Transferred Individual means any individual who, as of the Close of the Distribution Date:
Transferred Individual means any individual who, as of the Distribution Date:
(i) is actively employed by, or on a leave of absence (including those individuals receiving short-term disability benefits and those taking leave pursuant to the Family and Medical Leave Act of 1993, as amended) from, a member of the SpinCo Group (or is deemed to be so employed or on leave in accordance with an agreement between Parent and SpinCo); or
(ii) is not actively employed by, nor on a leave of absence (including those individuals receiving short-term disability benefits and those taking leave pursuant to the Family and Medical Leave Act of 1993, as amended) from, Parent or a member of the Parent Group, or SpinCo or a member of the SpinCo Group, and:
a) whose most recent (through the Distribution Date) active employment with Parent or a past or present affiliate of Parent was with a member of the SpinCo Group or the SpinCo Business, or the predecessors of such business; or
b) who otherwise is identified pursuant to a methodology approved by Parent and SpinCo, which methodology shall be consistent with the intent of the parties that former employees of Parent or a past or present affiliate of Parent and such other individuals who performed services for Parent (including non-employees) will only be aligned with SpinCo if they provided services to the SpinCo Group or SpinCo Business;
(iii) is employed by Parent as of the Distribution Date and is designated as a Transferred Individual on Appendix C; or
(iv) is a Director of Parent prior to the Distribution Date but will become a director of SpinCo immediately after the Distribution Date. An alternate payee under a qualified domestic relations order (within the meaning of Code ss. 414(p) and ERISA ss. 206(d)), alternate recipient under a qualified medical child support order (within the meaning of ERISA ss. 609(a)), beneficiary, or covered dependent, in each case, of an employee or former employee described in (i), (ii) or (iii) above shall also be a Transferred Individual with respect to the interest of such alternate payee, alternate recipient, beneficiary, or covered dependent in that employee's or former employee's benefit under the applicable Plans. Such an alternate payee, alternate recipient, beneficiary, or covered dependent shall not otherwise be considered a Transferred Individual with respect to his or her own benefits under any applicable Plans, unless he or she is a Transferred Individual by virtue of either of subparagraphs (i), (ii) ...
Transferred Individual shall only mean those individuals described in (1) above, together with those individuals that are related thereto as described below. An alternate payee under a qualified domestic relations order (within the meaning of Code (S) 414(p) and ERISA (S) 206(d)), alternate recipient under a qualified medical child support order (within the meaning of ERISA ss. 609(a)), beneficiary, or covered dependent, in each case, of an employee or former employee described in (1) or (2) above shall also be a Transferred Individual with respect to the interest of such alternate payee, alternate recipient, beneficiary, or covered dependent in that employee's or former employee's benefit under the applicable Plans. Such an alternate payee, alternate recipient, beneficiary, or covered dependent shall not otherwise be considered a Transferred Individual with respect to his or her own benefits under any applicable Plans, unless he or she is a Transferred Individual by virtue of either of subparagraphs (1) or (2) above. In addition, Equifax and Certegy may agree to designate any other individuals, or group of individuals, as Transferred Individuals. Subject to the other provisions of this definition, an individual may be a Transferred Individual pursuant to this definition regardless of whether such individual is, as of the Distribution Date, alive, actively employed, on a temporary leave of absence from active employment, on layoff, terminated from employment, retired or on any other type of employment, post-employment, or independent contract status relative to Equifax or Certegy or to an Equifax or Certegy Plan. Solely for purposes of assigning any Liabilities from Equifax to Certegy under this Agreement, an individual may be a Transferred Individual regardless of whether the individual is, or was, a common law employee, independent contractor, temporary employee, temporary service worker, consultant, freelancer, agency employee, leased employee, on-call worker, incidental worker, or nonpayroll worker of a member of the Equifax Group or of the Certegy Group or in any other employment, non-employment, or retainer arrangement or other relationship with any member of the Equifax Group or the Certegy Group. Transferred Individual includes any individual who is on an international assignment whether paid on a U.S. payroll or a payroll outside the U.S. if such individual otherwise falls within any of the above categories. Notwithstanding anything to the contrary in this definition, t...
Examples of Transferred Individual in a sentence
If the contributions received from a Transferred Individual exceed the reimbursements made to or on behalf of such Transferred Individual, the Transferred Individual shall be deemed to have a positive account balance.
In turn, if the contributions received from a Transferred Individual are less than the reimbursements made to or on behalf of such Transferred Individual, the Transferred Individual shall be deemed to have a negative account balance.
Transferred Individual includes any individual who is on an international assignment whether paid on a U.S. payroll or a payroll outside the U.S. if such individual otherwise falls within any of the above categories.
