Back to top

JLG Industries, Inc. Supplemental Executive Retirement Plan

Employee Benefits Plan Agreement

JLG Industries, Inc. Supplemental Executive Retirement Plan | Document Parties: OSHKOSH CORP | JLG Industries, Inc You are currently viewing:
This Employee Benefits Plan Agreement involves

OSHKOSH CORP | JLG Industries, Inc

. RealDealDocs™ contains millions of easily searchable legal documents and clauses from top law firms. Search for free - click here.
Title: JLG Industries, Inc. Supplemental Executive Retirement Plan
Governing Law: Pennsylvania     Date: 11/14/2008
Industry: Auto and Truck Manufacturers     Sector: Consumer Cyclical

JLG Industries, Inc. Supplemental Executive Retirement Plan, Parties: oshkosh corp , jlg industries  inc
50 of the Top 250 law firms use our Products every day











JLG Industries, Inc.
Supplemental Executive Retirement Plan


Effective September 6, 2000

(As Amended Effective December 31, 2008)



JLG Industries, Inc.
Supplemental Executive Retirement Plan

TABLE OF CONTENTS


 

 

Page


Section 1.

Establishment and Purpose of the Plan

1  

         1.1.

Establishment

         1.2.

Purpose


Section 2.

Participation by Eligible Executives

         2.1.

Eligible Executives on Effective Date

         2.2.

Eligible Executives After Effective Date

         2.3.

Written Proof of Participation Required


Section 3.

Accrued Benefit

         3.1.

Method of Determining Accrued Benefit

         3.2.

Applicable Percentage

         3.3.

Final Average Compensation

         3.4.

Required Reductions


Section 4.

Retirement Benefits

         4.1.

Normal Retirement Benefit

         4.2.

Late Retirement Benefit

         4.3.

Early Retirement Benefit

         4.4.

Vested Retirement Benefit

         4.5.

Disability Retirement Benefit

         4.6.

Joint & Survivor Annuity Option

         4.7.

Lump Sum Option


Section 5.

Preretirement Death Benefits

         5.1.

Lump Sum Benefit

         5.2.

Annuity Options Available to Spouse Beneficiaries


Section 6.

Nature of Participant’s Interest in Plan

         6.1.

No Right to Assets

         6.2.

No Right to Transfer Interest

         6.3.

No Employment Rights

         6.4.

Withholding and Tax Liabilities


Section 7.

Administration, Interpretation, and Modification of Plan

         7.1.

Plan Administrator

         7.2.

Powers of Committee

         7.3.

Finality of Committee Determinations

         7.4.

Incapacity

i


 

 

 

         7.5.

Amendment, Suspension, and Termination

         7.6.

Power to Delegate Board Authority

         7.7.

Headings

         7.8.

Severability

         7.9.

Governing Law

         7.10.

Complete Statement of Plan


Section 8.

Terms Used in the Plan

         8.1.

Gender and Number

         8.2.

Definitions


Section 9.

Code Section 409A Grandfathering Provisions

17 

         9.1.

General Grandfathering Rule

17 

         9.2.

409A Grandfathered Benefit Amount

17 

         9.3.

Payment of Grandfathered Benefit Amount

18 

         9.4.

409A Non-Grandfathered Benefit Amount

18 

         9.5.

Compliance with Internal Revenue Code Section 409A

21 


APPENDIX A

Accrued Benefit of Participants Before September 6, 2000

22 

         A.1.

Introduction

22 

         A.2.

Definitions

22 

         A.3.

Applicable Percentage

22 

         A.4.

Final Average Compensation

22 

         A.5.

Required Reductions

23 






ii


JLG Industries, Inc.
Supplemental Executive Retirement Plan

Effective September 6, 2000

(As Amended Effective December 31, 2008)


Section 1.     Establishment and Purpose of the Plan.

         1.1.      Establishment . Effective June 1, 1995, the Company established the Plan for the benefit of the Participants and, in the case of Participants described in Section 2.1, for the purpose of replacing their benefits under the Prior Plan.

