Back to top

PARK VIEW FEDERAL SAVINGS BANK SUPPLEMENTAL EXECUTIVE RETIREMENT PLAN

Employee Benefits Plan Agreement

PARK VIEW FEDERAL SAVINGS BANK
SUPPLEMENTAL EXECUTIVE RETIREMENT PLAN You are currently viewing:
This Employee Benefits Plan Agreement involves

PVF CAPITAL CORP | PARK VIEW FEDERAL SAVINGS BANK

. RealDealDocs™ contains millions of easily searchable legal documents and clauses from top law firms. Search for free - click here.
Title: PARK VIEW FEDERAL SAVINGS BANK SUPPLEMENTAL EXECUTIVE RETIREMENT PLAN
Date: 9/13/2006
Industry: BANKSL     Sector: FINANC

Search Employee Benefits Plan Agreement by:

Document Title:

Entire Document: (optional)

50 of the Top 250 law firms use our Products every day
EX-10.4
 

EXHIBIT 10.4

PARK VIEW FEDERAL SAVINGS BANK
SUPPLEMENTAL EXECUTIVE RETIREMENT PLAN

Amended and Restated February 2006

1


 

PARK VIEW FEDERAL SAVINGS BANK
SUPPLEMENTAL EXECUTIVE RETIREMENT PLAN

Article 1

Definitions

 

 

 

Section 1.1

 

Administrator. The Administrator of the Plan shall be the Compensation Committee.

 

 

 

Section 1.2

 

Actuarial Equivalent. At any date, with respect to any Plan Benefit hereunder, a payment or payments equal in the aggregate to the value at such date of such. Plan Benefit determined actuarially on the basis of the current Pension Benefit Guarantee Corporation (“PBGC”) interest rate and the mortality table currently used by the PBGC at such date.

 

 

 

Section 1.3

 

Bank. Park View Federal Savings Bank, a federally chartered savings association, or any successor thereto as provided in Section 10.12 herein.

 

 

 

Section 1.4

 

Board. The Board of Directors of Park View Federal Savings Bank.

 

 

 

Section 1.5

 

Compensation Committee. The Compensation Committee of the Board of Directors of Park View Federal Savings Bank.

 

 

 

Section 1.6

 

Code. The Internal Revenue Code of 1986, as amended, or as it may be amended from time to time.

 

 

 

Section 1.7

 

Company. PVF Capital Corporation, an Ohio corporation, or any successor thereto as provided in Section 10.12 herein, or any subsidiary thereof.

 

 

 

Section 1.8

 

Effective Date. The effective date of the Plan shall be July 1, 1998,

 

 

 

Section 1.9

 

Plan. The Park View Federal Savings Bank Supplemental Executive Retirement Plan.

 

 

 

Section 1.10

 

Plan Benefit. Retirement benefits payable under the Park View Federal Savings Bank Supplemental Executive Retirement Plan.

 

 

 

Section 1.11

 

Participant. An employee who is eligible to participate in the Park View Federal Savings Bank Supplemental Executive Retirement Plan.

 

 

 

Section 1.12

 

Retirement Date. The first day of any calendar month following the Participant’s sixty fifth (65th) birthday on which the Participant elects to retire, or such earlier date as the Board, by resolution, may agree to grant the Participant early retirement.

2


 

Article 2

Purpose of Plan

 

 

 

Section 2.1

 

Purpose. The Plan is designed to provide retirement benefits payable out of the general assets of the Bank as provided in Article 4.

Article 3

Eligibility

 

 

 

Section 3.1

 

Eligibility. Eligibility to participate in the Plan is limited to Employees of the Bank who are designated by the Compensation Committee of the Board of Directors of the Bank.

