Definition of Post-Severance Compensation

  1. Post-Severance Compensation means payments made within 2 1/2 months after severance from employment (within the meaning of Code Section 401(k)(2)(B)(i)(l)) if they are payments that, absent a severance from employment, would have been paid to the Employee while the Employee continued in employment with the Employer and are regular compensation for services during the Employees regular working hours, compensation for services outside the Employees regular working hours (such as overtime or shift differential), commissions, bonuses, or other similar compensation, and payments for 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. Any payments not described above are not considered compensation if paid after severance from employment, even if they are paid within 2 1/2 months following severance from employment, except for payments to an individual who does not currently perform services for the Employer by reason of qualified military service (within the meaning of Code Section 414(u)(1)) 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.

Definition of Post-Severance Compensation in Adoption Agreement

Post-Severance Compensation means payments made within 2 1/2 months after severance from employment (within the meaning of Code Section 401(k)(2)(B)(i)(l)) if they are payments that, absent a severance from employment, would have been paid to the Employee while the Employee continued in employment with the Employer and are regular compensation for services during the Employees regular working hours, compensation for services outside the Employees regular working hours (such as overtime or shift differential), commissions, bonuses, or other similar compensation, and payments for 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. Any payments not described above are not considered compensation if paid after severance from employment, even if they are paid within 2 1/2 months following severance from employment, except for payments to an individual who does not currently perform services for the Employer by reason of qualified military service (within the meaning of Code Section 414(u)(1)) 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.


Definition of Post-Severance Compensation in Retirement Plan

Post-Severance Compensation means payments made within 2 1/2 months after severance from employment (within the meaning of Code Section 401(k)(2)(B)(i)(I)) if they are payments that, absent a severance from employment, would have been paid to the Employee while the Employee continued in employment with the Employer and are regular compensation for services during the Employee's regular working hours, compensation for services outside the Employee's regular working hours (such as overtime or shift differential), commissions, bonuses, or other similar compensation, and payments for 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. Any payments not described above are not considered compensation if paid after severance from employment, even if they are paid within 2 1/2 months following severance from employment, except for payments to an individual who does not currently perform services for the Employer by reason of qualified military service (within the meaning of Code Section 414(u)(1)) 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. Section 2.23 Notwithstanding Section 2.23 of the Adoption Agreement, Sections 2.15, 2.23, and 2.24 of the Plan, or any other terms of the Adoption Agreement or Plan to the contrary, a "Participating Employer" shall include any corporation that is a member of a controlled group of corporations (as defined in Code Section 414(b)) that includes the Company; any trade or business (whether or not incorporated) that is under common control (as defined in Code Section 414(c)) with the Company; any organization (whether or not incorporated) that is a member of an affiliated service group (as defined in Code Section 414(m)) which includes the Company; and any other entity required to be aggregated with the Company under Code Section 414(o), regardless of whether such corporation, trade or business, organization, or entity formally adopts the Plan. Section 4.1 Notwithstanding Section 4.1 of the Adoption Agreement, Section 4.1 of the Plan, or any other terms of the Adoption Agreement or Plan to the contrary, with respect to a Participant who elects to defer Compensation made with respect to plan years commencing prior to January 1, 2009, the minimum deferral shall be $2,000. Section 7.1(b) Notwithstanding Section 7.1(b) of the Adoption Agreement, Section 7.1 or 7.3 of the Plan, or any other terms of the Adoption Agreement or Plan to the contrary, the minimum number of years with respect to annual installments payment option shall be two (2) years with respect to plan years commencing prior to January 1, 2009. Exhibit B to the Adoption Agreement for the Executive Nonqualified Excess Plan In accordance with Section 14 of the Adoption Agreement (the "AA") for the Executive Nonqualified Excess Plan as adopted for the CHS NQDCP (the "Plan"), which permits CHS/Community Health Systems, Inc., as sponsor of the Plan, to amend the terms of the AA and the Plan, CHS/Community Health Systems, Inc. hereby adopts this Exhibit B to the AA concurrently with the adoption of the Plan. All other provisions of the Plan and AA remain in force and unamended.