         1.2.      Purpose . The Plan is an unfunded plan maintained primarily for the purpose of providing deferred compensation to a select group of management and highly compensated employees. The Plan provides supplemental retirement income to Participants in excess of their employer-provided benefits under certain other plans and arrangements up to the maximum benefit specified in the Plan. The Plan also provides supplemental survivor’s income to Participant’s Beneficiaries.

Section 2.     Participation by Eligible Executives.

         2.1.      Eligible Executives on Effective Date . An employee who is an Eligible Executive on the Effective Date will become a Participant in the Plan beginning on the Effective Date if he agrees in writing to waive all rights he may have under the Prior Plan.

         2.2.      Eligible Executives After Effective Date . No new Participants shall be admitted to the Plan after December 31, 2008. An employee who first becomes an Eligible Executive after the Effective Date will not become a Participant in the Plan unless the Compensation Committee, in its sole discretion, permits him to do so. If the Compensation Committee does permit him to participate in the Plan, the Eligible Executive will become a Participant in the Plan on the date specified by the Compensation Committee in its sole discretion.

         2.3.      Written Proof of Participation Required . No employee will become a Participant in the Plan unless he and the Company execute a copy of the Plan document recognizing his participation in the Plan. The executed copy will constitute an agreement between the Company and the employee that binds both of them to the terms of the Plan. Their agreement will be binding on their heirs, executors, administrators, successors, and assigns, both present and future. The executed copy must be signed on the Company’s behalf by an authorized officer (other than the employee) and by the employee on his own behalf. In the case of an employee who becomes a Participant under Section 2.1, the executed copy will also constitute his written agreement to waive all rights he may have under the Prior Plan.


JLG Industries, Inc.

Page 2  

Supplemental Executive Retirement Plan


 

Section 3. Accrued Benefit.

         3.1.      Method of Determining Accrued Benefit.

 

        (a)        If an individual first became a Participant on or after September 6, 2000, his Accrued Benefit shall be determined as provided in this Section 3. The Participant’s Accrued Benefit under the Plan shall be a monthly benefit equal to the Applicable Percentage of his Final Average Compensation, payable in the form of a Ten-Year Certain Life Annuity beginning on his Normal Retirement Date, and reduced in accordance with Section 3.4.



 

        (b)        The Accrued Benefit of an individual who first became a Participant before September 6, 2000, shall be determined as provided in Appendix A of the Plan.



         3.2.      Applicable Percentage . A Participant’s Applicable Percentage is the percentage specified by the Compensation Committee with respect to the Participant for purposes of the Plan, as reflected in the written agreement between the Company and the Participant executed in accordance with Section 2.3, multiplied by the service fraction described in the following sentence. Unless a different service fraction is specified in the written agreement between the Company and the Participant, the numerator of the service fraction is the Participant’s Years of Service (not exceeding 20) when his employment with the Company terminates, and the denominator of the service fraction is 20.

         3.3.      Final Average Compensation . A Participant’s Final Average Compensation is one-twelfth the average of his Annual Compensation for the 2 consecutive or nonconsecutive calendar years during which the average of his Annual Compensation is the highest. The Annual Compensation of a Participant for a calendar year is the amount of the Participant’s base salary for the calendar year and the amount of any cash bonus paid to him in the calendar year, each including (i) amounts that are contributed, at the election of a Participant, on behalf of the Participant to a cafeteria plan or a cash or deferred arrangement and not included in the Participant’s gross income for federal income tax purposes by reason of section 125, 132(f), or 402(e)(3) of the Code and (ii) compensation deferred under the JLG Industries, Inc. Executive Deferred Compensation Plan (or any successor thereto). Annual Compensation earned more than 10 years before the year in which the Participant’s employment with the Company terminates is ignored. Annual Compensation does not include any amount realized as a result of the grant, modification, or exercise of a stock option or stock appreciation right; lapse of restriction on restricted property; or settlement of deferred stock grants or restricted stock or performance units.


