Pre-2005 Deferrals definition

Pre-2005 Deferrals means that portion of each Participant’s Basic Benefit that was both “earned and vested” (within the meaning of Section 409A of the Internal Revenue Code of 1986, as amended (the “Code”)) as of December 31, 2004 (calculated in accordance with Section 409A of the Code and any Treasury Regulations promulgated thereunder), including any such amounts that are deferred under Article V of the Plan and any Earnings thereon.

Pre-2005 Deferrals means the portion of the Participant's Account that is not Post-2004 Deferrals.

Pre-2005 Deferrals means the portion of the Participant’s Accounts determined as of December 31, 2004, the right to which was earned and vested as of December 31, 2004, plus deemed investment earnings and losses attributable to such amounts.

Examples of Pre-2005 Deferrals in a sentence

• Notwithstanding any other provision now or hereafter included in this Plan, no amendment shall be applicable to the provisions of the Plan regarding Pre-2005 Deferrals.

• Calendar Year Subaccounts that contain Pre-2005 Deferrals, and corresponding hypothetical income, gains and losses attributable thereto, are subject to certain terms that are not applicable to Post-2004 Deferrals, as described herein.

• Notwithstanding any other provision of the Plan to the contrary, a Participant may receive payment of all or a portion of any Pre-2005 Deferrals credited to any Calendar Year Subaccount as soon as administratively practicable following the approval by the Committee of a written application for such payment which demonstrates that the Participant has incurred a severe financial hardship as a result of an unanticipated emergency beyond the control of the Participant.

• In order to protect the grandfathered status of Pre-2005 Deferrals under Section 409A, the Pre-2005 Deferrals shall at all times and in all circumstances be subject only to the provisions relating to Pre-2005 Deferrals set forth herein.

• Notwithstanding any provision of the Plan to the contrary, in the event the Committee determines that any of a Participant’s Pre-2005 Deferrals credited to any Calendar Year Subaccount are the subject of a final determination by the Internal Revenue Service that such portion is includible in the Participant’s taxable income, the applicable Pre-2005 Deferrals shall be distributed to the Participant to the extent they are so includible.

More Definitions of Pre-2005 Deferrals

Pre-2005 Deferrals means the portion of the Participant’s Account determined as of the end of December 31, 2004, the right to which was earned and vested as of the end of December 31, 2004, plus deemed investment earnings and losses attributable to such amounts.

Pre-2005 Deferrals means that portion of each Participant's Basic Benefit that was both "earned and vested" (within the meaning of Section 409A of the

Pre-2005 Deferrals means a Participant's Deferrals made prior to January 1, 2005, if and to the extent such amounts are not subject to the requirements of paragraphs (2), (3) and (4) of Section 409A(a) of the Code assuming the Plan is not materially modified as to those Deferrals after October 3, 2004.

Pre-2005 Deferrals means that portion of a Member’s Deferral Account attributable to deferrals of his Base Salary and Bonus that were accrued and 100% vested and non-forfeitable prior to January 1, 2005.

Pre-2005 Deferrals means the portion of the Participant's Account determined as of December 31, 2004, the right to which is earned and vested as of December 31, 2004, plus earnings and losses allocable to such amounts.

Pre-2005 Deferrals means Compensation and Bonus Deferrals and Employer contributions made with respect to a Participant under the Plan prior to January 1, 2005, which are not subject to the provisions of the JOBs Act and section 409A of the Code.

Pre-2005 Deferrals means the portion of the Participant’s Account that is not Post‑2004 Deferrals.