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FMC Technologies, Inc. Salaried Employees' Equivalent Retirement Plan

Employee Benefits Plan Agreement

FMC Technologies, Inc. Salaried Employees' Equivalent Retirement Plan | Document Parties: FMC TECHNOLOGIES INC You are currently viewing:
This Employee Benefits Plan Agreement involves

FMC TECHNOLOGIES INC

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Title: FMC Technologies, Inc. Salaried Employees' Equivalent Retirement Plan
Date: 8/6/2008
Industry: Oil Well Services and Equipment     Sector: Energy

FMC Technologies, Inc. Salaried Employees' Equivalent Retirement Plan, Parties: fmc technologies inc
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Exhibit 10.7(e)

FMC Technologies, Inc.

Salaried Employees’ Equivalent Retirement Plan

As Amended and Restated, Effective January 1, 2009


T ABLE OF C ONTENTS

 

 

 

 

 

 

 

  

 

  

PAGE

Section 1.

  

Establishment and Purposes of the Plan

  

1

 

 

 

Section 2.

  

Participants

  

1

 

 

 

Section 3.

  

Excess Benefit

  

1

 

 

 

Section 4.

  

Funding

  

1

 

 

 

Section 5.

  

Establishment of Trust

  

2

 

 

 

Section 6.

  

Payment of Excess Benefit

  

2

 

 

 

Section 7.

  

Actuarial Equivalent Benefit

  

3

 

 

 

Section 8.

  

Administration of the Plan

  

3

 

 

 

Section 9.

  

Amendment and Termination

  

4

 

 

 

Section 10.

  

Employment

  

4

 

 

 

Section 11.

  

Withholding for Taxes

  

4

 

 

 

Section 12.

  

Immunity of Committee Members

  

4

 

 

 

Section 13.

  

Action by Employer

  

5

 

 

 

Section 14.

  

Effect on Other Employee Benefit Plans

  

5

 

 

 

Section 15.

  

Non-Alienation of Benefits

  

5

 

 

 

Section 16.

  

Employer Liability

  

5

 

 

 

Section 17.

  

Notices

  

5

 

 

 

Section 18.

  

Gender, Number and Headings

  

5

 

 

 

Section 19.

  

Controlling Law

  

5

 

 

 

Section 20.

  

Successors

  

6

 

 

 

Section 21.

  

Severability

  

6

 

 

 

Section 22.

  

Subsequent Changes

  

6

 

 

 

Section 23.

  

Benefits Payable to Minors, Incompetents and Others

  

6

 

 

 

Section 24.

  

409A Compliance

  

6

 

i.


FMC Technologies, Inc. Salaried Employees’ Equivalent Retirement Plan

Section 1. Establishment and Purposes of the Plan . The FMC Technologies, Inc. Salaried Employees’ Equivalent Retirement Plan (the “Plan”), as established effective May 1, 2001 by FMC Technologies, Inc., a Delaware corporation (“Company”), is hereby amended and restated effective January 1, 2009. The purpose of the Plan is to provide employees of the Company and its affiliated companies that have adopted the Plan (each such company an “Employer”) with the retirement benefits they would have received under the Part I – Salaried and Non-Union Hourly Employee’ Retirement Plan of the FMC Technologies, Inc. Employees’ Retirement Program (the “Salaried Retirement Plan”), but for the limitations of Sections 401(a)(17) and 415 of the Internal Revenue Code of 1986, as amended (the “Code”), and but for the fact that amounts an employee defers under the FMC Technologies, Inc. Non-Qualified Savings and Investment Plan (“Non-Qualified Savings Plan”) are not pensionable earnings under the Salaried Retirement Plan.

The Company intends for the Plan to comply in operation with Code Section 409A on and after January 1, 2005 and to comply in documentational form on and after January 1, 2009.

Section 2. Participants . An employee of any Employer who is an active participant in the Salaried Retirement Plan will become a “Participant” on the day he or she becomes entitled to an Excess Benefit under Section 3. Once an individual is a Participant, he or she will remain a Participant until his or her entire Excess Benefit has been paid.