JLG Industries, Inc.

Page 3  

Supplemental Executive Retirement Plan


 

         3.4.      Required Reductions . The monthly installments otherwise included in a Participant’s Accrued Benefit will be reduced as follows:

 

        (a)        First, if the Participant elects to begin receiving benefits before his Normal Retirement Date, his Accrued Benefit will be reduced by one half of one percent for each month during which benefits are scheduled to be paid before his Normal Retirement Date.



 

        (b)        Second, each monthly installment will be reduced by the monthly amount of a benefit that is the Actuarial Equivalent of all employer-provided benefits the Participant has received, is receiving, or is expected to receive under any defined benefit plan (other than this Plan) maintained by the Company or any entity that would be aggregated with the Company under section 414(b) or (c) of the Code. The amount of the Participant’s employer-provided benefits under other defined benefit plans will be determined as of the Participant’s Benefit Starting Date. Employer-provided benefits provided to an alternate payee under a domestic relations order will be treated as if they were provided to the Participant.



 

        (c)        Third, each monthly installment will be further reduced by the monthly amount of a benefit that is the Actuarial Equivalent of all employer-provided account balances accumulated on the Participant’s behalf under any defined contribution plan maintained by the Company or any entity that would be aggregated with the Company under section 414(b) or (c) of the Code. Employer-provided account balances do not include any portion of an account balance attributable to salary reduction contributions made by the Participant, regardless of whether the contributions are made on a pre-tax or an after-tax basis. Account balances will be determined as of 30 days before the Participant’s Benefit Starting Date. Distributions previously made from the Participant’s accounts will be taken into account, plus interest from the date of distribution. Employer-provided account balances provided to an alternate payee under a domestic relations order will be treated as if they were provided to the Participant.



 

        (d)        Fourth, each monthly installment will be further reduced by the monthly amount of a benefit that is the Actuarial Equivalent of the Participant’s Company Contribution Subaccount (within the meaning of the JLG Industries, Inc. Executive Deferred Compensation Plan), if any, and any investment return (or loss) credited to such subaccount pursuant to section 3.3 of such plan. The balance in the Participant’s subaccount will be determined as of 30 days before the Participant’s Benefit Starting Date. Previous distributions attributable to the Participant’s accounts will be taken into account, plus interest from the date of distribution.




JLG Industries, Inc.

Page 4  

Supplemental Executive Retirement Plan


 



 

        (e)        Fifth, after the preceding reductions have been made, each monthly installment that is scheduled to be made after the Participant reaches Social Security Retirement Age will be further reduced by one-half the monthly amount of the federal Social Security old-age benefit he is entitled to begin receiving on his Social Security Retirement Age.



 

        (f)        Sixth, after the preceding reductions have been made, the resulting monthly installment will be further reduced by multiplying it by the Participant’s Vested Percentage. The Vested Percentage is 100 percent in the case of a Participant with 5 or more Years of Service, and zero percent in the case of a Participant with less than 5 Years of Service. A Participant is deemed to have completed 5 Years of Service if he dies or becomes Disabled, or if a Change in Control occurs, before his Benefit Starting Date.



 

        (g)        Seventh, after the preceding reductions have been made, each monthly installment made during a month for which the Participant receives benefits under a long-term disability plan maintained by the Company will be further reduced by the amount of the employer-provided long-term disability benefit he receives for that month.



Section 4.     Retirement Benefits.

         4.1.      Normal Retirement Benefit . A Participant who retires from service with the Company on his Normal Retirement Date is entitled to a Normal Retirement Benefit. Unless he elects otherwise, he will receive his Normal Retirement Benefit in the form of a Ten-Year Certain Life Annuity beginning on his Normal Retirement Date. The monthly installments made under his Normal Retirement Benefit will be the same as the monthly installments under his Accrued Benefit.

