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FOURTH
AMENDMENT TO THE DYNEGY INC. COMPREHENSIVE WELFARE
BENEFITS PLAN
WHEREAS,
the Health Insurance Portability and Accountability Act of 1996
(the “Act”) and regulations promulgated thereunder at
45 C.F.R. Part 164, subpart C (“HIPAA Security
Regulations”) impose certain obligations on group health
plans and plan sponsors with respect to electronic protected health
information;
WHEREAS,
Section 8.1 of the Dynegy Inc. Comprehensive Welfare Benefits
Plan, effective as of January 1, 2002, and as subsequently
amended (the “Plan”), provides that Dynegy Inc. (the
“Company”) may amend the Plan and any or all
Constituent Benefit Programs incorporated therein; and
WHEREAS,
effective April 20, 2005, the Company implemented its program
of compliance with the HIPAA Security Regulations;
WHEREAS,
reflecting such de facto compliance, the Company desires to
formally adopt and execute an amendment to the Plan to comply with
certain requirements of the HIPAA Security Regulations;
NOW,
THEREFORE, in consideration of the premises above, effective
April 20, 2005, Article XIV of the Plan shall be, and
hereby is amended in the following respects:
Section 14.1
of the Plan is hereby deleted and replaced in its entirety by the
following:
14.1
Purpose of Article .
The
purpose of this Article XIV is to cause the Plan to comply
with the Health Insurance Portability and Accountability Act of
1996 (the “Act”) and the regulations adopted thereunder
at 45 C.F.R. Parts 160 and 164, subparts C and E (the
“Regulations”). This Article is to be construed and
interpreted in accordance with such purposes. Terms used in this
Article shall have the meanings set forth in the Regulations. In
the event of a conflict between a Plan definition of a term and
that provided in the Regulations, the definition in the Regulations
sh
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