Pension Benefits Each party reserves the right to retain as his or her sole and absolute separate property, the entire interest in pension benefits now vested, or that become vested in the future, and the right to manage, control, transfer, and convey all such property and dispose of the same by will, beneficiary designation or otherwise, without any interference from the other. The parties acknowledge that this Agreement shall constitute an effective waiver of any rights in the other's pension benefit plans. Furthermore, each party agrees to execute whatever additional waiver document may be necessary or useful to confirm such waiver of rights to the other party's pension benefit plans.
Retirement Benefit (i) In consideration of the Executive's past services to the Company, the Executive shall be entitled to a retirement benefit, payable monthly for his life, in an amount equal to 50 percent of his highest monthly Base Salary during the Employment Term. Such payments shall commence on the first day of the month coincident with or next following the later of the Executive's attainment of age 58 or the end of the Employment Term (the "Commencement Date"); provided, however, that if the Employment Term terminates prior to his attainment of age 58, the Executive may elect by written notice to the Company to have such payments commence on the first day of any month after such termination of employment (the "Early Commencement Date") in a monthly amount equal to the monthly amount that the Executive would have received at the Commencement Date, reduced by one-third of one percent (.33%) per month for each month by which the Early Commencement Date precedes the Commencement Date. The amount of each payment hereunder shall be increased on each January 1 following the Early Commencement Date or Commencement Date, as applicable, by an amount determined by multiplying the amount of each monthly payment made in the preceding year by the percentage increase, if any, in the cost of living from the preceding January 1, as reflected by the Consumer Price Index. The Executive's election to have his retirement benefit payments commence on the Early Commencement Date shall not affect the Company's obligation to pay consulting fees to the Executive in accordance with Section 4 hereof. The retirement benefit shall be an unconditional, but unsecured, general credit obligation of the Company to the Executive, and nothing contained in this Agreement, and no action taken pursuant to it, shall create or be construed to create a trust of any kind between the Company and the Executive. The Executive shall have no right, title or interest whatever in or to any investments which the Company may make (including, but not limited to, an insurance policy on the life of the Executive) to aid it in meeting its obligations hereunder.
(ii) From time to time, the Company shall make such contributions to the trust established under the Trust Agreement dated as of December 18, 1986 (the "1986 Trust") between the Company, as grantor, and Wixxxxx X. Xxxxxxxx, as successor trustee, to provide a sufficient reserve for the discharge of its obligation to pay the retirement benefit to the Executive as provided in clause (i) of this Section 3(c) and clauses (ii) and (iii) of Section 5(a) hereof.
Supplemental Retirement Benefit The Executive will be entitled to receive a monthly Supplemental Retirement Benefit (the "Supplemental Retirement Benefit") commencing on the first day of the month coincident with or following the later of the Executive's termination of employment or attainment of age 60 and continuing for the remainder of his life. Unless otherwise elected by the Executive, the Supplemental Retirement Benefit shall be payable in the form of a 50% joint and survivor annuity which shall be unreduced for the actuarial value of the survivor's benefit. If the Executive's spouse at the time of his death is not more than four years younger than the Executive, the survivor benefit shall be equal to 50% of the Executive's benefit and shall be payable to his spouse for the remainder of the spouse's life. If the Executive's spouse at the time of his death is more than four years younger than the Executive, the benefit payable to the spouse shall be reduced to a benefit having the same actuarial value as the benefit that would have been payable had the spouse been four years younger than the Executive. The Executive shall also have the right to elect a 100% joint and survivor annuity, on an actuarially-reduced basis or a lump-sum payment, on an actuarially-reduced basis (if the Executive makes a timely lump-sum election which avoids constructive receipt), or any other form of payment available or provided under the "Supplemental Plans" defined in this Section 8. Actuarial reductions shall be based on the actual ages of the Executive and his spouse at the time of retirement. If the Executive is not married at the time of his retirement, actuarial adjustments shall be made as if the Executive had a spouse with the same date of birth as the Executive. In the event that the Executive elects a form of payment other than the automatic 50% joint and survivor annuity or other than a lump sum payment, and remarries subsequent to retirement, the benefits payable under this Section shall be actuarially adjusted at the time of the Executive's death to reflect the age of the subsequent spouse. If the Executive elects a lump sum payment at retirement, no further benefits will be payable under this Section. The amount of