Exhibit 10(d) Amendment of Excess Benefit
Plan
Kansas City Life Insurance Company
THIRD
AMENDMENT
KANSAS CITY LIFE
EXCESS BENEFIT
PLAN
ARTICLE I
Definitions
1. “Act”
shall mean the Employee Retirement
Income Security Act of 1974 (ERISA), as from time to time
amended.
2. “Pension
Plan” shall mean the
Kansas City Life Insurance Company Cash Balance Pension Plan, as
amended from time to time.
3. “Code”
shall mean the Internal Revenue Code
of 1986, as amended from time to time.
4. “Company”
shall mean Kansas City Life
Insurance Company and any of its subsidiaries or affiliated
business entities participating in the Pension Plan.
5. “Effective
date” shall mean
January 1, 1999.
6. “Maximum
benefit” shall mean the
maximum benefit permitted by Sections 415 and 401(a) (17) of the
Code to be paid a participant of a defined benefit plan qualified
under Sections 401(a) and 501(a).
7. “Participant”
shall mean any employee of the
Company who is an active participant in the Pension Plan on or
after the effective date and whose pension benefits determined on
the basis of the provisions of such Pension Plan, without regard to
the limitations of the Code, would exceed the maximum benefit
limited under Sections 415 and 401(a) (17) of the Code.
8. “Plan”
shall mean the Kansas City Life
Excess Benefit Plan, as from time to time amended or restated,
which shall be an unfunded plan as defined in Act Section 3 (36)
and Department of Labor Regulation 2520.104-23.
9. “Unrestricted
benefit” shall mean the
maximum normal, early, or deferred vested retirement benefit,
payable pursuant to provisions of the Pension Plan, whichever is
applicable, determined without regard to the limitations of the
Code imposed under Sections 415 and 401 (a) (17).
ARTICLE II
Benefits
1. Normal
retirement benefit: Upon separation from service following the retirement
of a participant, as provided under the Pension Plan, such
participant shall be entitled to a benefit equal in amount to his
unrestricted benefit less the maximum benefit.
2. Deferred vested
retirement benefit: If a participant separates from service following his or her
termination of employment with the Company and is entitled to a
deferred vested retirement benefit provided under the Pension Plan,
such a participant shall be entitled to a benefit equal to his
unrestricted benefit less the maximum benefit.
3. Spouse’s
pension benefit: Subject to Section 2.04 below, upon the death of a
participant whose spouse is eligible for a pre- or post-retirement
surviving spouse benefit under the Pension Plan, the
participant’s surviving spouse shall be entitled to a benefit
equal to the surviving spouse benefit determined in accordance with
the provisions of the Pension Plan without regard to the limitation
under Code Sections 415 and 401 (a) (17) less the maximum
benefit and such benefit will
be paid within ninety (90) days of the death of the
participant.
4. Optional forms
of benefit paym
