{"id":40745,"date":"2015-09-17T11:25:58","date_gmt":"2015-09-17T16:25:58","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-legal\/contracts\/uncategorized\/voluntary-separation-plan-for-officers-albertson-s-inc.html"},"modified":"2015-09-17T11:25:58","modified_gmt":"2015-09-17T16:25:58","slug":"voluntary-separation-plan-for-officers-albertson-s-inc","status":"publish","type":"corporate_contracts","link":"https:\/\/corporate.findlaw.com\/contracts\/compensation\/voluntary-separation-plan-for-officers-albertson-s-inc.html","title":{"rendered":"Voluntary Separation Plan for Officers &#8211; Albertson&#8217;s Inc."},"content":{"rendered":"<pre>\n               ALBERTSON'S VOLUNTARY SEPARATION PLAN FOR OFFICERS\n                             EFFECTIVE JULY 18, 2001\n\n\n                               SECTION 1--PURPOSE\n\nThe  purpose of the  Albertson's  Voluntary  Separation  Plan for  \nOfficers (\"Plan\")  is  to  provide  separation  pay  to  certain  \nfull-time  officers  of Albertson's, Inc. and its subsidiaries \n(collectively the \"Company\") who elect to voluntarily  terminate  \nemployment in connection with the Company's cost control initiatives,  \nduring the period from July 18,  2001 to August 2, 2001.  The Plan\nwill terminate on December 31, 2001.  When the employment of such \nofficers is so terminated, the employment relationship shall be \ncompletely severed and affected officers  shall have no current or \nfuture  right to  employment  on a full-time, part-time, per diem or \nother basis.\n\nThe Plan is intended to be an \"employee  welfare benefit plan\" as that \nterm is defined in Section 3(1) of the  Employee  Retirement  Income  \nSecurity Act of 1974,  as amended.  Separation  benefits  for  \nofficers for this period shall be determined  exclusively  under  this \nPlan  except  as  otherwise  provided  in a separate  written  \nagreement.  All  of  the  corporate  policies  and  practices regarding  \nseparation,  or similar  payments upon employment  termination,  with\nrespect to officers eligible to participate herein are hereby \nsuperseded by this Plan.  Benefits under this Plan are in no way \ncontingent upon  retirement  under any Company retirement plan.\n\n\n                             SECTION 2--DEFINITIONS\n\nThe following  capitalized  terms shall have the meanings set forth in \nthis Section 2 unless the context clearly indicates otherwise:\n\n2.1  Administrator means the Company or its delegatees.\n\n2.2  Company means Albertson's, Inc. and its wholly-owned subsidiaries.\n\n2.3  Effective Date means July 18, 2001.\n\n2.4  ERISA means the Employee  Retirement  Income  Security Act of 1974, \nas amended. \n\n2.5  Officer  means any  active,  full-time  officer of the  Company who is\nlisted as an Officer  on  Exhibit C hereto  who has been  continuously\nemployed by the  Company for at least  twenty full Years of Service as\nof December 31, 2001. An Officer who is on a Company-approved leave is\nconsidered  \"active\" if the leave  commenced after May 1, 2001 and the\nOfficer is properly  and actively at work at any time between July 18,\n2001 and August 2, 2001.  For  purposes  of this Plan,  \"Officer,\"  as\ndefined in Exhibit C excludes  any  individual  who has an  individual\nemployment or severance agreement with the Company.\n\n                                       1\n\n\n\n     2.6  Participant  means an Officer who during the period from July 18, 2001\n          to  August  2,  2001  submits a  completed  and  signed  participation\n          election  (see  Exhibit A) to the  Company  and who is accepted by the\n          Company as a Participant.\n\n     2.7  Pay or Base Pay means the  Officer's  regular  base salary on the date\n          that  such  Officer  submits  the  appropriate   form  to  voluntarily\n          terminate  his or her  termination  of  employment  with the  Company,\n          excluding all extra pay such as premiums, bonuses, commissions, living\n          or other allowance. Base Pay will not be increased or decreased during\n          the period between the date that such Officer  submits the appropriate\n          form to voluntarily  terminate his or her employment  with the Company\n          pursuant to this Plan and his or her Separation Date.\n\n     2.8  Plan means the  Albertson's  Voluntary  Separation  Plan for Officers.\n          \n     2.9  Plan Year means the period from July 18,  2001  through  December  31,\n          2001. \n\n     2.10 Release   Agreement   means  the  Separation   Agreement  and  Release\n          substantially  in the form  attached  hereto as Exhibit B which  shall\n          include a general  release given by the Participant to the Company and\n          other matters stated  therein.  The Release  Agreement  shall bind the\n          Participant and the Company\n\n     2.11 Separation  Date  means  the  date  established  by the  Company  as a\n          Participant's last day of employment. \n\n     2.12 Years of Service  shall mean the  completed  12-month  periods  during\n          which an Officer  has been  employed  by the  Company on a  continuous\n          basis measured from the Officer's most recent hire date or rehire date\n          (not an adjusted or reinstated hire date).\n\n\n                       SECTION 3--ELIGIBILITY AND PAYMENT\n\n     3.1  An Officer who  desires to become a  Participant  must submit  between\n          July 18 and August 2, 2001 a form provided by the Company  pursuant to\n          which he or she elects to voluntarily  terminate his or her employment\n          with the Company  pursuant to this Plan. The Company's Vice President,\n          Human Resources  Administration  shall review the form with respect to\n          the Plan's  eligibility  criteria  and shall  approve the  election to\n          participate if the  eligibility  criteria are met. Each  Participant's\n          Separation  Date shall be established by Company  management and shall\n          be no later than November 2, 2001; provided, however, that the Company\n          reserves  the right to delay a  Participant's  Separation  Date beyond\n          November 2, 2001.