|CUMMINS INC filed this Form 10-K on 02/11/2019|
ending on the Specified Employee Identification Date, is in salary grade 99 or compensation class 6, or (ii) is a “specified employee” within the meaning of Code Section 409A(a)(2)(B)(i) and the guidance thereunder.
(dd) “Specified Employee Effective Date” means, in the case of an Employee who Terminates Employment before December 31, 2009, the April 1 next following the Specified Employee Identification Date, and, in the case of an Employee who Terminates Employment after December 31, 2009, the January 1 next following the Specified Employee Identification Date.
(ee) “Specified Employee Identification Date” means December 31.
(ff) “Spouse” means, as of the Executive’s Annuity Starting Date, the person who is the Executive’s spouse (which may include a domestic partner) determined as set forth in the Cummins Pension Plan, provided that Administrator may establish such other procedures and require such evidence as it deems appropriate in determining whether a person is the Executive’s Spouse for purposes of this Plan.
(gg) “Supplemental Life Annuity” means the benefit payable to an Executive pursuant to Article VI.
(hh) “Survivor Benefit” means the benefit, if any, payable to an Executive’s Spouse or other Beneficiary pursuant to Article VI following the Executive’s death after Termination of Employment with Vested rights to a Supplemental Life Annuity.
(ii) “Termination of Employment,” “Terminates Employment,” or any variation thereof refers to a separation from service within the meaning of Code Section 409A(a)(2)(A)(i) for a reason other than the Executive’s death.
(jj) “Trust” means the grantor trust established by the Company to provide a source for the payment of retirement benefits under the Plan and benefits under certain other Employer programs.
(kk) “Trustee” means the Trustee of the Trust.
(ll) “Vested” means, with respect to an Executive, the portion of the Executive’s Supplemental Life Annuity in which the Executive has a non-forfeitable interest, to the extent provided herein.
(mm) “Vesting Service” means, with respect to an Executive, his total Service; provided, however, in determining the Executive’s total Vesting Service, he shall be credited with a full year of Vesting Service for any period of at least five months in addition to his full years of Service. For example, an Executive with four years and six months of Service shall be credited with five years of Vesting Service.
Section 2.02. Rules of Interpretation.
(a)The Plan is intended to comply with (i) Code Section 409A and (ii) the applicable