Article 4

Benefits

 

 

 

Section 4.1

 

Amount of Benefits. The annual amount of benefits payable to each Participant under the Plan shall be equal to sixty percent (60%) of the Participant’s Final Pay, reduced by the Actuarial Equivalent of the annual benefits payable to the Participant under the Bank’s Qualified Retirement Plans consistent with the form of benefits paid under Section 4.2. For purposes of this Section, the reduction for benefits payable under Qualified Retirement Plans shall not include elective deferrals made by the employee and earnings thereon. For purposes of this Section, Final Pay shall be defined as the highest year’s combined salary and target bonus (as defined in the Bank’s Management Incentive Compensation Plan established July 1, 1997) during the last five years of the Participant’s employment with the Bank. The determination of combined salary and target bonus shall include any amounts electively deferred by the Participant to any of the Bank’s qualified or nonqualified employee benefit plans.

 

 

 

Section 4.2

 

Form of Benefit Payments. The benefits payable to or on behalf of a Participant as determined under Section 4.1 shall be paid in the form of a lump sum distribution, single life annuity or converted to the Actuarial Equivalent joint and survivor annuity.

 

 

 

Section 4.3

 

Time of Benefit Payments. Payment of benefits (annuity payments or the lump sum equivalent of the annuity payments) due under the Plan to the Participant shall commence on the Participant’s Normal Retirement Date or, such earlier date as otherwise provided in this Agreement or as the Compensation Committee of the Board may, by resolution, otherwise

3


 

 

 

 

 

 

determine. Subsequent annual payments of benefits shall be paid to the Participant each year, thereafter, on the anniversary date of the initial payment described in the previous sentence. Annuity payments shall continue for the lifetime of the Participant, or for the joint lives of the Participant and his or her spouse if actuarially converted pursuant to Section 4.2. In the event the Participant dies prior to commencement of benefit payments, the benefits payable shall be paid in a lump sum Actuarial Equivalent to the named beneficiary under Article 7 herein within one year from the date of death of the Participant.

 

 

 

Section 4.4

 

Distribution Election. Each Participant shall elect on a Distribution Election Form (in the form attached hereto) the distribution form for Benefit Amount described in Section 4.1. If any Participant fails to make an election on a Distribution Election Form with respect to the Plan the distribution form shall be a single life annuity or converted to the Actuarial Equivalent joint and survivor annuity. Payment of the Benefit within 30 days upon the occurrence of normal retirement, disability, death, early retirement or change of control, as described in Article 5 .

Article 5

Vesting

 

 

 

Section 5.1

 

Pro Rata Vesting. Provided that the Participant has remained continuously in the employ of the Bank (except for normal vacation time and such other leaves of absence as may be approved by the Board), the Participant shall vest in the Plan Benefits described in Article 4 of this Agreement each year, on a pro rata basis, beginning with the one year anniversary date of the effective date that the Participant becomes eligible to participate in the Plan and continuing with each succeeding annual anniversary date thereafter until the Participant’s attainment of age sixty-five (65). Upon the Participant’s attainment of age sixty-five (65) and provided the Participant has remained continuously in the employ of the Bank, the Participant shall be fully vested in the Plan Benefits described in Article 4 of this Agreement.

 

 

 

Section 5.2

 

Example. A Participant is age forty-five (45) at the effective date of this Agreement. Assuming the Participant remains in the employ of the Bank for another fifteen (15) years until he is age sixty (60), he will be entitled to an annual benefit under Article 4 and Section 5.1 of this Agreement that is equal to forty-five percent (45%) of the Participant’s highest combined salary and target bonus during the last five years of his employment determined as follows:

4


 

 

 

 

 

 

15 years Credited service x 60% Final Pay = 45% Final Pay at
20 year vesting period age sixty-five (65)
1

 

 

 

 

 

1 If payments begin earlier than age sixty-five (65), the benefit will be actuarially reduced. If requested by the Participant and approved by the Compensation Committee, the actuarially reduced lump sum equivalent may be paid in lieu of annual benefits.

