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LONG-TERM DISABILITY BENEFIT EQUALIZATION PLAN

Employee Benefits Plan Agreement

LONG-TERM DISABILITY BENEFIT EQUALIZATION PLAN | Document Parties: ALTRIA GROUP, INC. | Philip Morris Companies Inc You are currently viewing:
This Employee Benefits Plan Agreement involves

ALTRIA GROUP, INC. | Philip Morris Companies Inc

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Title: LONG-TERM DISABILITY BENEFIT EQUALIZATION PLAN
Date: 7/31/2009
Industry: Tobacco     Sector: Consumer/Non-Cyclical

LONG-TERM DISABILITY BENEFIT EQUALIZATION PLAN, Parties: altria group  inc. , philip morris companies inc
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Table of Contents

Exhibit 10.1

The Long-Term Disability Benefit Equalization Plan covers the same employees as under the Long-Term Disability Plan for Salaried Employees, but whose benefit cannot be paid from the Long-Term Disability Plan for Salaried Employees because of the compensation limitation under the Internal Revenue Code. Effective January 1, 1999, any benefits awarded to the employee in the event of disability under the Supplemental Management Employees’ Retirement Plan of Altria Group, Inc. (then known as Philip Morris Companies Inc.) are also payable under this Plan.

LONG-TERM DISABILITY BENEFIT EQUALIZATION PLAN

 

Effective January 1, 1989

(As amended and in effect as of January 1, 2008)

 

 

 

 

(Adopted on

July 2, 2009)


Table of Contents

Exhibit 10.1

TABLE OF CONTENTS

 

   

  

Page No.

ARTICLE I

  

DEFINITIONS

  

2

ARTICLE II

  

DISABILITY BENEFIT EQUALIZATION ALLOWANCES

  

3

ARTICLE III

  

FUNDS FROM WHICH ALLOWANCES ARE PAYABLE

  

5

ARTICLE IV

  

THE ADMINISTRATOR

  

6

ARTICLE V

  

AMENDMENT AND DISCONTINUANCE OF THE PLAN

  

7

ARTICLE VI

  

CHANGE IN CONTROL PROVISIONS

  

8

 

i


Table of Contents

Exhibit 10.1

LONG-TERM DISABILITY BENEFIT EQUALIZATION PLAN

The Long-Term Disability Benefit Equalization Plan as hereinafter set forth shall, except as otherwise provided herein, govern the rights of an Employee or Disabled Employee who has suffered a disability on or after January 1, 2008 which causes him to be eligible for benefits under the Long-Term Disability Plan, but whose benefits on account of such disability cannot be paid in full from the Long-Term Disability Plan as a result of the statutory limitations (as defined in the Benefit Equalization Plan).

The Long-Term Disability Plan for Salaried Employees provides that the portion of the Pension Offset attributable to the Benefit Equalization Plan shall first be used to reduce any benefits payable under the Plan and shall be used to reduce the amount of any Disability Allowance payable under the Long-Term Disability Plan for Salaried Employees only to the extent that the amount of such Pension Offset attributable to the Benefit Equalization Plan is in excess of the amount necessary to reduce the benefit payable under the Long-Term Disability Benefit Equalization Plan to zero.

The Long-Term Disability Benefit Equalization Plan is exempt from the requirements of Section 409A of the Code as only disability benefits are payable under the plan and there are no lifetime benefits payable under the plan. Pursuant to Treasury Regulations 31.3121(v)(2)-1(b)(4)(iv)(C), the present value of lifetime benefits is determined without any discount for the probability that the employee may die before benefit payments commence and without regard to any benefits payable solely in the event of disability.

 

1


Table of Contents

Exhibit 10.1

ARTICLE I

DEFINITIONS

The following terms as used herein shall have the meanings set forth below. All capitalized terms not defined below shall have the same meaning as in the Long-Term Disability Plan.

(a) “ Administrator ” shall mean the Vice President, Compensation and Benefits of the Company designated pursuant to the terms of the Plan with responsibilities in connection with the administration of the Plan. The Administrator has delegated certain ministerial administrative duties to the Third-Party Recordkeeper and may delegate all or any part of his administrative duties. The term Administrator as used herein shall mean the Administrator or his delegate and any reference in the Plan to the administrative duties of the Administrator shall include the carrying out of such duties by one or more delegates appointed by the Administrator.

(b) “ Compensation Limitation ” shall mean the limitation of Section 505(b)(7) of the Code (or any successor provision) on the annual compensation of an Employee which may be taken into account under the Long-Term Disability Plan.

(c) “ Disability Benefit Equalization Allowance ” or “Allowance” shall mean the amount payable under the Plan to a former Employee in equal monthly payments during a twelve (12) month period.

(d) “ Long-Term Disability Plan ” shall mean the Long-Term Disability Plan for Salaried Employees, effective February 1, 1974, as amended from time to time.

(e) “ Plan ” shall mean the Long-Term Disability Benefit Equalization Plan described herein and in any amendments hereto.

(f) “ Retirement Plan ” shall mean the Retirement Plan for Salaried Employees, effective September 1, 1978, and as amended from time to time.

(g) “ Supplemental Plan ” shall mean the Supplemental Management Employees’ Retirement Plan, effective as of January 1, 1987, and as amended from time to time.

The masculine pronoun shall include the feminine pronoun unless the context clearly requires otherwise.

 

2


Table of Contents

Exhibit 10.1

ARTICLE II

DISABILITY BENEFIT EQUALIZATION ALLOWANCES

 

A.

Disability Benefit Equalization Allowances payable under this Plan shall be as follows:

(1)     The Disability Benefit Equalization Allowance payable to a Disabled Employee who is eligible for a Disability Allowance under the Long-Term Disability Plan shall equal the sum of a minus b:

 

 

(a)

the amount of the Disability Allowance payable to the Disabled Employee under the applicable provision of the Long-Term Disability Plan, computed without regard to the Compensation Limitation; minus

 

 

(b)

the amount of the Disability Allowance actually payable to the Disabled Employee under the Long-Term Disability Plan.

(2)     In computing such Disability Benefit Equalization Allowance:

 

 

(a)

In the case of a Disabled Employee who received target payments pursuant to the target payment program, it shall be assumed that such Disabled Employee continued to participate in the Benefit Equalization Plan during the calendar years for which he received a target payment;

 

 

(b)

The Accredited Service used to compute such Disability Benefit Equalization Allowance shall include the additional periods of Accredited Service which have been credited to the Employee pursuant to the provisions of Article II, A1(a) of the Supplemental Plan and in the designation of the Employee as a participant under the Supplemental Plan;

 

 

(c)

In computing the amount of the Disability Allowance payable to the Disabled Employee under the Long-Term Disability Plan, the amount of any award under the Supplemental Pl


 
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