Treatment of Other Liabilities, Recoveries and Adjustments. For purposes of applying the claim Liability provisions of clause (ii) above as it relates to retiree medical and dental claims: (A) recoveries made by the Duke Energy Welfare Plans or Duke Energy with respect to claims incurred prior to the Distribution Date, including subrogation/reimbursement recoveries, claim adjustment recoveries and demutualization proceeds, shall be taken into account as positive claim adjustments; and (B) other non-routine claim Liabilities paid by the Duke Energy Welfare Plans or Duke Energy with respect to claims incurred prior to the Distribution Date, including Medicare Secondary Payer Liability, shall be taken into account as claim Liabilities.
Appears in 4 contracts
Samples: Employee Matters Agreement (Duke Energy CORP), Employee Matters Agreement (Spectra Energy Corp.), Employee Matters Agreement (Spectra Energy Corp.)