the monthly retirement benefit as an unreduced 50% joint and survivor annuity shall be equal to the product of (A) the "Service Percentage" multiplied by (B) the Executive's "Final Average Compensation," with such product reduced by (C) the total monthly amount of benefits (measured for purposes of this offset as if the Executive elected a 50% joint and survivor annuity payable as of the date benefits commence under this Agreement) provided to or in respect of the Executive under all tax-qualified retirement plans and related excess benefit and other benefit restoration plans maintained by the Company or the Bank for the Executive, including the Mellon Bank Benefit Restoration Plan and the Mellon Bank IRC Section 401(a)(17) Plan (the "Supplemental Plans") and benefits paid pursuant to Section 4.7 of the Mellon Financial Corporation Elective Deferred Compensation Plan for Senior Officers, but not including payments of any compensation previously deferred under any deferred compensation plan of the Company or the Bank, or interest thereon, or payments from the Mellon Financial Corporation Retirement Savings Plan, a 401(k) plan. The Executive owns interests in life insurance policies (the "Policies") as a participant in the Mellon Bank Senior Executive Life Insurance Plan. The Supplemental Retirement Benefit payable to the Executive hereunder shall be further reduced by the Executive's interest in the cash value of the Policies. This reduction shall be calculated in the same manner as under the Supplemental Plans. In the event the United States federal income tax laws change or are interpreted so as to cause Executive's ownership interests in Policies to be subject to taxation, the Executive and the Company will negotiate in good faith to mitigate the effects of such change. The Executive shall be vested in the Supplemental Retirement Benefit provided under this Paragraph as of February 1, 1998. The Executive shall elect the form of payment of his Supplemental Retirement Benefit at the same time and subject to the same provisions (including timing requirements and all reductions and/or penalties for late elections) as provided under the Supplemental Plans. After retirement, the Executive (or beneficiary who is receiving payments) may elect to receive his remaining Supplemental Retirement Benefits which are payable hereunder in a lump sum payment, calculated in the same manner and subject to the same reductions as under the Supplemental Plans. In the event that the Executive elects a form of payment of his Supplemental Retirement Benefits which provides for payments to continue after his death and the Executive dies without having received all payments of Supplemental Retirement Benefits that may be payable hereunder, then the unpaid balance of such benefits shall be paid in accordance with the form of payment elected by the Executive. Any such remaining payments shall be made to the Executive's beneficiary provided under the Supplemental Plans, subject to any contrary written instructions from the Executive designating a different beneficiary for such payments. The Executive may also elect, upon not less than 12 months' advance written notice, to have the payment of the Supplemental Retirement Benefit commence on the first day of any month coincident with or after the later of his termination of employment or attainment of age 55. In this event, the Supplemental Retirement Benefit will be subject to an early payment reduction amount equal to 0.5% per month (6% per annum) for each month that payments commence before attainment of age 60. In the event of such retirement, the Term and the Company's obligations to make payments under Section 4 above shall cease as of the retirement date. The Executive may also elect, upon not less than 12 months' advance written notice prior to the commencement of Supplemental Retirement Benefit payments, to have the lump sum value of the Supplemental Retirement Benefit to which the Executive would otherwise be entitled applied to the purchase of a single premium annuity in a form and from an issuer selected or concurred in by the Executive. In the event of such an election by the Executive, the sole responsibilities of the Company shall be to apply the amount of the lump sum value of the Supplemental Retirement Benefit to the purchase of the annuity selected or concurred in by the Executive and the distribution of such annuity to the Executive. Thereafter, the Executive shall look solely to the issuer of the annuity for payment on account of or in connection with the Supplemental Retirement Benefit and agrees that the Company and its affiliates, and each of their officers, directors and employees, shall have no further liability in respect of the Supplemental Retirement Benefit or by reason of the application of the lump sum value as elected by the Executive or the selection of the form or issuer of the annuity. Notwithstanding the foregoing, in no event shall the Executive receive any payments under this Section 8 or be deemed to be retired from the Company while the Executive is entitled to payments under Paragraph 6(a) or Paragraph 6(b) or during any period for which the Executive receives additional service credit in respect of a "Qualifying Termination" as provided in clause (B) of the definition of "Service Percentage" below. As used in this Section 8:
Supplemental Retirement Benefits The terms and conditions for the payment of supplemental retirement benefits are set forth in a separate written agreement between the parties.
