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FOURTH AMENDMENT
OF
ADC TELECOMMUNICATIONS, INC.
401(k) EXCESS PLAN
(2002 Restatement)
WHEREAS, ADC
TELECOMMUNICATIONS, INC., a Minnesota corporation (the
“Principal Sponsor”), by resolution of its Board of
Directors, has heretofore established and maintains a nonqualified,
unfunded, deferred compensation and supplemental retirement plan
for the benefit of a select group of management or highly
compensated eligible employees (the “Plan”), which, in
its most recent restated form, is embodied in a document entitled
“ADC TELECOMMUNICATIONS, INC. 401(k) EXCESS PLAN (2002
Restatement),” as amended by three amendments (hereinafter
collectively referred to as the “Plan
Statement”);
WHEREAS, the
Retirement Committee of ADC Telecommunications, Inc. (the
“Committee”) has been delegated the power to make
further amendments of the Plan Statement which do not materially
increase the cost of the Plan; and
WHEREAS, the
Retirement Committee desires to amend the Plan
Statement.
NOW, THEREFORE, BE
IT RESOLVED, the Plan Statement is hereby amended in the following
respects:
1. EXCESS
DEFERRALS. Effective for excess deferrals made for Plan Years
beginning on or after January 1, 2006, Sections 3.1.1 and
3.1.2 of the Plan Statement are amended to read in full as
follows:
3.1.1.
Amount. The Employer shall credit each Participant’s
Excess Savings Account with the amount of deferred Compensation
agreed to by each Participant pursuant to the Participant’s
Excess Savings Agreement. No excess savings additions shall be
credited to an eligible employee’s account for a Plan Year
prior to the date the employee has earned Compensation that exceeds
the limitations in Section 401(a)(17) of the Code for such
Plan Year.
3.1.2.
Crediting the Account. The amount of Excess Compensation
deferred with
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