Omnibus Benefit Restoration Plan
of
Sonoco Products Company
Amended and Restated as of
January 1, 2008
|
|
|
|
|
|
|
|
|
|
1
|
|
1.1 Background and History
|
|
|
1
|
|
|
|
|
|
1
|
|
1.3 Purpose and Applicability of the
Plan
|
|
|
1
|
|
|
|
|
|
|
|
|
|
|
|
2
|
|
|
|
|
|
2
|
|
|
|
|
|
2
|
|
|
|
|
|
2
|
|
|
|
|
|
3
|
|
|
|
|
|
3
|
|
|
|
|
|
3
|
|
|
|
|
|
3
|
|
|
|
|
|
3
|
|
2.9 DB Restoration Benefit
|
|
|
4
|
|
2.10 DC Restoration Account
|
|
|
4
|
|
|
|
|
|
4
|
|
|
|
|
|
4
|
|
2.13 Eligible Compensation
|
|
|
4
|
|
|
|
|
|
5
|
|
|
|
|
|
5
|
|
|
|
|
|
5
|
|
|
|
|
|
5
|
|
|
|
|
|
6
|
|
2.19 Five-Year Certain and Life
Annuity
|
|
|
6
|
|
|
|
|
|
6
|
|
2.21 Gross Executive Restoration
Benefit
|
|
|
6
|
|
2.22 Gross Executive SERP Benefit
|
|
|
6
|
|
|
|
|
|
6
|
|
2.24 Joint and 50 Percent Survivor
Annuity
|
|
|
6
|
|
2.25 Joint and 75 Percent Survivor
Annuity
|
|
|
7
|
|
2.26 Joint and 100 Percent Survivor
Annuity
|
|
|
7
|
|
|
|
|
|
7
|
|
2.28 Level Income Annuity
|
|
|
7
|
|
|
|
|
|
7
|
|
2.30 Net Executive Restoration
Benefit
|
|
|
8
|
|
2.31 Net Executive SERP Benefit
|
|
|
8
|
|
2.32 Normal Retirement Date
|
|
|
8
|
|
Sonoco Omnibus Benefit Restoration
Plan
October 2, 2008
i
|
|
|
|
|
|
|
|
|
|
8
|
|
2.34 Participation Agreement
|
|
|
8
|
|
|
|
|
|
8
|
|
|
|
|
|
8
|
|
2.37 Qualified Pension Plan
|
|
|
8
|
|
2.38 Restricted Stock Units
|
|
|
9
|
|
2.39 Separation from Service
|
|
|
9
|
|
|
|
|
|
9
|
|
2.41 Social Security Benefit
|
|
|
9
|
|
|
|
|
|
10
|
|
2.43 Target Date Retirement Fund
|
|
|
10
|
|
2.44 Ten-Year Certain and Life
Annuity
|
|
|
10
|
|
|
|
|
|
10
|
|
2.46 Years of Benefit Service
|
|
|
10
|
|
2.47 Years of Vesting Service
|
|
|
10
|
|
|
|
|
|
|
|
Article 3. Executive
Benefit
|
|
|
12
|
|
3.1 Eligibility and Participation
|
|
|
12
|
|
3.2 Normal Retirement Benefits
|
|
|
12
|
|
3.3 Early Retirement Benefits
|
|
|
13
|
|
3.4 Deferred Vested Retirement
Benefits
|
|
|
14
|
|
3.5 Net Executive Restoration Benefit
|
|
|
16
|
|
|
|
|
|
18
|
|
3.7 Preretirement Death Benefits
|
|
|
22
|
|
|
|
|
|
|
|
Article 4. DB Restoration
Benefit
|
|
|
26
|
|
4.1 Eligibility and Participation
|
|
|
26
|
|
4.2 Normal Retirement Benefit
|
|
|
26
|
|
4.3 Early Retirement Benefits
|
|
|
27
|
|
4.4 Deferred Vested Retirement
Benefits
|
|
|
28
|
|
|
|
|
|
29
|
|
4.6 Preretirement Death Benefits
|
|
|
30
|
|
|
|
|
|
|
|
Article 5. DC Restoration
Account
|
|
|
32
|
|
5.1 Eligibility and Participation
|
|
|
32
|
|
|
|
|
|
32
|
|
5.3 Investment Gains and Losses.
|
|
|
33
|
|
|
|
|
|
35
|
|
5.5 Distributions Following a Separation from
Service
|
|
|
35
|
|
5.6 Distributions upon the Participant’s
Death
|
|
|
36
|
|
|
|
|
|
|
|
Article 6. DC SERP Benefit
|
|
|
37
|
|
6.1 Eligibility and Participation
|
|
|
37
|
|
Sonoco Omnibus Benefit Restoration
Plan
October 2, 2008
ii
|
|
|
|
|
|
|
|
|
|
37
|
|
6.3 Investment Gains and Losses.
|
|
|
38
|
|
|
|
|
|
38
|
|
6.5 Distributions Following a Separation from
