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HomeMy WebLinkAbout1405 ~ ~ k. . ~c~:. 23U PaG: 063 a Participant, but who has ceased to be a Participant for any reason. 1.19 "Hour of Service" shall mean each hour for which the Employee is directly or indirectly compensated, or entitled to compensation, by the Employer for performing duties during the applicable computation period, including Hours of Service for back pay awarded or agreed to by the Employer, without regard to mitigation. If at any time, this definition or any part thereof conflicts with Regulations under the Act issued by the Department of Labor, the provisions of those Regulations shall control. However, all questions of interpretation of this definition which are not in conflict with Department of Labor Regulations shall be settled in the Employee's favor. 1.20 "Investment Manager" means any person, firm or corporation who is a registered investment adviser under the Investment Adviser's Act of 1940, a bank or any insurance company, and (a) who has the power to manage, acquire, or dispose of Plan assets, and (b) who acknowledges in writing his fiduciary responsibility to the Plan. 1.21 "Late Retirement Date" means the Anniversary Date coincid- ing with or next following a Participant's actual retirement after having reached his Normal Retirement Date. 1.22 "Normal Retirement Date" means the first day of the month coinciding with or next following the Participant's 65th birthday. 1.23 "Participant" shall mean any Eligible Employee who elects to participate in the Plan as provided in Section 3.2 and has not for any reason become ineligible to participate further in --the Plan. 1.24 "Plan Year" means the Plan's accounting year of 12 months commencing on May 1 of each year and ending the following April 30th. E 1.25 "Present Value of Accrued Benefit" means the value of a Participant's Accrued Benefit as determined in Section 1.1 of this Article. 1.26 "Retirement Date" means the date as of which a Partici ant P retires for reasons other than Total and Permanent Disability, whether such retirement occurs on a Participant's Normal Retirement Date, Early Retirement Date, or Late Retirement Date (see Section S.1) . 1.27 "Retired Participant" means a person who has been a Participant, but who has become entitled to retirement benefits under the Plan. ~ 1.28 "Total and Permanent Disability" means a physical or ~ mental condition of a Participant resulting from bodily injury, ~ disease, or mental disorder which renders him incapable of continu- a ing his usual and customary employment with the Employer. The disability of a Participant shall be determined by a licensed physician chosen by the Administrator. The determination-shall 6 - be-applied- uniformly-to- all- Participants. - -4- 4 aao~ 315 PaGE 1~~ 43 ~H' 230 Ps~~ _ 063