         4.2.      Late Retirement Benefit . A Participant who retires from service with the Company after his Normal Retirement Date is entitled to a Late Retirement Benefit. Unless he elects otherwise, he will receive his Late Retirement Benefit in the form of a Ten-Year Certain Life Annuity beginning on the first day of the month after he retires from service with the Company. The monthly installments made under his Late Retirement Benefit will be the same as the monthly installments under his Accrued Benefit (except that the Applicable Percentage shall be determined taking into account his Years of Service through his retirement date), beginning with the monthly installment for the month that includes his Late Retirement Date. However, he will not receive any monthly installments that would have been made under his Accrued Benefit before his Late Retirement Date, and no adjustment will be made in his Late Retirement Benefit to reflect the loss of these installments. For purposes of calculating the Final Average Compensation of a Participant entitled to a Late Retirement Benefit, Annual Compensation paid after the Participant’s Normal Retirement Date will be taken into account.


JLG Industries, Inc.

Page 5  

Supplemental Executive Retirement Plan


 



         4.3.      Early Retirement Benefit . A Participant who retires from service with the Company on or after age 55 but before his Normal Retirement Date is entitled to an Early Retirement Benefit. Unless he elects otherwise, he will receive his Early Retirement Benefit in the form of a Ten-Year Certain Life Annuity beginning on his Normal Retirement Date. The monthly installments made under his Early Retirement Benefit will be the same as the monthly installments under his Accrued Benefit. However, he may elect to begin receiving his Early Retirement Benefit on the first day of any month before his Normal Retirement Date and on or after the date he retires from service with the Company.

         4.4.      Vested Retirement Benefit . A Participant whose employment with the Company terminates for any reason before age 55 following a Change in Control is entitled to a Vested Retirement Benefit. Unless he elects otherwise, he will receive his Vested Retirement Benefit in the form of a Ten-Year Certain Life Annuity beginning on his Normal Retirement Date. The monthly installments made under his Vested Retirement Benefit will be the same as the monthly installments under his Accrued Benefit. However, he may elect to begin receiving his Vested Retirement Benefit on the first day of any month before his Normal Retirement Date and on or after age 55. A Participant whose employment with the Company terminates for any reason other than death or Disability before age 55 and before a Change in Control is not entitled to a Retirement Benefit

         4.5.      Disability Retirement Benefit . A Participant who becomes Disabled before his employment with the Company terminates and before he satisfies the requirements for another Retirement Benefit under this Section 4 is entitled to a Disability Retirement Benefit. Unless he elects otherwise, he will receive his Disability Retirement Benefit in the form of a Ten-Year Certain Life Annuity beginning on his Normal Retirement Date. The monthly installments made under his Disability Retirement Benefit will be the same as the monthly installments under his Accrued Benefit. However, he may elect to begin receiving his Disability Retirement Benefit on the first day of any month before his Normal Retirement Date and on or after age 55.

         4.6.      Joint & Survivor Annuity Option . A Participant may elect to receive his Retirement Benefit in the form of a Ten-Year Certain Joint & Survivor Annuity rather than a Ten-Year Certain Life Annuity. The Ten-Year Certain Joint & Survivor Annuity may begin on the first day of any month on which the Participant is entitled to begin receiving his Retirement Benefit and will be the Actuarial Equivalent of the Retirement Benefit that would have been payable to him in the form of a Ten-Year Certain Life Annuity beginning on that day. Any election under this Section 4.6 must be made before the Participant’s Benefit Starting Date and may not be changed or revoked after that date.

         4.7.      Lump Sum Option . Alternatively, a Participant may elect to receive his Retirement Benefit in the form of a lump sum rather than a Ten-Year Certain Life Annuity. The lump sum may be paid on the first day of any month on which the Participant is entitled to begin receiving his Retirement Benefit and will equal the Actuarial Present Value of the Retirement Benefit that would have been payable to him in the form of a Ten-Year Certain Life Annuity beginning on that day. Any election under this Section 4.7 must be made before the Participant’s Benefit Starting Date and may not be changed or revoked after that date.