\n\n     3.2  A  Participant  shall be entitled to the  separation  pay set forth in\n          Section 4 hereof, if:\n\n          (a)  the Officer returns a completed and executed Release Agreement to\n               the Vice President,  Human Resources  Administration  (fax number\n               208-395-4844)  within the time  period  specified  in the Release\n               Agreement after such person's Separation Date; and,\n\nvolsepplan-ofcrs(final7-13-2001)-Exh10-38                          June 15, 2001\n\n\n          (b)  the  Officer  is  not  and  does  not  become  disqualified  from\n               receiving separation pay pursuant to Section 3.3 hereof.\n\n     3.3  A Participant shall not be entitled to the separation pay set forth in\n          Section 4 hereof, if:\n\n          (a)  the Officer  fails to return a signed  Release  Agreement  to the\n               Company  within the time period  specified  by the Company  after\n               that person's Separation Date; or\n\n          (b)  the Officer (i) terminates his or her  employment,  (ii) fails to\n               show up and  attend  work  prior  to his or her  Separation  Date\n               and\/or (iii) fails to  adequately  perform his or her  employment\n               duties as  determined by the Company in its sole  discretion.  An\n               Officer who terminates before the Separation Date is not eligible\n               to receive any benefit under this Plan; or\n\n          (c)  prior  to  the  Separation  Date,  the  Company   terminates  the\n               employment of the Officer and either (i) separation is the result\n               of actions by the Officer which,  as determined by the Company in\n               its sole  discretion,  would  normally  result in  termination or\n               discharge,  or (ii) the Company determines after such termination\n               that the Officer had  engaged in conduct  that was  significantly\n               detrimental  to  the  Company,  in  clear  violation  of  Company\n               policies  or  procedures,  or  that  resulted  in a  cost  to the\n               Company,  and that would result in  termination  or discharge had\n               such conduct been known to the Company prior to such termination.\n\n     3.4  Prior to the date the  Participant's  employment with the Company will\n          terminate,  such Participant will receive a Release Agreement.  If the\n          Participant  accepts  and  agrees  to  his or  her  separation  pay as\n          determined,  he or she shall execute the Release  Agreement and return\n          it to the Vice President,  Human Resources  Administration  within the\n          time period  specified by the Company  following his or her Separation\n          Date. Such Release Agreement must be timely and appropriately executed\n          by its terms for  Participants  to qualify for  payments  and benefits\n          under Section 4.\n\n\n                 SECTION 4--AMOUNT AND PAYMENT OF SEPARATION PAY\n\n     4.1  A  Participant's  separation  pay  under  this  Section 4 shall be the\n          number of weeks of Pay set forth in the  following  schedule  based on\n          such  Participant's  status  and his or her  number  of full  Years of\n          Service and shall be paid in one lump sum as soon as practicable after\n          the  Participant's  Separation  Date with the  Company or such  longer\n          period as may be required by the Release Agreement. Amounts to be paid\n          are based on the Officer's  Years of Service and employment  status as\n          follows:\n\n          In the case of  Participants  who have (1) 20-24 Years of Service,  51\n          weeks' Pay, (2) 25-29 Years of Service, 55 weeks' Pay, (3) 30-34 Years\n          of Service,  59 weeks' Pay, and (4) more than 35 Years of Service,  63\n          weeks' Pay. In addition, Participants receive 100 percent target bonus\n          prorated  based on the  number of weeks  actually  worked  during  the\n          fiscal year since the  beginning of the most recent bonus  eligibility\n          period plus 100 percent target bonus prorated based on 39 weeks.\n\n                                       3\n\n\n          Employment  taxes shall be withheld from all  separation  payments but\n          voluntary  deductions  shall not be allowed.  In addition,  any amount\n          payable under this paragraph  shall be reduced (but not below zero) by\n          any  payment  made as required by  government-mandated  programs  that\n          require  payment  of wages and  fringe  benefits  in lieu of notice of\n          closing, layoffs or termination of employment.\n\n     4.2  In addition to the separation  payment  described  above,  the Company\n          will also offer additional benefits to all Participants as follows.\n\n          (a)  Participants  shall have the right to continue medical and dental\n               benefits under the  continuation  health  coverage  provisions of\n               Title X of the Consolidated Omnibus Budget  Reconciliation Act of\n               1986  (COBRA)  after his or her  Separation  Date,  if  otherwise\n               eligible, or may enroll in the Retiree Health Plan. To the extent\n               that the  Participant is eligible for and elects COBRA  coverage,\n               the Company  shall cover the premiums or cost of such coverage on\n               a  monthly  basis  for the  lesser  of (1) the  first 6 months of\n               coverage,  or  (2)  until  Participant  no  longer  qualifies  to\n               participate.  At  the  end of the  Officer's  Company-paid  COBRA\n               coverage,   the  Officer  may  continue  COBRA  coverage  at  the\n               Officer's  expense or may elect to  participate  in the Company's\n               self-pay retiree health care plan. Alternatively, the Officer may\n               elect the  self-pay  retiree  coverage at the end of the 18-month\n               COBRA period.  