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AMERCO EMPLOYEE STOCK OWNERSHIP PLAN

Employee Benefits Plan Agreement

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This Employee Benefits Plan Agreement involves

AMERCO /NV/

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Title: AMERCO EMPLOYEE STOCK OWNERSHIP PLAN
Date: 6/4/2009
Industry: Rental and Leasing     Sector: Services

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Exhibit 10.1A

 

FIRST AMENDMENT TO THE

 

AMERCO EMPLOYEE STOCK OWNERSHIP PLAN

 

 

On March 16, 1973, AMERCO, a Nevada corporation (the "Corporation") established the AMERCO Profit Sharing Retirement Trust (the "Profit Sharing Plan") for certain of its employees. The Profit Sharing Plan was subsequently amended from time to time. Effective April 1, 1984, the Corporation established the AMERCO Employee Savings and Protection Plan (the "Savings Plan") to permit employee contributions to be made on a favorable tax basis through utilization of the provisions of Section 401(k) of the Internal Revenue Code (the "Code"). The Savings Plan was subsequently amended from time to time. Effective January 1, 1988, the Profit Sharing Plan and the Savings Plan were merged into a single plan called the "AMERCO Retirement Savings and Profit Sharing Plan" (the "Profit Sharing Plan").

 

Effective as of July 24, 1988, AMERCO established an "employee stock ownership plan " (as defined in Section 407(d)(6) of the Employee Retirement Income Security Act of 1974 (the "Act") and Section 4975(e)(7) of the Code) designed to invest primarily in "qualifying employer securities" (as defined in Section 407(d)(5) of the Act and Section 4975(e)(8) of the Code) of the Corporation (the "ESOP"). At the time, the ESOP was contained in a single document with the Profit Sharing Plan and became known as the "AMERCO Employee Savings, Profit Sharing and Employee Stock Ownership Plan." Notwithstanding the fact that the ESOP was contained in a single document, it was in fact a "stand alone" plan.

 

The AMERCO Employee Savings, Profit Sharing and Employee Stock Ownership Plan was subsequently amended and restated in its entirety effective January 1, 1989 to comply with the Tax Reform Act of 1986 ("TRA 86") and to make certain other modifications. The AMERCO Employee Savings, Profit Sharing and Employee Stock Ownership Plan was then amended on four occasions.

 

The AMERCO Employee Savings, Profit Sharing and Employee Stock Ownership Plan was then amended and restated in its entirety to comply with the Small Business Job Protection Act of 1996 ("SBJPA"), the Uniformed Services Employment and Reemployment Rights Act of 1994 ("USERRA "), the Taxpayer Relief Act of 1997 ("TRA 97")

 

The AMERCO Employee Savings, Profit Sharing and Employee Stock Ownership Plan was subsequently amended to comply with GUST and EGTRRA legislative changes and to make certain other modifications.

 

Effective January 1, 2007, the AMERCO Employee Savings, Profit Sharing and Employee Stock Ownership Plan (the "ESOP") was amended by restating the AMERCO Employee Stock Ownership Plan its entirety as a separate plan document to incorporate certain amendments, and make certain administrative as well as other

 

 

 

 


 

 

 

 

miscellaneous changes. The AMERCO Employee Savings and Profit Sharing Plan was also restated and amended in its entirety as a separate plan document (the "Employee Savings and Profit Sharing Plan").

 

By the adoption of this document, the ESOP (hereinafter the "Plan") is amended, effective January 1, 2009, as follows:

 

 

1.   Section 11.5 (d) of the Plan is hereby amended and restated in its entirety to provide as follows:

 

"(b) TERMINATION AND DISABILITY


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