TERMINATION BY DST OTHER THAN FOR CAUSE. (i) DST may terminate this Agreement and Executive's employment other than for cause immediately upon notice to Executive, and in such event, DST shall provide severance benefits to Executive in accordance with Paragraph 4(d)(ii) below. (ii) In the event of termination of Executive's employment under Paragraph 4(d)(i), DST shall, for a period of twenty-four (24) months following such termination (the "Period"), (A) continue to pay to Executive a monthly amount equal to one-twelfth (1/12th) of the annual Base Salary referenced in Paragraph 2(a) above at the rate in effect immediately prior to termination, which amount shall be separation pay and (B) if Executive elects continued group medical coverage for himself and his eligible dependents pursuant to COBRA, (1) provide such continued coverage for the lesser of the COBRA continuation period or the duration of the Period, with the same deductible and out-of-pocket expenses as apply to active employees (and their eligible dependents) from time to time during the COBRA continuation coverage period, and (2) for the period beginning on the expiration of COBRA continuation coverage and ending on the last day of the Period, monthly reimburse Executive for the cost of premiums for health plan benefits comparable to such benefit plans provided to Executive at the time of termination of active employment. In addition, during the Period, DST will reimburse Executive for the cost of premiums for life insurance coverage comparable to the coverage provided to Executive during active employment pursuant to this Agreement. Notwithstanding the foregoing, any reimbursement obligation set forth in this subparagraph (but, for purposes of clarity, not including the reimbursement obligation set forth in Paragraph 7) shall lapse as of the date comparable coverage in connection with other employment is made available to Executive regardless of whether Executive participates in such alternate coverage program. DST shall reimburse Executive for any state and local income taxes due with respect to amounts paid hereunder for COBRA continuation coverage or for the cost of health or life insurance. The terms and conditions of this subparagraph shall continue until the end of the Period notwithstanding the death or disability of Executive during said period (except, in the event of death, the obligation to reimburse Executive for the cost of life insurance shall not continue). Executive shall receive, on the payment due date as provided in the DST Annual Incentive Program, any Annual Incentive earned for the performance year in which Executive's employment terminated; provided, however, that (i) such award shall be prorated to reflect only the portion of such performance year that precedes Executive's termination, and (ii) the portion of the prorated award that would otherwise have been deferred under the DST Annual Incentive Program shall be paid in cash and shall not be deferred. Notwithstanding the receipt during the Period of separation pay as provided herein and the benefits that are generally available to executive employees of DST during the Period, (a) Executive shall not be entitled to accrue or receive such benefits during the Period except as set forth herein and (b) any contributions and benefits under applicable plans with respect to the year of termination shall be based solely upon compensation paid to Executive for periods prior to termination. In the year of termination, Executive shall be entitled to participate in the DST 401(k) Profit Sharing Plan and the DST Employee Stock Ownership Plan only if the Executive meets all requirements of such plans for participation in such year.
Appears in 2 contracts
Samples: Employment Agreement (DST Systems Inc), Employment Agreement (DST Systems Inc)
TERMINATION BY DST OTHER THAN FOR CAUSE. (i) DST may terminate this Agreement and Executive's employment other than for cause immediately upon notice to Executive, and in such event, DST shall provide severance benefits to Executive in accordance with Paragraph 4(d)(ii) below.
