Exhibit 10.30
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Subject:Severance — Officers
Policy Number:3-254.1
Control Point:Director — Employee Relations
Approval Authority:EVP — Human Resources
Signature:Paul George [Signature on original kept by Legal]
Summary of Policy
This policy sets forth the eligibility requirements and amount ofSeverance Pay available toEligible Officers. Defined terms are italicized. Please see Appendix A for definitions.
I. Under what circumstances isSeverance Payprovided?
Freddie Mac providesSeverance Payto aSeverance Eligible Officerpursuant to the terms of this Policy. In addition, in the event an employee becomes aSeverance Eligible Officeras a result of aReduction in Force, Freddie Mac also providesNotice Pay, even if theSeverance Eligible Officerdoes not sign anAgreement and Release of Claims.
ASeverance Eligible Officer’semployment is terminated as of theSeparation Date. Such former officer’s eligibility to receive any benefit from or to continue participation in other plans maintained by the corporation is governed by the terms and provisions of those plans.
II. What procedures are followed to determine severance eligibility?
Business-area management will submit to the Human Resources Division for review any proposed termination of employment (including any proposed voluntary separation that could result inSeverance Pay) or proposed offer ofComparable Employmentprior to discussing the same with the impacted employee. The Employee Relations Department of the Human Resources Division determines whether the employee is aSeverance Eligible Officer, and interprets and applies this policy.
Employee Relations, after consulting with business-area management and the Legal Division, also determines whether a job position to be offered to anEligible OfficerisComparable Employment. Eligible Officerswill be evaluated forComparable Employment, if at all, based on criteria including (but not limited to) their historical performance ratings and management’s assessment of relative skills.
After Employee Relations determines that the employee is aSeverance Eligible Officer, business-area management providesNoticeto theSeverance Eligible Officer. Business-area management will giveNoticein advance of theSeparation Date,if at all, to the extent that advance notification is consistent with business circumstances or required by law.
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Business-area management, after consulting with Employee Relations, also establishes theSeparation Dateof aSeverance Eligible Officer.Business-area management may require anEligible Officerto provide services to Freddie Mac up to and including theSeparation Dateas a condition of being aSeverance Eligible Officer.
III. What is required for a Severance Eligible Officer to receive Severance Pay?
As a condition of receivingSeverance Pay, aSeverance Eligible Officermust sign an agreement and release of claims. Freddie Mac has exclusive discretion to determine what terms will be included within the agreement and release of claims. Among other things, the agreement and release of claims may contain provisions related to the following:
ü Full release of claims
ü Non-participation in claims against Freddie Mac
ü Notice of receipt of subpoenas
ü Treatment of confidential information
ü Non-competition
ü Non-solicitation of Freddie Mac employees
ü Notice of future employment
ü Return of Freddie Mac property
ü Non-disparagement
ü Obligation to reasonably cooperate
ü Damages in the event of breach
ü Preclusionand/or restriction from future Freddie Mac employment
If aSeverance Eligible Officerdoes not receive two-weeks of advanceNoticeofhis/herSeparation Datefrom Freddie Mac, and does not execute an agreement and release of claims proffered by the corporation, then the officer will receive two weeks’ pay followinghis/herSeparation Datein lieu of advanceNotice, and will receive noSeverance Pay.
IV. What is the Severance Period of a Severance Eligible Officer?
The suggestedSeverance Periodof aSeverance Eligible Officeris stated in Table A. If theSeverance Eligible Officeris entitled to receiveNotice Pay, thenhis/herSeverance Periodshall be theSeverance Periodspecified in the applicable Table, minus the number of days ofNotice Payhe/she is entitled to receive. In no event will aSeverance Eligible Officerreceive less than four weeks ofSeverance Payin addition toNotice Pay. Freddie Mac has discretion to vary the length of theSeverance Periodand accordingly the amount ofSeverance Payan officer receives.
If the officer has executed an written agreement with the company prior to receivingNoticethat specifies aSeverance Perioddifferent from what is provided below, then the length of theSeverance Periodis as specified in that agreement, and will be in addition to theNotice Pay.
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TABLE A
Severance Period for Eligible Officers
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Competed Service | | | Severance Period |
< 1 year | | | 2 months |
< 2 years | | | 3 months |
< 3 years | | | 4 months |
< 4 years | | | 5 months |
< 5 years | | | 6 months |
< 6 years | | | 7 months |
< 7 years | | | 8 months |
< 8 years | | | 9 months |
< 9 years | | | 10 months |
< 10 years | | | 11 months |
> 10 years | | | 12 months |
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V. How does a Severance Eligible Officer receive his/her Severance Pay?
