Applicable Compensation for an Employee is the mean Yearly Cash Compensation for the five full calendar years during the ten full calendar years preceding the Part‑Time Employment Commencement Date that had the highest Yearly Cash Compensation.
Applicable Compensation of a Participant means his
Applicable Compensation means compensation reportable in Box 1 of the Internal Revenue Service Form W-2 issued to the employee
Examples of Applicable Compensation in a sentence
Such estimated annual Applicable Compensation shall be determined on a reasonable basis and shall be uniformly determined for all Members similarly situated.
For each Plan Year the Company Matching Contributions made on behalf of each Participant will equal fifty percent (50%) of the sum of such Participant's Pre-Tax Contributions which are equal to or less than six percent (6%) of such Participant's Applicable Compensation.
Under the terms stated below, and subject to any limitations contained in the Plan, a Participant may elect to make Pre-Tax Contributions to the Plan in integral percentages of his Applicable Compensation from a minimum of one percent to a maximum of sixteen percent (16%).
As soon as is administratively feasible after the end of the Plan Year, the Maximum Permissible Amount for such Plan Year shall be determined on the basis of the Member's actual Applicable Compensation for such Plan Year.
As soon as is administratively feasible after the end of the Plan Year, the amounts referred to in Section 4.11(b)(1) shall be determined on the basis of the Member's actual Applicable Compensation for such Plan Year.
More Definitions of Applicable Compensation
Applicable Compensation has the meaning set forth in Section 2.3. 1.3 "Beneficial Ownership" has the meaning Rule 13d-3 promulgated under the Securities Exchange Act of 1934. 1.4 "Change of Control" means any event described in subparagraphs (a) through (e) below: (a) The acquisition by any Person of Beneficial Ownership of 20% or more of the Stock or the Voting Power of Trigon Healthcare, but excluding for this purpose any acquisition by the Company (or an Affiliate) or by an employee benefit plan sponsored by the Company (or an Affiliate). When two or more persons act in concert for the purpose of acquiring Stock or Voting Power of Trigon Healthcare, such Persons shall be deemed to be a single Person.
Applicable Compensation means amounts paid by Amoco or an Affiliated Company to an Employee who is eligible to participate as (i) basic salary and wages, including forms of base pay delivered in alternative forms such as piecework, payment by mileage for drivers; overtime; and shift differentials, (ii) pay-in- lieu of vacation, (iii) commissions, (iv) variable incentive payments, (v) bonuses in the year received while an Employee, including foreign service premium payments made prior to January 1, 1997, (vi) lump sum performance awards, and (vii) amounts contributed on behalf of the Employee to a cafeteria plan or a cash or deferred arrangement and not included in the Employee's gross income for federal income tax purposes under Section 125 or 402(e)(3) of the Code, but excluding (i) sign-on, retention, severance and separation payments, (ii) reward and recognition payments, (iii) remuneration received attributable to moving and educational expenses, (iv) expense allowances and reimbursement for federal income tax purposes, and (vi) any other items of remuneration.
Applicable Compensation for an Employee is the mean Yearly Cash Compensation for the five full calendar years during the ten full calendar years preceding the Part‑Time Employment Commencement Date that had the highest Yearly Cash Compensation. “Yearly Cash Compensation” for an Employee for a calendar year means the sum of the base salary and cash bonus paid to him for such year, including amounts paid under the Annual Performance Bonus Plan or any successor plan. “Termination for Cause” shall mean termination by Company of Employee’s employment by Company by reason of (a) Employee’s willful dishonesty towards, fraud upon, or deliberate injury or attempted injury to Company which has resulted in material injury to Company, or (b) violation by Employee of the provisions of Section 6, 7, or 8 hereof which has resulted in material injury to Company; provided, however, that Employee’s employment shall not be deemed to have been a “Termination for Cause” if such termination took place as a result of any act or omission believed by Employee in good faith to have been in the interest of Company. “Termination for Nonperformance” shall mean termination by Company of Employee’s employment by Company by reason of repeated failure by Employee, following written notice, to materially perform the service obligations contained in Section 2 hereof. “Part-Time Employment Commencement Date” shall be the date of Employee’s Retirement. “Part-Time Employment Period” means the period of time commencing on the Part-Time Employment Commencement Date and ending on the earlier to occur of (a) the fourth anniversary of the Part-Time Employment Commencement Date or (b) the date on which this agreement is terminated in accordance with the terms hereof. “Retirement” means any voluntary resignation by Employee of any and all officer positions held by Employee with any of the RHI Companies, accompanied by written notification to the Company by Employee that Employee wishes to become a part-time employee, on or after the later to occur of (a) Employee’s 55th birthday, or (b) the 20th anniversary of Employee’s first day of service with Company as a director or full-time employee. “RHI Companies” means Company and its subsidiaries and affiliates. 20.
