Comcast 2012 Annual Report Download - page 151

(c) Each employee of NBCUniversal who first becomes a member of the NBCUniversal Operating Committee and approved by the
Administrator during a Plan Year and who, immediately preceding the effective date of such membership, was not an Eligible Employee.
(d) Notwithstanding Section 2.34(a), (b) or (c) to the contrary, no employee shall be treated as a New Key Employee with respect to
any Plan Year under this Section 2.34 if:
(i) Such employee was eligible to participate in another plan sponsored by the Company or an Affiliate of the Company which
is considered to be of a similar type as defined in Treasury Regulation Section 1.409A -1(c)(2)(i)(A) or (B) with respect to such Plan Year; or
(ii) Such employee has been eligible to participate in the Plan or any other plan referenced in Section 2.34(d)(i)(other than with
respect to the accrual of earnings) at any time during the 24-month period ending on the date such employee would, but for this Section 2.34(d),
otherwise become a New Key Employee.
2.35. “ Normal Retirement ” means:
(a) For a Participant who is an employee of a Participating Company immediately preceding his termination of employment, a
termination of employment that is treated by the Participating Company as a retirement under its employment policies and practices as in effect
from time to time; and
(b) For a Participant who is an Outside Director or Director Emeritus immediately preceding his termination of service, the
Participant’s normal retirement from the Board.
2.36. “ Outside Director ” means a member of the Board, who is not an employee of a Participating Company.
2.37. “ Participant ”
means each individual who has made an Initial Election, or for whom an Account is established pursuant to Section 5.1,
and who has an undistributed amount credited to an Account under the Plan, including an Active Participant, a Deceased Participant and an
Inactive Participant.
2.38. “ Participating Company ” means the Company and each Affiliate of the Company designated by the Administrator in which the
Company owns, directly or indirectly, 50 percent or more of the voting interests or value. Notwithstanding the foregoing, the Administrator may
delegate its authority to designate an eligible Affiliate as a Participating Company under this Section 2.38 to an officer of the Company or
committee of two or more officers of the Company.
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