As soon as practicable after the Distribution Date, NSI and Spinco shall cooperate to replace each existing restricted stock award agreement held by a Transferred Individual with two restricted stock award agreements: one agreement with respect to the Granted Restricted Stock that becomes restricted stock in both NSI and Spinco and the other agreement with respect to the Ungranted Restricted Stock that is converted to a restricted stock Award of Spinco Common Stock under the Spinco Stock Incentive Plan.
No provision of this Agreement or the Distribution Agreement shall be construed to create any right, or accelerate entitlement, to any compensation or benefit whatsoever on the part of any Transferred Individual or other future, present, or former employee of the NSI Group or the Spinco Group under any NSI Plan or Spinco Plan or otherwise.
More Definitions of Transferred Individual
Transferred Individual any individual who (i) is a Transferred Employee or (ii) is, as of the Distribution Date, a PEI Terminee whose last employment with PEI or a subsidiary of PEI was with a Transferred Business, or (iii) is a dependent or beneficiary of any individual described in clause (i) or (ii).
Transferred Individual means any individual who, as of the Close of the Disposition Date, is either (a) then actively employed by, or then on a leave of absence from, Wireless Services or a Wireless Services Entity, or (b) is designated by mutual written agreement of AT&T and Wireless Services as a Transferred Individual. Nothing contained in this Agreement shall permit any non-employee of AT&T, Wireless Services, an AT&T Entity, or a Wireless Services Entity to participate, at any time, in any AT&T Plan or Wireless Services Plan.
Transferred Individual has the meaning set forth in Section 5.12(b).
Transferred Individual means any individual who, as of the Close of the Distribution Date (or with respect to the Technologies Pension Plan and the Technologies Supplemental Pension Plan any individual who, as of May 1, 2001) is: (a) either actively employed by or on Leave of Absence from Technologies or a Technologies Entity; or (b) neither actively employed by, nor on a Leave of Absence from, Technologies or a Technologies Entity, but who (i) was a Technologies Individual, or (ii) whose most recent active employment with Parent or a past or present Affiliate of Parent was with one of the corporate divisions constituting part of the Technologies Business, as set forth on Schedule E. Transferred Individuals shall also include the Technologies ---------- Administrative Employees from and after the Transfer Date. An alternate payee under a QDRO, an alternate recipient under a QMCSO, a beneficiary or a covered dependent, in each case, of an employee or former employee described in either of the preceding two sentences shall also be a Transferred Individual with respect to that employee's or former employee's benefit under the applicable Plans. Such an alternate payee, alternate recipient, beneficiary or covered dependent shall not otherwise be considered a Transferred Individual with respect to his or her own benefits under any applicable Plans unless he or she is a Transferred Individual by virtue of either of the first two sentences of this definition. In addition, Parent and Technologies may designate, by mutual agreement, any other individuals, or group of individuals, as Transferred Individuals. An individual may be a Transferred Individual pursuant to this definition regardless of whether such individual is or was a Technologies Individual and regardless of whether such individual is, as of the Distribution Date (or, with respect to the Technologies Pension Plan and the Technologies Supplemental Pension Plan, May 1, 2001), alive, actively employed, on a temporary Leave of Absence from active employment, on layoff, terminated from employment, retired or on any other type of employment or post-employment status relative to a Parent Plan, and regardless of whether, as of the Close of the Distribution Date (or, with respect to the Technologies Pension Plan and the Technologies Supplemental Pension Plan, May 1, 2001), such individual is then receiving any benefits from a Parent Plan.
Transferred Individual means any individual who:
(i) is actively employed by, or on a leave of absence (including, but not limited to, a leave due to short-term disability and leave pursuant to the Family and Medical Leave Act of 1993, as amended) from, Radiant in the Enterprise Business as of the Closing Date and, Immediately after the Closing Date, will be actively employed by, or on a leave of absence from, Enterprise;
(ii) is actively employed by, or on a leave of absence (including, but not limited to, a leave due to short-term disability and leave pursuant to the Family and Medical Leave Act of 1993, as amended) from, Radiant in the Enterprise Business as of the Closing Date and will continue to be employed by Radiant for a transition period after the Closing Date, with such period to be agreed upon by the parties (the “Transition Period”), and after the Transition Period will be employed by Enterprise; or
(iii) any other employee of Radiant or group of employees of Radiant designated as a Transferred Individual by agreement of the parties. An individual described in (ii) or (iii) above shall become a Transferred Individual as of the first date as of which such individual becomes employed by Enterprise.
Transferred Individual. Any individual who, as of the Establishment Date for the applicable Employee Benefit Plan maintained by Bell & Howell Company and/or its controlled group members:
Transferred Individual any individual who (i) is a Transferred Employee or (ii) is, as of the Asset Transfer Date, a Culbro Terminee (x) whose last employment with Culbro or a subsidiary of Culbro was with a Transferred Business or (y) whose employment with Culbro was primarily related to a CLR Business, or (iii) is a dependent or beneficiary of any individual described in clause (i) or (ii).