Specified Employee

Specified Employee. Shall have the same meaning of such term as defined Code Section 409A(a)(2)(B)(i) and regulations issued by the Department of Treasury thereunder. For purposes of the preceding sentence, "specified employee" means a "key employee" of the Company as defined in Code Section 416(i) without regard to paragraph (5) thereof. A Director shall be a "key employee" of the Company if the Director meets the requirements of Code Section 416(i)(1)(A)(i), (ii) or (iii) (applied in accordance with the... regulations thereunder and disregarding Code Section 416(i)(5)) at any time during any 12-month period ending on December 31 (the "Identification Date"). If a Director is a "key employee" of the Company as of the Identification Date, the Director shall be treated as a Specified Employee for the 12-month period beginning on the first day of the fourth month following the Identification Date. Where appearing in the Plan, references to the masculine gender shall be deemed to include the feminine gender and the singular may include the plural unless the context clearly indicates otherwise View More

Specified Employee. An Eligible Employee who, at any time during the twelve (12)-month period ending on the applicable Identification Date, is: (A) an officer of the Employer having aggregate annual compensation from the Employer and/or one or more other Affiliated Companies greater than the compensation limit in effect at the time under Section 416(i)(1)(A)(i) of the Code, provided that no more than fifty officers of the Employer shall be determined to be Key Employees as of any Identification Date; (B) a five... percent owner of the Employer or any other Affiliated Company ; or (C) a one percent owner of the Employer or any other Affiliated Company who has aggregate annual compensation from the Company and/or one or more other Affiliated Companies of more than $150,000. The determination of such Specified Employees shall be in accordance with the applicable standards and requirements of Section 409A of the Code and the Treasury Regulations thereunder. If an Eligible Employee is identified as a Specified Key Employee on a Identification Date, then such Eligible Employee shall be considered a Specified Employee for purposes of the Plan during the period beginning on the first April 1 following the Identification Date and ending on the next March 31 View More

Specified Employee. An employee of the Company who is a "Key Employee" as defined in Code Section 416(i)(1)(A)(i), (ii) or (iii), applied in accordance with the regulations thereunder and disregarding Subsection 416(i)(5). A Specified Employee shall be identified as of December 31st of each calendar year and such identification shall apply to any Specified Employee who shall incur a Separation From Service in the 12-month period commencing April 1st of the immediately succeeding calendar year. An employee who is... determined to be a Specified Employee shall remain a Specified Employee throughout such 12-month period regardless of whether the employee meets the definition of "Specified Employee" on the date the employee incurs a Separation From Service. This provision is effective for Specified Employees who incur a Separation From Service on or after January 1, 2005. For purposes of determining Specified Employees, the definition of compensation under Treasury Regulation Section 1.415(c)-2(d)(3) shall be used, applied without the use of any of the special timing rules provided in Treasury Regulation Section 1.415(c)-2(e) or the special rule in Treasury Regulation Section 1.415(c)-2(g)(5)(i), but applied with the use of the special rule in Treasury Regulation Section 1.415(c)-2(g)(5)(ii) View More

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.