In no event shall any Participant be entitled to a\n               cash payment in lieu of health coverage.\n\n          (b)  Participants  shall be paid for normal  termination  vacation and\n               any other  earned pay  pursuant  to existing  Company  policy and\n               applicable state law.\n\n          (c)  Benefits under any other employee benefit plans including but not\n               limited to tax-qualified  retirement plans, fringe benefit plans,\n               policies,  programs, stock option plans and nonqualified deferred\n               compensation  sponsored by the Company are governed solely by the\n               terms of those  plans,  programs or  policies.  Participants  may\n               exercise  stock  options,  to the extent  that such  options  are\n               exercisable  under  their  terms.  This Plan does not  change the\n               eligibility, termination or other provisions of those benefits.\n\n          (d)  The Company may offer  additional  benefits or programs which, if\n               offered, will be described in appendices to this Plan.\n\n     4.3  The Company  reserves the right to offset the benefits  payable  under\n          Section 4, by any advance,  loan or other monies the Participant  owes\n          the Company.\n\n\n                            SECTION 5--DEATH BENEFITS\n\n     5.1  If a Participant  dies before  receiving all of his or her  separation\n          pay due under this Plan,  such pay will be distributed in one lump sum\n          cash payment to the Officer's estate.\n\n                                       4\n\n\n\n     5.2  The Administrator may require that any individual or entity purporting\n          to represent a Participant's  estate provide such proof of such status\n          as the Administrator  may deem appropriate,  including but not limited\n          to   letters   testamentary   or  letters   of   administration.   The\n          Administrator shall also require that such individual,  as a condition\n          to receiving the separation pay execute a Release Agreement and agree,\n          in a  provision  to be  incorporated  in  the  Release  Agreement,  to\n          indemnify and hold harmless the  Administrator  and such other persons\n          deemed   appropriate   by  the   Administrator   for   any   financial\n          responsibility, liability or expense arising out of a claim by another\n          party or parties  asserting  entitlement to all or part of the benefit\n          payable  hereunder.  In  addition,  the Company  reserves the right to\n          offset the benefits payable under this Section 5 by any advance,  loan\n          or other monies the  Participant,  with respect to whom the separation\n          pay is being paid, owes the Company.\n\n\n                            SECTION 6--ADMINISTRATION\n\n     6.1  The Company  shall have sole  discretionary  authority  to  interpret,\n          apply  and   administer  the  terms  of  the  Plan  and  to  determine\n          eligibility  for and the amounts of benefits  under the Plan including\n          interpretation of ambiguous plan provisions, determination of disputed\n          facts   or   application   of   Plan   provisions   to   unanticipated\n          circumstances.  The  Company's  decision on any such  matter  shall be\n          final and binding.\n\n     6.2  The Company  shall be the  administrator  of the Plan for  purposes of\n          Section  3(16) of ERISA and shall have  responsibility  for  complying\n          with any ERISA reporting and disclosure  rules  applicable to the Plan\n          for any Plan Year. The  Administrator  may at any time delegate to any\n          other  named  person  or  body,  or  reassume  therefrom,  any  of its\n          fiduciary  responsibilities  (other than trustee  responsibilities  as\n          defined in Section 405(c)(3) of ERISA) or  administrative  duties with\n          respect to this Plan.\n\n     6.3  The  Administrator  may  contract  with one or more  persons to render\n          advice or services with regard to any responsibility it has under this\n          Plan.\n\n     6.4  Subject to the limitations of this Plan, the Administrator  shall from\n          time to time establish such rules for the  administration of this Plan\n          as the Administrator may deem desirable.\n\n\n                           SECTION 7--CLAIMS PROCEDURE\n\n     7.1  If a  Participant  believes  he or she  has  not  been  provided  with\n          separation pay benefits due under the Plan,  then the  Participant may\n          file a  request  for  benefits  under  this  procedure  with  the Vice\n          President,  Human  Resources  Administration  or its  delegate  within\n          ninety  (90) days after the date the  Participant  believes  he or she\n          should have received  such  benefits.  If a  Participant  makes such a\n          request for benefits under the Plan and that claim is denied, in whole\n          or in part,  the  Administrator  shall notify the  Participant  of the\n          adverse  determination  within  ninety (90)  calendar  days unless the\n          Administrator   determines  that  special   circumstances  require  an\n          extension of time for processing. If the Administrator determines that\n          an extension of time is necessary,  written  notice shall be furnished\n          to the claimant prior to the end of the initial  ninety-day period and\n\n                                       5\n\n\n          the  extension   shall  not  exceed  ninety  days  from  the  original\n          ninety-day  period.  The extension  notice shall  indicate the special\n          circumstances  requiring  an  extension  and  the  date by  which  the\n          Administrator expects to render a determination.