Separation From Service

Separation From Service. The date determined under the default rules of the applicable regulations for Code Section 409A for a separation from service between the Employee and the Company, with the exception that the default rule for a bona fide leave of absence for disability is extended from six (6) months to twenty-nine (29) months.

Separation From Service. Means a "separation from service" from Broadcom (within the meaning of Section 409A(a)(2)(A)(i) of the Code, and Treasury Regulation Section 1.409A-1(h)).

Separation From Service. Will mean Executive's "separation from service" within the meaning of Section 409A.

Separation From Service. Has the meaning provided to such term under the final regulations promulgated under Code Section 409A.

Separation From Service. With the Company in accordance with Section 409A(a)(2)(A)(i) of the Code and the applicable provisions of Treasury Regulation Section 1.409A-1(h).

Separation From Service. Or termination of employment means the severance of Executive's employment with the Company, Bank or an Affiliate for any reason. Executive separates from service with the Company, Bank or an Affiliate if he or she dies, retires, separates from service because of the Executive's Disability, or otherwise has a termination of employment with the Company, Bank or an Affiliate. However, the employment relationship is treated as continuing intact while the Executive is on military leave, sick leave,... or other bona fide leave of absence approved by the Company, Bank or an Affiliate if the period of such leave does not exceed six months, or if longer, so long as the Executive's right to reemployment with the Company, Bank or an Affiliate is provided either by statute or by contract. If the period of leave exceeds six months and the Executive's right to reemployment is not provided either by statute or by contract, the employment relationship is deemed to terminate on the f irst date immediately following such six-month period. In addition, notwithstanding any of the foregoing, the term "Separation from Service" shall be interpreted under this Agreement in a manner consistent with the requirements of Code Section 409A and regulations and guidance thereunder, which is incorporated by reference as if set forth in full. View More

Separation From Service. Shall mean a Participant's "separation from service" as defined in Treasury Regulation Section 1.409A-1(h)(1). For this purpose, a "Separation from Service" is deemed to occur on the date that the Company and the Participant reasonably anticipate that the level of bona fide services the Participant would perform after that date (whether as an employee or independent contractor) would permanently decrease to a level that, based on the facts and circumstances would constitute a Separation from... Service; provided that a decrease to a level that is 50% or more of the average level of bona fide services provided over the prior 36 months shall not be a Separation from Service, and a decrease to a level that is 20% or less of the average level of such bona fide services shall be a Separation from Service. The bona-fide services taken into account in determining whether there has been a Separation from Service shall be bona-fide services for the Company and any Subsidiary. The Committee retains the right and discretion to specify, and may specify, whether a Separation from Service occurs for individuals providing services to the Company or a Subsidiary immediately prior to an asset purchase transaction in which the Company or a Subsidiary is the seller who provide services to a buyer after and in connection with such asset purchase transaction; provided, such specification is made in accordance with the requirements of Treasury Regulation Section 1.409A-1(h)(4). View More

Separation From Service. Shall mean a "separation from service" from the Company within the meaning of Section 409A(a)(2)(A)(i) of the Code and Treasury Regulation Section 1.409A-l(h).

Separation From Service. Or "Separates from Service" means a termination of employment with Sun that the Company determines is a Separation from Service in accordance with Section 409A of the Code.

Separation From Service. 2.19.1 EMPLOYEES. In the case of an Employee, the term "Separation from Service" shall mean the Employee's termination of employment with Banner, whether on account of death, retirement, Disability or otherwise. Banner will determine whether an Employee has terminated his or her employment (and therefore incurred a "Separation from Service") based on whether the facts and circumstances as described in Treasury Regulation § 1.409A-1(h)(1)(ii) are applicable. An Employee incurs a... Separation from Service if the parties reasonably anticipate, based upon the facts and circumstances, that the Employee will not perform any additional services after a certain date, or that the level of bona fide services (whether performed as an Employee or as a Contractor) will permanently decrease to no more than twenty percent (20%) of the average level of bona fide services performed (whether performed as an Employee or as a Contractor) over the immediately preceding 36-month period (or, if less, the period that the Employee has rendered services to Banner), which period shall be referred to as the Employee's "average prior service." An Employee is presumed to have incurred a Separation from Service if the Employee's level of service decreased to twenty percent (20%) or less of his or her average prior service, and an Employee is presumed not to have incurred a Separation from Service if the Employee's level of service continues at a rate which is fifty percent (50%) or more of the Employee's average prior service. No presumption shall be applied where the Employee's level of service is more than twenty percent (20%) but less than fifty percent (50%) of his or her level of average prior service, and Banner shall make any determination as to the status of such individuals in its best judgment. 2.19.2 TREATMENT OF LEAVE. An Employee will not incur a Separation from Service if the Employee is on military leave, sick leave, or other bona fide leave of absence, if such leave does not exceed a period of six (6) months, or if longer, the period for which a statute or contract provides the Employee with the right to re-employment with Banner. If a Participant's leave exceeds six (6) months, but the Participant is not entitled to re-employment under a statute or other contract right, the Participant will incur a Separation from service on the next day following the expiration of the six (6) month period. A leave of absence constitutes a "bond fide leave" for purposes of this Subsection 2.19.2 if there is a reasonable expectation that the Employee will return to perform services for Banner. Where a leave of absence is due to any medically determinable physical or mental impairment that can be expected to result in death, or to last for a continuous period of at least six (6) months, and where the Participant cannot perform his or her duties, or the duties of any substantially similar position, in determining whether a Separation from Service has occurred, the above six (6) month period is modified to be twenty-nine (29) months unless Banner, or the Employee, terminates the leave prior to such time. For purposes of determining "average prior service" under this Subsection 2.19.2, during a paid leave of absence which is not a Separation from Service, the Employee is treated as rendering bona fide services at a level that would have been required to earn the amount paid during the leave. If the leave of absence is unpaid, the period of leave is disregarded in determining "average prior service." 2.19.3 CONTRACTORS. The term "Separation from Service," in the case of a Contractor, means the expiration of the contract or contracts under which the Contractor performs services for Banner, provided that the expiration constitutes a good-faith and complete termination of the contractual relationship between the Contractor and Banner. A good-faith and complete termination does not occur if Banner anticipates a renewal of the service contract, or Banner anticipates that the Contractor will become an Employee of Banner. Banner will be considered to anticipate a renewal of the contract if Banner intends to once again contract for the services provided under the expired contract, and neither Banner nor the Contractor has eliminated the Contractor as a possible provider of such additional services. Banner is deemed to intend to renew any such contract or contracts of the Contractor, if renewal is conditioned only upon incurring a need for services, Banner's ability to pay for such services, or both. 2.19.4 DUAL STATUS. If a Participant renders services to Banner in the capacity as both an Employee and as a Contractor, the Participant must incur a Separation from Service in both capacities in order to constitute a Separation from Service for purposes of this Plan. However, if a Participant renders services both as an Employee and as a member of the Employer's board of directors, then the Director services are disregarded in determining whether the Participant has incurred a Separation from Service as to this Plan, provided that the plan or plans are not Aggregated Plans as determined under final Treasury Regulations. See Section 1.1, above. View More