Service
|
|
|
39
|
|
6.6 Distributions Upon the Participant’s
Death
|
|
|
40
|
|
|
|
|
|
|
|
Article 7. Participation
Agreements
|
|
|
42
|
|
7.1 Social Security Bridge Benefit
|
|
|
42
|
|
7.2 Qualified Pension Plan
Enhancement.
|
|
|
43
|
|
|
|
|
|
|
|
Article 8. Financing and
Administration
|
|
|
47
|
|
|
|
|
|
47
|
|
|
|
|
|
47
|
|
|
|
|
|
47
|
|
8.4 Committee’s Powers and
Duties
|
|
|
48
|
|
8.5 Delegation of Powers and Duties
|
|
|
49
|
|
8.6 Committee’s Decisions
Conclusive
|
|
|
49
|
|
8.7 Compensation, Indemnity and
Liability
|
|
|
49
|
|
|
|
|
|
49
|
|
|
|
|
|
50
|
|
8.10 Benefit Claims Procedures
|
|
|
50
|
|
|
|
|
|
|
|
Article 9. Amendment and
Termination
|
|
|
52
|
|
|
|
|
|
52
|
|
9.2 Termination and Liquidation of
Plan
|
|
|
52
|
|
|
|
|
|
52
|
|
9.4 Prohibition on Changes Due to Code
Section 409A
|
|
|
53
|
|
9.5 Employer Participation and
Termination
|
|
|
53
|
|
|
|
|
|
|
|
Article 10. Miscellaneous
Provisions
|
|
|
54
|
|
|
|
|
|
54
|
|
10.2 Withholding on Distributions
|
|
|
54
|
|
|
|
|
|
54
|
|
10.4 Permissible Delays or
Accelerations
|
|
|
55
|
|
10.5 No Enlargement of Employment
Rights
|
|
|
55
|
|
|
|
|
|
56
|
|
10.7 Code Section 409A Aggregation
Rules
|
|
|
56
|
|
10.8 No Examination or Accounting
|
|
|
56
|
|
|
|
|
|
56
|
|
|
|
|
|
57
|
|
10.11 Service of Legal Process
|
|
|
57
|
|
10.12 Qualified Military Service
|
|
|
57
|
|
|
|
|
|
57
|
|
Sonoco Omnibus Benefit Restoration
Plan
October 2, 2008
iii
1.1
Background and History
Sonoco Products
Company (the “Company”) previously established and
presently maintains the Omnibus Benefit Restoration Plan of Sonoco
Products Company (the “Plan”). The Plan was initially
effective as of January 1, 1979 and was last amended and
restated effective as of January 1, 1994.
Effective as of
January 1, 2008, the Company hereby amends and restates the
Plan to—
|
(a)
|
|
add
an installment payment option with respect to a portion of the
Executive Benefit;
|
|
|
|
|
|
(b)
|
|
add
a new supplemental retirement benefit for employees who are
appointed as officers on and after January 1, 2008;
and
|
|
|
|
|
|
(c)
|
|
bring the Plan into compliance with
Code section 409A.
|
1.3 Purpose
and Applicability of the Plan
The purpose of
this Plan is to—
|
(a)
|
|
Provide certain eligible employees
with supplemental retirement income; and
|
|
|
|
|
|
(b)
|
|
Restore to certain eligible
employees benefits that may be lost or curtailed under the
Company’s broad-based qualified retirement plans as a result
of limits imposed on such benefits under the Internal Revenue
Code.
|
The Plan is
intended to be a nonqualified deferred compensation arrangement for
eligible employees who are members of a “select group of
management or highly compensated employees” within the
meaning of ERISA section 201(2). The Plan, therefore, is intended
to be exempt from the participation, funding, and fiduciary
requirements of Title I of ERISA.
