US Cellular 2008 Annual Report Download - page 114

8.3 Special Definitions. Solely for purposes of this Article VIII, the following capitalized terms shall
have the following meanings:
(a) ‘‘Account Balance Plan’’ shall mean an ‘‘account balance plan’’ within the meaning of
Treasury Regulation §1.409A-1(c)(2)(i)(A) (whether elective or non-elective in nature) maintained by
an Employer or any affiliate thereof. ‘‘Affiliate’’ for this purpose shall mean (i) a corporation that is a
member of the same controlled group of corporations (within the meaning of section 414(b) of the
Code) as an Employer or (ii) a trade or business (whether or not incorporated) under common
control (within the meaning of section 414(c) of the Code) with an Employer. An Account Balance
Plan shall include, without limitation, (i) the deferral program set forth in this Article VIII, (ii) the
Company’s Executive Deferred Compensation Interest Account Plan, (iii) the interest-bearing and
phantom stock deferral arrangements maintained by TDS and TDS Telecommunications Corporation
and (iv) the Telephone and Data Systems, Inc. Supplemental Executive Retirement Plan.
(b) ‘‘Distributable Balance’’ shall mean the portion of an employee’s Deferred Compensation
Account that is vested.
(c) ‘‘Newly Eligible Employee’’ shall mean an employee who (i) newly is eligible to participate
in the deferral program set forth in this Article VIII and (ii) was not, at any time during the 24-month
period ending on the date on which he or she became eligible to participate in such deferral
program, eligible to participate in an Account Balance Plan (irrespective of whether such employee
in fact elected to participate in such plan). For this purpose, an employee is not eligible to
participate in an Account Balance Plan solely on account of the accrual of interest or earnings on
amounts previously deferred thereunder.
(d) ‘‘Permanent Disability’’ shall mean an employee’s (i) inability to engage in any substantial
gainful activity or (ii) receipt of income replacement benefits for a period of not less than three
(3) months under an accident and health plan covering employees of the employee’s employer, in
each case as a result of a medically determinable physical or mental impairment which can be
expected to result in death or can be expected to last for a continuous period of not less than twelve
(12) months.
(e) ‘‘Retirement’’ shall mean an employee’s Separation from Service on or after his or her Early
or Normal Retirement Date (as defined in the Telephone and Data Systems, Inc. Pension Plan).
(f) ‘‘Unforeseeable Emergency’’ shall mean a severe financial hardship to an employee
resulting from (i) an illness or accident of the employee, the employee’s spouse, the employee’s
designated beneficiary or the employee’s dependent (as defined in section 152 of the Code, without
regard to sections 152(b)(1), (b)(2) and (d)(1)(B)), (ii) the loss of the employee’s property due to
casualty (including the need to rebuild a home following damage to a home not otherwise covered
by insurance, irrespective of whether caused by a natural disaster), or (iii) other similar extraordinary
and unforeseeable circumstances arising as a result of events beyond the control of the employee.
Examples of what may be considered to be ‘‘Unforeseeable Emergencies’’ include (a) the imminent
foreclosure of or eviction from an employee’s primary residence, (b) the need to pay for medical
expenses, including non-refundable deductibles and the cost of prescription drug medication and
(c) the need to pay for funeral expenses of the employee’s spouse, designated beneficiary or
dependent. With limited exception, an ‘‘Unforeseeable Emergency’’ does not include the need to
send an employee’s child to college or the desire to purchase a home.
ARTICLE IX
GENERAL
9.1 Effective Date and Term of Plan. This amended and restated Plan shall be submitted to the
stockholders of the Company for approval at the 2005 annual meeting of stockholders and, if approved,
shall become effective as of February 22, 2005. The Plan shall terminate ten years after its effective date,
unless terminated earlier by the Board. Termination of the Plan shall not affect the terms or conditions of
any award granted prior to termination. In the event that the Plan, as amended and restated herein, is
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