VMware 2013 Annual Report Download - page 120
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212
2.11 “Disability” means a determination by the Administrator that the Participant is either (a) unable to engage in
any substantial gainful activity by reason of any 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 12 months, or
(b) is, by reason of any medically determinable physical or mental impairment which can be expected to result in
death or last for a continuous period of not less than twelve months, receiving income replacement benefits for a
period of not less than three months under an accident and health plan covering employees of the Employer.
Additionally, a Participant will be considered to have incurred a Disability if he is determined to be totally
disabled by the Social Security Administration or the Railroad Retirement Board.
2.12 “Eligible Employee”
means an employee of the Employer who satisfies the requirements in Section 2.01 of the
Adoption Agreement.
2.13 “Employer” means the Plan Sponsor and any other entity which is authorized by the Plan Sponsor to
participate in and, in fact, does adopt the Plan.
2.14
“ERISA”
means the Employee Retirement Income Security Act of 1974, as amended.
2.15 “Identification Date” means the date as of which Key Employees are determined which is specified in Section
1.06 of the Adoption Agreement.
2.16
“
Key Employee
”
means an employee who satisfies the conditions set forth in Section 9.6.
2.17 “Participant” means an Eligible Employee or Director who commences participation in the Plan in accordance
with Article 3.
2.18 “Plan” means the unfunded plan of deferred compensation set forth herein, including the Adoption Agreement
and any trust agreement, as adopted by the Plan Sponsor and as amended from time to time.
2.19 “Plan Sponsor” means the entity identified in Section 1.03 of the Adoption Agreement or any successor by
merger, consolidation or otherwise.
2.20
“
Plan Year
”
means the period identified in Section 1.02 of the Adoption Agreement.
2.21 “Related Employer” means the Employer and (a) any corporation that is a member of a controlled group of
corporations as defined in Code Section 414(b) that includes the Employer and (b) any trade or business