Common use of Post-Severance Compensation Clause in Contracts

Post-Severance Compensation. ☐ a. Early application of post-severance compensation rules before July 1, 2007. Apply the Plan’s rules regarding certain post-severance compensation in the definition of Compensation to Limitation Years beginning after / / . ☐ b. Exclude Post-severance compensation payments for unused accrued bona fide sick, vacation, or other leave, but only if the Employee would have been able to use the leave if employment had continued. ☐ c. Include Compensation for the Limitation Year, provided the amounts are paid during the first few weeks of the next Limitation Year, the amounts are included on a uniform and consistent basis with respect to all similarly situated employees, and no compensation is included in more than one Limitation Year. ☐ d. Exclude Compensation paid to an individual who does not currently perform services for the Employer by reason of Qualified Military Service to the extent these payments do not exceed the amounts the individual would have received if the individual had continued to perform services for the Employer rather than entering Qualified Military Service. ☐ e. Include any Participant who is permanently and totally disabled. (Check this box only if salary continuation applies to all Participants who are permanently and totally disabled for a fixed or determinable period.) ☐ f. Include Compensation paid any permanently and totally disabled Participant who, immediately before becoming so disabled, was not a Highly Compensated Employee. ☐ g. Compensation shall not include amounts paid as compensation to nonresident aliens who do not participate in the plan to the extent the compensation is excludable from gross income and not effectively connected with a U.S. trade or business.

Post-Severance Compensation. ☐ a. Early application of post-severance compensation rules before July 1, 2007. Apply the Plan’s rules regarding certain post-severance compensation in the definition of Compensation to Limitation Years beginning after / / . ☐ b. Exclude Post-severance compensation payments for unused accrued bona fide sick, vacation, or other leave, but only if the Employee would have been able to use the leave if employment had continued. ☐ c. Include Compensation for the Limitation Year, provided the amounts are paid during the first few weeks of the next Limitation Year, the amounts are included on a uniform and consistent basis with respect to all similarly situated employees, and no compensation is included in more than one Limitation Year. ☐ . d. Exclude Compensation paid to an individual who does not currently perform services for the Employer by reason of Qualified Military Service to the extent these payments do not exceed the amounts the individual would have received if the individual had continued to perform services for the Employer rather than entering Qualified Military Service. ☐ e. Include any Participant who is permanently and totally disabled. (Check this box only if salary continuation applies to all Participants who are permanently and totally disabled for a fixed or determinable period.) ☐ f. Include Compensation paid any permanently and totally disabled Participant who, immediately before becoming so disabled, was not a Highly Compensated Employee. ☐ g. Include Compensation shall not include amounts paid as compensation to nonresident aliens who do not participate in the plan to the extent the compensation is excludable from gross income and not effectively connected with a U.S. trade or business.

Post-Severance Compensation. ☐ o a. Early application of post-severance compensation rules before July 1, 2007. Apply the Plan’s rules regarding certain post-severance compensation in the definition of Compensation to Limitation Years beginning after / / . ☐ o b. Exclude Post-severance compensation payments for unused accrued bona fide sick, vacation, or other leave, but only if the Employee would have been able to use the leave if employment had continued.. SAMPLE ☐ o c. Include Compensation for the Limitation Year, provided the amounts are paid during the first few weeks of the next Limitation Year, the amounts are included on a uniform and consistent basis with respect to all similarly situated employees, and no compensation is included in more than one Limitation Year. ☐ . o d. Exclude Compensation paid to an individual who does not currently perform services for the Employer by reason of Qualified Military Service to the extent these payments do not exceed the amounts the individual would have received if the individual had continued to perform services for the Employer rather than entering Qualified Military Service. ☐ o e. Include any Participant who is permanently and totally disabled. (Check this box only if salary continuation applies to all Participants who are permanently and totally disabled for a fixed or determinable period.) ☐ o f. Include Compensation paid any permanently and totally disabled Participant who, immediately before becoming so disabled, was not a Highly Compensated Employee. ☐ o g. Compensation shall not include amounts paid as compensation to nonresident aliens who do not participate in the plan to the extent the compensation is excludable from gross income and not effectively connected with a U.S. trade or business.