Common use of HOUR OF SERVICE Clause in Contracts

HOUR OF SERVICE. (a) Any Employee or Participant who is compensated on an hourly-rated basis shall be credited with an Hour of Service for: (i) each hour for which the Employee or Participant is either directly or indirectly paid or entitled to payment by the Employer for the performance of duties or for reasons other than for the performance of duties due to vacation, holiday, illness, incapacity (including disability), layoff, jury duty, military duty or leave of absence, whether or not the employment relationship was terminated; and (ii) each hour for which back pay has been awarded to the Employee or Participant or agreed to by the Employer, irrespective of mitigation of damages. (b) Any Employee or Participant who is compensated on a basis other than an hourly-rated basis and who, if hourly-rated, would be credited with one (1) Hour of Service pursuant to the preceding sentence, shall be credited with the number of Hours of Service as follows: (i) ten (10) hours of service per day, if compensated on a daily basis; (ii) forty-five (45) hours of service per week, if compensated on a weekly basis; (iii) ninety (90) hours of service per bi-weekly period, if compensated on a bi-weekly basis; (iv) ninety-five (95) hours of service per semi-monthly period, if compensated on a semi-monthly basis; or (v) one hundred ninety (190) hours of service per month, if compensated on a monthly basis. (c) The number of Hours of Service which shall be credited to an Employee or Participant for being entitled to payment for reasons other than for the performance of duties shall be determined under Sections 2530.200b-2(b) and (c) of the Department of Labor Regulations which are incorporated herein by this reference. The method for crediting Hours of Service under Section 1.27(b) for each Participant shall be the same method used for crediting Hours of Service for which the Participant received compensation. Notwithstanding the foregoing, not more than five hundred one (501) Hours of Service shall be credited to any Employee or Participant during any Computation Period for any single, continuous period during which the Employee or Participant performs no duties. (d) An Hour of Service performed for any other entity that is a Related Employer with respect to the Employer shall be considered an Hour of Service performed for the Employer.

HOUR OF SERVICE. (aA) Any “Hour of Service” for the purpose of participation and benefit accrual means: (1) An Employee or Participant who is compensated on an hourly-rated basis shall be credited with an Hour of Service for: (i) for each hour for which the Employee or Participant is either directly or indirectly paid paid, or entitled to payment payment, by the Employer or an affiliated Employer for the performance of duties duties, and for each hour for which the Employee is directly or indirectly paid, or entitled to such payment, by the Employer or an affiliated Employer for reasons other than for the performance of duties due to irrespective of whether the employment relationship has terminated (such as vacation, holidayholidays, illness, incapacity (including disability), layoffsickness, jury duty, disability, lay-off, military duty or leave of absence) during the applicable computation period. These hours shall include overtime hours, whether or not but credit is required to be given only for the employment relationship was terminated; andhours actually worked irrespective of any increase in the rate of pay for such hours. (ii2) each hour An Employee shall be credited with an Hour of Service for which back pay has been awarded to the Employee or Participant or agreed to by the Employer. These Hours shall be credited to the Employee for the period or periods to which the award, irrespective of agreement or payment pertains. The Hours to be credited will be determined without regard to the mitigation of damagesdamages for reasons such as the Employee’s bad faith or receipt of compensation from other sources during the period wrongfully not employed. (b) Any Employee or Participant who is compensated on a basis other than an hourly-rated basis and who, if hourly-rated, would be credited with one (1) Hour of Service pursuant to the preceding sentence, shall be credited with the number of Hours of Service as follows: (i) ten (10) hours of service per day, if compensated on a daily basis; (ii) forty-five (45) hours of service per week, if compensated on a weekly basis; (iii) ninety (90) hours of service per bi-weekly period, if compensated on a bi-weekly basis; (iv) ninety-five (95) hours of service per semi-monthly period, if compensated on a semi-monthly basis; or (v) one hundred ninety (190) hours of service per month, if compensated on a monthly basis. (c3) The number of an Employee’s Hours of Service and the Plan Year or other computation period to which shall they are to be credited to an Employee or Participant for being entitled to payment for reasons other than for the performance of duties shall be determined under in accordance with Sections 2530.200b-2(b) and (c) of the Department of Labor Rules and Regulations for Minimum Standards for Employee Pension Benefit Plans, which sections are herein incorporated herein by this reference. The method for crediting . (4) Notwithstanding the above, (1) no more than 501 Hours of Service under Section 1.27(b) for each Participant shall be the same method used for crediting Hours of Service for which the Participant received compensation. Notwithstanding the foregoing, not more than five hundred one (501) Hours of Service shall are required to be credited to an Employee on account of any Employee or Participant during any Computation Period for any single, single continuous period during which the Employee or Participant performs no dutiesduties (whether or not such period occurs in a single computation