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Exhibit
10(b)
D
EFERRED C OMPENSATION A
GREEMENT
THIS AGREEMENT entered into
this the 15th day of January, 1987, by and between THE NATIONAL
BANK OF SUMMERS, a corporation organized and existing under the
laws of the UNITED STATES OF AMERICA (hereinafter referred to as
the “Corporation”), and
, an independent contractor (hereinafter referred to as
“Director”).
WHEREAS, the Director has
provided services in a capable and efficient manner, resulting in
substantial growth and progress to the Corporation; and
WHEREAS, the experience of
the Director is such that assurance of his continued services is
essential to the future growth and profits of the Corporation;
and
WHEREAS, the Corporation
desires to retain the services of the Director; and
WHEREAS, the Director is
willing to continue to provide services to the Corporation if the
Corporation will agree to pay to him or his designees certain
benefits in accordance with the provisions and conditions
hereinafter set forth; and
WHEREAS, the Corporation is
the owner of certain life insurance policies and other property on
behalf of the Director. NOW, THEREFORE, in consideration of the
agreements between the parties, the parties covenant and agree as
follows:
1. PROMISE TO PAY
Notwithstanding any other
agreements between the parties, the Corporation agrees to pay the
Director certain amounts, as hereinafter set forth, payments of
which will be deferred pursuant to the terms of this Agreement as
hereinafter set forth.
2. MATURITY DATE
The Corporation agrees that
the payments to the Director shall commence upon the first day of
the month following his sixty-fifth (65th) birthday, hereinafter
called the Maturity Date.
3. DEFERRED COMPENSATION
BENEFIT
If the Director is living on
the Maturity Date, the Director shall be entitled to receive, in
monthly installments over a period of one hundred eighty (180)
Months, an amount determined by the following table assuming all
dividends have been reinvested in the policy and the policy has
been continuously kept in full force plus the then value of all
other investments made by and owned by the Corporation on behalf of
the Director.
Example: (1st, 2nd, 3rd, etc.) 12
monthly payments shall equal (1/15, 1/14, 1/13, etc.) of the net
cash surrender value plus any dividend payable during the preceding
year divided by one minus the current marginal Federal Tax bracket
of the Corporation.
Table I
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1st
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12 |
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Months |
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- |
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1/15 |
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(See
above example) |
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2nd
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12 |
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Months |
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- |
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1/14 |
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" |
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3rd
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12 |
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Months |
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- |
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1/13 |
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" |
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4th
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12 |
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Months |
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- |
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1/12 |
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" |
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5th
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12 |
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Months |
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- |
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1/11 |
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" |
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6th
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12 |
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Months |
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- |
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1/10 |
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" |
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7th
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12 |
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Months |
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- |
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1/9 |
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" |
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8th
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12 |
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Months |
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- |
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1/8 |
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" |
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9th
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12 |
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Months |
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- |
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1/7 |
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" |
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10th
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12 |
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Months |
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- |
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1/6 |
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" |
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11th
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12 |
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Months |
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- |
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1/5 |
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" |
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12th
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12 |
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Months |
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- |
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1/4 |
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" |
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13th
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12 |
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Months |
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- |
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1/3 |
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" |
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14th
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12 |
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Months |
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- |
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1/2 |
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" |
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15th
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12 |
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Months |
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- |
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Remainder |
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“Net cash surrender
value” shall mean the cash surrender value on the maturity
date plus annual increases (cumulatively) of cash value less
amounts of cash value used for payments to the Director (or equal
to what would have been paid out of cash value if the corporation
does not actually pay by borrowing or making partial surrenders)
which would be the total payments to the Director less the tax
savings of the Corporation due to the payments being tax
deductible.
The Director shall be
entitled to a minimum monthly payment of $
beginning at the maturity date.
EXAMPLE OF 3 .
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Dividend paid during preceding policy year $8,000.
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Maturity Date cash surrender value $97,500.
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($97,500)
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First monthly payment = (15) + ($8,000) divided by 12 =
$1,
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