EXHIBIT 10.5
FIRST AMENDMENT
TO THE
FIRST FEDERAL SAVINGS BANK OF THE MIDWEST
SUPPLEMENTAL EMPLOYEES’
INVESTMENT PLAN FOR SALARIED EMPLOYEES
THIS AMENDMENT
(the “Amendment”) to the
First Federal Savings Bank of the Midwest Supplemental
Employees’ Investment Plan for Salaried Employees (the
“Plan”) is hereby adopted on the 29th day of January,
2007 by MetaBank (formerly known as First Federal Savings Bank of
the Midwest).
RECITALS
WHEREAS , First Federal Savings Bank of the Midwest
adopted the Plan effective October 1, 1993 for the benefit of
a select group of senior management personnel;
WHEREAS , First Federal Savings Bank of the Midwest
subsequently became known as MetaBank (the
“Company”);
WHEREAS , Section 7.1 of the Plan authorizes the
Company to amend the Plan by action of its Board of Directors;
and
WHEREAS , the Company now desires to amend the Plan to
comply with final regulations issued under Section 409A of the
Internal Revenue Code of 1986, as amended (the
“Code”);
NOW, THEREFORE
, the Company hereby amends the
Plan, generally effective January 1, 2008, as
follows:
Section 5.1 is amended to read
as follows:
5.1 Distribution . All
amounts credited to a Participant’s Supplemental Account,
including gains and losses credited in accordance with
Section 4.1 of the Plan, shall be distributed to or with
respect to the Participant upon the Participant’s separation
from service (as defined in Treasury Regulation
Section 1.409A-1(h)) with the Company and all affiliates
thereof for any reason including death. Such amounts shall be
distributed in a lump sum cash payment within ninety (90) days
after the date of the Participant’s separation from service;
provided , however, that if the Participant is a
“specified employee” (as such term is defined in Code
Section 409A and the regulations or other guidance in effect
thereunder) on the date of his or her separation from service, the
amounts in the Participant