Exhibit 10.22.5
AMENDMENT NO. 4
YELLOW CORPORATION PENSION
PLAN
(Effective December 31,
2008)
WHEREAS, YRC Worldwide Inc. (the
“Corporation”) maintains the Yellow Corporation Pension
Plan (the “Plan”) for the benefit of employees of the
Corporation and its participating affiliates; and
WHEREAS, Section 11.1 of the
Plan authorizes the Corporation to amend the Plan at any time in
its discretion;
WHEREAS, the Corporation now desires
to amend the Plan to reflect the issuance of new regulations issued
under Section 415 of the Internal Revenue Code and to make
certain other changes;
NOW, THEREFORE, effective
January 1, 2008 (except as otherwise provided herein), the
Plan is amended as follows:
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A.
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Section 2.1(l) is amended to read as
follows:
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(l) Corporation : YRC
Worldwide Inc. (formerly known as Yellow Roadway Corporation,
Yellow Corporation, and Yellow Freight System, Inc. of
Delaware).
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B.
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Section 2.1(r) is amended to read as
follows:
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(r) Employer : YRC Worldwide
Inc. (formerly known as Yellow Roadway Corporation, Yellow
Corporation, and Yellow Freight System, Inc. of Delaware), a
corporation existing under the laws of the State of Delaware, or
its successor or successors and where provided by Article XIII,
“Employer” shall also refer to a Participating
Affiliated Company.
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C.
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Section 4.4 is amended to read as
follows:
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4.4 Maximum Pension Benefit .
Notwithstanding any provision in this Plan, in no event shall the
annual benefit of any Participant exceed the maximum permissible
benefit under Section 415(b) of the Code. The limitations of
Section 415(b) of the Code and the Treasury regulations issued
thereunder are hereby incorporated by reference. For purposes of
applying such limitations, a Participant’s Section 415
compensation includes all items of remuneration described in
Treasury Regulation Section 1.415(c)-2(b), but excludes the
items of remuneration described in Treasury Regulation
Section 1.415(c)-2(c). Section 415 compensation
shal
