Exhibit (10)(iii)(A)(17.15)
AMENDMENT TO
CINCINNATI BELL MANAGEMENT
PENSION PLAN
The Cincinnati Bell Management
Pension Plan (the “Plan”) is hereby amended, effective
as of January 1, 2008 and in order to make certain changes in
the Plan designed to meet in good faith certain requirements of the
Pension Protection Act of 2006, in the following
respects.
1. Subsection 2.1.21 of the Plan
shall be amended in its entirety to read as follows.
2.1.21 “Qualified Joint and
Survivor Annuity” means an annuity ( i.e. , a form of
benefit without life insurance which provides for equal payments at
regular installments over more than a one year period) payable in
the manner described in the following paragraphs of this Subsection
2.1.21.
(a) Under a Qualified Joint and
Survivor Annuity, monthly payments are made to a Participant for
his life, and after his death monthly survivor payments continue to
the person who is the spouse of the Participant on the date as of
which the annuity commences to be paid to the Participant (for
purposes of this paragraph (a), the “spouse”), provided
that the spouse survives the Participant for the spouse’s
life. Payments under the Qualified Joint and Survivor Annuity shall
end with the payment due for the calendar month in which the date
of death of the survivor of the Participant and the spouse
occurs.
(b) Under a Qualified Joint and
Survivor Annuity, each monthly survivor payment to the person who
is the spouse of the Participant on the date as of which the
annuity commences to be paid to the Participant shall be equal in
amount to 50% (or, when both the annuity begins being paid as of a
commencement date that occurs after December 31, 2007 and the
Participant otherwise chooses when he elects the form of his
retirement benefit under the subsequent provisions of the Plan,
either 75% or 100%) of the monthly payment amount made during the
life of the Participant under the same annuity.
(c) Any reference in the other
provisions of the Plan to a “50% Qualified Joint and Survivor
Annuity,” a “75% Qualified Joint and Survivor
Annuity,” or a “100% Qualified Joint and Survivor
Annuity” refers to a Qualified Joint and Survivor Annuity
that has each of its monthly survivor payments based on the
specified percent (50%, 75%, or 100%) of the monthly payment amount
made during the life of the Participant under the same annuity.
(The 75% Qualified Joint and Survivor Annuity constitutes the
qualified optional survivor annuity that is required to be offered
under the Plan by reason of section 1004 of the Pension Protection
Act of 2004.)
(d) The monthly amount of a
Qualified Joint and Survivor Annuity that is paid while the
Participant is living is determined under the provisions of
Subsection 7.2.2 below and certain other provisions of the
Plan.
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2. Sections 6.3 and 6.4 of the Plan
shall be amended in their entireties to read as follows.
6.3 Vested Retirement . A
Participant who ceases to be an Employee (other than by reason of
his death) prior to becoming eligible for any normal or late
retirement benefit under the foregoing provisions of this Article
6, but after completing a sufficient number of years of Vesting
Service by the date he ceases to be an Employee so that he has as
of such date a Vested Percentage above 0% pursuant to the
provisions of Section 6.4 below, shall also be entitled to a
retirement benefit under the Plan (unless he dies before the
commencement date of the benefit). The date as of which such
benefit will commence and the form in which such benefit will be
paid shall be determined under the provisions of Article 7
below.
6.4 Vested Percentage . For
purposes of determining whether a Participant may be entitled to a
retirement benefit under Section 6.3 above, and also for
purposes of helping to determine (under the provisions of Article 7
below) the amount of each payment of a retirement benefit that may
be payable with respect to any Participant who becomes entitled to
a retirement benefit under any of the foregoing provisions of this
Article 6, the Participant’s vested percentage under this
Plan must be determined. For purposes of all provisions of the
Plan, as of any date (for purposes of this Section 6.4, the
“subject date”), the “vested percentage” of
any Participant shall be determined under the following Subsections
of this Section 6.4.
6.4.1 The Participant’s vested
percentage shall be 100% if the subject date occurs on or after the
date on which Participant first attains his Normal Retirement Age
and the Participant is an Employee on such date.
6.4.2 If (a) Subsection 6.4.1
above does not apply to the Participant, (b) the subject date
occurs on or after January 1, 2008, and (c) the
Participant completes at least one Hour of Service on or after
January 1, 2008 (and by the subject date), then the
Participant’s vested percentage shall be 0% if the
Participant has not completed at least three years of Vesting
Service by the subject date or 100% if the Participant has
completed at least three years of Vesting Service by the subject
date (except that, if the Participant was a Participant in the Plan
as of December 31, 2007, then, notwithstanding the foregoing,
the Participant’s vested percentage shall in no event be less
than 20% if the Participant has completed at least one but not two
years of Vesting Service by the subject date or 40% if the
Participant has completed at least two but not three years of
Vesting Service by the subject date).
6.4.3 If (a) neither Subsection
6.4.1 or 6.4.2 above applies to the Participant, (b) the
subject date occurs on or after January 1, 2001, (c) the
Participant completes at least one Hour of Service on or after
January 1, 2001 (and by the subject date), and (d) either
the subject date occurs prior to January 1, 2008 or the
Participant fails to complete at least one Hour of Service on or
after January 1, 2008, then the Participant’s vested
percentage shall be 0% if the Participant has not completed at
least one year of Vesting Service by the subject date, 20% if the
Participant has completed at least one but not two years of Vesting
Service by the subject date, 40% if the Participant has completed
at least two but not three years of Vesting Service by the subject
date, 60% if the
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Participant has completed at least
three but not four years of Vesting Service by the subject date,
80% if the Participant has completed at least four but not five
years of Vesting Service by the subject date, or 100% if the
Participant has completed at least five years of Vesting Service by
the subject date.
6.4.4 If (a) none of
Subsections 6.4.1, 6.4.2, and 6.4.3 above applies to the
Participant and (b) either the subject date occurs prior to
January 1, 2001 or the Participant fails to complete at least
one Hour of Service on or after January 1, 2001, then the
Participant’s vested percentage shall be 0% if the
Participant has not completed at least five years of Vesting
Service by the subject date or 100% if the Participant has
completed at least five years of Vesting Service by the subject
date.
3. Subsection 7.2.2 of the Plan
shall be amended in its entirety to read as follows.
7.2.2 Subject to the other terms of
the Plan, if a Participant is married as of the date a retirement
benefit under the Plan commences to be paid to him, such retirement
benefit shall be paid in the form of a Qualified Joint and Survivor
Annuity. The following paragraphs of this Subsection 7.2.2 shall
determine the monthly amount of such annuity while the Participant
is living.
(a) If the commencement date of the
Participant’s retirement benefit occurs on or after
January 1, 2008 (in which case the Qualified Joint and
Survivor Annuity may be a 50%, 75%, or 100% Qualified Joint and
Survivor Annuity), then, subject to the provisions of subparagraphs
(i) and (ii) below, the monthly amount of the Qualified
Joint and Survivor Annuity that is payable to the Participant
during the joint lives of the Participant and the person who is his
spouse on the date as of which the annuity commences to be paid to
the Participant shall be equal to the monthly amount that makes
such annuity actuarially equivalent (using the actuarial
assumptions referred to in the immediately following sentence) to
the Participant’s retirement benefit if it was paid in the
form of a Single Life Annuity that commences as of the same
commencement date as applies to such Qualified Joint and Survivor
Annuity. The actua
