ARTICLE I
PURPOSE OF PLAN
The purpose of the Washington Group International Restoration Plan is to restore Company matching contributions that have been limited under a Company 401(k) Plan due to certain restrictions imposed on the compensation that may be deferred by participants in such Company 401(k) Plan. The restoration of such Company matching contributions is accomplished by crediting a restoration account maintained under this Plan. This Plan is intended to qualify under Sections 201(2), 301(a)(3) and 401(a)(1) of ERISA as an unfunded plan maintained primarily for the purpose of providing deferred compensation for a select group of management or highly compensated employees.
ARTICLE II
DEFINITIONS
Section 2.1 Definitions. Whenever used in this instrument the following terms shall have the following respective meanings set forth in this Section 2.1:
Account means the restoration account maintained for a Participant pursuant to Article IV.
Administrative Committee means an administrative committee designated by the Committee for the purpose of overseeing the day-to-day administration and operation of the Plan in accordance with Section 6.1.
Beneficiary means the person designated, or deemed designated, by the Participant pursuant to Article VII, who will receive payments as provided under the Plan in the event of the Participants death.
Board means the Board of Directors of the Plan Sponsor.
Code means the Internal Revenue Code of 1986, as amended.
Committee means the Compensation Committee of the Board, which committee shall be responsible for administering and operating the Plan in accordance with Article VI.
Company means the Plan Sponsor and each affiliate of the Plan Sponsor.
Company 401(k) Plan means, as applicable with respect to a Participant, the Washington Group International, Inc. 401(k) Retirement Savings Plan, the Westinghouse Government Services Group Savings Plan or the Westinghouse Savannah River Company/Bechtel Savannah River, Inc. Savings and Investment Plan.
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Deferred Compensation Plan means the Washington Group International Voluntary Deferred Compensation Plan, in effect as of January 1, 2003 and as may be amended.
Disability has the meaning assigned to such term in the Participants employment agreement with a Company, or if there is no such employment agreement in effect in which such term is defined, Disability means any illness or other physical or mental condition of the Participant for which he is eligible to receive benefits under the long-term disability plan of a Company in which such Participant participates. In the event that a Participant does not participate in such a long-term disability plan of a Company, the determination of whether a Disability exists for purposes of the Plan shall be determined by the Committee.
Effective Date means January 1, 2003.
Eligible 401(k) Compensation means (i) with respect to a Participant who is a Washington Group 401(k) Participant, the compensation that may be deferred for a Plan Year under the Washington Group International, Inc. 401(k) Retirement Savings Plan, and (ii) with respect to a Participant who is a Westinghouse 401(k) Participant, the compensation that may be deferred for a Plan Year under the Westinghouse Government Services Group Savings Plan or the Westinghouse Savannah River Company/Bechtel Savannah River, Inc. Savings and Investment Plan. However the term Eligible 401(k) Compensation shall not include any amounts designated by the Company as not being eligible compensation under this Plan.
ERISA means the Employee Retirement Income Security Act of 1974, as amended.
401(a)(17) Limit means the maximum amount of annual compensation taken into account pursuant to Section 401(a)(17)(A) of the Code as in effect from time to time (which, in calendar year 2003, is Two Hundred Thousand Dollars ($200,000)).
Incentive Compensation means, with respect to a Westinghouse 401(k) Participant, cash incentive compensation of a type that could be deferred under the Washington Group International, Inc. 401(k) Retirement Savings Plan if the Participant were a Washington Group 401(k) Participant. However, the term Incentive Compensation shall not include any amounts designated by the Company as not being eligible compensation under this Plan.
Qualifying Position has the meaning ascribed to such term in Section 3.1(a).
Participant means a Washington Group 401(k) Participant or a Westinghouse 401(k) Participant who has been selected for participation in this Plan pursuant to Section 3.1.
Plan means the Washington Group International Restoration Plan, as set forth herein and as amended from time to time.
Plan Sponsor means Washington Group International, Inc., and its successors and assigns.
Plan Year means the calendar year.
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