Separation From Service

Separation From Service. Shall have the same meaning as in Section 409A, taking into account the rules and presumptions provided for in Treasury Regulation Section 1.409A-1(h) or any successor regulation. Notwithstanding the foregoing, for purposes of determining whether the Employee is entitled to a payment on account of Involuntary Termination under Section 2 of this Agreement, and for purposes of determining the Employee's One-Year Term, the term "Separation from Service" shall require the complete cessation of... services to the Bank and all Affiliates. View More

Separation From Service. A termination of services provided by a Participant to the Company, other than by reason of death or Disability, as determined by the Committee in accordance with Treas. Reg. §1.409A-1(h)

Separation From Service. Within the meaning of Code section 409A and Treasury Regulation section 1.409A-1(h) or any successor thereto, shall mean the date an Executive retires, dies or otherwise has a termination of employment with the Service Recipient. In accordance with Treasury Regulation section 1.409A-1(h) or any successor thereto, if an Executive is on a period of leave that exceeds six months and the Executive does not retain a right to reemployment under an applicable statute or by contract, the employment... relationship is deemed to terminate on the first date immediately following such six-month period, and also, an Executive is presumed to have separated from service where the level of bona fide services performed (whether as an employee or an independent contractor) decreases to a level equal to 20 percent or less of the average level of services performed (whether as an employee or an independent contractor) by the Executive during the immediately preceding 36-month period (or the full period of service to the Service Recipient if the employee has been providing services for less than the 36-month period) View More

Separation From Service. A Participant's termination of service with the Company and its Subsidiaries, as determined by the Company, which determination shall be final, binding and conclusive; provided that if an Award is subject to Section 409A and is to be distributed on a Separation from Service, then the definition of Separation from Service for such purpose shall comply with the definition provided in Section 409A

Separation From Service. A "separation from service" within the meaning of Code Section 409A (which Separation from Service generally will occur on the date the Director ceases to be a member of the Board)

Separation From Service. Or "Separate From Service" shall have the meaning of such terms as defined in Code Section 409A(a)(2)(A)(i) and regulations issued by the Department of Treasury thereunder

Separation From Service. Shall mean a "separation from service" within the meaning of Section 409A of the Code and the applicable binding guidance thereunder.

Separation From Service. The date on which a Participant separates from service (within the meaning of Code Section 409A) from the Company and all Affiliates. A Separation from Service occurs when the Company and the Participant reasonably anticipate that no further services will be performed by the Participant for the Company and its Affiliates after that date or that the level of bona fide services the Participant will perform after such date as an employee of the Company or an Affiliate will permanently decrease to... no more than 20% of the average level of bona fide services performed by the Participant (whether as an employee or independent contractor) for the Company and its Affiliates over the immediately preceding 36-month period (or such lesser period of services). The Participant is not considered to have incurred a Separation from Service if the Participant is absent from active employment due to military leave, sick leave or other bona fide reason if the period of such leave does not exceed the greater of (i) six months, or (ii) the period during which the Participant's right to reemployment by the Company or an Affiliate is provided either by statute or by contract; provided that if the leave of absence is due to a medically determinable physical or mental impairment that can be expected to result in death or last for a continuous period of not less than six months, where such impairment causes the Participant to be unable to perform the duties of his or her position of employment or any substantially similar position of employment, the leave may be extended for up to 29 months without causing the Participant to have incurred a Separation from Service. View More

Separation From Service. When the employment relationship between the Executive and all of the Affiliated Organizations has terminated for reasons other than the Executive's death. For such purpose, the employment relationship will be treated as continuing while the Executive is on military leave, sick leave, or other bona fide leave of absence (such as temporary employment by the government) if the period of such leave does not exceed six months, or any longer period during which the Executive's right to reemployment... is provided for by statute or contract. If the period of a leave exceeds six months and the Executive's right to reemployment is not provided for by statute or contract, the employment relationship will be deemed to have terminated on the first date immediately following such six month period. Notwithstanding the foregoing, if the Executive ceases to be an employee of any Affiliated Organization, but continues to perform services for such Affiliated Organization or another Affiliated Organization that would cause the termination of employment not to constitute a separation from service for the purposes of section 409A of the Code, the later date on which such a separation from service occurs shall be the date of the Executive's Separation from Service. Conversely, if the Executive continues to be an employee of an Affiliated Organization, but fails to perform sufficient services to prevent a separation from service from occurring for the purposes of section 409A of the Code, the earlier date on which such a separation from service occurs shall be the date of the Executive's Separation from Service. View More

Separation From Service. That a Director ceases to be a Director and it is not anticipated that the individual will thereafter perform services for the Company or a Related Company. For this purpose, services provided as an employee are disregarded if this Plan is not aggregated with any plan in which a Director participates as an employee pursuant to Treasury Regulation section 1.409A-1(c)(2)(ii).