EXXONMOBIL ADDITIONAL PAYMENTS PLANEmployee Benefits Plan Agreement |
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Exhibit
10(iii)(c.3)
EXXONMOBIL
ADDITIONAL PAYMENTS PLAN
The purpose of this Plan is to provide
additional payments from the general assets of Exxon Mobil Corporation (the
“Corporation”) to certain persons. The benefits payable under
this Plan consist of two types of pension benefits and a disability benefit.
The first pension benefit is a benefit based upon the person’s
final average incentive compensation (“Incentive Pension Benefit”).
The second pension benefit restores certain benefits that are accrued
under a pension plan sponsored by a non-U.S. affiliate of the Corporation but
which are not paid (“Overseas Makeup Benefit”). The
disability benefit is based on incentive compensation and is paid in the event
of a long-term disability (“Disability Benefit”).
Eligibility
A person is eligible to receive Incentive
Pension Benefits only if the person satisfies at either of the following
requirements:
(A)
the person becomes a retiree within the
meaning of the ExxonMobil Common Provisions (“retiree”); or
(B)
in the case of an individual who after
terminating employment from the Corporation or any of its affiliates continues
employment with Infineum USA Inc. or one of its affiliates (collectively,
"Infineum"), becomes a qualified plans retiree within the meaning of
the ExxonMobil Common Provisions (“qualified plans retiree”).
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2.2
Benefit Formula
(A)
in General
Except as provided in section 2.3 below
with respect to former Mobil employees, as defined in the ExxonMobil Common
Provisions (“Former Mobil Employees”), the amount of a
person’s Incentive Pension Benefit is determined by multiplying 1.6% of
the person’s final average incentive compensation by the person’s
years of pensionable service as determined under the ExxonMobil Pension Plan
(reduced, but not below zero, by the equivalent amount, if any, determined with
respect to the person under the ExxonMobil Key Employee Additional Payments
Plan), and dividing the amount so derived by twelve. The amount so
derived is expressed in the form of a monthly five-year certain and life
annuity for the life of the person commencing at the person’s age 65
(“Normal Retirement Age”).
(B)
Final Average Incentive Compensation
For the purposes of paragraph (A) above,
a person's “final average incentive compensation” shall be
determined in accordance with this paragraph (B).
(1)
Calculation
(a)
In General
If a person’s eligibility for
Incentive Pension Benefits arises from section 2.1(A) above, the person's final
average incentive compensation is the average of the person's three highest
annual bonus awards (including awards of zero, if any) under the Corporation's
Incentive Programs awarded on any of the five most recent annual award dates
immediately preceding the person’s termination of employment.
(b)
Corporate Acquisitions
For purposes of applying paragraph (A)
above to a person who commences employment with the Corporation or one of
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its affiliates in
connection with a corporate acquisition, incentive compensation paid by the
person’s former employer that is the equivalent of bonus awards payable
under the Corporation’s Incentive Program may be taken into account as
determined by the management of the Corporation in its sole discretion.
Management shall have the discretion to exclude any and all prior
employer compensation for purposes of this paragraph (b).
(2)
Infineum Participants
If a person’s eligibility for
Incentive Pension Benefits arises from Section 2.1(B) above, the person's final
average incentive compensation is the sum of the three highest annual bonus
awards under the Corporation's Incentive Programs, if any, during the five-year
period immediately prior to the person's termination of employment from
Infineum, divided by three.
(3)
Annual Bonus Award
(a)
Items Used in Calculation
For purposes of this paragraph (B), in
determining the amount of a person's annual bonus award, only awards granted
under the short-term incentive part of the Incentive Programs as cash and bonus
units are considered.
(b)
Item Excluded From Calculation
For purposes of this paragraph (B), in
determining the amount of a person's annual bonus award, an award to a person
characterized by the granting authority as a special one-time bonus is
disregarded, unless deemed specifically includable by the granting authority at
the time of grant.
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(c)
Calculation of Annual Bonus Award
If an annual bonus award is granted as
bonus units, the maximum settlement value obtainable at the time of the grant
shall be used in calculating the value of the award.
Benefit Formula for Former Mobil Employee
(A)
In General
Incentive Pension Benefits for Former
Mobil Employees who retire with eligibility for Incentive Pension Benefits
under section 2.1 above shall be determined under this section 2.3. The
amount of a person’s Incentive Pension Benefit calculated under this
section 2.3 is the smaller of
(1)
the amount of the person’s
Incentive Pension Benefit otherwise determined under section 2.2 above based on
all of the person’s pensionable service under the ExxonMobil Pension
Plan, or
(2)
the amount determined by first
calculating the person’s Overall Benefit Objective under paragraph (B)
below, then subtracting therefrom the person’s Qualified Benefit
Objective calculated under paragraph (C) below and the person’s
nonqualified PSSP benefit, if any, determined under paragraph (D) below.
The resulting amount is expressed as a
monthly five-year certain and life annuity for the life of the person
commencing at the person’s Normal Retirement Age.
(B)
Overall Benefit Objective
(1)
In General
A person’s Overall Benefit
Objective is the greater of
(a)
the sum of the person’s Mobil
Benefit described in paragraph (2) below and the person’s Post-Mobil
Benefit described in paragraph (3) below, or
(b)
the person’s Overall ExxonMobil
Benefit described in paragraph (4) below.
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(2)
Mobil Benefit
A person’s Mobil Benefit is the
person’s accrued benefit under the Retirement Plan of Mobil Oil
Corporation and the Supplemental Pension and Annuity Program of Mobil Oil
Corporation up through the date the person becomes a participant in the
ExxonMobil Pension Plan, based on service and compensation up through the date
the person becomes a participant in the ExxonMobil Pension Plan.
(3)
Post-Mobil Benefit A person’s Post-Mobil Benefit is
the person’s accrued benefit described in paragraph (4) below based only
on the person’s pensionable service after the person becomes a
participant in the ExxonMobil Pension Plan.
(4)
Overall ExxonMobil Benefit
A person’s Overall ExxonMobil
Benefit is the sum of
(a)
the person’s accrued benefit under
the ExxonMobil Pension Plan (including the Pre-Social Security Pension benefit)
without any application of the limits under Code section 415 or 401(a)(17), and
(b)
the amount of the person’s
Incentive Pension Benefit otherwise determined under section 2.2 above,
based on all of the person’s
pensionable service under the ExxonMobil Pension Plan.
(5)
Rules for Calculation
In calculating a person’s Mobil
Benefit, Post-Mobil Benefit and Overall ExxonMobil Benefit, the Plan
administrator shall apply rules similar to those contained in section 2.7 of
the ExxonMobil Pension Plan for purposes of calculating the person’s
frozen Mobil benefit, post-Mobil benefit, and ExxonMobil benefit, respectively.
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(C)
Qualified Benefit Objective
A person’s Qualified Benefit
Objective is the person’s accrued benefit under the ExxonMobil Pension
Plan, including the person’s Pre-Social Security Pension.
(D)
Nonqualified PSSP Benefit
A person’s Nonqualified PSSP
Benefit is the excess, if any, of
(1)
the amount of the person’s
Pre-Social Security Pension benefit calculated in connection with the
person’s Overall Benefit Objective under paragraph (B) above, over
(2)
the amount of the person’s
Pre-Social Security Pension benefit or the equivalent thereof under Part 2 of
the ExxonMobil Pension Plan calculated in connection with the person’s
Qualified Benefit Objective under paragraph (C) above.