Normal Retirement Benefit Upon Termination of Employment on or after the Normal Retirement Age for reasons other than death, the Company shall pay to the Executive the benefit described in this Section 2.1 in lieu of any other benefit under this Agreement.
Survivor Benefit Upon the death of a regular employee who leaves a spouse and/or dependants enrolled in the Medical Services Plan, Dental Plan and Extended Health Benefit Plan, such enrolment may continue for twelve (12) months following the employee’s death, provided the enrolled family members pay the employee’s share of the cost of the premium for the plans. The Employer shall advise the survivor of this benefit.
Death Benefit Should Employee die during the term of employment, the Company shall pay to Employee's estate any compensation due through the end of the month in which death occurred.
Retirement Benefits Due to either investment or employment during the marriage, either the Husband or Wife: (check one)
Supplemental Pay 1. Percent To Be of Individual Step
2. Supplemental pay shall be computed based on step less $2,000. Head Football, Sr. High 12% High School Band Director 9.5% Ass't Football, Sr. High 8% Play (maximum of 2 plays per year) 3% Head Basketball, Sr. High 12% Musical Vocal 3% Ass't Basketball, Sr. High 8% Musical Drama 3% Head Wrstling, Sr. High 12% Musical Instrumental 1% Ass't Wrestling, Sr. High 8% Intramural Dir. & Supervisor 4% Head Track, Sr. High 10% Head Sponsor Yearbook 4% Ass't Track, Sr. High 7% Head Sponsor STUCO 2.5% Head Volleyball, Sr. High 10% Head Sponsor Senior Class 2.5% Ass't Volleyball, Sr. High 7% Head Sponsor Junior Class 2.5% Head Baseball, Sr. High 10% Dept. Chairman 2.5% Ass't Baseball, Sr. High 7% Head Sponsor Grizzly Spirit 2.5% Head Softball, Sr. High 10% Head Sponsor FBLA 2.5% Ass't Softball, Sr. High 7% Head Sponsor FFA 2.5% Boys' Tennis, Sr. High 8% Head Sponsor HOSA 2.5% Ass't Boys' Tennis, Sr. High 3.5% Head Sponsor FHA 2.5% Girls' Tennis, Sr. High 8% Head Sponsor VICA 2.5% Ass't Girls' Tennis, Sr. High 3.5% Head Scholar's Bowl, Sr. High 5% Xxxx, Xx. High 6% Director of Summer Conditioning 6% Ass't Golf, Sr. High 2.5% Debate 5% Cross Country, Sr. High 8% Forensics 5% Ass't Cross Country, Sr. High 3.5% Swim Coach 6% Ass't Swim Coach 2.5% Varsity Cheerleader Coach 7% Freshmen Cheerleader Coach 5% Dance Team Sponsor 5% 7th & 8th Football 6% 7th & 8th Head Scholar's Bowl 3% 7th & 8th B. Basketball 6% Elementary Yearbook Sponsor 3% 7th & 8th G. Basketball 6% Elementary Music/Band 1.5% 7th & 8th Volleyball 6% 7th & 8th Track 6% 7th & 8th Wrestling 6% Jr. High Cheerleader Sponsor 7th & 8th Ass't Coach 5% Supplemental pay for travel relative to multiple school assignments on the same school day shall be the prevailing state rate per mile, on August 1 of the current school year, for the predetermined district calculation of distance traveled from an assigned school to the next assigned school in the same school day. Travel payments shall be paid monthly for actual predetermined total miles driven by the teacher assigned to multiple buildings in a single school day, for the time period beginning the 1st of each month and concluding the last day of the same month prior to each district monthly payroll date. Altamont to Xxxxxxxx 14.06 Xxxxxxxx to Xxxx 9.76 Altamont to Xxxx 13.02 Xxxxxxxx to Xxxxx Xxxxxx 00.00 Xxxxxxxx to Meadow View 7.96 Xxxx to Xxxxx Xxxxxx 00.00 Xxxxxxxx to Mound Valley 7.46 Xxxxxxxx to LCHS 13.98 Meadow View to Xxxxxxxx 