Tyson Foods 2014 Annual Report Download - page 212

A Participant described in Section 2.21(b)(2) above who earns a Nonforfeitable right to his or her SERP
retirement benefit while an Inactive Participant shall be eligible for retirement benefits in accordance with
Section 4 from and after the date the SERP retirement benefit becomes Nonforfeitable. However, as set forth in
Section 3.5, for purposes of Sections 4.2(a)(1) and 4.2(b)(1), no increase in SERP retirement benefits shall be
attributed to Compensation paid or for services rendered during the period of time that such a Participant is
classified as an Inactive Participant.”
2. By adding, effective for Retired Participants commencing the payment of SERP retirement benefits on or after
January 1, 2015, new Section 2.27A as follows:
“2.27A ‘Spouse ’ means a person who, at the time payment of a Retired Participant’
s SERP retirement
benefits are to commence
, is alive and married to the Participant and has been married for at least one year to the
Participant as evidenced by a valid marriage certificate. For purposes of determining whether a same-
sex spouse
constitutes a “Spouse”
hereunder, Spouse means the individual to whom a Participant is lawfully married
according to the law of the state or other jurisdiction in which such marriage occurred.”
3. By deleting, effective as of March 12, 2004, Section 2.28 in its entirety and by substituting therefor the
following:
“2.28 ‘ Vesting Service ’ means:
(a)
Except as otherwise provided in this Section 2.28, the total number of years and completed
months of continuous service rendered by an Active Participant as an employee of the Company or an Affiliate,
whether or not as a Contracted Officer.
(b)
Vesting Service includes any periods of authorized leaves of absence from the Company or any
Affiliate by a Participant, including but not limited to leaves required to be granted pursuant to the Family and
Medical Leave Act of 1993 and the Uniformed Services Employment and Reemployment Rights Act, and,
notwithstanding any other provision of this Plan to the contrary, any period of an authorized leave of absence while
disability benefits are being paid to the Participant under a short-term or long-
term disability plan then maintained by
the Company or an Affiliate.
(c) An Active Participant who ceases to be an Eligible Contracted Officer but who continues to be a
Contracted Officer shall receive credit for Vesting Service while his or her status as a Contracted Officer
continues.
(d) An Active Participant who ceases to be a Contracted Officer before re-
qualifying as an Active
Participant shall receive credit for Vesting Service performed for his or her prior continuous period of service as
an employee of the Company or an Affiliate, provided he or she returns to Eligible Contracted Officer status
within five (5) years from losing his or her status as an Eligible Contracted Officer; however, such credit shall
count only for purposes of determining whether his or her SERP retirement benefits are Nonforfeitable and not
for purposes of determining the amount of the SERP retirement benefit under either Section 4.2(a)(2) or Section
4.2(b)(2). Such a Participant shall not earn Vesting Service during the period commencing with the date he or
she ceased to be an Active
2