Actuarial Calculation. With respect to the Material Plans and any other defined benefit pension Plans for which past service Liabilities must be assumed by Verigy or one of its Affiliates, the past service Liabilities for Non-United States Transferred Employees to be so transferred shall be calculated as of the Separation Date (or later date of employment for any Non-United States Transferred Employees whose employment with Verigy or a Verigy Subsidiary begins after the Separation Date) on an Accumulated Benefit Obligation ("ABO") SFAS 87 basis, using Agilent's May 31, 2006 interim assumptions, as set forth in Exhibit C hereto. If there is a required method for calculating Liabilities upon transfer under Applicable Local Law, such Applicable Local Law requirements will be applied. Agilent's Actuary shall make its initial determination of the Transfer Amount on or before the Separation Date. Not later than 30 days following the Distribution Date Agilent's Actuary shall make its final determination of the Transfer Amount. Verigy's Actuary shall then have a period of 30 days to review such determination for completeness and submit its findings in writing. The determination by Agilent's Actuary shall be final and binding on the parties unless and to the extent the Verigy's Actuary finds missing, incomplete or inaccurate data, in which case a revised calculation shall be performed by Agilent's Actuary using the additional, complete and accurate data within 30 days of the date that Verigy's Actuary submits its findings. Such revised calculation shall be final and binding on the parties.
Appears in 2 contracts
Sources: Employee Matters Agreement (Verigy Pte. Ltd.), Employee Matters Agreement (Verigy Ltd.)
Actuarial Calculation. With respect to the Material Plans and any other defined benefit pension Plans for which past service Liabilities must be assumed by Verigy or one of its Affiliates, the past service Liabilities for Non-United States Transferred Employees to be so transferred shall be calculated as of the Separation Date (or later date of employment for any Non-United States Transferred Employees whose employment with Verigy or a Verigy Subsidiary begins after the Separation Date) on an Accumulated Benefit Obligation ("“ABO"”) SFAS 87 basis, using Agilent's ’s May 31, 2006 interim assumptions, as set forth in Exhibit C hereto. If there is a required method for calculating Liabilities upon transfer under Applicable Local Law, such Applicable Local Law requirements will be applied. Agilent's ’s Actuary shall make its initial determination of the Transfer Amount on or before the Separation Date. Not later than 30 days following the Distribution Date Agilent's ’s Actuary shall make its final determination of the Transfer Amount. Verigy's ’s Actuary shall then have a period of 30 days to review such determination for completeness and submit its findings in writing. The determination by Agilent's ’s Actuary shall be final and binding on the parties unless and to the extent the Verigy's ’s Actuary finds missing, incomplete or inaccurate data, in which case a revised calculation shall be performed by Agilent's ’s Actuary using the additional, complete and accurate data within 30 days of the date that Verigy's ’s Actuary submits its findings. Such revised calculation shall be final and binding on the parties.
Appears in 1 contract
Sources: Employee Matters Agreement (Agilent Technologies Inc)