\n\n          The Administrator shall notify the Participant of the specific reasons\n          for the denial with specific  references to pertinent Plan  provisions\n          on which the denial is based and shall notify the  Participant  of any\n          additional material or information that is needed to perfect the claim\n          and  explanation of why such material or information is necessary.  At\n          that  time the  Participant  will be  advised  of his or her  right to\n          appeal  that  determination,  and given an  explanation  of the Plan's\n          review and appeal  procedure  including  time limits,  and a statement\n          regarding the Participant's  right to bring a civil action under ERISA\n          section 502(a) following an adverse determination or appeal.\n\n     7.2  A  Participant  may  appeal  from  the   determination  or  denial  by\n          submitting to the Administrator  within sixty (60) calendar days after\n          receiving a denial notice:\n\n          (a)  Requesting a review by the Administrator of the claim;\n\n          (b)  Setting  forth all of the  grounds  upon  which the  request  for\n               review is based and any facts in support thereof; and\n\n          (c)  Setting forth any issues or comments which the Participant  deems\n               relevant to the claim.\n\n          The Participant may submit written  comments,  documents,  records and\n          other information relating to his claim. Upon request, the Participant\n          may  obtain  free of  charge,  copies  of all  documents  and  records\n          relevant to his claim.\n\n     7.3  The  Administrator  shall act upon the appeal  taking into account all\n          comments,  documents,  records and other information  submitted by the\n          Participant  without regard to whether such  information was submitted\n          or considered in the initial benefit  determination and shall render a\n          decision  within sixty (60) days, or one hundred  twenty (120) days in\n          special  circumstances,  after  its  receipt  of  the  appeal.  If the\n          Administrator  determines  that an  extension  of  time is  necessary,\n          written notice of the extension  shall be furnished to the Participant\n          prior to the end of the initial sixty-day period. The extension notice\n          shall  indicate  the special  circumstances  requiring an extension of\n          time and the date by  which  the  Administrator  expects  to  render a\n          determination.\n\n          The  Administrator  shall  review the claim and all written  materials\n          submitted  by the  Participant,  and may require him or her to submit,\n          within ten (10) days of its written  notice,  such  additional  facts,\n          documents,  or  other  evidence  as  the  Administrator  in  its  sole\n          discretion  deems  necessary or advisable in making such a review.  On\n          the basis of its review,  the Administrator  shall make an independent\n          determination  of the  Participant's  eligibility for benefits and the\n          amount  of  such  benefits   under  the  Plan.  The  decision  of  the\n          Administrator  on any  claim  shall be final and  conclusive  upon all\n          persons if supported by  substantial  evidence.\n\n                                       6\n\n\n          If the Administrator  denies a claim on review in whole or in part, it\n          shall give the  Participant  written  notice of its  decision  setting\n          forth the  following:  (a) the  specific  reasons  for the  denial and\n          specific  references  to the  pertinent  Plan  provisions on which its\n          decision was based; (b) notice that the Participant may obtain free of\n          charge,  copies  of  all  documents,  records  and  other  information\n          relevant  to the  Participant's  claim;  and  (c) a  statement  of the\n          Participant's  right to bring a civil action under  section  502(a) of\n          ERISA.\n\n     7.4  A Participant or his or her legal  representative may appeal any final\n          decision  by  filing  an  action  in  a  federal  court  of  competent\n          jurisdiction, provided that such action is filed no later than 90 days\n          after  receipt  of the  final  decision  by the  Participant  or legal\n          representative.\n\n\n                               SECTION 8--GENERAL\n\n     8.1  The  benefits  and costs of this Plan shall be paid by the Company out\n          of its general assets.\n\n     8.2  This Plan is intended to be an \"employee  welfare  benefit  plan\",  as\n          defined in Section 3(1), Subtitle A of Title 1 of ERISA. The Plan will\n          be interpreted to effectuate  this intent.  Notwithstanding  any other\n          provision of this Plan, no Officer shall receive hereunder any payment\n          exceeding  twice that Officer's  annual  compensation  during the year\n          immediately  preceding  the  termination  of his  service,  within the\n          meaning of 29 C.F.R.  Section  2510.3-2,  as the same was in effect on\n          the effective date of this Plan.\n\n\n                      SECTION 9--AMENDMENT AND TERMINATION\n\n     The Company  reserves the right to amend this Plan, in whole or in part, or\ndiscontinue or terminate the Plan; provided,  however,  that any such amendment,\ndiscontinuance  or termination  shall not affect any right of any Participant to\nclaim  benefits  under  the  Plan  or as in  effect  prior  to  such  amendment,\ndiscontinuance  or termination,  for events  occurring prior to the date of such\namendment,  discontinuance  or  termination.  An amendment to this Plan,  and\/or\nresolution of discontinuance or termination,  may be made by the  Administrator,\nto the extent permitted by resolution of the Board of Directors.