Section 3. Excess Benefit . Each employee of an Employer who is an active participant in the Salaried Retirement Plan will be entitled to receive an “Excess Benefit” equal to the amount, if any, by which his or her accrued benefit under the Salaried Retirement Plan is reduced:

 

 

(a)

to comply with the limitations of Code Section 415;

 

 

(b)

because his or her pensionable earnings exceed the annual compensation limit under Code Section 401(a)(17), as adjusted; and

 

 

(c)

because deferred compensation is not included in the definition of pensionable earnings under the Salaried Retirement Plan.

Section 4. Funding . The amount of a Participant’s Excess Benefit, if any, will be determined at the time the Participant becomes entitled to receive a retirement benefit under the Salaried Retirement Plan, or at another time determined by the Committee (as defined in Section 8) in its sole discretion, according to rules of uniform application. Neither the Company nor any Employer is required to segregate on its books or elsewhere any amount to be used to pay Excess Benefits, and no accounts will be maintained for Participants under the Plan. This Plan will be unfunded, and Excess Benefits will be payable only from the general assets of the Company or any Employer. Each Participant has only the rights of an unsecured creditor of the Company or any Employer, as to his or her Excess Benefit.


Section 5. Establishment of Trust . The Company has established a rabbi trust in order to accumulate assets to pay Plan obligations, which is an irrevocable trust subject to the jurisdiction of U.S. federal courts that may hold an insurance contract or contracts and/or such other assets as determined by the Company. The assets and income of the trust will be subject to the claims of the Company’s creditors in the event of the Company’s bankruptcy or insolvency. The establishment or maintenance of the trust will not affect the Company’s liability to pay Excess Benefits, except that the liability shall be reduced to the extent assets of the trust are used to pay Excess Benefits. A Participant will have no claim in any asset of the trust, or in specific assets of the Company or any Employer, and will have the status of a general unsecured creditor for any amounts due under this Plan.

Section 6. Payment of Excess Benefit . A Participant’s Excess Benefit shall be paid pursuant to this Section 6. A Participant’s Excess Benefit will be paid to such Participant according to the form of payment elected by such Participant, which form may be either (a) a lump sum or (b) monthly installments over a period of five (5) years, such payment(s) to commence no later than 90 days following the Participant’s separation from service for any reason. The actuarial factors and assumptions provided in Section 7 shall be used in determining the actuarial equivalent present value of any benefit.

Upon initial participation in the Plan, a Participant shall have until January 31 of the calendar year following the calendar year in which the Participant commences participation in the Plan pursuant to Section 2 to make an initial election with respect to the form of payment. Absent a valid form of payment election, a Participant shall receive payment of his or her Excess Benefit in the form of a lump sum as soon as administratively possible, but in any event no later than 90 days following separation from service for any reason. In the event of the Participant’s death prior to the commencement of payment, and notwithstanding a Participant’s election to the contrary, payment shall be made in the form of a lump sum, such lump sum to be paid to the Participant’s beneficiary as designated pursuant to a valid beneficiary designation form filed with the Plan (“Beneficiary”) within 90 days following death. Notwithstanding the foregoing, except for payments made upon separation from service due to death, no payments shall be made to a Participant who is a “specified employee” (as defined in Code Section 409A) of the Company or any Employer (regardless of whether such Employer has adopted the Plan) until on or after the first day of the seventh calendar month following the Participant’s separation from service.

Notwithstanding the above to the contrary, a Participant may elect to have his or her Excess Benefit paid in a form other than as initially elected above, provided that:

 

 

(a)

Such election shall not take effect until at least 12 months after the date on which the election is made;

 

-2-


 

(b)

The first such payment must be deferred for a period of not less than five years from the date such payment would otherwise have commenced; and

 

 

(c)

Such election shall not be effective if made less than 12 months prior to the date the payment is otherwise scheduled to commence.

With respect to payments made in installments, the balance of such installments that remain to be paid shall be credited with interest based on the interest rate used to calculate actuarial equivalent present valu


 
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