Exhibit 10.6
AMENDMENT 2009-1
TO THE
NONQUALIFIED SAVINGS
AND
DEFERRED COMPENSATION PLAN
FOR
EMPLOYEES OF
AMERICAN WATER WORKS COMPANY,
INC.
AND ITS DESIGNATED
SUBSIDIARIES
Pursuant to the authority reserved
to the American Water Works Company, Inc. Board of Directors (the
“Board”) under Section 8.01 of the Nonqualified
Savings and Deferred Compensation Plan for Employees of American
Water Works Company, Inc. and Its Designated Subsidiaries (the
“Plan”), the Board hereby amends the Plan, effective as
of February 6, 2009, as follows:
1. The last sentence of the first
paragraph under Article I of the Plan is hereby amended in its
entirety to read as follows:
“Lastly, certain Group I
Employees and Group III Employees are eligible to receive
additional contributions referred to as Special
Contributions.”
2. Section 2.52 of the Plan is
hereby amended in its entirety to read as follows:
“2.52 “ Special
Contribution ” means the amount credited to the Plan
for a Group I Employee and Group III Employee during the 2008 and
2009 Plan Years by AWW pursuant to Sections 4.01(d) and 4.03(c),
respectively. The Group I Employees and Group III Employees who are
eligible to receive the Special Contribution are those who are
specifically designated as eligible to receive such under the Plan
at the time of such Special Contribution. No other Group I
Employees or Group III Employees are eligible to receive the
Special Contribution.”
3. Section 4.01(d) of the Plan
is hereby amended in its entirety to read as follows:
“(d) Special
Contribution .
(i) During the 2008 Plan Year, AWW
credited to the Special Contribution Account certain Special
Contributions for the benefit of those Group I Employees who were
specifically designated by the Board to receive such Special
Contributions, the value of which was determined by the Board at
such time. Only those Group I Employees who were specifically
designated to receive the Special Contributions were eligible to
receive such Special Contributions.
(ii) As soon as administratively
practicable on or after February 6, 2009, AWW shall make a
Special Contribution to the Special Contribution Account of each
Group I Employee who is designated to receive the Special
Contribution pursuant to this clause (ii) on the attached
Exhibit E; provided, however, that each such specifically
designated Group I Employee must