\n\n                                       7\n\n\n\n     IN WITNESS WHEREOF, the Company has caused its officer,  duly authorized by\nits Board of Directors to execute the Plan  effective as of the 18th day of July\n2001.\n\n\n                                       ALBERTSON'S, INC.\n\n\n\n                                       By:  \/s\/ Thomas R. Saldin\n                                                ------------------\n                                       Name:    Thomas R. Saldin\n                                       Its:     Executive Vice President \n                                                and General Counsel\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n                                       8\n\n\n\n                                                                       Exhibit A\n\n                                     SAMPLE\n\n\n--------------------------------------------------------------------------------\n                     ALBERTSON'S VOLUNTARY SEPARATION PLAN\n                                 ELECTION FORM\n--------------------------------------------------------------------------------\n\nInstructions:  Carefully  read this election  form;  the letter,  highlights and\nquestions  and answers  from your  Executive  Vice  President;  the Summary Plan\nDescription sent to your home; and the separation  agreement and release. If you\nhave questions please contact your Human Resources representative,  the intranet\nwebsite, \"Voluntary Separation Plan\" or call toll-free 1-866-669-0998. After you\nhave carefully  considered all information,  and if you are eligible,  make your\ndecision about whether you want to participate in the Voluntary Separation Plan.\nIf you choose Voluntary  Separation,  you must fill in your name and most recent\nhire\/rehire  date on the lines below,  sign and date at the bottom and submit by\nfax  208-395-4844  to David  Biderman by 5:00 p.m. MDT on August 2, 2001. If you\nare eligible for Voluntary  Separation  your supervisor will talk with you about\nan appropriate  termination date. Also, you will be informed of a time period in\nthe future when you must sign and submit to Boise Human Resources the Separation\nAgreement and Release (a sample is attached to the Summary Plan Description). Do\nnot submit the sample Separation Agreement and Release with this Election Form.\n\n     I,  ____________________________  have  reviewed the offer made to me by my\nemployer and elect to voluntarily  terminate my  employment,  whether it is with\nAlbertson's Inc. or any of its subsidiaries  (collectively,  the \"Company\"),  in\naccordance  with the  applicable  Albertson's  Voluntary  Separation  Plan,  and\nsubject to the terms and  conditions of such Plan and the  Separation  Agreement\nand  Release.  My  decision  is fully  voluntary.  It is based  entirely  on the\nexplanation of the Plan contained in the written information that has been given\nto me and not on any statement or  representation  made to me by an  Albertson's\nassociate or  representative.  I  understand  this signed  Election  Form and my\neligibility are subject to verification  and that I will be required to sign the\nSeparation  Agreement and Release  during a time period the Company will provide\nto me later.  I also  understand  this  signed form must be  submitted  to David\nBiderman by fax 208-395-4844  between July 18, 2001 and August 2, 2001 5:00 p.m.\nMDT. The effective date of my voluntary  termination will be set by a supervisor\nover my area of responsibility. In any event, my separation from employment will\noccur between  August 6, 2001,  and November 2, 2001.  The Company  reserves the\nright to delay an eligible associate's  employment separation beyond November 2,\n2001, however.\n\n\n---------------------------------          -------------------------------------\nYour Most Recent Hire\/Rehire Date                    Associate: Print Name\n\n\nDate:                                      Signature:\n\n      ---------------------------          -------------------------------------\n                                                     Associate: Signature\n\n--------------------------------------------------------------------------------\n                           TO BE COMPLETED BY BOISE HR\n\n\nDate Received:                             Signature:\n                ---------------\n                                           -------------------------------------\nTime Received:                                       David Biderman\n                ---------------\n\n--------------------------------------------------------------------------------\n\nNote:     To be effective, this request form must be submitted to David Biderman\n          at fax  208-395-4844  no later  than 5:00  p.m.  MDT  August 2,  2001.\n          Election forms will NOT be accepted after that date and time.\n\nReferences to the \"Voluntary  Separation  Plan\" mean the  Albertson's  Voluntary\nSeparation Plan for Officers and the Albertson's Voluntary Separation.\n\n                                       9\n\n\n\n                                     SAMPLE\n                                                                       Exhibit B\n\n                        SEPARATION AGREEMENT AND RELEASE\n\n     In consideration  for the payment to me of (amount to be computed and added\n     later),  less lawful deductions,  as separation pay, I, (name to be added),\n     hereby  make  the  following  promises  and  agree  to the  terms  of  this\n     Separation Agreement and Release, intending to be legally bound by them.\n\n1.   I hereby release  Albertson's,  Inc.  (\"Company\") and its parent companies,\n     subsidiaries,   affiliates,  and  their  respective  successors,  officers,\n     directors,  employees, and associates from any and all claims, actions, and\n     causes of action arising out of my employment with, and\/or termination from\n     the  Company,  including  but not  limited  to claims  based on  express or\n     implied  contract,  covenants  of fair  dealing  and good  faith,  wrongful\n     discharge,  Title VII of the Civil Rights Act of 1964,  the Americans  with\n     Disabilities  Act, the Family and Medical Leave Act, the Worker  Adjustment\n     and Retraining  Notification  Act of 1988, the Employee  Retirement  Income\n     Security Act of 1974, as amended, and any other applicable federal,  state,\n     or local laws, ordinances, and regulations. This release does not, however,\n     apply  to  or  waive  any  rights  I may  have  under  applicable  workers'\n     compensation  laws or employee  benefit  plans,  or to claims under the Age\n     Discrimination  in  Employment  Act, or to claims which may arise after the\n     date of this release  except as to disability  plan  payments  which may be\n     offset by the Separation payment(s) herein. \n2.   I understand  that by signing this Separation  Agreement and Release,  I am\n     forever  relinquishing  any right to sue any of the  companies  and persons\n     described  in  paragraph  1 above  based  on any  claim  arising  out of my\n     employment with,  and\/or  termination  from, the Company (other than claims\n     arising  under  employee   benefit  plans,  or  to  claims  under  the  Age\n     Discrimination in Employment Act, or claims for injuries  compensable under\n     workers'  compensation  laws),  and I agree that I will never  maintain any\n     litigation  against any of those  companies or persons  based on any of the\n     claims I am giving up by signing this  document.  \n3.   I  expressly  waive and  relinquish  all rights and  benefits  afforded  by\n     Section  1542 of the  Civil  Code of the State of  California,  and I do so\n     understanding  and  acknowledging  the significance and consequence of that\n     waiver. Section 1542 of the Civil Code of the State of California states: A\n     general  release does not extend to claims which the creditor does not know\n     or  suspect  to exist in his favor at the time of  executing  the  release,\n     which if known by him must have materially affected his settlement with the\n     debtor. \n4.   I  acknowledge  that,  after I leave the employ of the Company,  I am still\n     obliged to abide by the  Company's  policies  concerning  confidential  and\n     proprietary  information.  \n5.   I shall  cooperate  with and assist the Company  (including  making  myself\n     available  at  reasonable  times and  places)  so as to aid the  Company in\n     connection  with any  matters  related to my  employment  by the Company or\n     about which I am knowledgeable; provided, however, my cooperation with such\n     matters shall not interfere unreasonably with my subsequent employment,  if\n     any.\n6.   I agree not to directly,  indirectly,  or through third parties solicit any\n     Company  associate for employment for two years. \n7.   I  acknowledge  that I am hereby  advised to consult  with the  attorney or\n     other  advisor of my choice  regarding  the terms of this  document  before\n     signing it. I understand  that I may revoke this  Separation  Agreement And\n     Release  anytime  within 7 days of  signing  it and that the  terms of this\n     agreement  and release  will not be  effective  until the 7-day  revocation\n     period expires. I must contact David Biderman,  in writing,  at Albertson's\n     Human  Resources  Department  in Boise (fax  208-395-4844)  to revoke  this\n     agreement. \n8.   This Release  will be governed by the laws of Idaho.  \n9.   I have signed this document  freely and  voluntarily and not because of any\n     deception or coercion.  I understand  the terms of this  document and agree\n     that they are fair and equitable.\n\n---------------------   -----------------------   ------------------------------\nPrint Name of Witness   Print Name of Associate   Date of Associate's Signature\n\n---------------------   -----------------------   ------------------------------\nSignature of Witness    Signature of Associate    Last Date of Employment\n\nNote:  Section 3 is required  only if the severed  associate  has worked for the\n       Company in the state of California, whether at the time of termination or\n       some time prior.\n\n                                       10\n\n\n\n                                                                       Exhibit C\n\n\n\n\n         Location            Lname                             Fname\n--------------------------------------------------------------------------------\n   1)     48400              Adams                             Pat\n   2)     48400              Allen                             Craig\n   3)     71301              Apker                             Debra\n   4)     74200              Arnold                            William\n   5)     70428              Bailey                            Boyce\n   6)     71701              Banks                             Bob\n   7)     48300              Bassler                           Dennis\n   8)     55000              Bates                             Bill\n   9)     72900              Bates                             Mark\n   10)    48500              Bay                               Gerry\n   11)    71302              Bell                              Dario\n   12)    70405              Bergquist                         Renee\n   13)    70401              Bessent                           Mike\n   14)    73601              Biderman                          Dave\n   15)    71701              Bock                              Carolyn\n   16)    70405              Boyd                              John\n   17)    71301              Brady                             Kathy\n   18)    71302              Brother                           Tom\n   19)    72402              Brown                             Craig\n   20)    53000              Brune                             Jeff\n   21)    48700              Buckles                           Gerry\n   22)    71300              Butler                            Bob\n   23)    48400              Casey                             Karen\n   24)    