(ii) In the event of termination of Executive's employment under Paragraph 4(d)(i), DST shall, for (A) within sixty (60) days after such termination, pay to Executive a period of lump sum amount equal to twenty-four (24) months following such termination (the "Period"), (A) continue to pay to Executive a monthly amount equal to one-twelfth (1/12th) of the annual Base Salary referenced in Paragraph 2(a) above at the rate in effect immediately prior to termination, which amount shall be separation pay pay; and (B) for a period of twenty-four (24) months following such termination (the "Period"), if Executive elects continued group medical coverage for himself and his eligible dependents pursuant to COBRA, (1) provide such continued coverage for the lesser of the COBRA continuation period or the duration of the Period, with the same deductible and out-of-pocket expenses as apply to active employees (and their eligible dependents) from time to time during the COBRA continuation coverage period, and (2) for the period beginning on the expiration of COBRA continuation coverage and ending on the last day of the Period, monthly reimburse Executive for the cost of premiums for health plan benefits comparable to such benefit plans provided to Executive at the time of termination of active employment. In addition, during the Period, DST will reimburse Executive for the cost of premiums for life insurance coverage comparable to the coverage provided to Executive during active employment pursuant to this Agreement. Notwithstanding the foregoing, any reimbursement obligation set forth in this subparagraph (but, for purposes of clarity, not including the reimbursement obligation set forth in Paragraph 7) shall lapse as of the date comparable coverage in connection with other employment is made available to Executive regardless of whether Executive participates in such alternate coverage program. DST shall reimburse Executive for any federal, state and local income taxes due with respect to amounts paid hereunder for COBRA continuation coverage or for the cost of health or life insurance. The terms and conditions of this subparagraph shall continue until the end of the Period notwithstanding the death or disability of Executive during said period (except, in the event of death, the obligation to reimburse Executive for the cost of life insurance shall not continue). Executive shall receive, on the payment due date as provided in the DST Annual Incentive Program, any Annual Incentive earned for the performance year in which Executive's employment terminated; provided, however, that (i) such award shall be prorated to reflect only the portion of such performance year that precedes Executive's termination. To the extent required by Code Section 409A and guidance issued thereunder, such award shall be deferred in accordance with any applicable deferral requirements and (ii) elections in place with respect to such award and, to the portion extent deferred, such award shall be paid pursuant to the terms of the prorated award that would otherwise have been deferred under deferral procedures in effect with respect to the DST Annual Incentive Program shall be paid in cash and shall not be deferredfrom time to time. Notwithstanding the receipt during the Period of separation pay as provided herein and the benefits that are generally available to executive employees of DST during the Period, (a) Executive shall not be entitled to accrue or receive such benefits during the Period except as set forth herein and (b) any contributions and benefits under applicable plans with respect to the year of termination shall be based solely upon compensation paid to Executive for periods prior to termination. In the year of termination, Executive shall be entitled to participate in the DST 401(k) Profit Sharing Plan and the DST Employee Stock Ownership Plan only if the Executive meets all requirements of such plans for participation in such year.
Appears in 2 contracts
Samples: Employment Agreement (DST Systems Inc), Employment Agreement (DST Systems Inc)
TERMINATION BY DST OTHER THAN FOR CAUSE. (i) DST may terminate this Agreement and Executive's employment other than for cause immediately upon notice to Executive, and in such event, DST shall provide severance benefits to Executive in accordance with Paragraph 4(d)(ii) below.
(ii) In the event of termination of Executive's employment under Paragraph 4(d)(i), DST shallshall continue, for a period of twenty-four (24) months following such termination (the "Period")termination, (A) continue to pay to Executive as severance pay a monthly amount equal to one-twelfth (1/12th) of the annual Base Salary referenced in Paragraph 2(a) above at the rate in effect immediately prior to termination, which amount shall be separation pay and and, (B) if Executive elects continued group medical coverage for himself and his eligible dependents pursuant to COBRA, (1) provide such continued coverage for the lesser of the COBRA continuation period or the duration of the Period, with the same deductible and out-of-pocket expenses as apply to active employees (and their eligible dependents) from time to time during the COBRA continuation coverage period, and (2) for the period beginning on the expiration of COBRA continuation coverage and ending on the last day of the Period, monthly reimburse Executive for the cost (including state and federal income taxes payable with respect to this reimbursement) of premiums for health plan benefits comparable to such benefit plans provided to Executive at the time of termination of active employment. In addition, during the Period, DST will reimburse Executive for the cost of premiums for life insurance obtaining coverage comparable to the coverage health and life insurance provided to Executive during active employment pursuant to this Agreement. Notwithstanding the foregoing, any reimbursement obligation set forth in this subparagraph (but, for purposes of clarity, not including the reimbursement obligation set forth in Paragraph 7) shall lapse as of the date unless Executive is provided comparable coverage in connection with other employment is made available to Executive regardless of whether Executive participates in such alternate coverage program. DST shall reimburse Executive for any state and local income taxes due with respect to amounts paid hereunder for COBRA continuation coverage or for the cost of health or life insuranceemployment. The terms and conditions foregoing obligations of this subparagraph DST shall continue until the end of the Period said twenty-four (24) month period notwithstanding the death or disability of Executive during said period (except, in the event of death, the obligation to reimburse Executive for the cost of life insurance shall not continue). Executive shall receiveAfter termination of employment, on the payment due date as provided in the DST Annual Incentive Program, any Annual Incentive earned for the performance year in which Executive's employment terminated; provided, however, that (i) such award shall be prorated to reflect only the portion of such performance year that precedes Executive's termination, and (ii) the portion of the prorated award that would otherwise have been deferred under the DST Annual Incentive Program shall be paid in cash and shall not be deferred. Notwithstanding the receipt during the Period of separation pay as provided herein and the benefits that are generally available to executive employees of DST during the Period, (a) Executive shall not be entitled to accrue or receive benefits, except, prorated, with respect to the period of Executive's employment in the year of termination, under the DST Annual Incentive Plan or similar plan with respect to the severance pay provided herein, notwithstanding that benefits under such benefits during the Period except as set forth herein and (b) any plans then are still generally available to executive employees of DST; contributions and benefits under applicable such plans with respect to the year of termination shall be based solely upon compensation paid to Executive for periods prior to termination. In the year of termination, Executive shall be entitled to participate in the DST 401(k) Profit Sharing Plan and the DST Employee Stock Ownership Plan only if the Executive meets all requirements of such plans for participation in such year.