period); (2) an hour for which an Employee is directly or indirectly paid, or entitled to payment, on account of a period during which no duties are performed is not required to be credited to the Employee if such payment is made or due under a plan maintained solely for the purpose of complying with applicable worker’s compensation, or unemployment compensation or disability insurance laws; and (3) Hours of Service are not required to be credited for a payment which solely reimburses an Employee for medical or medically related expenses incurred by the Employee. (d5) An Hour Effective December 12, 1994, each hour for which an Employee is absent from work due to military service in the Armed Forces of the United States, as defined in Section 1.22, for the sole purpose of determining whether a Break in Service has occurred. Hours of Service performed for any other entity that is a Related Employer with respect pursuant to this paragraph (E) shall be credited only to the Employer extent they would have been credited but for such absence, or if such number of Hours of Service cannot be determined, at the rate of 8 Hours of Service per day of absence. In no event, however, shall the number of Hours of Service credited pursuant to this paragraph exceed the minimum number of Hours of Service needed to prevent the occurrence of a Break in Service in the Plan Year such absence begins. However, if in the Plan Year such absence begins, the Employee had earned a sufficient number of Hours of Service to prevent the occurrence of a Break in Service without regard to this paragraph the Employee shall be considered an Hour credited with the minimum number of Hours of Service performed for needed to prevent the Employeroccurrence of a Break in Service during the Plan Year which immediately follows the Plan Year in which the absence begins.

HOUR OF SERVICE. Hour of Service means: (a) Any Employee or Participant who is compensated on an hourly-rated basis shall be credited with an Hour of Service for: (i) each Each hour for which the an Employee or Participant is either directly or indirectly paid paid, or entitled to payment payment, by the an Employer for the performance of duties or for reasons other than duties. These hours shall be credited to the Employee for the performance computation period or periods in which the duties are performed; and (b) Each hour for which an Employee is paid, or entitled to payment, by an Employer on account of a period of time during which no duties due to are performed (irrespective of whether the employment relationship has terminated) vacation, holiday, illness, incapacity (including disability), layoff, jury duty, military duty or leave of absence, whether or not the employment relationship was terminated; and (ii) each hour for which back pay has been awarded to the Employee or Participant or agreed to by the Employer, irrespective of mitigation of damages. (b) Any Employee or Participant who is compensated on a basis other than an hourly-rated basis . Hours under this subsection shall be calculated and who, if hourly-rated, would be credited with one (1) Hour of Service pursuant to the preceding sentence, shall be credited with the number of Hours of Service as follows: (i) ten (10) hours of service per day, if compensated on a daily basis; (ii) forty-five (45) hours of service per week, if compensated on a weekly basis; (iii) ninety (90) hours of service per bi-weekly period, if compensated on a bi-weekly basis; (iv) ninety-five (95) hours of service per semi-monthly period, if compensated on a semi-monthly basis; or (v) one hundred ninety (190) hours of service per month, if compensated on a monthly basis. (c) The number of Hours of Service which shall be credited to an Employee or Participant for being entitled to payment for reasons other than for the performance of duties shall be determined under Sections 2530.200b-2(b) and (c) Section 2530.200b-2 of the Department of Labor Regulations which are incorporated herein by this reference; and (c) Each hour for which back pay, irrespective of mitigation of damages, has been either awarded or agreed to by an Employer. The method for crediting same Hours of Service shall not be credited both under Section 1.27(bsubsection (a) for each Participant or subsection (b), as the case may be, and under this subsection (c). These hours shall be credited to the same method used Employee for crediting the computation period or periods to which the award or agreement pertains rather than the computation period in which the award, agreement or payment is made. No more than 199 Hours of Service will be credited during any Plan Year for payments of back pay, to the extent back pay is agreed to or awarded for a period of time during which the Participant received compensationEmployee did not or would not have performed duties. Notwithstanding the foregoing, not more than five hundred one (501) Such Hours of Service shall be credited to any Employee the Plan Year or Participant during any Computation Period for any single, continuous period during Plan Years to which the Employee back pay award or Participant performs no duties. (d) An Hour of Service performed for any other entity that is a Related Employer with respect agreement pertains, rather than to the Employer Plan Year or Plan Years in which the award or agreement is made. If the Board of Trustees enters into a reciprocity agreement, any money and hours transferred to this Plan under such reciprocity agreement shall be considered an Hour credited to the Participant's Individual Participant Account. Any money and hours transferred from this Plan in accordance with such reciprocity agreement shall be removed from the records of Service performed this Plan and shall no longer be credited for the Employerpurpose of determining the value of the Participant's Individual Participant Account nor the vested status thereof.

