Exhibit
10.12(a)
FIRST AMENDMENT
TO THE RESTATED SKYWEST, INC.
2002 DEFERRED COMPENSATION PLAN
This
First Amendment to the Restated SkyWest, Inc. 2002 Deferred
Compensation Plan (the " Plan ") is adopted effective as of
December 31, 2008 by SkyWest, Inc., a Utah corporation
(the " Company ") as sponsor of the Plan.
WHEREAS,
the Company maintains the Plan for the benefit of its eligible
employees and the eligible employees of SkyWest
Airlines, Inc.; and
WHEREAS,
the Plan was amended and restated in 2007 effective January 1,
2008; and
WHEREAS,
the Company desires to further amend the Plan to clarify the
ability of the Company to make Company contributions in differing
amounts and rates for individual Plan participants; and
WHEREAS,
the Company desires to amend the Plan to expand the list of
officers who are authorized to execute amendments to the
Plan.
NOW,
THEREFORE, the Plan is hereby amended as follows:
1. The
text of Section 5.1 of the Plan is hereby deleted in its
entirety and is replaced with the following:
" Discretionary
Company Contributions . The Participating Employer may, from
time to time in its sole and absolute discretion, credit Company
Contributions to any Participant in any amount determined by the
Participating Employer. Such contributions will be credited to a
Participant's Retirement/Termination Account. For any Plan Year,
the amount and rate of such Company Contribution, as a percentage
of a Participant's Compensation, credited to any Participant may
vary from Participant to Participant in the sole discretion of the
Participating Employer."
2. The
text of Section&