50300              Casteel                           Ritchie\n   25)    71300              Cefalo                            Roe\n   26)    71704              Christoffersen                    Shirley\n   27)    50400              Clawson                           Mike\n   28)    74200              Cole                              Chip\n   29)    50100              Colgrove                          Bob\n   30)    54200              Colgrove                          John\n   31)    48300              Conrad                            Monty\n   32)    48600              Corry                             Tim\n   33)    48500              Cousin                            Ertharin\n   34)    71005              Croft                             John\n   35)    48500              Cygan                             Doug\n   36)    70400              Czarniecki                        Walt\n   37)    71304              Dean                              Dave\n   38)    48700              DeBruin                           Mark\n   39)    72905              DeMeyer                           Keith\n   40)    71300              Denningham                        Wayne\n   41)    57900              Eckstein                          Frank\n   42)    54200              Emmons                            William\n   43)    70467              Fehringer                         Joe\n   44)    70715              Fetzer                            Dennis\n   45)    48500              Gentile                           Jim\n\n                                       11\n\n\n   46)    56700              Giles                             Charla\n   47)    57100              Gloyne                            Clay\n   48)    71700              Goins                             Greg\n   49)    52700              Gossett                           Paul\n   50)    52700              Gray                              Kim\n   51)    71301              Gruell                            Kip\n   52)    53200              Gullickson                        Greg\n   53)    71301              Guthmiller                        Dick\n   54)    75501              Hamblin                           Laura\n   55)    71301              Hansen                            Larry\n   56)    72900              Hansen                            Roger\n   57)    48500              Hanson                            Ed\n   58)    54300              Hanson                            Greg\n   59)    48700              Harbecke                          William\n   60)    70416              Harmon                            Larry\n   61)    54000              Hays                              Scott\n   62)    48500              Herbert                           Kathy\n   63)    48700              Hiller                            Bruce\n   64)    74100              Hilton                            Steve\n   65)    73604              Hughes                            Terri\n   66)    48700              Hunstiger                         Gary\n   67)    72908              Imlay                             Thomas\n   68)    70700              Iverson                           John\n   69)    48600              Jablonski                         Carl\n   70)    72900              Jacobsen                          Jim\n   71)    48400              Javier                            Virginia\n   72)    52200              Jerry                             David\n   73)    71000              Johnston                          Larry\n   74)    79039              Jolley                            Tony\n   75)    73604              Jones                             Peggy\n   76)    72402              Kinde                             Dennis\n   77)    53400              Kowalski                          Eileen\n   78)    71701              Lavin                             Mark\n   79)    57000              Lawrence                          Michelle\n   80)    56500              Little                            Ed\n   81)    71000              Lynch                             Peter\n   82)    57800              Mann                              Bill\n   83)    48700              Massimino                         Mike\n   84)    71702              Mattefs                           Sue\n   85)    71302              McCarthy                          Mike\n   86)    48700              McGovern                          John\n   87)    48600              McKeon                            Colin\n   88)    71700              McKinney                          Dave\n   89)    56000              McNiff                            Greg\n   90)    71301              McReynolds                        Peggy\n   91)    48700              Mecham                            Rory\n   92)    54700              Melville                          Gerald\n   93)    71301              Michael                           Todd\n   94)    71600              Mielke                            Chris\n   95)    59000              Miles                             Matt\n   96)    48400              Molendyk                          Harvey\n\n                                       12\n\n\n   97)    56300              Morris                            Jacque\n   98)    48700              Mulcock                           Dave\n   99)    74200              Mumford                           Lee\n   100)   73610              Murphy                            Michele\n   101)   50800              Murty                             Brian\n   102)   72900              Muta                              Matt\n   103)   70400              Navarro                           Rick\n   104)   73608              Neumann                           Sue\n   105)   48500              Nielsen                           Keith\n   106)   70405              Ober                              Dave\n   107)   71304              Oddo                              Mitch\n   108)   74550              O'Riordan                         Kaye\n   109)   72901              Osban                             