20.92 Xxxx to LCHS 13.22 Meadow View to Xxxx 20.72 Meadow View to LCHS 7.87 Meadow View to Xxxxx Xxxxxx 00.00 Xxxxx Xxxxxx to LCHS 7.66 Supplemental Pay for building level technology support and committee meetings that meet beyond the duty day and are assigned or approved in advance by the superintendent shall be compensated at $10 per hour. Supplemental Pay Summer Trip Sponsors: Sponsors who sponsor approved summer state and national trips shall be paid at the rate of $72 per day except that if the sponsor is on an extended contract the trip days to be sponsored may, at the discretion of the superintendent, be traded for extended contract days. Supplemental Pay In-School Suspension Supervising: Teachers who supervise, at the request of the building administrator, the in-school suspension after the close of the school day shall be paid at the rate of $6 per hour for the time, they supervise the students being detained. Supplemental Pay Summer School: Supplemental pay for summer school shall be at the Board approved daily substitute teacher amount for a workday no less than five (5) hours. Supplemental Pay for Curriculum Development: Supplemental pay for approved curriculum development outside the contract day shall be eleven ($11) dollars per hour employed. Supplemental Pay for Summer Institute: As funds are available annually and approved by the Board of Education, the superintendent and/or his/her designee, in consultation with the Professional Development Committee, shall schedule an in-district professional learning opportunity designated “Summer Institute” for certified staff members. Participation shall be voluntary; however, those certified staff members choosing to voluntarily participate in Summer Institute, may be required by the superintendent to participate in all or a majority of the scheduled professional learning opportunities as a condition of being allowed to participate in Summer Institute. Certified staff members choosing to participate in Summer Institute shall be compensated at a rate of no less than eleven ($11) dollars per hour. Based upon an annual review of available funding, the superintendent may recommend to the Board, a Summer Institute hourly payment, which may exceed eleven ($11) dollars per hour. Said payment, as recommended by the superintendent and Board approved, shall not obligate the Board to similar payments in future years. The Board approved payment amount for Summer Institute shall be made only to those certified staff members participating in the designated Summer Institute professional learning opportunity. Certified staff members shall not substitute other professional learning opportunities for Summer Institute payment. Supplemental Pay for Summer Driver Education: Driver’s Education instructors will be paid $150.00 per student. Supplemental Pay for National Board-Certified Teachers: The Board shall pay a $1000 annual stipend for National Board for Professional Teaching Standards, National Board-Certified Teachers during the life of the NBPTS license. This stipend shall be in addition to any state stipend for same. Professional Learning Communities: The district will provide transportation to teachers required to attend Professional Learning Community meetings in any town that is not their home school.
Defined Benefit Pension Plans The Borrower will not adopt, create, assume or become a party to any defined benefit pension plan, unless disclosed to the Lender pursuant to Section 5.10.