Exhibit
10(iii)A(90)
AMENDMENT NO.
4
TO
ACUITY BRANDS, INC.
2005 SUPPLEMENTAL DEFERRED
SAVINGS PLAN
THIS AMENDMENT
made as of this 24 th
day of
October, 2008, by ACUITY BRANDS, INC. (the
“Company”);
W
I T
N E S S E T H
:
WHEREAS, the
Company established the Acuity Brands, Inc. 2005 Supplemental
Deferred Savings Plan, which was generally effective as of
January 1, 2005 (the “Plan”), subject to the
transition rules of Section 409A;
WHEREAS, the
Company now desires to amend the Plan in the manner hereinafter
provided;
NOW, THEREFORE,
the Plan is hereby amended, as follows:
1.
Section 2.1
is hereby amended by adding the following sentence to the end of
the present section.
“Effective
January 1, 2009, a Participant’s Matching Subaccount and
Supplemental Subaccount shall for vesting purposes be referred to
collectively as the Participant’s “Employer
Contribution Account” and shall be divided into a Pre-2009
Employer Contribution Account for Employer contribution credits
prior to January 1, 2009 and Post-2008 Employer Contribution
Account for Employer contribution credits on or after
January 1, 2009.”
2.
Section 4.1(a) is hereby
amended by deleting the third sentence of the present section and
substituting the following in lieu thereof:
“Thereafter,
unless the Board otherwise determines, as of the end of each Plan
Year commencing on or after January 1, 2009 (or as of such
other date as the Board may determine), there shall be credited to
the Matching Subaccount of each Participant who is employed on the
last day of the Plan Year an amount equal to 50% of the amount of
the Participant’s deferrals for such Play Year, provided that
the maximum amount credited to a Participant’s Matching
Subaccount for a Plan Year shall not exceed five percent
(5%) of the Participant’s Compensation for such Plan
Year.”
3.
Section 4.3
is hereby amended by deleting the present section in its entirety
and substituting the following in lieu thereof:
“
Vesting of a Participant’s Account .
(a) Deferral
Subaccount . Except as provided in the next sentence, a
Participant’s interest in the amount credited to his Deferral
Subaccount shall at all ti