Appears in 2 contracts
Samples: Employment Agreement (DST Systems Inc), Employment Agreement (DST Systems Inc)
TERMINATION BY DST OTHER THAN FOR CAUSE. (i) DST may terminate this Agreement and Executive's ’s employment other than for cause immediately upon notice to Executive, and in such event, DST shall provide severance benefits to Executive in accordance with Paragraph 4(d)(ii) below.
(ii) In the event of termination of Executive's ’s employment under Paragraph 4(d)(i), DST shall, for a period of twenty-four (24) months following such termination (the "Period"), (A) continue to within sixty (60) days after such termination, pay to Executive as severance pay a monthly lump sum amount equal to one-twelfth twelve (1/12th12) months of the annual Base Salary base salary referenced in Paragraph 2(a) above at the rate in effect immediately prior to termination, which amount shall be separation pay and and, (B) if Executive elects continued group medical coverage for himself and his eligible dependents pursuant to COBRAa period of twelve (12) months following such termination (the “Period”), (1) provide such continued coverage for the lesser of the COBRA continuation period or the duration of the Period, with the same deductible and out-of-pocket expenses as apply to active employees (and their eligible dependents) from time to time during the COBRA continuation coverage period, and (2) for the period beginning on the expiration of COBRA continuation coverage and ending on the last day of the Period, monthly reimburse Executive for the cost (including federal, state and local income taxes payable with respect to this reimbursement) of premiums for health plan benefits comparable to such benefit plans provided to Executive at the time of termination of active employment. In addition, during the Period, DST will reimburse Executive for the cost of premiums for life insurance obtaining coverage comparable to the coverage health and life insurance provided to Executive during active employment pursuant to this Agreement. Notwithstanding the foregoing, any reimbursement obligation set forth in this subparagraph (but, for purposes of clarity, not including the reimbursement obligation set forth in Paragraph 7) shall lapse as of the date unless Executive is provided comparable coverage in connection with other employment is made available to Executive regardless of whether Executive participates in such alternate coverage program. DST shall reimburse Executive for any state and local income taxes due with respect to amounts paid hereunder for COBRA continuation coverage or for the cost of health or life insuranceemployment. The terms and conditions foregoing obligations of this subparagraph DST shall continue until the end of the Period said twelve (12) month period notwithstanding the death or disability of Executive during said period (except, in the event of death, the obligation to reimburse Executive for the cost of life insurance shall not continue). Executive shall receive, on the payment due date as provided in the DST Annual Incentive Program, any Annual Incentive earned for the performance year in which Executive's ’s employment terminated; provided, however, that (i) such award shall be prorated to reflect only the portion of such performance year that precedes Executive's ’s termination. To the extent required by Code Section 409A and guidance issued thereunder, such award shall be deferred in accordance with any applicable deferral requirements and (ii) elections in place with respect to such award and, to the portion extent deferred, such award shall be paid pursuant to the terms of the prorated award that would otherwise have been deferred under deferral procedures in effect with respect to the DST Annual Incentive Program shall be paid in cash and shall not be deferredfrom time to time. Notwithstanding the receipt during the Period of separation pay as provided herein and the benefits that are generally available to executive employees of DST during the Period, (a) Executive shall not be entitled to accrue or receive such benefits during the Period except as set forth herein and (b) any contributions and benefits under applicable plans with respect to the year of termination shall be based solely upon compensation paid to Executive for periods prior to termination. In the year of termination, Executive shall be entitled to participate in the DST 401(k) Profit Sharing Plan and the DST Employee Stock Ownership Plan only if the Executive meets all requirements of such plans for participation in such year.
