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Exhibit
10(k)
GE Excess
Benefits Plan
Effective
January 1, 2009
Section
I.
Eligibility
All Employees,
Surviving Spouses and beneficiaries of Employees eligible to
receive Pension Benefits under the GE Pension Plan shall be
eligible to receive excess benefits under this Plan in accordance
with Section II.
Section
II.
Excess
Benefits
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The amount of
the Excess Benefit payable under this Plan to an Employee,
Surviving Spouse or beneficiary shall be based upon the excess (if
any) of:
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the Pension,
survivor benefit or death benefit that the Employee, Surviving
Spouse or beneficiary would have received under the GE Pension Plan
as a result of the retirement or death of the Employee but for the
limitations on such benefit imposed by the GE Pension Plan pursuant
to Section 415 of the Code, over
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the Pension,
survivor benefit or death benefit that the Employee, Surviving
Spouse or beneficiary receives under the GE Pension
Plan.
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For all
periods during which this Plan is in effect and regardless of
whether the Employee’s termination of Service date occurs on,
before or after January 1, 2009, in no event shall an individual be
entitled to receive more benefits from this Plan and the GE Pension
Plan combined than he would have been entitled to receive from the
GE Pension Plan alone without application of the limits of Section
415 of the Code referred to in Section II.1.a. above.
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Consistent
with established Company procedures, if an eligible Employee
commences his Excess Benefits at the time set forth in Section III
but remains in protected service for other purposes, his initial
Excess Benefits shall be based on his service credits earned up to
the commencement date of his Excess Benefits. Following the
eligible Employee’s break in protected service, the dollar
amount (but not the form, time or manner of distribution) of the
eligible Employee’s Excess Benefits shall be adjusted
consistent with such procedures to take into account any additional
service credits the eligible Employee may have earned under the GE
Pension Plan and any related offsets.
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Notwithstanding
any provision of the Plan to the contrary, in no event will any
benefits be payable hereunder as a result of the exclusion from the
definition of Compensation in the GE Pension Plan of Incentive
Compensation, commissions and similar variable compensation paid
after the end of the calendar year in which the Employee’s
Service terminates pursuant to the last sentence of the first
paragraph of the definition of “Compensation” set forth
in Section XXVI therein.
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Section
III.
Payment of
Excess Benefits
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All Excess
Benefits provided for hereunder which are Grandfathered Plan
Benefits shall be paid in the same form, time and manner as the
benefits payable to such Employee, Surviving Spouse or beneficiary
under the GE Pension Plan.
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All Excess
Benefits provided for hereunder which are Non-Grandfathered Plan
Benefits shall be paid in the same form, time and manner as the
non-grandfathered plan benefits payable to such Employee, Surviving
Spouse or beneficiary under the GE Supplementary Pension
Plan. Consistent with the foregoing, the provisions of
the GE Supplementary Pension Plan which restrict payments to a
Specified Employee during the first six months following Separation
from Service shall apply in the same manner hereunder with respect
to such Excess Benefits. In addition, if an Employee is
not also entitled to benefits from the GE Supplementary Pension
Plan, the principles of the GE Supplementary Pension Plan governing
the form, time and manner of payment shall nevertheless apply in
the same manner hereunder with respect to such Excess
Benefits.
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If an Employee
is reemployed, the treatment of the Employee’s Excess
Benefits will be governed by the principles of the reemployment
provisions of the GE Supplementary Pension Plan (regardless of
whether the Employee is otherwise entitled to a Supplementary
Pension under the GE Supplementary Pension Plan).
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An
Employee’s beneficiary for the purposes of this
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