Applicable Compensation means all compensation reported on the Officer's Form W-2 (Wages, tips, other compensation box) for a calendar year, including, but not limited to, any overtime and bonuses and cash awards under the Employer's Long Term Incentive Plan (terminated on February 14, 1996) actually paid by the Employer to the Officer during the calendar year, but adding thereto any amount which is contributed by the Employer pursuant to a salary reduction agreement and which is not includible in the Officer's gross income under section 125, 402(e)(3), 402(h)(1)(B), or 403(b) of the Code, and excluding therefrom amounts received as stock awards under the Employer's Long Term Incentive Plan (terminated on February 14, 1996), and excluding therefrom any taxable employee benefits of any kind (e.g., reimbursements of moving and relocation expenses, insurance premiums, automobile, health, medical, and dental expenses, the cost of group term life insurance, compensation arising from the exercise of a nonqualified stock option or from a stock grant, and any fringe benefit which is not excluded from gross income under section 132 of the Code).
Applicable Compensation has the meaning set forth in Section 2.3. 1.3 "Beneficial Ownership" has the meaning in Rule 13d-3 promulgated under the Securities Exchange Act of 1934. 1.4 "Change of Control" means any event described in subparagraphs (i) through (v) below: (i) The acquisition by any Person of Beneficial Ownership of 20% or more of the Stock or the Voting Power of Trigon Healthcare, but excluding for this purpose any acquisition by the Company (or an Affiliate) or by an employee benefit plan sponsored by the Company (or an Affiliate). When two or more persons act in concert for the purpose of acquiring Stock or Voting Power of Trigon Healthcare, such Persons shall be deemed to be a single Person; (ii) Individuals who are Incumbent Directors cease to constitute at least a majority of the Board of Directors of Trigon Healthcare; (iii) Approval by the shareholders of Trigon Healthcare of a reorganization, merger or consolidation, if after such transaction, the Persons who had Beneficial Ownership of the Stock and Voting Power of Trigon Healthcare before such transaction will not have Beneficial Ownership of at least 50% of the Stock and Voting Power of the corporation resulting from such transaction; (iv) A complete liquidation or dissolution of Trigon Healthcare, or the sale or other disposition of all or substantially all of the assets of Trigon Healthcare; or (v) The sale or other disposition by Trigon Healthcare of 50% or more of the Stock of the Company, or any other transaction pursuant to which Trigon Healthcare ceases to control the Company. 1.5 "Code" shall mean the Internal Revenue Code of 1986. 1.6 "Compensable Termination" means either (i) the termination of Executive's employment by the Company within three months before or within three years after a Change of Control for any reason other than for Good Cause, or (ii) the termination of Executive's employment by Executive within three years after a Change of Control for Good Reason. 1.7 "Compensation" has the meaning set forth in Section 2.4. 1.8 "Good Cause" means: (i) fraud, embezzlement or misappropriation by Executive involving the business or assets of the Company, (ii) the persistent and willful failure by Executive substantially to perform his duties and responsibilities to the Company, which failure continues after Executive receives written notice of such failure, or (iii) Executive's conviction of a felony or crime involving moral turpitude. 1.9 "Good Reason" means any of the following actions or even...
Applicable Compensation means Limitation Compensation ------------------------- for the Plan Year for which a determination is being made under Section 4.6 and/or 4.8 plus any amount which is not includible in an Employee's gross income by reason of the application of section 125, 402(e)(3), 402(h)(1)(B), or 403(b) of the Code.
Applicable Compensation means compensation as defined in Section 414(s) of the Code, including amounts contributed as Deferred Contributions. In determining a Member's Compensation for purposes of the limitation, the rules of Section 414(q)(6) of the Code shall apply, except that in applying such rules, the term "family" shall include only the Member's spouse and any lineal descendants who have not attained age 19 before the close of the Plan Year. If as a result of the application of such rules the limitation, is exceeded, then the limitation shall be prorated among the affected Members in proportion to each such Member's Compensation determined under this Section prior to the application of this limitation. The annual compensation of each Member taken into account under the Plan as Applicable Compensation shall not exceed the OBRA '93 annual compensation limit. The OBRA '93 annual compensation limit is $150,000, as adjusted by the Commissioner for increases in the cost of living in accordance with section 401(a)(17)(B) of the Internal Revenue Code. The cost-of-living adjustment in effect for a calendar year applies to any period, not exceeding 12 months, over which compensation is determined (determination period) beginning in such calendar year. If a determination period consists of fewer than 12 months, the OBRA '93 annual compensation limit will be multiplied by a fraction, the numerator of which is the number of months in the determination period, and the denominator of which is 12. For Plan Years beginning on or after January 1, 1994, any reference in this Plan to the limitation under Section 401(a)(17) of the Code shall mean the OBRA '93 annual compensation limit set forth in this provision. If compensation for any prior determination period is taken into account in determining an employee's benefits accruing in the current Plan Year, the compensation for that prior determination period is subject to the OBRA '93 annual compensation limit in effect for that prior determination period. For this purpose, for determination periods beginning before the first day of the first Plan Year beginning on or after January 1, 1994, the OBRA '93 annual compensation limit is $150,000.