Avis 2008 Annual Report Download - page 205

1.16. “Effective Date of the Salaried Plan” shall mean January 1, 1972.
1.17. “Employee” shall mean any person employed by the Company and with respect to persons employed by Cendant Car Rental,
Inc. only, those persons who were previously employed by the Prior Company, and who receives Compensation, whether on an annual or hourly
basis or otherwise, other than a pension or retainer; provided, however, that except as the Board of Directors may otherwise provide on a basis
uniformly applicable to all persons similarly situated, no person shall be an Employee for purposes of the Plan who (a) is engaged as a consultant
or (b) is accruing benefits in respect of current service under any other pension, retirement, qualified profit-sharing or other similar plan of the
Company or the Prior Company or of any Associated Company or of any subsidiary or affiliated company of the Company; and provided,
further, that no person shall be an Employee for purposes of the Plan whose terms and conditions of employment are determined by a collective
bargaining agreement with the Company which does not make this Plan applicable to him.
1.17.1 For all purposes of the Plan, any person who is an employee of an entity (herein referred to as a “Designated Foreign
Corporation”) (a) which is created under the laws of a country other than the United States of America, (b) of which a majority interest is owned
directly or indirectly by the Company, and (c) which has previously notified the Committee that an agreement hereinafter described has become
effective, shall be deemed to be an Employee during his continuous employment thereafter by such Designated Foreign Corporation, provided
that the Company has entered into an agreement under section 3121(1) of the Code and has satisfied the provisions of section 406 of the Code.
1.17.2 The Committee may designate on a non-discriminatory basis such resident aliens of the United States, who are employed by a
Designated Foreign Corporation, who shall be deemed Employees under the Plan.
1.17.3 Resident aliens of the United States who are employed by the Company within the United States shall be treated as Employees
for all Plan purposes while so employed.
1.17.4 Any person (other than an Employee) who provides services to the Company or an affiliate of the Company and who is treated
as an Employee of the Company or such affiliate for purposes of certain pension requirements under section 414(n) of the Code (a “Leased
Employee”), shall be deemed to be an Employee of the Company or such affiliate for purposes of the service definitions and rules of the Plan.
Leased Employee means any person (other than an Employee of the Company or affiliate) who, pursuant to an agreement between the Company
or affiliate and any other person (“leasing organization”), has performed services for the Company or affiliate (or for the Company or affiliate
and any related persons determined in accordance with section 414(n)(6) of the Code) on a substantially full-time basis for a period of at least
one (1) year, and such services are, prior to January 1, 1997, of a type historically performed by employees in the business field of the Company,
and on or after January 1, 1997, performed under the primary direction and control of the Company or affiliate. Notwithstanding the foregoing,
no Leased Employee shall be eligible to participate in this Plan by reason of this Section 1.17.4. For purposes of participation in the Plan, the
term Employee shall exclude any
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