Comcast 2012 Annual Report Download - page 148

2.28. “ Grandfathered Employee ” means:
(a) Effective before January 1, 2014:
(i) Each employee of a Participating Company other than NBCUniversal who, as of December 31, 1989, was eligible to
participate in the Prior Plan and who has been in continuous service to the Company or an Affiliate since December 31, 1989.
(ii) Each employee of a Participating Company other than NBCUniversal who was, at any time before January 1, 1995, eligible
to participate in the Prior Plan and whose Annual Rate of Pay was $90,000 or more as of both (A) the date on which an Initial Election is filed
with the Administrator and (B) the first day of each calendar year beginning after December 31, 1994.
(iii) Each employee of a Participating Company other than NBCUniversal who was an employee of an entity that was a
Participating Company in the Prior Plan as of June 30, 2002 and who had an Annual Rate of Pay of $125,000 as of each of (i) June 30, 2002;
(ii) the date on which an Initial Election was filed with the Administrator and (iii) the first day of each calendar year beginning after December 31,
2002.
(iv) Each employee of a Participating Company other than NBCUniversal who (i) as of December 31, 2002, was an “Eligible
Employee” within the meaning of Section 2.34 of the AT&T Broadband Deferred Compensation Plan (as amended and restated, effective
November 18, 2002) with respect to whom an account was maintained, and (ii) for the period beginning on December 31, 2002 and extending
through any date of determination, has been actively and continuously in service to the Company or an Affiliate.
(b) Effective after December 31, 2013:
(i) Each employee of a Participating Company other than NBCUniversal who is described in Section 2.28(a)(i)-(iv).
(ii) Each employee of a Participating Company other than NBCUniversal who is a Participant and who has an Annual Rate of
Pay of $200,000 or more as of each of (A) December 31, 2013; (B) the date on which an Initial Election is filed with the Administrator and (C) the
first day of each calendar year beginning after December 31, 2013.
(iii) Each employee of NBCUniversal described in Section 2.26(b) or 2.26(c) who is a Participant and who has an Annual Rate
of Pay of $200,000 or more as of each of (A) December 31, 2013; (B) the date on which an Initial Election is filed with the Administrator and
(C) the first day of each calendar year beginning after December 31, 2013.
2.29. “ Hardship ” means an “unforeseeable emergency,” as defined in Section 409A. The Committee shall determine whether the
circumstances of the Participant constitute an unforeseeable emergency and thus a Hardship within the meaning of this Section 2.29. Following a
uniform procedure, the Committee’s determination shall consider any facts or conditions deemed necessary or advisable by the Committee, and
the Participant shall be required to submit any evidence of the Participant’s circumstances that the Committee requires. The determination as to
whether the Participant’s circumstances are a case of Hardship shall be
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