Jeff\n   110)   48300              Ouellette                         Mark\n   111)   53600              Ozark                             Gerard\n   112)   48700              Palmer                            Dennis\n   113)   73610              Paolini                           Bruce\n   114)   72402              Paterson                          Gary\n   115)   48400              Patton                            Mike\n   116)   54300              Perkins                           Jim\n   117)   72600              Pichulo                           Philip\n   118)   48300              Potter                            Bob\n   119)   71600              Powell                            Pamela\n   120)   70715              Raffo                             Ed\n   121)   71302              Raudabaugh                        John\n   122)   48500              Redfearn                          George\n   123)   71000              Reuling                           Mike\n   124)   50900              Rice                              Jim\n   125)   75308              Rissing                           Bob\n   126)   48400              Robbins                           Donna\n   127)   71302              Robertson                         Dave\n   128)   56100              Rocheleau                         Terry\n   129)   71302              Rood                              Brian\n   130)   74200              Rowan                             Paul\n   131)   71000              Saldin                            Tom\n   132)   54300              Sampson                           Shane\n   133)   72901              Schachtell                        Steve\n   134)   70700              Schroeder                         Kathy\n   135)   48300              Schuit                            Fred\n   136)   70408              Schuler                           Bob\n   137)   73610              Scoggin                           Andrew\n   138)   48700              Shadle                            Mark\n   139)   74200              Sharp                             Linc\n   140)   48300              Simonson                          Dave\n   141)   73602              Snow                              Jack\n   142)   71301              Spiers                            Gary\n   143)   48600              Spires                            Judy\n   144)   71300              Stablein                          Larry\n   145)   50200              Stachofsky                        Bob\n\n                                       13\n\n\n   146)   72900              Steele                            Pat\n   147)   71301              Stevens                           Clement\n   148)   71304              Strong                            John\n   149)   57700              Styer                             Don\n   150)   71304              Sutton                            Dan\n   151)   48300              Teall                             Martin\n   152)   71700              Thayer                            Scott\n   153)   72600              Tobin                             Dan\n   154)   71301              Tommack                           Ed\n   155)   71300              Tripp                             Kevin\n   156)   48300              Trom                              Brad\n   157)   48500              Van Helden                        Pete\n   158)   70400              Volger                            Ron\n   159)   72901              Wagner                            Hadley\n   160)   55300              Wahlstrom                         Larry\n   161)   48500              Walter                            Tom\n   162)   72480              Wardle                            Gerry\n   163)   54200              Washington                        Clem\n   164)   79039              Weiser                            Ed\n   165)   48300              White                             Wanda\n   166)   50900              Williams                          Marcia\n   167)   71301              Williams                          Shane\n   168)   48700              Willyard                          Jim\n   169)   50500              Withers                           Mike\n   170)   71304              Wright                            Steve\n   171)   73604              Yager                             Bryan\n   172)   52000              Yaksitch                          Frank\n   173)   73600              Young                             Steve\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n                                       14\n\n<\/pre>\n","protected":false},"template":"","meta":{"_acf_changed":false,"_stopmodifiedupdate":true,"_modified_date":"","_cloudinary_featured_overwrite":false},"corporate_contracts_companies":[6612],"corporate_contracts_industries":[9499],"corporate_contracts_types":[9539,9551],"class_list":["post-40745","corporate_contracts","type-corporate_contracts","status-publish","hentry","corporate_contracts_companies-albertsons-inc","corporate_contracts_industries-retail__food","corporate_contracts_types-compensation","corporate_contracts_types-compensation__severance"],"acf":[],"_links":{"self":[{"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/corporate_contracts\/40745","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/corporate_contracts"}],"about":[{"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/types\/corporate_contracts"}],"wp:attachment":[{"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/media?parent=40745"}],"wp:term":[{"taxonomy":"corporate_contracts_companies","embeddable":true,"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/corporate_contracts_companies?post=40745"},{"taxonomy":"corporate_contracts_industries","embeddable":true,"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/corporate_contracts_industries?post=40745"},{"taxonomy":"corporate_contracts_types","embeddable":true,"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/corporate_contracts_types?post=40745"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}