In general
The term “covered executive” means, with respect to any applicable taxable year, any employee—
(I)#
who, at any time during the portion of the taxable year during which the authorities under section 101(a) of the Emergency Economic Stabilization Act of 2008 are in effect (determined under section 120 thereof), is the chief executive officer of the applicable employer or the chief financial officer of the applicable employer, or an individual acting in either such capacity, or
(II)#
who is described in clause (ii).