JLG Industries, Inc.

Page 6  

Supplemental Executive Retirement Plan


 



Section 5.     Preretirement Death Benefits.

         5.1.      Lump Sum Benefit . If a Participant dies before his Benefit Starting Date, his Beneficiary is entitled to a Preretirement Death Benefit, even if the Participant has not satisfied the requirements for a Retirement Benefit under Section 4 at the time of his death. Except as provided in Section 5.2, the Preretirement Death Benefit will be paid as soon as administratively feasible after the Participant’s death in the form of a lump sum equal to the Actuarial Present Value of the first 120 monthly installments that would have been paid to the Participant under a Ten-Year Certain Life Annuity that began on the earliest date after his death on which he could have elected to begin receiving benefits under Section 4, had he not died.

         5.2.      Annuity Options Available to Spouse Beneficiaries . In lieu of the lump sum described in Section 5.1, a Beneficiary who is married to the Participant at the time of his death may elect to receive the Preretirement Death Benefit in the form of either a Single Life Annuity Or a Ten-Year Certain Fixed Annuity. The Beneficiary may elect to begin receiving the Single Life Annuity or Ten-Year Certain Fixed Annuity on any date after the Participant’s death on which the Participant could have elected to begin receiving benefits under Section 4, had he not died. Any election under this Section 5.2 must be made before the Beneficiary’s Benefit Starting Date and may not be changed or revoked after that date.

Section 6.     Nature of Participant’s Interest in Plan.

         6.1.      No Right to Assets . Participation in the Plan does not create, in favor of any Participant or Beneficiary, any right or lien in or against any asset of the Company. Nothing contained in the Plan, and no action taken under its provisions, will create or be construed to create a trust of any kind, or a fiduciary relationship, between the Company and a Participant or any other person. The Company’s promise to pay benefits under the Plan will at all times remain unfunded as to each Participant and Beneficiary, whose rights under the Plan are limited to those of a general and unsecured creditor of the Company.

         6.2.      No Right to Transfer Interest . Rights to benefits payable under the Plan are not subject in any manner to anticipation, alienation, sale, transfer, assignment, pledge, or encumbrance. However, the Administrative Committee may permit a Participant or Beneficiary to enter into a revocable arrangement to pay all or part of his benefits under the Plan to a revocable grantor trust (a so-called “living trust”). In addition, the Administrative Committee may recognize the right of an alternate payee named in a domestic relations order to receive all or part of a Participant’s benefits under the Plan, but only if (a) the domestic relations order would be a “qualified domestic relations order” within the meaning of section 414(p) of the Code (if section 414(p) applied to the Plan), (b) the domestic relations order does not attempt to give the alternate payee any right to any asset of the Company, (c) the domestic relations order does not attempt to give the alternate payee any right to receive payments under the Plan at a time or in an amount that the Participant could not receive under the Plan, and (d) the amount of the Participant’s benefits under the Plan are reduced to reflect any payments made or due the alternate payee.


JLG Industries, Inc.

Page 7  

Supplemental Executive Retirement Plan


 



         6.3.      No Employment Rights . No provisions of the Plan and no action taken by the Company, the Board of Directors, the Compensation Committee, or the Administrative Committee will give any person any right to be retained in the employ of the Company, and the Company specifically reserves the right and power to dismiss or discharge any Participant.

         6.4.      Withholding and Tax Liabilities . The amount of any withholdings required to be made by any government or government agency will be deducted from benefits paid under the Plan to the extent deemed necessary by the Administrative Committee. In addition, the Participant or Beneficiary (as the case may be) will bear the cost of any taxes not withheld on benefits provided under the Plan, regardless of whether withholding is required.

Section 7.     Administration, Interpretation, and Modification of Plan.

