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Exhibit 10.58
AMENDMENT TO THE
EMPLOYEE SAVINGS PLAN OF KOPPERS
INC. AND SUBSIDIARIES
The Employee Savings Plan of Koppers
Inc. and Subsidiaries (the “Plan”) hereby is amended,
effective January 1, 2008, as follows:
1. Section 1.8 of the Plan is
amended to add the following new language immediately at the end
thereof:
“Compensation does not include
severance pay or any other amounts paid after the end of the Plan
Year in which the Participant’s severance from employment
with the Employer occurs; except that Compensation does include . .
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(a)
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regular
compensation for services during the Participant’s regular
working hours, or compensation for services outside the
Participant’s regular working hours (such as overtime or
shift differential), commissions, bonuses, or other similar
payments that would have been paid to the Participant if the
Participant had continued in employment with the Employer if such
amounts are paid by the later of 2-1/2 months after the severance
from employment or the end of the Plan Year that includes the date
of severance from employment;
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(b)
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payments
to a Participant not currently performing services for the Employer
by reason of qualified military service (as defined under Code
Section 414(u)(1)) to the extent those payments do not exceed
the amount the individual would have received if he or she had
continued performing services for the Employer;
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(c)
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payments
to a Participant who is permanently and totally disabled;
and
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(d)
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payments
for unused accrued bona fide sick, vacation, or other leave, only
if (i) the Participant would have been able to use the leave
if employment had continued; (ii) the amounts would have been
included in the definition of Compensation if they were paid prior
to the Participant’s severance from employment; and
(iii) they are paid by the later of 2-1/2 months after the
Participant’s severance from employment or the end of the
Plan Year that includes the Participant’s severance from
employment date
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No amount shall be included in
Compensation if otherwise excluded by the terms of Code
Section 415. A Participant’s Compensation for a Plan
Year shall not exceed the Code Section 401(a)(17) limit, which
is $230,000 (as
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