Saks Fifth Avenue 2008 Annual Report Download - page 169

Whether or not a Participant meets any or all of the above conditions will be determined solely and exclusively by the
Committee.
The effective date of this amendment and restatement is January 1, 2009, except as otherwise indicated within a specific
provision.
2.11 “Corporation” means Saks Incorporated, a Tennessee corporation, and any business organization or corporation into which
Saks Incorporated may be merged or consolidated or by which it may be succeeded.
2.12 “Deferral Election” means an election made by a Participant to defer Compensation and/or Stock Grants into the Plan, and
shall involve selections regarding:
(a) the percentages of Basic Compensation, Bonus Compensation, and/or Stock Grant (separate percentages for each) to be
deferred into the Plan;
(b) the Class Share(s) into which such deferral amounts are to be credited, along with the portion of each such deferral amount
to be credited to the respective selected Class Share(s); and/or
(c) if not already established, the payout parameters (pursuant to Section 5.02 hereof) associated with each applicable Class
Share.
2.13 “Deferred Compensation Account” means the account established by the Participating Companies pursuant to Article 4 of this
Plan for each Participant to which shall be credited (added) the Participant’s Elective Deferral Amounts, Lost Match Amounts,
Other Employer Amounts, and Investment Credits thereon and from which any distributions and in-service withdrawals shall be
subtracted.
2.14 “Director” means a member of the Board.
2.15 “Disability” means a physical or mental condition of a Participant resulting in:
(a) evidence that the Participant is deemed to be totally disabled by the Social Security Administration, or
(b) evidence that the Participant is unable to engage in any substantial gainful activity by reason of such condition physical or
mental condition that can be expected to result in death or can be expected to last for a continuous period of not less than
12 months.
(c) evidence that the Participant, by reason of such physical or mental condition that can be expected to result in death or can
be expected to last for a continuous period of not less than 12 months, is receiving disability benefits for a period of not
less than three months under a disability insurance program sponsored by a Participating Company.
2.16 “Effective Date” means April 1, 1997, the date the Plan was established.
2.17 “Elective Deferral Amounts” means amounts credited by a Participating Company to a Participant’s Deferred Compensation
Account due to the Participan
t
’s Deferral Election made with regard to Basic Compensation and Bonus Compensation.
12/14/2008
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