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TERMINATION BY DST OTHER THAN FOR CAUSE. (i) DST may terminate this Agreement and Executive's ’s employment other than for cause immediately upon notice to Executive, and in such event, DST shall provide severance benefits to Executive in accordance with Paragraph 4(d)(ii4(e)(ii) below; provided, however, that notwithstanding any other provision of this Agreement, the obligations in Paragraph 4(e)(ii) shall not apply unless Executive executes a general release, acceptable to DST, in favor of DST and its affiliates.
(ii) In the event of termination of Executive's ’s employment under Paragraph 4(d)(i4(e)(i), DST shall, (A) within sixty (60) days after such termination, pay to Executive a lump sum amount equal to twenty-four (24) months of the annual Base Salary at the rate in effect immediately prior to termination, which amount shall be separation pay; and (B) for a period of twenty-four (24) months following such termination (the "“Period"”), (A) continue to pay to Executive a monthly amount equal to one-twelfth (1/12th) of the annual Base Salary referenced in Paragraph 2(a) above at the rate in effect immediately prior to termination, which amount shall be separation pay and (B) if Executive elects continued group medical coverage for himself and his eligible dependents pursuant to COBRA, (1) provide such continued coverage for the lesser of the COBRA continuation period or the duration of the Period, with the same deductible and out-of-pocket expenses as apply to active employees (and their eligible dependents) from time to time during the COBRA continuation coverage period, and (2) for the period beginning on the expiration of COBRA continuation coverage and ending on the last day of the Period, monthly reimburse Executive for the cost of premiums for health plan benefits comparable to such benefit plans provided to Executive at the time of termination of active employment. In addition, during the Period, DST will reimburse Executive for the cost of premiums for life insurance coverage comparable to the coverage provided to Executive during active employment pursuant to this Agreement. Notwithstanding the foregoing, any reimbursement obligation set forth in this subparagraph (but, for purposes of clarity, not including the reimbursement obligation set forth in Paragraph 7) shall lapse as of the date comparable coverage in connection with other employment is made available to Executive regardless of whether Executive participates in such alternate coverage program. DST shall reimburse Executive for any federal, state and local income taxes due with respect to amounts paid hereunder for COBRA continuation coverage or for the cost of health or life insurance. The terms and conditions of this subparagraph shall continue until the end of the Period notwithstanding the death or disability of Executive during said period (except, in the event of death, the obligation to reimburse Executive for the cost of life insurance shall not continue). For the avoidance of doubt, neither termination of employment for disability nor assignment or deemed assignment of this Agreement to a subsidiary or affiliate of DST shall be treated as a termination without cause. Executive shall receive, on the payment due date as provided in the DST Annual Incentive Program, any Annual Incentive earned for the performance year in which Executive's ’s employment terminated; provided, however, that (i) such award shall be prorated to reflect only the portion of such performance year that precedes Executive's ’s termination. To the extent required by Code Section 409A and guidance issued thereunder, such award shall be deferred in accordance with any applicable deferral requirements and (ii) elections in place with respect to such award and, to the portion extent deferred, such award shall be paid pursuant to the terms of the prorated award that would otherwise have been deferred under deferral procedures in effect with respect to the DST Annual Incentive Program shall be paid in cash and shall not be deferredfrom time to time. Notwithstanding the receipt during the Period of separation pay as provided herein and the benefits that are generally available to executive employees of DST during the Period, (a) Executive shall not be entitled to accrue or receive such benefits during the Period except as set forth herein and (b) any contributions and benefits under applicable plans with respect to the year of termination shall be based solely upon compensation paid to Executive for periods prior to termination. In the year of termination, Executive shall be entitled to participate in the any qualified plan made available to DST 401(k) Profit Sharing Plan and the DST Employee Stock Ownership Plan employees only if the Executive meets all requirements of such plans for participation in such year.
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