ASeverance Eligible Officerhas the option of receivinghis/herSeverance Pay in periodic payments coinciding with Freddie Mac’s standard payroll procedures. Alternatively, theSeverance Eligible Officermay receivehis/herSeverance Payin aLump Sum. If theSeverance Eligible Officerelects periodic payments,he/she may be eligible to continuehis/her participation in certain benefits plans at a reduced cost, in accordance with the terms of those plans.
If a former officer receivingSeverance Paydies before receivinghis/her entireSeverance Pay, then Freddie Mac will pay the balance to the former employee’s beneficiaries entitled by will or applicable law to receive such benefit.
VI. When does a Severance Eligible Officer have to elect Lump Sum or Periodic Payments?
ASeverance Eligible Officermust elect whether to receivehis/herSeverance Payin aLump Sumor in periodic payments on or before the date on whichhe/she signs the required agreement and release of claims. Failure to make an election by this time will result in theSeverance Eligible Officerreceivinghis/herSeverance Payin aLump Sum.
VII. Restriction On Specified Employees.
If aSeverance Eligible Officeris aSpecified Employee, thenhe/she will not begin receivinghis/herSeverance Payuntil six (6) months followinghis/herSeparation Date, consistent with Prop. Treas.Reg. 1.409A-3(g)(2), or any successor thereto. If theSeverance Eligible Officerelected to receivehis/herSeverance Payin periodic payments within the required election period, thenhe/she shall receive six months ofSeverance Payin aLump Sumupon the expiration of the six-month wait period, and then will receive the balance ofhis/herSeverance Payin periodic payments according to the company’s standard payroll procedures.
VIII. What happens to Severance Pay upon re-employment by Freddie Mac?
If a former officer receivingSeverance Payis re-employed by Freddie Mac before the end of theSeverance Period, the former officer will forfeit any remaining unpaidSeverance Pay. If the former officer receivedhis/herSeverance Payas a
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Lump Sum, and becomes re-employed by Freddie Mac before the end of theSeverance Period, Freddie Mac reserves the right to require that some or all of the amount be repaid as a condition of re-employment.
IX. Where can officers find additional information about Freddie Mac’s severance benefits?
Officers may find additional information about Freddie Mac’s severance benefits in Freddie Mac’s Severance Summary Plan Description.
X. Reservation of Rights
Freddie Mac reserves the right to amend or terminate this Policy or any of its provisions at any time for any reason in its sole discretion without giving rise to legal liability. Nothing in this Policy is intended nor shall be interpreted to create a contract of employment or alter the at-will employment relationship that otherwise may exist between Freddie Mac and such employee, or otherwise limit the discretion of either Freddie Mac or such employee to terminate the employment relationship at any time for any reason.
Effective Date:March 1, 2008
o New
x ReplacesPolicy 3-254.1 dated January 15, 2007
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Appendix A
Definitions
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Comparable Employment | | Comparable Employment will be assessed on acase-by-case basis. Exact criteria the company will use include each of the following, all of which must be met for the position to be deemed comparable. |
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| | • The content of the job to which the employee may be assigned. To be comparable, the new position must require substantially the same skill set and technical knowledge. |
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| | • The commuting distance associated with the new position. To be comparable, the new position must not increase the commuting distance for the employee by more than 50 miles, or increase the commuting distance for the employee such that the total commuting distance exceeds 90 miles. |
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| | • To be comparable, the employee’s base salary must not decrease by more than 10%. |
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Eligible Officer | | An employee who is appointed by Freddie Mac as an officer of the corporation. |
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Gross Misconduct | | The occurrence or existence of any of the following: |
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| | ü Recurrent or flagrant insubordination related to core job duties and responsibilities; |
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| | ü Stealing property belonging to Freddie Mac, another employee, or other theft in connection with employment; |
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| | ü Committing fraud, including computer fraud; |
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| | ü Willfully destroying property; |
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| | ü Inflicting bodily harm on another employee, threatening another employee with a weapon, or conviction (including any plea ofnolo contendere) of a crime; |
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| | ü Committing harassment; |
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| | ü Engaging in discriminatory behavior; |
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| | ü Recurring or habitual tardiness or absenteeism which has resulted in a written reprimand; |
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| | ü Intentionally disclosing or intentionally misusing Confidential Information (as that term is defined in the Freddie Mac policy, Code of Conduct, or applicable restrictive covenant and/or confidentiality agreement between the employee and Freddie Mac); |
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| | ü Negligently disclosing or negligently misusing Confidential Information (as that term is defined in the Freddie Mac policy, Code of Conduct, or applicable restrictive covenant and/or confidentiality agreement between the employee and Freddie Mac) resulting in a significant adverse impact on Freddie Mac or on the business of Freddie Mac; or |
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| | ü A material breach of any provision of any written policy of Freddie Mac required by law or established to maintain compliance with applicable legal or regulatory requirements. |
