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FIFTH AMENDMENT
OF
ADC TELECOMMUNICATIONS, INC.
401(k) EXCESS PLAN
(2002 Restatement)
WHEREAS, ADC
TELECOMMUNICATIONS, INC., a Minnesota corporation (the
“Principal Sponsor”), by resolution of its Board of
Directors, has heretofore established and maintains a nonqualified,
unfunded, deferred compensation and supplemental retirement plan
for the benefit of a select group of management or highly
compensated eligible employees (the “Plan”), which, in
its most recent restated form, is embodied in a document entitled
“ADC TELECOMMUNICATIONS, INC. 401(k) EXCESS PLAN (2002
Restatement),” as amended by four amendments (hereinafter
collectively referred to the “401(k) Excess Plan
Statement”); and
WHEREAS, the ADC
TELECOMMUNICATIONS, INC. SUPPLEMENTAL RETIREMENT PLAN has been
terminated effective October 31, 2005, and the Principal
Sponsor desires to amend the 401(k) Excess Plan Statement to
provide an additional benefit for certain employees previously
covered under such Supplemental Plan; and
WHEREAS, the
Retirement Committee of ADC Telecommunications, Inc. has been
delegated the power to make further amendments of the 401(k) Excess
Plan Statement which do not materially increase the cost of the
Plan; and
NOW, THEREFORE, BE
IT RESOLVED, the 401(k) Excess Plan Statement is hereby amended in
the following respects, all such amendments to be effective as of
January 1, 2006, with respect to employees who are employed by
the Employer or an Affiliate (as such terms are defined in the
Plan) as of such date:
1. AMENDMENT
TO SPECIAL ELIGIBILITY RULE FOR TRANSITION BENEFIT.
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