THE J. M. SMUCKER COMPANY DEFINED
CONTRIBUTION
SUPPLEMENTAL RETIREMENT PLAN
The J. M. Smucker
Company Defined Contribution Supplemental Retirement Plan
established effective May 1, 2008 (the “Plan”)
hereby is amended effective May 1, 2008, by the J. M. Smucker
Company (the “Company”).
WHEREAS, the
Company desires to amend the Plan to clarify certain provisions of
the Plan.
NOW, THEREFORE,
the Plan is hereby amended to provide as follows:
1. Section 1.15
is hereby amended and restated in its entirety to provide as
follows:
“Specified Employee” refers to an
individual defined in Code §416(i) without regard to paragraph
(5) of that section as of the date of the individual’s
Separation from Service determined as provided in Treasury
Regulation §1.409A-1(i).”
2. Section 4.7
is hereby amended and restated in its entirety to provide as
follows:
“Under no
circumstances, other than death, will a Participant who is a
Specified Employee, as of the date of the Participant’s
Separation from Service, receive a distribution under the Plan
earlier than six (6) months following such Participant’s
Separation from Service.”
3. Section 4.8
is hereby amended and restated in its entirety to provide as
follows:
“Notwithstanding the above provisions, no
amount may be distributed from the Plan if the Company reasonably
anticipates that such amount would not be deductible under Code
§162(m), as determined by the Board of Directors in its sole
discretion, and in accordance with Code §409A and the Treasury
regulations promulgated thereunder.”
4. New
Sections 4.9, 4.10 and 4.11 are hereby added to the Plan to
provide as follows:
“4.9
Distribution of Small Amounts.
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