Common use of Welfare Plan Coverage Clause in Contracts

Welfare Plan Coverage. During the Severance Period, Executive and his spouse and other dependents will continue to be covered by all Welfare Plans maintained by the Company in which he and his spouse and other dependents were participating immediately prior to the date of his termination as if he continued to be an employee of the Company and the Company will continue to pay the costs of coverage of Executive and his spouse and other dependents under such Welfare Plans on the same basis as is applicable to active employees covered thereunder; provided that, if participation in any one or more of such Welfare Plans is not possible under the terms thereof, the Company will provide substantially identical benefits. For purposes of the continuation of Executive's group health plan coverage required under Code Section 4980B, to the extent permitted by the applicable group health plan, (i) the period of extended coverage referred to in Code Section 4890B(f)(2)(B)(i)(I) shall commence on the first date that follows the end of the Severance Period, and (ii) the applicable notice period provided under Code Section 4980B(f)(6)(B) shall commence on the first date that follows the end of the Severance Period. In the event the Company contributions for coverage under the Welfare Plans would be treated as deferred compensation under Section 409A and contributions during the six (6) months following the date of Executive’s separation from service would cause Executive to be subject to an additional tax under Section 409A, Executive shall pay the entire cost of coverage during such six-month period and the Company shall reimburse Executive for the amount that the Company would have paid during such period on the first date that the Company may make such payment without causing an additional tax to be paid by Executive under Section 409A.

Appears in 4 contracts

Samples: Employment Agreement (Modine Manufacturing Co), Employment Agreement (Modine Manufacturing Co), Employment Agreement (Modine Manufacturing Co)

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