For your information -- Here is some severance language I received from Littler.  Michelle

 -----Original Message-----
From: 	"Notestine, Kerry" <KNotestine@littler.com>@ENRON  
Sent:	Thursday, November 08, 2001 4:33 PM
To:	Cash, Michelle
Subject:	Language for WARN Set off


Michelle: 
In response to my firm-wide email regarding set off for WARN notice: I received a plan that included the following language:
The severance benefits provided under this Plan (including any additional benefits provided pursuant to authority reserved in [company] under the provisions of this Plan) are the maximum benefits that [company] will pay.  To the extent that any federal, state or local law, including, without limitation, the Worker Adjustment and Retraining Notification Act (WARN) and any other so-called "plant closing" laws, requires [company] to give advance notice or make a payment of any kind to an Eligible Employee because of that Employee's involuntary termination due to a layoff, reduction in force, plant or facility closing, sale of business, change of control, or any other similar event or reason, the benefits provided under this Plan shall be reduced by the amount of such payment. Notwithstanding any other provision of the Plan to the contrary, an Employee's Severance Benefits shall not be less than the amount required by WARN, and in the case of an Enhanced Severance Benefit, shall not be less than the amount required by WARN plus an additional amount to be determined by the Employer. 
Hope this is helpful.  Let me know if there is any big news at Enron.  Things appear to be moving fast. 
Kerry E Notestine 
Littler Mendelson, PC 
1900 Chevron Tower 
1301 McKinney Street 
Houston, Texas 77010 
713.652.4748 
713.951.9212 (fax) 
knotestine@littler.com 
www.littler.com