NetSpend 2011 Annual Report Download - page 140
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2.23
Eligible Employee. Eligible Employee means a member of a “select group of management or highly compensated employees” of a
Participating Employer within the meaning of Sections 201(2), 301(a)(3) and 401(a)(1) of ERISA, as determined by the Committee
from time to time in its sole discretion.
2.24
Employee. Employee means a common-law employee of an Employer.
2.25
Employer. Employer means, with respect to Employees it employs, the Participating Employer and each Affiliate thereof.
2.26
ERISA. ERISA means the Employee Retirement Income Security Act of 1974, as amended from time to time.
2.27
Participant. Participant means an Eligible Employee who has received notification of his or her eligibility to defer Compensation
under the Plan under Section 3.1 and any other person with an Account Balance greater than zero, regardless of whether such
individual continues to be an Eligible Employee. A Participant’s continued participation in the Plan shall be governed by Section 3.2
of the Plan.
2.28
Participating Employer. Participating Employer means the Company and each Adopting Employer.
2.29
Payment Schedule.
Payment Schedule means the date as of which payment of an Account under the Plan will commence and the form
in which payment of such Account will be made.
2.30
Performance-Based Compensation. Performance-Based Compensation means Compensation where the amount of, or entitlement to,
the Compensation is contingent on the satisfaction of pre-established organizational or individual performance criteria relating to a
performance period of at least 12 consecutive months. Organizational or individual performance criteria are considered pre-
established
if established in writing by the Compensation Committee of the Company not later than 90 days after the commencement of the period
of service to which the criteria relate, provided that the outcome is substantially uncertain at the time the criteria are established. The
determination of whether Compensation qualifies as “Performance-Based Compensation” will be made in accordance with Treas.
Reg. Section 1.409A-1(e) and subsequent guidance.
2.31
Plan. Generally, the term Plan means the “NetSpend Holdings, Inc. Deferred Compensation Plan” as documented herein and as may
be amended from time to time hereafter. However, to the extent permitted or required under Code Section 409A, the term Plan may in
the appropriate context also mean a portion of the Plan that is treated as a single plan under Treas. Reg. Section 1.409A-1(c), or the
Plan or portion of the Plan and any other nonqualified deferred compensation plan or portion thereof that is treated as a single plan
under such section.
5