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AMENDMENT TO EMPLOYMENT AGREEMENT BY AND BETWEEN FRANKLIN SAVINGS AND LOAN COMPANY AND THOMAS H. SIEMERS

Employment Agreement Amendment

AMENDMENT TO EMPLOYMENT AGREEMENT BY AND BETWEEN FRANKLIN SAVINGS AND LOAN COMPANY AND THOMAS H. SIEMERS | Document Parties: FIRST FRANKLIN CORP | FRANKLIN SAVINGS AND LOAN COMPANY You are currently viewing:
This Employment Agreement Amendment involves

FIRST FRANKLIN CORP | FRANKLIN SAVINGS AND LOAN COMPANY

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Title: AMENDMENT TO EMPLOYMENT AGREEMENT BY AND BETWEEN FRANKLIN SAVINGS AND LOAN COMPANY AND THOMAS H. SIEMERS
Date: 3/30/2009
Industry: SandLs/Savings Banks     Sector: Financial

AMENDMENT TO EMPLOYMENT AGREEMENT BY AND BETWEEN FRANKLIN SAVINGS AND LOAN COMPANY AND THOMAS H. SIEMERS, Parties: first franklin corp , franklin savings and loan company
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Exhibit 10(f)

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.

RECITALS

     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.

AMENDMENT

     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:

1.

 

Section 3(d)(i) of the Agreement is hereby deleted in its entirety and replaced with the following:

(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.

2.

 

Section 3(d)(iii) of the Agreement is hereby deleted in its entirety and replaced with the following:

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(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.

3.

 

Section 3(f) of the Agreement is hereby amended by the adding the following to the end thereof:

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.

4.

 

Section 4(a)(i) of the Agreement is hereby deleted in its entirety and replaced with the following:

(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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