Section 409A Disability definition
Section 409A Disability means a US Grantee who becomes disabled within the meaning of Section 409A(a)(2)(C) of the Code.
Section 409A Disability means the inability of the Executive to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to result in death or can be expected to last for a continuous period of not less than 12 months. The Executive shall also be treated as having a “Section 409A Disability” if he is, by reason of a medically determinable physical or mental impairment that can be expected to result in death or can be expected to last for a continuous period of not less than 12 months, receiving income replacement benefits for a period of not less than three months under an accident and health plan covering employees of the Company.
Section 409A Disability means the inability of Employee to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to result in death or can be expected to last for a continuous period of not less than 12 months. Employee shall also be treated as having a “Section 409A Disability” if he is, by reason of a medically determinable physical or mental impairment that can be expected to result in death or can be expected to last for a continuous period of not less than 12 months, receiving income replacement benefits for a period of not less than three months under an accident and health plan covering employees of the Company.
Examples of Section 409A Disability in a sentence
If the Executive’s Separation From Service is not due to his death or his incurring a Section 409A Disability, the Company shall pay to the Executive the Additional Obligations on the date of his Separation From Service if he is not a Specified Employee or on the date that is six months following the date of his Separation From Service if he is a Specified Employee.
If the Executive’s termination of employment with the Company occurs by reason of the Executive incurring a Section 409A Disability, the Company shall pay to the Executive the Additional Obligations on the date that is 30 days following the date of the Executive’s incurring a Section 409A Disability.
For purposes of this Section 8, to the extent permitted by Code Section 409A, Disability shall have the meaning ascribed to such term in the Participant’s governing long-term disability plan, or if not so permitted, then the definition ascribed to such term in Code Section 409A.
If the disability does not qualify as a Section 409A Disability, and you have met the foregoing age and service conditions, this Section 4(f) shall not apply to you and the RSUs shall be paid (and the restrictions with respect thereto shall lapse) at the time otherwise provided for under this Agreement.
Notwithstanding the foregoing, to the extent that (i) any payment under this Agreement is payable solely upon the Employee’s Disability and (ii) such payment is treated as “deferred compensation” for purposes of Code Section 409A, Disability shall have the meaning provided in Section 1.409A-3(i)(4) of the Treasury Regulations.
More Definitions of Section 409A Disability
Section 409A Disability means a “disability” within the meaning of Section 409A.
Section 409A Disability means a “disability” within the meaning of Section 409A; and
Section 409A Disability means your inability to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to result in death or can be expected to last for a continuous period of not less than 12 months, within the meaning of Section 409A(a)(2)(c)(i) of the Internal Revenue Code.
Section 409A Disability means, with respect to Section 409A Covered Benefits, that a Participant is unable to engage in any substantial gainful activity due to a medically determinable physical or mental impairment that can be expected to result in death or last for a continuous period of not less than 12 months, as determined in accordance with the Section 409A Rules.
Section 409A Disability means either (i) the Participant is unable to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment that can be expected to result in death or can be expected to last for a continuous period of not less than 12 months, or (ii) the Participant is, by reason of any medically determinable physical or mental impairment that can be expected to result in death or can be expected to last for a continuous period of not less than 12 months, receiving income replacement benefits for a period of not less than three months under an accident and health plan of the Company or any Affiliate. For purposes of this Agreement, “employment with the Company” or being an “employee of the Company” shall include being an employee or a director of the Company or an Affiliate, and “termination of employment” shall be interpreted in a manner consistent with the concept of a “separation from service” within the meaning of Section 409A.
Section 409A Disability means the inability of the Executive to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to result in death or can be expected to last for a continuous period of not less than 12 months. The Executive shall also be treated as having a “Section 409A Disability” if he is, by reason of a medically determinable physical or mental impairment that can be expected to result in death or can be expected to last for a continuous period of not less than 12 months, receiving income replacement benefits for a period of not less than three months under an accident and health plan covering employees of the Company. The Company shall determine whether the Executive has incurred a Section 409A Disability. Such determination shall be supported by the written medical opinion of a medical doctor who is mutually acceptable to the Company and the Executive. In the event of the termination of the Executive’s employment pursuant to Section 6(b) in a circumstance where the Executive has not incurred a Section 409A Disability, the Company shall pay the Executive the amounts required to be paid pursuant to clauses (ii), (iii) and (iv) of this Section 8(b) within sixty (60) days following his Separation From Service if he is not a Specified Employee or on the date that is six months following the date of the Executive’s Separation from Service if he is a Specified Employee. For purposes of this Agreement, the term “Separation From Service” shall have the meaning ascribed to such term in Section 409A. The term “Specified Employee” means a person who is a “specified employee” within the meaning of Section 409A, taking into account the elections made and procedures established in resolutions adopted by the Administrative Committee. Neither the Executive nor his estate shall be permitted to specify the taxable year in which a payment described in this Section 8(b) shall be paid. In the event of the termination of the Executive’s employment pursuant to Section 6(a) or Section 6(b) the Company shall pay the Executive the Benefit Obligation at the times specified in and in accordance with the terms of the applicable employee benefit plans and compensation arrangements.
Section 409A Disability means the inability of Executive to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to result in death or can be expected to last for a continuous period of not less than 12 months. Executive shall also be treated as having a “Section 409A Disability” if he is, by reason of a medically determinable physical or mental impairment that can be expected to result in death or can be expected to last for a continuous period of not less than 12 months, receiving income replacement benefits for a period of not less