HOUR OF SERVICE. (a) Any Employee or Participant who is compensated on an hourly-rated basis shall be credited with an Hour of Service for: (i) each Each hour for which the an Employee or Participant is either directly or indirectly paid paid, or entitled to payment by the Employer for the performance of duties or for reasons other than for the performance Employer. These hours shall be credited to the Employee only for the computation period or periods in which the duties are performed; and (b) Each hour for which an Employee is paid, or entitled to payment, by the Employer on account of a period of time during which no duties are performed (irrespective of whether the employment relationship has terminated) due to vacation, holiday, illness, incapacity (including disability), layoff, jury duty, military duty or leave of absence. No more than 501 Hours of Service shall be credited under this paragraph to an Employee on account of any single, continuous period during which the Employee performs no duties (whether or not the employment relationship was terminated; and (iisuch period occurs in a single computation period) each hour and no credit shall be given for hours for which back pay has been awarded to the Employee or Participant or agreed to no duties are performed but for which payment by the EmployerEmployer is made or due under a plan maintained solely for the purpose of complying with applicable workmen’s compensation, irrespective of mitigation of damages. (b) Any unemployment compensation, or disability insurance laws or where payment solely reimburses an Employee for medical or Participant who is compensated on a basis other than an hourly-rated basis medically related expenses incurred by the Employee. Hours under this paragraph will be calculated and who, if hourly-rated, would be credited with one (1) Hour of Service pursuant to the preceding sentence, shall be credited with the number of Hours of Service as follows: (i) ten (10) hours of service per day, if compensated on a daily basis; (ii) forty-five (45) hours of service per week, if compensated on a weekly basis; (iii) ninety (90) hours of service per bi-weekly period, if compensated on a bi-weekly basis; (iv) ninety-five (95) hours of service per semi-monthly period, if compensated on a semi-monthly basis; or (v) one hundred ninety (190) hours of service per month, if compensated on a monthly basis. (c) The number of Hours of Service which shall be credited to an Employee or Participant for being entitled to payment for reasons other than for the performance of duties shall be determined under Sections 2530.200b-2(b) and (c) Section 2530.200b-2 of the United States Department of Labor Regulations which are incorporated herein by this reference. (c) Each hour for which back pay, irrespective of mitigation of damages, is either awarded or agreed to by the Employer. The method for crediting same Hours of Service shall not be credited both under Section 1.27(bparagraph (a) for each Participant or paragraph (b), as the case may be, and under this paragraph (c). These hours shall be credited to the same method used Employee for crediting the computation period or periods to which the award or agreement pertains rather than the computation period in which the award, agreement or payment is made. (d) Solely for purposes of determining whether an Employee has a Break in Service, Hours of Service shall also include an uncompensated authorized leave of absence not in excess of two (2) years, or military leave while the Employee’s reemployment rights are protected by law or such additional or other periods as granted by the Employer as military leave (credited on the basis of forty (40) Hours of Service per week or eight (8) Hours of Service per working day), provided the Employee returns to employment at the end of his leave of absence or within ninety (90) days of the end of his military leave, whichever is applicable. (e) Hours of Service will be credited for employment with an Affiliated Employer. (f) Solely for purposes of determining whether an Employee has a Year in Service, Hours of Service shall also include absence from work for maternity or paternity reasons, if the absence begins on or after the first day of the first Plan Year beginning after 1984. During this absence, the Employee shall be credited with the Hours of Service which would have been credited but for the absence, or, if such hours cannot be determined, with eight (8) hours per day. An absence from work for maternity or paternity reasons means an absence: (i) by reason of the pregnancy of an Employee, (ii) by reason of the birth of a child of the Employee, (iii) by reason of the placement of a child with the Employee in connection with adoption, or (iv) for purposes of caring for such a child for a period immediately following such birth or placement. These Hours of Service shall be credited in the computation period following the computation period in which the Participant received compensationabsence begins, except as necessary to prevent a Break in Service in the computation period in which the absence begins. Notwithstanding the foregoingHowever, not no more than five hundred one (501) Hours of Service shall will be credited