SIXTH AMENDMENT TO THE
SCI 401(K) RETIREMENT SAVINGS PLAN
(AS AMENDED AND RESTATED JANUARY 14, 2004)
WHEREAS,
Service Corporation International (the “Company”)
previously adopted and maintains the SCI 401(k) Retirement Savings
Plan, as amended and restated effective January 14, 2004 (the
“Plan”); and
WHEREAS,
the Company reserved the right to amend the Plan at any time;
and
WHEREAS,
the Plan has been amended by the “First Amendment”
dated October 22, 2004, the “Second Amendment”
dated December 8, 2004, the “Third Amendment”
dated February 25, 2005, the “Fourth Amendment”
dated December 20, 2006 and the Fifth Amendment dated
December 19, 2007; and
WHEREAS,
the Company now desires to amend the Plan to credit service for
certain former employees of OPI and to comply with Final Code
Section 415 Regulations;
NOW,
THEREFORE , the Plan shall be and hereby is amended as
follows:
1. Effective as
of April 1, 2008 item D.1. of the Plan’s Adoption
Agreement shall be amended to provide that service with OPI with
respect to certain employees as listed on Exhibit A, as
attached hereto, will be recognized for eligibility and vesting
purposes.
2. The attached
Addendum H shall be added to the Plan for the purpose of complying
with the requirements of the Final Code Section 415
Regulations.
3. Except as
amended herein, the Plan is hereby specifically ratified and
affirmed.
IN WITNESS
WHEREOF , the Company has executed this Sixth Amendment this
2 day of May, 2008.
SERVICE
CORPORATION INTERNATIONAL
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By:
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/s/ Jane D.
Jones
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Title:
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Vice President
Human Resources
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Printed
Name:
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Jane D. Jones
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Corina
Slott
Naren Patel
Michael Lambright
Chris Pryor
Henry Higareda
Ken Mathew
Rosemary Amatong
John Messenger
Kim Kellogg
James Lierman
Steve Webb
Steve Bixler
Anu Shah
Chirag Patel
Adrian Robles
Darren Felcman
Joseph Cherian
Chan Chang
Celestine Khuong
Daphne Chan
Colin Ramsey
Jasminka Blews
Rory Green
Cristina Esquivel
Fatima Skalski
Chris Hartman
Hector Lewis
Betty Davis
Charles Reynolds
Mara Stephenson
Lucille Bean
Dawn Jackson-Pinson
Jody Lewis
Valeria Rose
ADDENDUM H
FINAL CODE SECTION 415 REGULATIONS
ARTICLE I.
415 COMPENSATION
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1.1
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Effective date
. The provisions of this
Addendum H shall apply to limitation years beginning on and after
July 1, 2007.
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1.2
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415 Compensation paid after
severance from employment . 415 Compensation shall be adjusted
for the following types of compensation paid after a
Participant’s severance from employment with the Employer
maintaining the Plan (or any other entity that is treated as the
Employer pursuant to Code Section 414(b), (c), (m) or
(o)). However, amounts described in subsections (a) and
(b) below may only be included in 415 Compensation to the
extent such amounts are paid by the later of 2 1/2 months
after severance from employment or by the end of the limitation
year that includes the date of such severance from employment. Any
other payment of compensation paid after severance of employment
that is not described in the following types of compensation is not
considered 415 Compensation within the meaning of Code Section
415(c)(3), even if payment is made within the time period specified
above.
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(a)
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Regular pay . 415 Compensation shall include
regular pay after severance of employment if:
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(1) The
payment is regular compensation for services during the
Participant’s regular working hours, or compensation for
services outside the Participant’s regular working hours
(such as overtime or shift differential), commissions, bonuses, or
other similar payments; and
(2) The
payment would have been paid to the Participant prior to a
severance from employment if the Participant had continued in
employment with the Employer.
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(b)
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Leave cash outs and deferred
compensation . Leave cashouts shall be included
in 415 Compensation if those amounts would have been included in
the definition of 415 Compensation if they were paid prior to the
Participant’s severance from employment, and the amounts are
payment for unused accrued bona fide sick, vacation, or other
leave, but only if the Participant would have been able to use the
leave if employment had continued. In addition, deferred
compensation shall be included in 415 Compensation if the
compensation would have been included in the definition of 415
Compensation if it had been paid prior to the Participant’s
severance from employment, and the compensation is received
pursuant to a nonqualified unfunded deferred compensation plan, but
only if the payment would have been paid at the same time if the
Participant had continued in employment with the Employer and only
to the extent that the payment is includible in the
Participant’s gross income.
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(c)
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Salary continuation payments for
military service Participants . 415 Compensation does not include
payments to an individual who does not currently perform services
for the Employer by reason of qualified military service (as that
term is used in Code Section 414(u)(1)) to the extent those
payments do not exceed the amounts the individual would have
received if the individual had continued to perform services for
the Employer rather than entering qualified military
service.
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(d)
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Salary continuation payments for
disabled Participants . 415 Compensation does not include
compensation paid to a Participant who is permanently and totally
disabled (as defined in Code Section 22(e)(3)).
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1.3
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Administrative delay (“the
first few weeks”) rule . 415 Compensation for a limitation
year shall not include amounts earned but not paid during the
limitation year solely because of the timing of pay periods and pay
dates.
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1.4
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Inclusion of certain nonqualified
deferred compensation amounts . 415 Compensation shall include
amounts that are includible in the gross income of a Participant
under the rules of Code Section 409A or Code
Section 457(f)(1)(A) or because the amounts are constructively
received by the Participant.
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1.5
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Code Section 401(a)(17)
limit. 415
Compensation shall not
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