Laserfiche WebLink
that begins on or after July 1, 2007, the definitions of "Compensation" and "Maximum <br />Compensation" for all Plan purposes shall not include amounts paid after a Participant's <br />severance from employment except: <br />(a) Regular Pay for Services. Regular pay after the Employee's severance from <br />employment if it is (i) regular compensation for services during the <br />Employee's regular working hours, or (ii) compensation for services outside <br />regular working hours (such as overtime and shift differential), <br />commissions, bonuses, or similar compensation that would have been paid <br />prior to the Employee's termination had the Employee continued in <br />employment with the Employer, and (iii) such amounts are paid by the later <br />of 2-1/z months following the Participant's severance from employment with <br />the Employer or the end of the calendar year that includes the Employee's <br />severance date. <br />(b) Leave Cashouts. If elected by the Employer in the adoption agreement, <br />payments for accrued bona fide sick, vacation, or other leave if (i) the <br />Employee would have been able to use the leave if the Employee's <br />employment with the Employer had continued; and (ii) such amounts are <br />paid by the later of 2-% months following the Employee's severance from <br />employment with the Employer or the end of the calendar year that includes <br />the Employee's severance date. <br />(c) Compensation During Military Leave. If elected by the Employer in the <br />adoption agreement, payments to an individual who does not currently <br />perform services for the Employer by reason of qualified military service <br />(within the meaning of Code section 414(u)(1)) to the extent that those <br />payments do not exceed the amounts the individual would have received if <br />the individual had continued to perform services for the Employer rather <br />than entering military service. <br />(d) Compensation During Disability. If elected by the Employer in the adoption <br />agreement, compensation paid to a Participant who is permanently and <br />totally disabled (as defined in Code section 22(e)(3)), provided that salary <br />continuation applies to all Participants who are permanently and totally <br />disabled for a fixed or determinable period. <br />Modification of Adoption Agreement (Appendix A): Compensation includes <br />regular pay after severance from employment during the time frame permitted under <br />subsection (a) above and shall also include [check all that apply]: <br />❑ Leave cashouts under subsection (b) above. <br />❑ Compensation during military leave under subsection (c) above. <br />❑ Compensation during disability under subsection (d) above. <br />OA <br />