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AMENDMENT
TO
EMPLOYMENT AGREEMENT
BY AND BETWEEN
FRANKLIN SAVINGS AND LOAN COMPANY
AND
THOMAS H. SIEMERS
This
Amendment (this “Amendment”) to the Employment
Agreement (“Agreement”) by and between Franklin Savings
and Loan Company (“Employer”) and Thomas H. Siemers
(“Employee”), effective as of October 23, 2000, is
effective as of the 30th day of December, 2008.
WHEREAS,
the Employer and the Employee previously entered into the Agreement
with a term ending on July 1, 2011, as extended by the
Employer pursuant to an Employment Agreement Extension effective
March 31, 2008; and
WHEREAS,
the Employer and the Employee desire to amend the Agreement to
comply with the requirements of Section 409A of the Internal
Revenue Code of 1986, as amended, effective as of the date first
set forth above.
NOW,
THEREFORE, in consideration of the foregoing and for other good and
valuable consideration, the receipt and sufficiency of which are
hereby acknowledged, the Employer and the Employee hereby agree as
follows:
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1.
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Section 3(d)(i) of the
Agreement is hereby deleted in its entirety and replaced with the
following:
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(i) In
the event of the disability (as hereinafter defined) of the
Employee, this Agreement shall terminate, in which event the
Employee shall thereafter be entitled to receive a monthly
disability benefit equal to seventy-five percent (75%) of his
monthly salary at the time he became disabled. Payment of such
disability benefit shall continue for twelve (12) consecutive
months, after which the monthly benefit shall be reduced to fifty
percent (50%) of the Employee’s monthly salary at the time he
became disabled. The payment of disability benefits under this
Section 3(d) shall cease upon the earlier of (A) the death of
the Employee, and (B) the end of the Employment Term. Any
amounts payable under this Section 3(d) shall be reduced by any
amounts paid to the Employee under any other disability program
maintained by the Employer.
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2.
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Section 3(d)(iii) of the
Agreement is hereby deleted in its entirety and replaced with the
following:
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4
(iii) As
used in this Agreement, the term “disability” shall
mean the Employee 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 can
be expected to last for a continuous period of not less than twelve
(12) months; (B) by reason of any medically determinable
physical or mental impairment that can be expected to result in
death or can be expected to last for a continuous period of not
less than twelve (12) months, receiving income replacement
benefits for a period of not less than three (3) months under
an accident or health plan covering employees of the Employer; or
(C) determined to be totally disabled by the Social Security
Administration or the Railroad Retirement Board.
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3.
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Section 3(f) of the Agreement
is hereby amended by the adding the following to the end
thereof:
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Any payment
or reimbursement pursuant to this Section 3(f) shall made by no
later than the fifteenth day of the third month of the taxable year
following the taxable year of the Employee in which the expense
being paid or reimbursed was incurred.
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4.
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Section 4(a)(i) of the
Agreement is hereby deleted in its entirety and replaced with the
following:
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(i) The
Employer shall promptly, but in no event later than sixty
(60) days following the Employee’s termination, pay to
the Employee or to his beneficiaries, dependents or estate an
amount equal to three times the Employee’s “average
annual compensation” as such term is defined in
Section&n
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