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Loss of Confidence | | Determination by senior executive management in its sole discretion that it no longer maintains a high level of confidence in anEligible Officer’sdecisions, judgment and/or conduct. |
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Lump Sum Payment | | Upon aSeverance Eligible Officer’selection, or if theSeverance Eligible Officerfails to make an election, Freddie Mac will pay the totalSeverance Payin a single lump sum payment. The corporation will not make such payment until after: (1) theSeverance Eligible Officerhas executed an agreement and release of claims acceptable to Freddie Mac, (2) any applicable revocation period noted in the agreement and release of claims has expired without theSeverance Eligible Officerrevoking the agreement and release of claims, and (3) (applicable only toSpecified Employees) six months has elapsed since theSeparation Date. |
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Notice | | Oral or written communication from business-area management to aSeverance Eligible Officerabout the termination of the officer’s employment,Separation Date, and expectations concerning his/her continued provision of services to Freddie Mac during the period between the Notice and theSeparation Date. |
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Notice Pay | | The dollar amount of pay based on the number of days of continued pay required by applicable federal and/or state law upon triggering events, such as group layoffs that occur within a legally defined period of time. Laws that would triggerNotice Payinclude, but are not limited to, the federal Worker Adjustment and Retraining Notification (“WARN”) Act. |
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Position Elimination | | Loss of job due to company reorganization or job abolishment. |
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Reduction in Force | | An elimination of a certain minimum number of jobs that occurs within a defined time-period and triggers a requirement to payNotice Pay. Laws that would requireNotice Payinclude (but are not limited to) the federal WARN Act. |
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Separation Date | | The date on which aSeverance Eligible Officer’semployment with Freddie Mac terminates. |
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Severance Eligible Officer | | AnEligible Officerwhose position is eliminated due to aReduction in Force, job abolishment, orLoss of Confidence. |
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| | AnEligible Officeris not aSeverance Eligible Officerif such employee: |
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| | ü at the time ofNoticeis classified as a temporary employee pursuant toPolicy 3-221, Worker Classifications (as may be amended, replaced or redesignated from time to time); |
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| | ü is terminated for engaging inGross Misconduct; |
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| | ü is regularly scheduled to work fewer than twenty (20) hours per week as of his/her receipt ofNotice; |
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| | ü is on “Leave of Absence” status as defined inPolicy 3-236, Other Excused Absences (as may be amended, replaced or redesignated from time to time), for thirty (30) or more calendar days as of his/her receipt ofNotice unless otherwise provided by law; |
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| | ü fails to provide services to Freddie Mac in accordance with theNotice; |
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| | ü resigned employment as a result of a new assignment or reporting relationship; |
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| | ü received a written offer of employment from a Successor, which is an entity that acquires (through consolidation, reorganization, transfer, sublease, assignment or otherwise) all or substantially all of the business or assets of any business unit of Freddie Mac, or an entity that contracts with Freddie Mac to perform activities of the business unit in which the employee is assigned contemporaneous with the commencement of the contractual relationship; or |
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| | ü received a written offer ofComparable Employmentfrom Freddie Mac. |
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Severance Pay | | The dollar amount that will be paid to aSeverance Eligible Officerduring theSeverance Period, calculated using theSeverance Eligible Officer’sbase salary (which does not include items such as overtime, bonus and/or commissions) and/or actual hours of work as of theSeparation Date. |
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Severance Period | | The period during whichSeverance Paywill be provided to aSeverance Eligible Officer. The length of theSeverance Periodis based on theSeverance Eligible Officer’scontinuous service date or, if he/she previously receivedSeverance Payfrom Freddie Mac, then on his/her latest date of hire. TheSeverance Periodbegins the day following theSeparation Date. Freddie Mac has discretion to vary the length of theSeverance Period. |
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| | Sometimes, aSeverance Eligible Officermay have received some, but not all, of his/herSeverance Paybecause he/she became re-employed by the company before the end of theSeverance Period. In that event, Employee Relations will determine his/her continuous service date for purposes of this policy based on his/her rehire date and on the amount ofSeverance Payhe/she previously received. |
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| | If theSeverance Eligible Officerhas a written agreement with Freddie Mac that provides for aSeverance Periodthat is different than theSeverance Periodspecified in Table A, then theSeverance Periodshall be as specified in the written agreement. |
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Specified Employee | | ASeverance Eligible Officerwho is identified by Freddie Mac in its sole discretion as of theSeparation Dateas a “specified employee” as defined in Prop. Treas.Reg. 1.409A-1(i), or any successor thereto, and whoseSeverance Payis determined by Freddie Mac to be subject to section 409A of the Internal Revenue Code. |
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