The provisions
of this Plan are generally applicable only to eligible employees
who are employed by the Company or an Affiliate on and after
January 1, 2008. Unless otherwise provided in a retroactively
effective provision of this restatement, any person who was covered
by the Plan as in effect before January 1, 2008, and who had a
Separation from Service before that date, shall continue to be
covered by the provisions of this Plan as in effect upon his or her
Separation from Service.
Sonoco Omnibus Benefit Restoration
Plan
October 2, 2008
1
Whenever used
in the Plan, the following terms shall have the meanings set forth
below, unless otherwise expressly provided; and when the defined
meaning is intended, the term is capitalized.
“Actuarial Equivalent” means the
following:
|
(a)
|
|
General Rule.
Actuarial Equivalent
means a benefit having the same value as the benefit which it
replaces, computed on the basis of—
|
|
|
(1)
|
|
the
1984 Unisex Pension Mortality Table, with no age setback for
Participants and a three-year age setback for beneficiaries;
and
|
|
|
|
|
|
|
|
(2)
|
|
interest at 9 percent
compounded annually.
|
|
(b)
|
|
Lump Sum Payments.
Notwithstanding section
2.1(a), the value of a lump sum payment calculated under section
10.3(a)(1) and 10.3(b) shall be computed on the basis
of—
|
|
|
(1)
|
|
the
mortality table specified in section 2.1(a)(1); and
|
|
|
|
|
|
|
|
(2)
|
|
an
interest rate equal to the discount rate used to compute FAS-87
costs under the Qualified Pension Plan for the Plan Year
immediately preceding the Plan Year in which the distribution
occurs, as stated each year in the Company’s annual report to
shareholders.
|
|
(a)
|
|
any
corporation while it is a member of the same controlled group of
corporations (within the meaning Code section 414(b) as the
Company); and
|
|
|
|
|
|
(b)
|
|
any
other trade or business (whether or not incorporated) while it is
under common control with the Company (within the meaning of Code
section 414(c)).
|
“Beneficiary” means the person or
persons designated by the Participant to receive any benefits that
become payable under this Plan on account of the
Participant’s death under:
|
(a)
|
|
Section 3.6(a), regarding
survivor payments that may become due if the Participant elected to
receive his or her Net Executive Restoration Benefit in one of the
optional forms of payment described therein;
|
Sonoco Omnibus Benefit Restoration
Plan
October 2, 2008
2
|
(b)
|
|
Section 3.6(b), regarding
survivor payments that may become due if the Participant’s
Net Executive SERP Benefit was being distributed in the form of a
Ten-Year Certain and Life Annuity or three annual installments at
the time of his or her death)
|
|
|
|
|
|
(c)
|
|
Section 4.5(b), regarding
survivor payments that may become due if the Participant elects to
receive his or her DB Restoration Benefit in one of the optional
forms of payment described therein;
|
|
|
|
|
|
(d)
|
|
Section 5.6, regarding the
vested portion of a Participant’s DC Restoration Account that
remains unpaid at the time of the Participant’s death;
or
|
|
|
|
|
|
(e)
|
|
Section 6.6, regarding the
vested portion of a Participant’s DC SERP Benefit that
remains unpaid at the time of the Participant’s death;
and
|
|
|
|
|
|
(f)
|
|
Section 7.2(d), regarding
survivor payments that may become due with respect to a Qualified
Pension Plan enhancement payable under an individual Participation
Agreement (depending on the form of payment in effect under such
section).
|
A
Participant’s Beneficiary shall be the person or persons
designated by the Participant to receive the benefits described in
subsection (a) through (f) above. This designation shall
be made at a time and in a manner prescribed by the Committee. If
the Participant fails to designate a Beneficiary, or if the person
named by the Participant as his or her Beneficiary is not living as
of the date that a benefit becomes payable, the Participant’s
Beneficiary shall be the Participant’s surviving spouse; or
if there is no surviving spouse, the Participant’s
estate.