to for purposes of any Employee such maternity or Participant during any Computation Period for any single, continuous period during which the Employee or Participant performs no dutiespaternity absence form work. (dg) An Hour The Employer may elect to compute Hours of Service performed for any other entity that is a Related by the use of one of the Service Equivalencies as selected in the Adoption Agreement. Only one method may be selected. If selected, the Service Equivalency as selected in the Adoption Agreement must be applied to all Employees covered under the Plan. (h) If the Employer with respect amends the method of crediting service from the elapsed time method described in Section 1.410(a)-7 of the US Treasury Regulations to the Employer shall be considered an Hour Hours of Service performed computation method by the adoption of this Plan, or an Employee transfers from a plan under which service is determined on the basis of elapsed time, the following rules shall apply for purposes of determining the EmployerEmployee’s service under this Plan up to the time of amendment of transfer: (i) The Employee shall receive credit, as of the date of amendment or transfer, for a number of Years of Service equal to the number of one-year periods of service credited to the Employee as of the date of the amendment or transfer; and (ii) The Employee shall receive credit in the applicable computation period which includes the date of amendment or transfer, for a number of Hours of Service determined by applying the weekly Service Equivalency as selected in the Adoption Agreement specified in paragraph (g) to any fractional part of a year credited to the Employee under this paragraph (h) as of the date of amendment or transfer. The use of the weekly Service Equivalency as selected in the Adoption Agreement shall apply to all Employees who formerly were credited with service under the elapsed time method.

HOUR OF SERVICE. (a) Any Employee or Participant who is compensated on an hourly-rated basis shall be credited with an Hour of Service for: (i) each Each hour for which the an Employee or Participant (including an individual considered an Employee under Code section 414(n)) is either directly or indirectly paid by (or entitled to payment from) an Affiliated Employer for performing services. The Plan Administrator must credit hours for the computation periods in which the services are performed. (b) Each hour for which an Employee is paid, or entitled to payment, by the Employer for on Account of a period of time during which no duties are performed (irrespective of whether the performance of duties or for reasons other than for the performance of duties employment relationship has terminated) due to vacation, holiday, illness, illness incapacity (including disabilityDisability), layoff, jury duty, military duty duty, layoff or leave of absence, whether or not the employment relationship was terminated; and (ii) each hour for which back pay has been awarded to the Employee or Participant or agreed to by the Employer, irrespective of mitigation of damages. (b) Any Employee or Participant who is compensated on a basis other than an hourly-rated basis and who, if hourly-rated, would be credited with one (1) Hour . No Hours of Service pursuant to the preceding sentence, shall be credited under this paragraph with respect to payments made under any plan maintained solely for the number purpose of Hours of Service as follows: (i) ten (10) hours of service per daycomplying with applicable worker's compensation, if compensated on a daily basis; (ii) forty-five (45) hours of service per weekunemployment compensation, if compensated on a weekly basis; (iii) ninety (90) hours of service per bi-weekly period, if compensated on a bi-weekly basis; (iv) ninety-five (95) hours of service per semi-monthly period, if compensated on a semi-monthly basis; or (v) one hundred ninety (190) hours of service per month, if compensated on a monthly basisor disability insurance laws or made solely to reimburse the individual for medical or medically related expenses incurred by the individual. (c) The number of Hours of Service which shall be credited to an Employee or Participant for being entitled to payment for reasons other than for Plan Administrator must calculate and credit the performance of duties shall be determined under Sections 2530.200b-2(bhours (as described in subsections (a) and (cb) of the above) according to Department of Labor Regulations section 2530.200b-2 which are is incorporated herein by this reference. The method for crediting Hours of Service under Section 1.27(b) for each Participant shall be If an Employer finds it impractical to count the same method used for crediting actual Hours of Service for which any class or group of Employees, each Employee in that class or group shall be credited with the Participant received compensation. Notwithstanding the foregoing, not more than five hundred one (501) Hours of Service shown in the following table for each pay period in which the Employee has at least one Hour of Service: Pay Period Hours of Service Credit ----------------------- ------------------------- daily 10 weekly 45 bi-weekly 90 semi-monthly 95 monthly 190 -14- However, an Employee shall be credited only for his normal working hours during a paid absence. The Plan Administrator must credit no more than 501 Hours of Service to any an Employee or Participant under this subsection (b) during any Computation Period for any a single, continuous period during which of service, whether or not the Employee or Participant performs no dutiesperiod occurs in a single computation period. (d) An Hour Each hour for which back pay (whether or not damages have been reduced) has been awarded or agreed to by the Employer or an Affiliated Employer. Hours must be credited for the period or periods to which the award or agreement pertains, rather than for the computation period in which the award or agreement is made. The same Hours of Service performed for any other entity that must not be credited under subsections (a) and (b) above, as applicable, and under this subsection (d). (e) If an Employee is a Related Employer with respect to the Employer shall be considered an Hour of Service performed absent from work for the Employer.following reasons (generally referred to in the subsection as a "parental absence"):

HOUR OF SERVICE. (a) Any For all purposes other than determining whether an Employee or Participant who is compensated on an hourly-rated basis shall be has been credited with a Year of Eligibility Service, an “Hour of Service forService” shall mean an hour for which an Employee is paid, or entitled to payment, by one or more Controlled Group Members for the performance of duties as an Employee. (b) For purposes of determining whether an Employee has been credited with a Year of Eligibility Service, an “Hour of Service” shall mean: (i) each Each hour for which the an Employee or Participant is either directly or indirectly paid paid, or entitled to payment by the Employer payment, for the performance of duties or for reasons other than a Controlled Group Member. These hours shall be credited to the Employee for the performance computation period or periods in which the duties are performed; (ii) Each hour for which an Employee is paid, or entitled to payment, by a Controlled Group Member on account of a period of time during which no duties ​ -11- ​ NAI-1526973031v4 ​ are performed (irrespective of whether the employment relationship has terminated) due to vacation, holiday, illness, incapacity (including disability), layoff, jury duty, military duty duty, or leave of absence, whether or not the employment relationship was terminated; and (ii) each hour for which back pay has been awarded to the Employee or Participant or agreed to by the Employer, irrespective of mitigation of damages. (b) Any Employee or Participant who is compensated on a basis other than an hourly-rated basis . Hours under this subparagraph shall be calculated and who, if hourly-rated, would be credited with one (1) Hour of Service pursuant to the preceding sentence, shall be credited with the number of Hours of Service as follows: (i) ten (10) hours of service per day, if compensated on a daily basis; (ii) forty-five (45) hours of service per week, if compensated on a weekly basis; (iii) ninety (90) hours of service per bi-weekly period, if compensated on a bi-weekly basis; (iv) ninety-five (95) hours of service per semi-monthly period, if compensated on a semi-monthly basis; or (v) one hundred ninety (190) hours of service per month, if compensated on a monthly basis. (c) The number of Hours of Service which shall be credited to an Employee or Participant for being entitled to payment for reasons other than for the performance of duties shall be determined under Sections 2530.200b-2(b) and (c) section 2530.200b-2 of the Department of Labor Regulations Regulations, which are incorporated herein by this reference; and (iii) Each hour for which back pay, irrespective of mitigation of damages, is either awarded or agreed to by a Controlled Group Member. The method for crediting same Hours of Service shall not be credited both under Section 1.27(bsubparagraph (i) for each Participant or (ii) above, as the case may be, and under this subparagraph (iii). These hours shall be credited to the same method used Employee for crediting Hours of Service for the computation period or periods to which the Participant received compensationaward or agreement pertains, rather than the computation period in which the award, agreement, or payment is made. Notwithstanding the foregoing, not more than five hundred one (501) for purposes of determining whether an Employee has been credited with a Year of Eligibility Service, an Employee who is classified by the Employer as on unpaid temporary furlough shall be credited with the Hours of Service shall be with which a similarly-situated Employee would normally have been credited if such furlough had not occurred, as determined in accordance with reasonable procedures adopted from time to any Employee or Participant during any Computation Period for any single, continuous period during which time by the Employee or Participant performs no dutiesCommittee. (d) An Hour of Service performed for any other entity that is a Related Employer with respect to the Employer shall be considered an Hour of Service performed for the Employer.