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Agmt04 Separation incentive SIP
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Agmt04 Separation incentive SIP
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Last modified
7/5/2005 2:48:58 PM
Creation date
7/19/2004 12:03:36 PM
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Template:
Agreement
Contractor Name
separation incentive plan SIP
PROJECT NAME
defined benefit
RMP File Number
904
Date
4/12/2004
Reso Ref
14577
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<br /> Notwithstanding any other provision of the Plan: <br /> (a) the Annual Benefit payable with respect to a Member under the Plan for <br /> any Limitation Year shall not exceed an amount equal to the lesser of: (i) $90,000, (or, such <br /> other dollar limitation determined for the Limitation Year by automatically adjusting the $90,000 <br /> limitation by the cost of living adjustment factor prescribed by the Secretary of the Treasury <br /> under Section 415(d) of the Code in such manner as the Secretary shall prescribe); or (ii) only for <br /> Limitation Years commencing on or before December 31, 1994, 100% of the Member's Average <br /> Section 415 Compensation. The new dollar limitation shall apply to Limitation Years ending <br /> within the calendar year of the date of the adjustment. <br /> (b) If the Member has less than ten Years of Participation with the Employer, <br /> the dollar limitation in Section A.2(a) shall be reduced by multiplying it by a traction, the <br /> numerator of which is the Member's full and partial Years of Participation, and the denominator <br /> of which is ten. To the extent provided in regulations or in other guidance issued by the Internal <br /> Revenue Service, the preceding sentence shall be applied separately with respect to each change <br /> in the benefit structure of the Plan. If the Member has less than ten years of service with the <br /> Employer, the compensation limitation in Section A.2(a) shall be reduced by it by a fraction, the <br /> numerator of which is the Member's full and partial years of service. For Limitation Years <br /> commencing after December 31, 1994, the reductions provided in this paragraph do not apply to <br /> payments made to the Member if his payments commence after he has become disabled (within <br /> the meaning of Code Section 415(b)(2)(I)), and do not apply to payments made on account of the <br /> Member's death. <br /> (c) If the Annual Benefit of a Member commences prior to age 62, the dollar <br /> limitation in Section A.2(a) shall not apply and the dollar limitation shall be the actuarial <br /> A-6 <br /> NB 1:508358,9 <br /> "" _.. <br />
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