(With respect
to the preretirement death benefits that may become payable under
section 3.7 or 4.6, the only permissible Beneficiary under this
Plan is the Participant’s surviving spouse.)
“Board” means the Board of Directors
of the Company.
“Code” means the Internal Revenue
Code of 1986, as amended, or as it may be amended from time to
time. A reference to a section of the Code shall also be deemed to
refer to the regulations under that section.
“Committee” means the Benefits
Committee which shall have primary responsibility for administering
the Plan under Article 8.
“Company” means Sonoco Products
Company or any successor thereto that agrees to adopt and continue
this Plan.
“Company
Stock” means the Company’s no par value common
stock.
Sonoco Omnibus Benefit Restoration
Plan
October 2, 2008
3
2.9 DB
Restoration Benefit
“DB
Restoration Benefit” means the benefit that is intended to
provide benefits that would have been provided under the Qualified
Pension Plan without regard to the limits in effect under Code
sections 401(a)(17) and 415, as determined under
Article 4.
2.10 DC
Restoration Account
“DC
Restoration Account” means the bookkeeping account maintained
by the Company which represents the total benefits accumulated by a
Participant under Article 5. A Participant’s DC
Restoration Account shall be comprised of the following
subaccounts:
|
(a)
|
|
401(k) Plan Restoration
Account means
the portion of the Participant’s DC Restoration Account that
evidences the value of benefits accumulated by the Participant
under section 5.2(a), including any gains and losses attributable
to such benefits, as determined under section 5.3(a).
|
|
|
|
|
|
(b)
|
|
Investment Plan Restoration
Account means
the portion of the Participant’s DC Restoration Account that
evidences the value of benefits accumulated by the Participant
under section 5.2(b), including any gains and losses attributable
to such benefits, as determined under section 5.3(b).
|
“DC SERP
Account” means the bookkeeping account maintained by the
Company that evidences the portion of an eligible
Participant’s DC SERP Benefit that is determined under
section 6.2(a)(1), including the investment gains that are
allocated to such account under section 6.3(a).
“DC SERP
Benefit” means the benefit determined under Article 6,
comprised of both a Participant’s DC SERP Account and a
Participant’s Restricted Stock Units.
2.13
Eligible Compensation
“Eligible
Compensation” means the compensation used to determine the
amount of a Participant’s benefits under Article 3
(regarding the Executive Benefit), Article 5 (regarding the DC
Restoration Account) and Article 6 (regarding the DC SERP
Benefit).
|
(a)
|
|
General Rule.
Except as otherwise
provided in subsections (b) and (c) below,
“Eligible Compensation” means the sum of the total base
salary received by the Participant for the Plan Year and any annual
bonus earned by the Participant for the Plan Year (even if such
bonus is actually paid in a subsequent year).
|
|
|
|
|
|
(b)
|
|
DC Restoration Account.
For the purpose of
determining amounts to be credited to a Participant’s DC
Restoration Account under Article 5 for a Plan Year,
“Eligible Compensation” means the Participant’s
compensation that is used in calculating contributions under the
401(k) Plan and Investment Plan for the same Plan Year,
but
|
Sonoco Omnibus Benefit Restoration
Plan
October 2, 2008
4
|
|
|
determined without regard to the
limit imposed on such compensation by Code section
401(a)(17).
