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RETIREMENT
SAVINGS RESTORATION
PLAN
Originally
Adopted — January 1, 2007
Last Amended
Effective January 1, 2009
E. I. du Pont
de Nemours and
Company
-2-
RETIREMENT
SAVINGS RESTORATION PLAN
The
purpose of this Plan is to provide an eligible employee with the
opportunity to defer, until termination of employment, receipt of
salary that, because of compensation limits imposed by law, is
ineligible to be considered in calculating benefits within the
Company’s tax-qualified defined contribution plan(s) and
thereby recover benefits lost because of that
restriction.
The
administration of this Plan is vested in the Benefit Plan
Administrative Committee appointed by Company. The Committee may
adopt such rules as it may deem necessary for the proper
administration of the Plan, and may appoint such person(s) or
group(s) as may be judged necessary to assist in the administration
of the Plan. The Committee’s decision in all matters
involving the interpretation and application of this Plan shall be
final. The Committee shall have the discretionary right to
determine eligibility for benefits hereunder and to construe the
terms and conditions of this Plan.
An
employee of the Company who is eligible to participate in the E. I.
du Pont de Nemours and Company Retirement Savings Plan and who is
Grade 7 or above (or equivalent level for a participating
subsidiary) shall be eligible to participate in this Plan
(hereinafter “Participant”).
For
purposes of this Plan, the term “Company” means E.I. du
Pont de Nemours and Company, any wholly-owned subsidiary or part
thereof and any joint venture, partnership, or other entity in
which E.I. du Pont de Nemours and Company has an ownership
interest, provided that such entity (1) adopts this Plan with
the approval of E.I. du Pont de Nemours and Company and (2) agrees
to make the necessary financial commitment in respect of any of its
employees who become Participants in this Plan.
IV. PARTICIPANTS’
ACCOUNTS
(A) Participant
Contributions. A Participant may elect to defer receipt of a
percentage of compensation (as defined in the Retirement Savings
Plan) in excess of the amount prescribed in Internal Revenue Code
Section
-3-
401(a)(17), and have the
dollar equivalent of the deferral percentage credited to a
Participant Account under this Plan. The deferral percentage
elected under this Plan shall not exceed 6%. Except as provided
below, such deferral election will be made prior to the beginning
of each calendar year and will be irrevocable for that calendar
year.
For purposes of a
Participant’s first year of participation in this Plan, the
compensation deferral election must be made within 30 days of
the date the employee becomes
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