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Exhibit 10(av)
Ninth Amendment to
Aon Pension Plan
As Amended and Restated Effective January 1,
2002
WHEREAS, the
Aon Pension Plan (the "Plan") is currently set out in the 2002
Restatement of the Aon Pension Plan, which was generally effective
as of January 1, 2002 (the "Restatement").
WHEREAS, the
Board of Directors of Aon Corporation desires to amend the Plan
pursuant to the authority to do so under Section 9.01 of the
Plan.
NOW, THEREFORE,
the Plan, as set out in the Restatement and as amended from time to
time, is further amended as follows:
1.
Section 2.01.
By substituting for
Section 2.01 a new Section 2.01, effective as of
January 1, 2007, to read as follows:
-
"Accrued Retirement Income"
shall mean the monthly amount determined in
accordance with Section 4.01 of the Plan, but based on Years
of Service, Final Average Earnings and Annual Earnings, if
applicable, as of any date before the Participant's Normal
Retirement Date; provided
, however
, that the Accrued Retirement Income of a
Participant shall not be less than the Minimum Accrued Benefit
determined in accordance with Section 4.03.
2.
Section 2.02.
By substituting for the last
sentence of Section 2.02 a new sentence, effective as of
December 31, 2006, to read as follows:
-
With respect to such Participant who has at least
one Hour of Service on or after January 1, 2002, for purposes
of determining Final Average Earnings under Section 4.01(A)
(but not for purposes of determining Final Average Earnings at
December 31, 1997), the maximum amount permitted pursuant to
IRC Section 401(a)(17) shall be considered to be $200,000 for
calendar years beginning prior to January 1, 2002.
3.
Section 2.14.
By substituting for the
first paragraph of Section 2.14 a new paragraph, effective as
of December 31, 2006, to read as follows:
-
"Final Average Earnings" shall mean the average of the Participant's Annual Earnings
paid to him by the Employers for service during the highest five
consecutive calendar years of the last ten calendar years of
Employment immediately preceding the earlier of (i) his
retirement date or his Termination Date, or
(ii) January 1, 2007; provided, however, that if he was
not an Employee during any five consecutive calendar years during
such period, his Final Average Earnings shall be the average of his
Annual Earnings during the five calendar years (or lesser period if
he was not an Employee for such five calendar years) immediately
preceding the earlier of (i) the calendar year he was last an
Employee or (ii) January 1, 2007.
4.
Section 2.16.
A new sentence shall be
added at the end of Section 2.16, effective as of
January 1, 2006, to read as follows:
1
-
In order to clarify the usage of the 45 Hours of
Service equivalency described above and consistent with past
administrative practice and procedure under the Plan, payroll and
other Company records reflect the actual number of hours worked by
an Employee, and accordingly the 45 Hours of Service equivalency
shall not apply, where such records reflect the actual number of
hours for which the Employee is directly or indirectly paid or
entitled to payment.
5.
Section 2.19.
By substituting for
Section 2.19 a new Section 2.19, effective as of
January 1, 2006, to read as follows:
-
"Covered Compensation" shall mean the average of the Taxable Wage Bases (as defined
pursuant to Section 3121(a)(1) of the IRC) for the 35 calendar
years ending with the last day of the year in which a Participant
attains Social Security Retirement Age (as defined at
Section 13.05(n)), and assuming for any particular Plan Year
that the Taxable Wage Base on January 1 will remain the same
for all future years.
6.
Section 2.31.
A new subsection (i) of
Section 2.31 shall be added, effective as of January 1,
2006, to read as follows:
-
-
- (i)
- Participants whose employment with the Company
or any of its subsidiaries shall terminate pursuant to
Section 7.1 of the Renewal Rights and Asset Purchase Agreement
between Muirfield Underwriters, Ltd., a Delaware corporation,
and AmTrust North America, Inc., a Delaware corporation, dated
as of May 9, 2006, shall be credited with a Year of Service
for the period commencing January 1, 2006 and ending on the
date of such termination of employment regardless of whether they
complete 1,000 Hours of Service during such period.
7.
Section 4.01.
By substituting for
Section 4.01 a new Section 4.01, effective as of
December 31, 2006, to read as follows:
-
4.01 Normal Retirement
Benefit
Subject to
Section 4.01(C), each Participant who is employed in the
service of the Employer on his Normal Retirement Date and who
retires on or after his Normal Retirement Date shall be entitled to
receive a monthly Normal Retirement Benefit beginning on the first
day of
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