Tyson Foods 2014 Annual Report Download - page 214

with his or her participation in the Plan if the Participant experiences a Separation from Service within one (1) year
of his or her original date of hire with the Company or any Affiliate.”
6. By deleting, effective March 1, 2007, Section 3.5 in its entirety and by substituting therefor the following:
“3.5 Inactive Participant .
(a) 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 a
Participant is classified as an Inactive Participant,. In addition, any Compensation paid or services
rendered during any prior period of time when an Inactive Participant was an Active Participant shall be
disregarded, except as provided below:
(1) Eligible Contracted Officer to Ineligible Contracted Officer
. An Active Participant
who ceases to be an Eligible Contracted Officer but who continues to be a Contracted Officer
shall receive credit for Compensation earned and Creditable Service performed for his or her
prior period of time as an Eligible Contracted Officer for purposes of Sections 4.2(a)(1) and 4.2
(b)(1).
(2) Eligible Contracted Officer to Non-Officer
. An Active Participant who ceases to
be a Contracted Officer before re-
qualifying as an Active Participant shall receive credit for
Compensation earned and Creditable Service performed for his or her prior period of time as an
Eligible Contracted Officer for purposes of Sections 4.2(a)(1) and 4.2(b)(1), provided he or she
returns to Eligible Contracted Officer status within five (5) years from losing that status.
(b) Special Crediting by Plan Administrator
. Compensation and Creditable Service shall be
recognized to the extent expressly awarded to an Inactive Participant by the Plan Administrator pursuant to
Sections 2.7(c) and 2.9.
(c) Section 9.3/9.5 Events
. Notwithstanding the other limiting provisions of this Section 3.5, a
Participant who has his or her Active Participant status terminated solely by reason of
Section 2.21(a)(4) shall
be subject to the general provisions of the Plan, as expressly modified by Section 9.3 or 9.5, as applicable.”
7. By deleting, effective July 1, 2014, Section 4.1(c) in its entirety and by substituting therefor the following:
“(c) An Active Participant , or an Inactive Participant who is then a Contracted Officer and,
who has
become subject to a Disability prior to earning a Nonforfeitable right to benefits under either Section 4.1(a) or (b)
above shall have a Nonforfeitable right to benefits under this Section 4, subject to the provisions of Sections 6.3 and
8.5, and may retire prior to Normal Retirement Age
and receive payment of a Disability Retirement Allowance under
the SERP.
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