|
|
|
|
|
|
(c)
|
|
Special Rule for Last Year of
Employment. When calculating Final Average Pay
under section 2.18 for a Participant who incurs a Separation from
Service before the last day of the Plan Year, Eligible Compensation
for this final partial Plan Year of employment shall equal the sum
of—
|
|
|
(1)
|
|
the
base salary actually paid to the Participant for such Plan Year for
employment before his or her Separation from Service;
|
|
|
|
|
|
|
|
(2)
|
|
the
additional base salary the Participant would have received had he
or she remained in active employment for the period beginning on
the date of his or her Separation from Service and ending on the
next following December 31 (at the same rate of base salary as
in effect immediately prior to such Separation from Service);
and
|
|
|
|
|
|
|
|
(3)
|
|
the
annual bonus actually earned by Participant for such Plan Year for
employment before his or her Separation from Service (even if such
bonus is actually paid in a subsequent year). However, if such
annual bonus has not been determined as of the Participant’s
benefit commencement date, the annual bonus that will be treated as
part of the Participant’s Eligible Compensation for his or
her last partial Plan Year of employment shall equal the
Participant’s target bonus percentage for such year
multiplied by the base salary actually paid to the Participant for
such year for employment before his or her Separation from
Service.
|
“Employee” means any person who is
employed by the Company or an Affiliate, other than a person who is
retained as an independent contractor, a leased employee (as
determined under the Company’s or an Affiliate’s
customary worker classification procedures), or a non-employee
member of the Board.
“Employer” means the Company and
each Affiliate that has been designated as an Employer under this
Plan in accordance with section 9.5.
“ERISA” means the Employee
Retirement Income Security Act of 1974, as amended, or as it may be
amended from time to time. A reference to a particular section of
ERISA shall also be deemed to refer to the regulations under that
section.
“Executive Benefit” means the
benefit determined under Article 3, comprised of both a
Participant’s Net Executive Restoration Benefit and Net
Executive SERP Benefit.
Sonoco Omnibus Benefit Restoration
Plan
October 2, 2008
5
“Final
Average Pay” is used to determine an eligible
Participant’s Gross Executive SERP Benefit under section
2.22. “Final Average Pay” means the monthly average of
the Eligible Compensation earned by the Participant for any three
Plan Years of employment (regardless of whether such years are
consecutive), selected from the last seven full Plan Years of
employment (and the final partial Plan Year of employment for a
Participant whose Separation from Service occurs on a date other
than December 31), that produces the highest average. If a
Participant has fewer than three complete Plan Years of Eligible
Compensation after annualizing the final year in accordance with
section 2.13(c), Final Average Pay shall be determined by averaging
all Eligible Compensation received by the Participant over his or
her whole and partial years of employment with the Company and its
Affiliates.
2.19
Five-Year Certain and Life Annuity
“Five-Year Certain and Life Annuity”
means a monthly retirement benefit payable to the Participant for
life, and if the Participant dies before receiving 60 monthly
payments, such payments shall continue to the Beneficiary until a
total of 60 payments have been made.
“401(k)
Plan” means the tax-qualified Sonoco Savings Plan, as amended
from time to time.
2.21 Gross
Executive Restoration Benefit
“Gross
Executive Restoration Benefit” is used in the calculation of
the Net Executive Restoration Benefit and shall be determined in
accordance with section 3.5(b).
2.22 Gross
Executive SERP Benefit
“Gross
Executive SERP Benefit” is used in the calculation of the
Executive Benefit under Article 3. An eligible
Participant’s Gross Executive SERP Benefit is expressed as a
Joint and 75 Percent Survivor Annuity commencing on the
Participant’s Normal Retirement Date and shall equal the
product of (a) and (b) where—
|
(a)
|
|
is
4 percent of the Participant’s Final Average Pay
multiplied by his or her Years of Benefit Service (but not to
exceed 15 years); and
|
|
|
|
|
|
(b)
|
|
is
a fraction having a numerator equal to the Participant’s
Years of Benefit Service and a denominator equal to the Years of
Benefit Service the Participant would have earned had he or she
continued in the employment of an Employer through his or her
Normal Retirement Date.
|
“Investment Plan” means the
tax-qualified Sonoco Investment and Retirement Plan, as amended
from time to time.
2.24 Joint
and 50 Percent Survivor Annuity
“Joint
and 50 Percent Survivor Annuity” means a monthly retirement
benefit payable for the lifetime of the Participant with a monthly
survivor annuity for the lifetime of the
Participant’s
Sonoco Omnibus Benefit Restoration
Plan
October 2, 2008
6
Beneficiary
equal to 50 percent of the monthly amount payable during the
joint lives of the Participant and such Beneficiary.
