III. Distribution of Benefits xxx C. Other Terminations When the employment of an employee is terminated by the Company for a reason other than one in A, without any misconduct on his part, a percentage of the total amount credited to his account will be distributed to him in accordance with the following. Credited Service............Percentage 36 months..................50% 48 months..................75% 60 months..................100% When the employment of an employee is terminated due to his poor performance, misconduct, unavailability, etc., or if employee is not offered re-engagement for similar reasons, no distribution of any portion of employees account will ever be made to him (or his eligible survivor/s). A determination of poor performance, misconduct and unavailability shall be made by the Company. Miso Misconduct shall include acts and offenses as defined in the Contract of Enlistment and Company Manuals. xxx15[15] Petitioners claim that since both of them had rendered at least twenty (20) years, or 240 months, of faithful service to private respondents, they are entitled to receive 100% of the total credited contributions, pursuant to the aforesaid provisions. Contrary to the findings of public respondent, petitioners argue that they were not guilty of "poor performance" for petitioner Millares, in fact, qualified for the Merit Pay Program 16[16] of 15[15] Id., at 172. 16[16] Merit Pay Program Objective. - Eligible are Masters and Chief Engineers who are permanent (and are not in Probationary Status anymore). However, not every eligible officer receives Merit Pay. The philosophy underlying the Merit Pay Program is recognition of "extra effort." With this philosophy in mind, an eligible officer who does what is expected in the execution of his duties receives his normal pay. It is those Officers whose performance is above "just what is expected" that are recognized for their extra effort. (underscoring supplied)