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THE FEDERAL
HOME LOAN BANK
NONQUALIFIED
DEFERRED COMPENSATION PLAN
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ARTICLE
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PAGE
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2
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4
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III ELECTION TO DEFER PAYMENT OF COMPENSATION
AND PAYMENT OF DEFERRED COMPENSATION
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IV SOURCE AND
METHOD OF PAYMENT
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7
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V DESIGNATION
OF BENEFICIARIES
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8
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VI
ADMINISTRATION OF PLAN
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9
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VII AMENDMENT
AND TERMINATION
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11
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12
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THE FEDERAL
HOME LOAN BANK OF NEW YORK
NONQUALIFIED DEFERRED COMPENSATION PLAN
This Plan
is adopted by the Federal Home Loan Bank of New York (the
“Bank”) in order to provide benefits to directors and
certain management or highly compensated employees of the Bank
through the ability to defer the receipt of compensation from the
Bank. This Plan is unfunded, and all benefits payable under the
Plan shall be paid solely out of the general assets of the
Bank.
1
When used
in the Plan, the following terms shall have the following
meanings:
1.01
“ Bank ” means the Federal Home Loan Bank of New
York and each subsidiary or affiliated company thereof which
participate in the Plan.
1.02
“ Board of Directors ” or “ Board
” means the Board of Directors of the Bank.
1.03
“ Business Day ” means and refers to a day on
which commercial banks are open for business in the State of New
York.
1.04
“ Compensation ” means and includes any salary
or other compensation payable by the Bank to a Member other than
Nonqualified Deferred Compensation.
1.05
“ Compensation Deferral Account ” means and
refers to the account maintained for each Member pursuant to
Section 3.02.
1.06
“ Compensation Deferral Election Date ” means
the last Business Day in the calendar year 2008 and any calendar
year thereafter during which the Plan is in effect.
1.07
“ Effective Date ” means January 1,
2009.
1.08
“ Director ” means and includes any person who
has been elected or appointed and is serving on the Board of
Directors as a Director of the Bank.
1.09
“ IRC ” means the Internal Revenue Code of 1986,
as amended from time to time, or any successor thereto.
1.10
“ Member ” means any person included in the
membership of the Plan as provided in Article 2.
2
1.11
“ Nonqualified Deferred Compensation ” shall
have the same meaning as it has in IRC Section 409A and the
Regulations promulgated thereunder.
1.12
“ Officer ” means and includes any employee of
the Bank elected or appointed by the Board of Directors to hold an
office of the rank of Assistant Vice President or above and is
serving in such office.
1.13
“ Plan ” means the Federal Home Loan Bank of New
York Nonqualified Deferred Compensation Plan, as set forth herein
and as amended from time to time.
1.14
“ Plan Administrator ” means the Director of
Human Resources of the Bank.
1.15
“ Separation from Service ” has the meaning set
forth in Section 1.409A-1(h) of the Regulations promulgated
under IRC Section 409A.
3
2.01 Each
Director of the Bank shall be eligible to become a Member of the
Plan on the later of (i) the date on which he shall have been
elected or appointed as a Director of the Bank and (ii) the
Effective Date.
2.02 Each
employee of the Bank who is an Officer of the Bank shall be
eligible to become a Member of the Plan on the later of
(i) the date on which he shall have been elected or appointed
by the Board of Directors as an Officer of the Bank and
(ii) the Effective Date.
2.03 The
membership of any Director or Officer shall terminate on the later
of (i) the date on which he shall cease to be serving as a
Director or Officer of the Bank and (ii) the termination of
the Plan. The termination of membership in the Plan shall not, by
itself, affect the rights of the Member by reason of any election
made by the Member as provided in Section 3.01 prior to the
termination of membership of such Member.
4
Article III.
Election to Defer Payment of Compensation and
Payment of
Deferred Compensation
3.01 On or
before the Compensation Deferral Election Date in the calendar year
next preceding the calendar year 2009 and each calendar year
thereafter, each Member of the Plan shall be entitled to elect to
defer the payment by the Bank and receipt by such Member of
Compensation which otherwise would be payable to such Member for
services performed by such Member for the Bank during the calendar
year next following the calendar year in which such Compensation
Deferral Election Date occurs to such date or dates and in such
form of payment as such Member shall designate and elect on a form
provided by the Plan Administrator. Such election shall be deemed
to have been timely made and shall be effective when such election
form shall have been signed by the Member and shall have been
received by the Plan Administrator or such person as shall be
designated by the Plan Administrator for such purpose, provided
such receipt shall occur on or before the close of business of the
Bank on the last Business Day of the calendar year next preceding
the calendar year in which such services are to be performed by the
Member and to which such election relates.
3.02
Compensation deferred by a Member of the Plan for any calendar year
pursuant to a timely election made as provided in Section 3.01
shall be credited on the books and records of the Bank to a
Compensation Deferral Account for such Member as soon as
practicable following the date on which such Compensation would
have been paid to such Member but for the election made by such
Member pursuant to Section 3.01 to defer the payment and
receipt of such Compensation. If such Member shall have elected,
with respect to one or more calendar years for which the payment
and receipt of Compensation is deferred, a date or dates or form of
payment different from the date or dates or form of payment elected
by the Member with respect to Compensation deferred with respect to
other calendar years, separate subaccounts of the Compensation
Deferral Account shall be maintained for such Member with respect
to Compensation deferred from calendar years for which different
dates or forms of payment have been elected by such
Member.
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3.03 The
balance credited to the Compensation Deferral Account of a Member
shall be paid to such Member at such date or dates or in such form
as the Member shall have made a timely election in writing pursuant
to Section 3.01; provided, that no part of such balance
credited to the Compensation Deferral Account of a Member shall be
payable earlier than the earliest of (i) the Member’s
Separation from Service with the Bank, (ii) the date of the
Member’s death, or (iii) the date the Member becomes
disabled within the meaning of IRC Section 409A(a)(2)(c), and
that the time or schedule of payments of the balance credited to
the Compensation Deferral Account of a Member shall not be
accelerated, except as provided in Regulations promulgated pursuant
to IRC Section 409A, nor shall any payment of benefits under the
Plan be deferred to a date other than the date fixed for such
payment in such timely election; provided, that a Member may, by a
subsequent election, as defined in Section 1.409A-2(b)(1) of
the Regulations promulgated pursuant to IRC Section 409A,
delay the time or change the form of a payment of all or any part
of the balance credited to the Member’s thrift benefit
account if, and only if, such subsequent election meets all of the
following requirements: (i) such election shall not be made
less than twelve (12) months prior to the date of the first
scheduled payment of the balance credited to the Member’s
thrift benefit account; (ii) such election shall not take
effect un
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