Specified Employee

Specified Employee. An employee who is (i) an officer of Fidelity having annual compensation greater than $135,000 (with certain adjustments for inflation after 2005), (ii) a five-percent owner of Fidelity or (iii) a one-percent owner of Fidelity having annual compensation greater than $150,000. For purposes of this Section, no more than 50 employees (or, if lesser, the greater of three or 10 percent of the employees) shall be treated as officers. Employees who (i) normally work less than 17 1/2 hours per week,... (ii) normally work not more than 6 months during any year, (iii) have not attained age 12 21 or (iv) are included in a unit of employees covered by an agreement which the Secretary of Labor finds to be a collective bargaining agreement between employee representatives and Fidelity (except as otherwise provided in regulations issued under the Code) shall be excluded for purposes of determining the number of officers. For purposes of this Section, the term "five-percent owner" ("one-percent owner") means any person who owns more than five percent (one percent) of the outstanding stock of Fidelity or stock possessing more than five percent (one percent) of the total combined voting power of all stock of Fidelity. For purposes of determining ownership, the attribution rules of Section 318 of the Code shall be applied by substituting "five percent" for "50 percent" in Section 318(a)(2) and the rules of Sections 414(b), 414(c) and 414(m) of the Code shall not apply. For purposes of this Section, the term "compensation" has the meaning given such term by Section 414(q)(4) of the Code. The determination of whether Miller is a Specified Employee will be based on a December 31 identification date such that if Miller satisfies the above definition of Specified Employee at any time during the 12-month period ending on December 31, he will be treated as a Specified Employee if he has a Termination of Employment during the 12-month period beginning on the first day of the fourth month following the identification date. This definition is intended to comply with the specified employee rules of Section 409A(a)(2)(B)(i) of the Code and shall be interpreted accordingly. View More

Specified Employee. Means any elected officer of the Company. "Specified Employee" is intended to meet the requirements of Code section 409A and the regulations thereunder.

Specified Employee. Any Employee of the Company who has been determined to be a "key employee" of the Company, within the meaning of Code section 416(i) (without regard to paragraph (5) thereof) as of the preceding specified employee identification date, pursuant to the Company's Policy on Identifying Specified Employees adopted by the Compensation Committee of the Company's Board, as such Policy may be amended from time to time

Specified Employee. Shall mean "Specified Employee" as such term is defined in the Universal 409A Definition Document.

Specified Employee. The meaning given such term in Section 409A of the Code and the final regulations thereunder, as in effect from time to time ("Final 409A Regulations"), provided, however, that, as permitted in the Final 409A Regulations, the Company's Specified Employees and the application of the six (6)-month delay rule of Section 409A(a)(2)(B)(i) of the Code shall be determined in accordance with rules adopted by the Board, which shall be applied consistently, with respect to all nonqualified deferred... compensation arrangements of the Company, including this Agreement and similar agreements with other officers of the Company. View More

Specified Employee. Shall mean an individual who is a "specified employee" under section 409A of the Code and the regulations issued thereunder.

Specified Employee. Shall mean an individual who is a "specified employee" under section 409A of the Code and the regulations issued thereunder. For purposes of the spin-off of Phillips 66 from ConocoPhillips, a specified employee shall be determined in accordance with the special rules for spin-offs under Treas. Reg. §1.409A-1(i)(6)(iii), or any successor thereto, for the period indicated in such regulation.

Specified Employee. A key employee, as defined under Code Section 416(i), without regard to paragraph (5) thereof (and any successor or comparable Code sections).

Specified Employee. A Participant who is a "specified employee" within the meaning of Code Section 409A and the regulations thereunder

Specified Employee. A key employee (as defined below) of the Company. Provided, however, that Executive shall not be considered to be a Specified Employee unless on such date the stock of the Company is publicly traded on an established securities market or otherwise. For this purpose, an 'established securities market' shall have the meaning set forth in §1.897-1(m) of the Treasury Regulations. Executive is a key employee if Executive meets the requirements of Section 416(i)(1)(A)(i), (ii), or (iii) of the Code... (applied in accordance with the Treasury Regulations thereunder and disregarding Section 416(i)(5) of the Code) at any time during the 12-month period ending on a 'specified employee identification date.' If Executive is a key employee as of a specified employee identification date, Executive is treated as a key employee for the entire 12-month period beginning on the 'specified employee effective date' View More