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COCA-COLA ENTERPRISES INC. EXECUTIVE PENSION PLAN (AMENDED AND RESTATED EFFECTIVE DECEMBER 31, 2008)

Employee Benefits Plan Agreement

COCA-COLA ENTERPRISES INC. EXECUTIVE PENSION PLAN (AMENDED AND RESTATED EFFECTIVE DECEMBER 31, 2008) | Document Parties: COCA COLA ENTERPRISES INC You are currently viewing:
This Employee Benefits Plan Agreement involves

COCA COLA ENTERPRISES INC

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Title: COCA-COLA ENTERPRISES INC. EXECUTIVE PENSION PLAN (AMENDED AND RESTATED EFFECTIVE DECEMBER 31, 2008)
Governing Law: Georgia     Date: 2/13/2009
Industry: Beverages (Non-Alcoholic)     Sector: Consumer/Non-Cyclical

COCA-COLA ENTERPRISES INC. EXECUTIVE PENSION PLAN (AMENDED AND RESTATED EFFECTIVE DECEMBER 31, 2008), Parties: coca cola enterprises inc
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Exhibit 10.3

COCA-COLA ENTERPRISES INC.

EXECUTIVE PENSION PLAN

(AMENDED AND RESTATED EFFECTIVE DECEMBER 31, 2008)

ARTICLE I

INTRODUCTION AND PURPOSE

1.1. Purpose . The purpose of the Coca-Cola Enterprises Inc. Executive Pension Plan (the “Plan”) is to supplement, for a select group of eligible executives of the Company and Affiliates that have adopted the Plan, the retirement benefits provided under the Coca-Cola Enterprises Employees’ Pension Plan.

1.2. Amendment and Restatement . Coca-Cola Enterprises Inc. hereby amends and restates the Plan, effective December 31, 2008. This amended and restated Plan shall apply to Participants who have not yet commenced payment of benefits under the Plan by December 31, 2008. Participants who have commenced payments by December 31, 2008 shall continue to be paid in accordance with the form of payment then in effect.

ARTICLE II

DEFINITIONS

Administrative Committee means the committee appointed pursuant to Article VI to administer the Plan or such committee’s designee.

Affiliates means all entities treated as a single service recipient or employer with the Company pursuant to Code section 409A.

Beneficiary means (i) the beneficiary designated by the Participant in accordance with the procedures established by the Administrative Committee, (ii) if the Participant has not designated a beneficiary or such beneficiary is no longer living, the Participant’s Surviving Spouse, and (iii) if there is no designated beneficiary or Surviving Spouse, the Participant’s estate.

Benefit Service shall have the same meaning as “Benefit Service” under the Pension Plan and shall be determined in the same manner as under the Pension Plan.

Code means the Internal Revenue Code of 1986, as amended. Reference to any section of the Code includes reference to any regulations promulgated thereunder, and any related administrative guidance, notice, or ruling that amends or supplements such section.

Company means Coca-Cola Enterprises Inc., a Delaware corporation, or its successor or successors.

Compensation means those amounts included in the definition of “Compensation” under the Pension Plan determined without regard to the limits of Code Section 401(a)(17), plus any amounts deferred by the Participant under the Supplemental MESIP and any other nonqualified deferred compensation arrangement between the Employer and the Participant, provided such amounts shall be considered only in the year in which they are first deferred and not in any later year, including the year(s) of receipt. Compensation shall not include any amounts paid under a severance plan of the Employer or a severance agreement with the Employer.


Eligible Employee means an Employee who is employed in a position classified as within the Global Leadership, Executive Leadership, Strategic Leadership, or Business Unit/Functional Leadership band, or in a position otherwise determined to be eligible for participation by the Administrative Committee.

Employee means any person who is an employee on the payroll of the Employer and shall exclude any person not on the payroll of the Employer, such as an independent contractor or person paid by a temporary staffing or similar agency, even if a court or administrative agency determines at any time that such an individual is a common law employee of the Employer.

Employer means the Company and any Affiliate adopting the Plan with the consent of the Company.

Final Average Earnings shall be determined in the same manner as “Final Average Earnings” under the Pension Plan, provided, however, that Compensation shall be used in making such determination, and Compensation earned in the year in which the Participant Separates from Service with the Employer and all Affiliates shall be considered Compensation earned in a complete calendar year.

Normal Retirement Age means age 65.

Participant means an Eligible Employee who satisfied the requirements for participation in the Plan. Any current or former Employee who has an interest under the Plan shall also be considered a Participant.

Pension Plan means the Coca-Cola Enterprises Employees’ Pension Plan.

Pension Plan Base Benefit means the retirement benefit the Participant would receive under the Pension Plan at Normal Retirement Age excluding any portion of such benefit attributable to (i) a rollover to the Pension Plan from a defined contribution plan, (ii) any “add on” benefits relating to certain merged plans as described in the definition of an “Accrued Benefit” under the Pension Plan, or (iii) any early retirement supplement paid pursuant to Article III.I. (or any successor provision) of the Pension Plan, and determined before any applicable offset to such retirement benefit as described in the definition of an “Accrued Benefit” under the Pension Plan.