         7.1.      Plan Administrator . The Administrative Committee will administer the Plan.

         7.2.      Powers of Committee . The Administrative Committee’s powers include, but are not limited to, the power to adopt rules consistent with the Plan; the power to decide all questions relating to the interpretation of the terms and provisions of the Plan; and the power to resolve all other questions arising under the Plan (including, without limitation, the power to remedy possible ambiguities, inconsistencies, or omissions by a general rule or particular decision). The Administrative Committee has discretionary authority to exercise each of the foregoing powers.

         7.3.      Finality of Committee Determinations . Determinations by the Administrative Committee and any interpretation, rule, or decision adopted by the Administrative Committee under the Plan or in carrying out or administering the Plan will be final and binding for all purposes and upon all interested persons, their heirs, and their personal representatives.

         7.4.      Incapacity . If the Administrative Committee determines that any person entitled to benefits under the Plan is unable to care for his affairs because of illness or accident, any payment due (unless a duly qualified guardian or other legal representative has been appointed) may be paid for the benefit of such person to his spouse, parent, brother, sister, or other party deemed by the Administrative Committee to have incurred expenses for such person.


JLG Industries, Inc.

Page 8  

Supplemental Executive Retirement Plan


 



         7.5.      Amendment, Suspension, and Termination . The Board of Directors has the right by written resolution to amend, suspend, or terminate the Plan at any time. However, no amendment, suspension, or termination will apply to an employee who already is a Participant in the Plan without his express written consent.

         7.6.      Power to Delegate Board Authority . The Board of Directors may, in its sole discretion, delegate to any person or persons all or part of its authority and responsibility under the Plan, including, without limitation, the authority to amend the Plan.

         7.7.      Headings . The headings used in this document are for convenience of reference only and may not be given any weight in interpreting any provision of the Plan.

         7.8.      Severability . If any provision of the Plan is held illegal or invalid for any reason, the illegality or invalidity of that provision will not affect the remaining provisions of the Plan, and the Plan will be construed and enforced as if the illegal or invalid provision had never been included in the Plan.

         7.9.      Governing Law . The Plan will be construed, administered, and regulated in accordance with the laws of the Commonwealth of Pennsylvania, except to the extent that those laws are preempted by federal law.

         7.10.      Complete Statement of Plan . This Plan supersedes the Prior Plan with respect to the Participants. This Plan contains a complete statement of its terms. The Plan may be amended, suspended, or terminated only in writing and then only as provided in Section 7.5. A Participant’s right to any benefit of a type provided under the Plan will be determined solely in accordance with the terms of the Plan. No other evidence, whether written or oral, will be taken into account in interpreting the provisions of the Plan. Notwithstanding the preceding provisions of this Section 7.10, for purposes of determining benefits with respect to a Participant, this Plan will be deemed to include (a) the provisions of the written agreement between the Company and the Participant executed in accordance with Section 2.3, and (b) the provisions of any other written agreement between the Company and the Participant to the extent such other agreement explicitly provides for the incorporation of some or all of its terms into this Plan.

Section 8.     Terms Used in the Plan.

         8.1.      Gender and Number . Words used in the masculine gender in the Plan are intended to include the feminine and neuter genders, where appropriate. Words used in the singular form in the Plan are intended to include the plural form, where appropriate, and vice versa.


JLG Industries, Inc.

Page 9  

Supplemental Executive Retirement Plan


 



         8.2.      Definitions . When used in capitalized form in the Plan, the following words and phrases have the following meanings, unless the context clearly indicates that a different meaning is intended:

 

         “Accrued Benefit” means the benefit described in Section 3 or Appendix A, whichever is applicable.



 

         “Actuarial Equivalent” means the following: an amount or benefit is the “Actuarial Equivalent” of, or is “Actuarially Equivalent” to, another amount or benefit as


 
SITE SEARCH

AGREEMENTS / CONTRACTS

Document Title:

Entire Document: (optional)

Governing Law:(optional)


Try our advanced search >>
 

CLAUSES

Search Contract Clauses >>

Browse Contract Clause Library>>

Get Email Updates
Email:
This is only a partial view of this document. We have millions of legal documents and clauses drafted by top law firms. learn more search for free browse for free learn more