Supplemental
Retirement Benefit Plan
Amended and
Restated Effective December 31, 2008
Supplemental
Retirement Benefit Plan
(As Amended
and Restated Effective December 31, 2008)
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1.01
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The
purpose of this Libbey Inc. Supplemental Retirement Benefit Plan
(the “Plan”) is to provide certain retirement and
related benefits to certain Eligible Employees of Libbey Inc. (the
“Company”) whose benefits under the Libbey Inc. Salary
Retirement Plan through December 31, 1997 (“1997 Prior
Pension Plan”), and under the Libbey Inc. Cash Balance Plan
on or after January 1, 1998 (the “Pension Plan”),
are or may be subject to certain limitations, as hereinafter
described.
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1.02.
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The
plan provides “Excess Benefits” described in
Section 3.01 hereof, and “Supplemental Benefits”
described in Section 3.02 hereof.
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2.01
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Unless otherwise expressly defined
in this Plan, each word or term that is defined in the Pension Plan
shall have the same meaning when used in this Plan.
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2.02
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As
used in this Plan, the term “Board” means the Board of
Directors of Libbey Inc. or any committee of said Board to which
all or any of its powers or duties under the Plan may be
delegated.
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2.03
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As
used in this Plan, the term “Eligible Employee” means
an Employee or former Employee of the Company with respect to whom
one or more benefits are or will become payable under this Plan. No
employee hired by the Company on or after January 1, 2006
shall become an Eligible Employee hereunder.
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2.04
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As
used in this Plan, the term “Date of Termination” means
the date on which the Eligible Employee incurs a “separation
from service” within the meaning of Section 409A of the
Code.
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2.05
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As
used in this Plan, the term “Initial Election Date”
means January 30 of the year next following the year in which
an employee first becomes an Eligible Employee under this Plan in a
year beginning on or after January 1, 2008.
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EXCESS AND
SUPPLEMENTAL BENEFITS
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3.01
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Excess Benefits under the Plan are
benefits unavailable under the Pension Plan by reason of the
application of Section 415 of the Code, which imposes
limitations on the amount of contributions or benefits that may be
provided with respect to a participant under a qualified retirement
plan.
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(a)
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Supplemental
Benefits under the Plan are benefits unavailable under the Pension
Plan by reason of the application of Section 401(a)(17) of the
Code, which imposes limitations on the amounts of annual
compensation that may be taken into account under a qualified
retirement plan.
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(b)
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Supplemental Benefits shall include
amounts attributable to changes made to the retirement benefit
formula of the Owens-Illinois Salary Retirement Plan (the
predecessor plan to the 1997 Prior Pension Plan), effective
January 1, 1989, and conformed to in such Plan, whereby such
Plan’s retirement benefit formulas were modified and the
accrued benefit and/or rate of future benefit accruals of certain
Eligible Employees were thereby curtailed. Such amounts shall be
frozen as of June 30, 1998.
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This Section 3.02 shall apply
only to Employees or former Employees of the Company who are within
the select group of employees described in Section 201(2) of
the Employee Retirement Income Security Act, as amended
(“ERISA”).
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4.01
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Each Eligible Employee shall be
entitled to a normal, postponed, early, or vested deferred
retirement benefit under this Plan in an amount equal to the excess
of (i) the amount of the comparable benefit to which he or she
would be entitled under the Pension Plan at the time of his or her
commencement of benefits under the Plan, if the limitations and
curtailments referred to in Sections 3.01 and 3.02 hereof were
not applicable to the Pension Plan, over (ii) the amount of
any such comparable benefit payable under the Pension Plan at the
time of his or her commencement of benefits under the Plan, taking
into account the limitations and curtailments referred to in
Sections 3.01 and 3.02 hereof.
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4.02
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Upon the death of an Eligible
Employee prior to commencement of benefits under Section 4.01,
a survivor or death benefit shall be payable to the spouse or other
beneficiary of such Eligible Employee in an amount equal to the
excess of (i) the amount of the comparable benefit that would
have been payable under the Pension Plan as a result of
his
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