plus 0.1% (.001) of the Executive's highest three-year average Total Compensation times the number of years at termination in excess of twenty-five (not to exceed five) of the Executive's service as an Employee of the Company (including deemed service), and (B) is the benefit payable under the Company's Pension Plan Plan, where (A) and (B) are both expressed as a single life annuity commencing as of the Executive's Normal Retirement Date. For purposes of this Section, Total Compensation shall mean the Executive's Base Salary, and any amount payable to the Executive as short-term incentive compensation pursuant to the Company's annual executive incentive compensation plan. For purposes of this Section, the Executive's deemed service as an employee of the Company will be calculated by adding two additional years of service for each actual year of service worked on each of the first five anniversaries of February 23, 1998, so that as of February 23, 2003, the Executive will be deemed to be credited with fifteen years of service for purposes of calculating his supplemental retirement benefit under this Section. Subject to the requirements of Section 6(f), distribution of the supplemental retirement benefit shall be made in the month of January following the Executive's termination of service with the Company and its affiliates, but in no event earlier than six months following the Executive's termination of service. The benefit provided in this Section 4(g) shall be paid in an actuarially equivalent lump sum equal to the present value of the immediate life annuity payable as of such distribution datesum, unless the Executive shall have elected at least 12 months in advance of such distribution date to commence distributions in one of the other actuarially equivalent forms of benefits permitted under the Company's Pension Plan, in which case the commencement of the supplemental executive retirement benefit provided under this Section 4(g) shall be deferred, except in the case of termination due to death or disability, for a period of at least five years from the date on which such distribution otherwise would have been made. The provisions of this subsection are intended to comply with all laws applicable to the taxation of non-qualified deferred compensation, and the Company and Executive agree to revise this subsection as necessary or advisable from time to time in order to comply with changes in such laws. With the exception of the lump sum methodology noted above (i.e., the present value of an immediate annuity), the The benefits payable under this Section 4(g) shall be calculated using the same definitions of actuarial equivalence, and the same early retirement reduction factors that are specified in the Pension Plan in the event that the Executive becomes entitled to payment of the supplemental retirement benefit prior to what would have been his Normal Retirement Date, except that, in the event that the Executive is credited with deemed years of serviceservice and/or age, the reductions shall be based on the Executive's service deemed as an employee age and years of the Companyservice. If the form of payment provides for a death benefit, such benefit shall be payable to the Executive's estate, unless another beneficiary has been designated by the Executive. If the Executive dies prior to the commencement of benefit payments, then the pre-retirement death benefit provisions of the Pension Plan shall apply to the supplemental retirement benefit payable pursuant to this Section (4)(g).