EMC 2010 Annual Report Download - page 106

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2.24. "Retirement" means a Participant's Separation from Service resulting from retirement after the Participant has (a) attained fifty-five (55) years of
age and completed five (5) years of service with the Company and its Subsidiaries or (b) completed twenty (20) years of service with the Company and its
Subsidiaries.
2.25. "Separation from Service" means a Participant's death, Retirement, or other "separation from service" as defined under Code section 409A(a)(2)
(A)(i). A Separation from Service will not occur when a Participant reduces his hours of employment so long as the reasonably anticipated level of bona fide
services performed is greater than or equal to 21% of the average level of bona fide services provided in the immediately preceding thirty-six (36) months (or
such shorter period as the Participant shall have performed services).
2.26. "Specified Employee" means any Participant who the Company has determined to be a specified employee under Code section 409A(a)(2)(B)
for the year in which the Participant experiences a Separation from Service.
2.27. "Subsidiary" or "Subsidiaries" means a corporation or corporations in which the Company owns stock, directly or indirectly, and that are in the
same "controlled group" of corporations as the Company. "Controlled group" is defined in Code section 414(b), except that a 50 % ownership test applies
rather than an 80 % percent test.
Article 3. PARTICIPATION
3.1. Commencement of Participation. Any individual who is an Eligible Employee and who has elected to defer part of his or her Compensation for
the Plan Year in accordance with Section 4.1, or who has been selected by the Company in its sole discretion to receive a Company Credit in accordance with
Section 4.2, will become a Participant on the date the election or credit is made. As of November 3, 2010, members of the Board will no longer be eligible to
defer amounts under the Plan, but shall continue as Participants with respect to previously deferred amounts in accordance with Section 3.2.
3.2. Continued Participation. An individual who has become a Participant in the Plan will continue to be a Participant so long as any amount remains
credited to his or her Account.
4