Plan means the Coca-Cola Enterprises Inc. Executive Pension Plan.

Plan Year means the 12-month period beginning each January 1st and ending on the next December 31st.

Related Company shall have the same meaning as “Related Company” under the Pension Plan.

Separation from Service” or “Separates from Service means a separation from service, within the meaning of Code section 409A, with the Employer and all Affiliates, applying the special rules regarding military service and periods of leave treated as continued employment pursuant to Treas. Reg. §1.409A-1(h)(1)(i) and using a 50% threshold for the level of service rather than 20% under Treas. Reg. §1.409A-1(h)(1)(ii).

Social Security Taxable Wage Base means, with respect to any calendar year, the contribution and benefit base in effect under Section 230 of the Social Security Act at the beginning of the calendar year.

Supplemental MESIP means the Coca-Cola Enterprises Inc. Supplemental Matched Employee Savings and Investment Plan.

Supplemental Pension Plan means the Coca-Cola Enterprises Inc. Supplemental Pension Plan.

Surviving Spouse shall have the same meaning as “Surviving Spouse” under the Pension Plan. As under the Pension Plan, references to a “Surviving Spouse” or “spouse” shall be interpreted to refer to a person of the opposite sex to whom the Participant is legally married, and references to “married” or “unmarried” shall be interpreted to refer to a legal marriage to a person of the opposite sex.

 

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Vesting Service shall have the same meaning as “Vesting Service” under the Pension Plan and shall be determined, for purposes of the Plan, in the same manner as under the Pension Plan. Notwithstanding the preceding sentence, “Vesting Service” may also, in the sole discretion of the Administrative Committee, include periods of service granted under an employment, severance, settlement or other written agreement between the Participant or a Related Company and the Employer.

ARTICLE III

PARTICIPATION

3.1. Initial Participation . An Employee shall become a Participant in the Plan on the later of the date on which he (a) becomes an Eligible Employee or (b) becomes a participant in the Pension Plan.

3.2. Cessation of Participation . A Participant who ceases to be an Eligible Employee as a result of a change in his employment classification shall no longer be a Participant and shall not be entitled to accrue a benefit under the Plan after the last day of the year in which the change in employment classification occurs or after such other applicable date determined by the Administrative Committee. If such a Participant Separates from Service with the Employer and all Affiliates before the end of the period described in the preceding sentence, any benefit calculations under the Plan shall include Compensation and Benefit Service through the date of such Separation from Service.

A Participant who Separates from Service with the Employer and all Affiliates after the period described in the first sentence of this Section shall have the benefit calculated under Article IV as of the date he is no longer a Participant transferred to the Supplemental Pension Plan. Such transferred benefit shall constitute a minimum benefit as provided in Section 4.3 of the Supplemental Pension Plan. The transferred benefit shall be calculated based on the reduction factors provided in this Plan for purposes of determining whether it exceeds the benefit provided under the generally applicable Supplemental Pension Plan formula, and if the transferred benefit exceeds such Supplemental Pension Plan benefit, it shall be converted to a lump sum or installments, as applicable, using the interest rate and mortality table applicable under this Plan.

ARTICLE IV

BENEFITS

4.1. Calculation of Benefit . A Participant’s benefit under this Plan shall be calculated in the manner described in this Section 4.1 and paid at the time and in the form provided in Section 4.2.

 

 

(a)

Normal or Late Retirement . A Participant who Separates from Service with the Employer and all Affiliates on or after attainment of his Normal Retirement Age shall be entitled to a benefit calculated based on a life annuity in an amount equal to the excess, if any, of (1) over (2) below:

 

 

(1)

A retirement benefit equal to 1.15% percent of the Participant’s Final Average Earnings plus 0.25% of the Participant’s Final Average Earnings in excess of the Social Security Taxable Wage Base in effect in the year the Participant Separates from Service with the Employer and all Affiliates, multiplied by the Participant’s Benefit Service.

 

 

(2)

The Participant’s Pension Plan Base Benefit.

If a Participant was previously an Employee and accrued a vested benefit under this Plan during that prior period of employment, then an amount shall be added to clause (2) above that is equal to such prior period vested Plan benefit determined in the form of a single life annuity payable at Normal Retirement Age.

Solely for purposes of this Article IV, “Benefit Service” shall also include, in calculating the amount under clause (1) and the Pension Plan Base Benefit under clause (2), the number of months of Benefit Service, if any, expressly provided for under a severance agreement with the Employer or a severance

 

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plan of the Employer, or, if no additional Benefit Service is expressly provided for under such severance agreement or plan, the number of full months of the Participant’s compensation that was used to determine the amount paid to the Participant under such severance agreement or plan. The crediting of such additional Benefit Service is contingent on the Participant signing any release or other agreement required by the Employer before the date specified by the Employer.

If a Participant becomes vested in his benefit under this Plan pursuant to the provision regarding transfers to a Related Company under Article V, the benefit calculated under cla


 
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