Examples of Pre-2005 Plan in a sentence
The Pre-2005 Plan shall be deemed to constitute a separate plan for purposes of Section 409A.
A Participant may alternatively elect to receive an immediate distribution, subject to a ten percent (10%) penalty and a suspension from the Plan, of all or a portion of his or her vested Pre-2005 Plan Account pursuant to Section 5.3. Any payment due hereunder from the Trust which is not paid by the Trust for any reason will be paid by the Sponsor from its general assets.
A Participant may elect to have his or her vested Pre-2005 Plan Account (or a portion thereof) paid or commence to be paid immediately upon his or her election.
Notwithstanding anything herein to the contrary, upon a Change in Control, each Participant shall become entitled to receive the entire balance of his or her Pre-2005 Plan Account in a single lump sum payment on the thirtieth (30th) day following the Change in Control (or as soon thereafter as is administratively feasible).
Such payment dates may not be accelerated, except as provided in Sections 5.1, 5.3 or 5.4. A Participant who selects payment or commencement of payment of the designated portion of his or her vested Pre-2005 Plan Account on a fixed date or dates shall receive payment of the designated portion of his or her vested Pre-2005 Plan Account at the earlier of such fixed payment date or dates (as extended, if applicable) or his or her Separation from Service with the Employer.
If such waiver election is timely made, the Participant shall receive his or her Pre-2005 Plan Account balance at the time designated in the most recent Participant Enrollment and Election Form received by the Sponsor from the Participant or, if no election as to timing of Account distribution has been made on the Participant’s Enrollment and Election Form, at the time the Participant incurs a Separation from Service with the Employer.
The only Participants in this Pre-2005 Plan are those Participants who were participants in the Pre-2005 Predecessor Plan and who are listed on a schedule maintained by the Company.
This Section 5.2(b) applies only with respect to a Participant's Pre-2005 Plan Account.
Except as provided in Section 10.3, the Committee may amend the Plan in whole or in part without the consent of Participants or Beneficiaries; provided that, effective January 1, 2009, no amendment will affect the Pre-2005 Plan unless the amendment specifically states that it applies to amounts deferred before January 1, 2005, within the meaning of Section 409A.
Participation in the Plan shall be limited to (i) a select group of management and highly compensated Employees as determined by the Administrative Committee in its sole discretion from time to time, including all Employees who are participants in the Pre-2005 Plan and (ii) all directors of the Bank.