 

 

 

 

 

Years of credited service shall be equal to the number of years the Participant remains in the employ of the Bank after becoming an eligible Participant of the Plan as determined by the Board

 

 

 

 

 

Vesting period shall be equal to the difference between sixty-five (65) and the Participant’s age at the time he becomes a Participant in the Plan.

 

 

 

Section 5.3

 

Death or Disability. In the event that the Participant dies or becomes permanently and totally disabled while in the employ of the Bank and prior to age sixty-five (65), the Participant shall become fully vested in the Plan Benefits described in Article 4 of this Agreement.

 

 

 

 

 

For purposes of this Agreement, disability shall mean a condition in which the Participant is: (a) unable to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment that can be expected to result in death, or last for a continuous period of not less than twelve (12) months; or (b) by reason of any medically determinable physical or mental impairment that can be expected to result in death, or last for a continuous period of not less than twelve (12) months, is receiving income replacement benefits for a period of not less than three (3) months under an accident and health plan covering participants of Bank.

 

 

 

Section 5.4

 

Early Retirement. In the event the Participant wishes to retire prior to age sixty-five (65), the Compensation Committee of the Board may agree, by resolution, to fully vest the Participant in the entire Plan Benefit described in Article 4. The Compensation Committee of the Board may also agree, by resolution, and with the approval of the Participant, to begin payment of the Participant’s Plan Benefits prior to the Participant’s attainment of age sixty-five (65), Benefits commencing earlier than the Participant’s age 65 will be actuarially reduced for the Participant’s age at commencement.

5


 

 

 

 

Section 5.5

 

Change in Control.

 

 

(a)

 

In the event of a change in control of the Company, the entire Plan Benefit described in Article 4 shall become fully vested and be immediately payable to the Participant in full.

 

 

 

 

 

(b)

 

For purposes of this Agreement, a change in control shall mean:

 

(i)

 

The acquisition by a person or persons acting in concert of the power to vote twenty-five percent (25%) or more of a class of the Company’s voting securities, or the acquisition by a person of the power to direct the Company’s management or policies, if the Board of Directors or the Office of Thrift Supervision (the “OTS”) or successor regulatory agency has made a determination that such acquisition constitutes or will constitute an acquisition of control of the Company for the purposes of the Savings and Loan Holding Company Act or the Change in Bank Cant-Tot Act and the regulations thereunder (12 CFR Part 574 or any successor provision);

 

 

 

 

 

(ii)

 

during the period of two (2) consecutive years during the term of this Agreement, individuals who at the beginning of such period constitute the Board of Directors of the Company cease for any reason to constitute at least a majority thereof, unless the election of each director who was not a director at the beginning of such period has been approved in advance by directors representing at least two thirds (2/3) of the directors then in office who were directors in office at the beginning of the period;

 

 

 

 

 

(iii)

 

the Company shall have merged into or consolidated with another company, or merged another company into the Company, on a basis whereby less than fifty percent (50%) of the total voting power of the surviving company is represented by shares held by former shareholders of the Company prior to such merger or consolidation; or

 

 

 

 

 

(iv)

 

The Company shall have sold (i) substantially all of its assets; or, (ii) the Bank, to another person. The term “person” refers to an individual, corporation, partnership, trust, association, joint venture, pool, syndicate, sole proprietorship, unincorporated organization or other entity.

 

 

6


 

 

Article 6

Termination for Cause

 

 

 

Section 6.1

 

In the event of the termination of the Participant for Cause, the Bank shall have no further obligations under this Agreement other than payment to the Participant at the Retirement Date of any vested portion of the Plan Benefit. For purposes of this Agreement, Cause shall be defined as termination as a result of the Participant’s personal dishonesty, incompetence, willful misconduct, breach of fiduciary duty involving personal profit, intentional failure to perform stated duties, willful violation of any law, rule or regulation (other than traffic violations or similar offenses) or final cease-and-desist order or material breach o

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