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Exhibit 10.18
POLONIA BANK
SUPPLEMENTAL EXECUTIVE
RETIREMENT PLAN FOR
ANTHONY J.
SZUSZCZEWICZ
SECTION 409A COMPLIANCE
AMENDMENT
This Amendment
to the Polonia Bank Supplemental Executive Retirement Plan for
Anthony J. Szuszcewicz (the “Plan”) is made as of
December 16, 2008 and is effective as of January 1,
2005.
WHEREAS, the
parties to the Plan desire to amend the Plan to comply with the
requirements of Section 409A of the Internal Revenue Code of
1986, as amended.
NOW, THEREFORE,
in consideration of the mutual covenants and agreements set forth
herein and for other good and valuable consideration, the receipt
and sufficiency of which are hereby acknowledged, the parties
hereto agree to amend the Plan by adding the following new Section
10:
“10.
Application of Section 409A .
(i) This
Section 10 shall apply only to that portion of the
Participant’s Accrued Benefit that accrued and vested (or
will accrue and vest) after December 31, 2004. With
respect to any portion of a Participant’s Accrued Benefit
that was accrued and vested prior to January 1, 2005, the
provisions of the Plan in effect prior to the addition of this
Section 10 shall remain in effect, and it is intended that Section
409A not apply to that portion of the Participant’s Accrued
Benefit.
(ii)
The Participant will be deemed to have a termination of employment
or service for purposes of determining the timing of any payments
under the Plan that are classified as deferred compensation only
upon a “separation from service” within the meaning of
Section 409A.
(iii)
If at the time of the Participant’s separation
from service, (a) a Participant is a “specified
employee” (
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