Comcast 2013 Annual Report Download - page 245

such Plan Year, reduced by reimbursements or other expense allowances, fringe benefits (cash and non-cash), moving expenses, deferred
compensation, and welfare benefits, but including Pre-Tax Contributions and elective contributions that are not includible in gross income under
sections 125 or 402(a)(8) of the Code. For the purposes of the definitions of “Actual Deferral Percentage” and “Contribution Percentage” in this
Article (except as otherwise provided in such definitions), the Company may elect to consider only Compensation as defined above for that
portion of the Plan Year during which the Employee was an Eligible Employee, provided that this election is applied uniformly to all Eligible
Employees for the Plan Year.
(b) for the purposes of Article XIII and Section 3.11, subject to the limitations set forth in subsection (c) of
this definition, the Employee’s wages as reported on Form W-2 ( i.e. , wages as defined in section 3401(a) of the Code and all other payments of
compensation for which the Participating Company is required to furnish the employee a written statement under sections 6041(d) and 6051(a)
(3) of the Code); provided that , Compensation shall include any elective deferral as defined by section 402(g)(3) of the Code, all employee
contributions to an annuity under section 403(b) of the Code, and any amount which is contributed or deferred by a Participating Company or
Affiliated Company at the election of the Employee and which is not includible in the gross income of the Employee by reason of sections 125,
132(f) or 457 of the Code.
(c) Only compensation not in excess of $255,000, as adjusted for cost-of-living increases in accordance
with section 401(a)(17)(B) of the Code, shall be considered for all purposes under the Plan. The limitation described in this subsection (c) shall
be applied beginning from the first day of the Plan Year regardless of whether the applicable Employee transfers employment between the
NBCUniversal and its subsidiaries and the Company and its subsidiaries during such Plan Year.
(d) For purposes of Article III, except Section 3.11, as applied to Covered Union Employees (Broadband),
Compensation shall mean base pay (prior to reductions under sections 125 and 401(k) of the Code), bonuses (other than STIP and executive
STIP listed below), payments received under the Company Sickness and Accident Disability Plan or short term disability payments under the
Company Disability Plan, commissions, and buyout of base pay due to demotion or resulting from pay parity, but shall not include: (1) shift,
expatriate, and geographic differentials, overtime, non-cash payments, relocation allowances and special cash payments such as hire, stay or
referral payments; (2) payments under the Short-Term Incentive Program (STIP), and executive bonuses including long-term payments and
Executive Short-Term Incentive Plan (ESTIP); (3) payments made for waiver of medical coverage, previously deferred compensation, exercise
of stock options, gross-
up amounts or cashout of paid time off; (4) deferred compensation in any nonqualified plan; or (5) any compensation that
is paid with an effective date after retirement or termination of employment.
(e) Notwithstanding anything in the Plan to the contrary, effective on and after January 1, 2006,
Compensation shall not include any payments of compensation as described above in subsections (a), (b) and (d) that are paid more than 75
calendar days after an Employee’s Separation from Service.
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