Exhibit 10.2
FIRST AMENDMENT TO
THE
AMENDED AND
RESTATED
FISHER COMMUNICATIONS,
INC.
SUPPLEMENTAL PENSION
PLAN
THIS FIRST AMENDMENT
(“First Amendment”) is made this 3
rd
day of December,
2007 by Fisher Communications, Inc. (“Company”), a
corporation duly organized and existing under the laws of the state
of Washington.
Recitals
A. Company is the sponsor of the
Amended and Restated Fisher Communications, Inc. Supplemental
Pension Plan (“Restated Plan”).
B. The original Plan
was established as of the 29 th day of February, 1996, and
restated on December 5, 2001, and again on February 12,
2005. It was subsequently amended on December 1, 2004 and
again on June 10, 2005. It was last amended and restated as of
the 31 st day of December,
2005.
C. Pursuant to and as permitted by
Section 21 of the Restated Plan, Company wishes to amend the
Restated Plan to comply with the requirements imposed on
nonqualified deferred compensation plans by the American Jobs
Creation Act of 2004, as codified in § 409A of the U.S.
Internal Revenue Code of 1986, as amended, and regulations
promulgated thereunder, and to correct a clerical error in the
Restated Plan.
Amendments
1. Section 2(c)(iii) of
Restated Plan Amended. Section 2(c)(iii) of the
Restated Plan is hereby amended to read as follows in its
entirety:
“(iii) Elective
Contributions. Elective contributions are amounts excludable from
the employee’s gross income under Code
§ 125or treated as an
“elective deferral” under Code § 402(g)(3)
and contributed by the employer, at the employee’s election,
to a Code § 401(k) arrangement or cafeteria
plan.”
2. Section 3, Third Full
Paragraph, of Restated Plan Amended. The third full
paragraph of Section 3 of the Restated Plan is hereby amended
to read as follows in its entirety:
“If a Participant’s
employment with the Company is terminated, other than voluntarily,
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