2.25 Joint
and 75 Percent Survivor Annuity
“Joint
and 75 Percent Survivor Annuity” means a monthly retirement
benefit payable for the lifetime of the Participant with a monthly
survivor annuity for the lifetime of the Participant’s
Beneficiary equal to 75 percent of the monthly amount payable
during the joint lives of the Participant and such
Beneficiary.
2.26 Joint
and 100 Percent Survivor Annuity
“Joint
and 100 Percent Survivor Annuity” means a monthly retirement
benefit payable for the lifetime of the Participant with a monthly
survivor annuity for the lifetime of the Participant’s
Beneficiary equal to 100 percent of the monthly amount payable
during the joint lives of the Participant and such
Beneficiary.
“Key
Employee” means generally a Participant who is
either:
|
(a)
|
|
one
of the top-paid 50 officers of the Company or an Affiliate who has
annual compensation in excess of $130,000 (as indexed from time to
time in accordance with Code section 416(i)(1));
|
|
|
|
|
|
(b)
|
|
a
5-percent owner of the Company or an Affiliate; or
|
|
|
|
|
|
(c)
|
|
a
1-percent owner of the Company or an Affiliate who has annual
compensation in excess of $150,000.
|
A Participant
who meets one or more of the conditions described in subsection
(a), (b), or (c) at any time during a Plan Year shall be
subject to the distribution restrictions that apply to Key
Employees under this Plan during the 12-month period that begins on
the April 1 next following the last day of such Plan
Year.
(For purposes
of this section 2.27, “compensation” means an amount
determined in accordance with Code section 415(c)(3).)
2.28 Level
Income Annuity
“Level
Income Annuity” means a single life annuity that pays an
increased monthly benefit until the date on which the Participant
reaches age 62 or age 65 (as elected by the Participant), and a
reduced monthly benefit upon reaching such age, such that the total
benefits under both this Plan and the Social Security Act are as
level as possible throughout the period beginning on the
Participant’s benefit commencement date and ending on the
date of his death.
“Military
Leave” means leave subject to reemployment rights under the
Uniformed Services Employment and Reemployment Rights Act of 1994,
as amended from time to time.
Sonoco Omnibus Benefit Restoration
Plan
October 2, 2008
7
2.30 Net
Executive Restoration Benefit
“Net
Executive Restoration Benefit” means the portion of the
Participant’s Executive Benefit determined under section
3.2(b)(1), 3.3(b)(1), or 3.4(b)(1), whichever applies to the
Participant as of his or her Separation from Service.
2.31 Net
Executive SERP Benefit
“Net
Executive SERP Benefit” means the portion of the
Participant’s Executive Benefit determined under section
3.2(b)(2), 3.3(b)(2), or 3.4(b)(2), whichever applies to the
Participant as of his or her Separation from Service.
2.32 Normal
Retirement Date
“Normal
Retirement Date” means the first day of the month next
following the date on which the Participant attains age 65 (or
incurs a Separation from Service, if later).
“Participant” means an Employee who
has met and continues to meet the eligibility requirements
described in—
|
(a)
|
|
section 3.1 (related to the
Executive Benefit);
|
|
|
|
|
|
(b)
|
|
section 4.1 (related to the DB
Restoration Benefit);
|
|
|
|
|
|
(c)
|
|
section 5.1 (related to the DC
Restoration Account);
|
|
|
|
|
|
(d)
|
|
section 6.1 (related to the DC SERP
Benefit); and/or
|
|
|
|
|
|
(e)
|
|
section 7.1 (related to individual
Participation Agreements).
|
2.34
Participation Agreement
“Participation Agreement” means an
agreement individually negotiated between the Employer and an
Employee to provide certain benefits after retirement. Any such
Participation Agreement shall form an integral part of this Plan
and shall be subject to the provisions of
Article 7.
“Plan” means this Omnibus Benefit
Restoration Plan of Sonoco Products Company, as amended from time
to time.
“Plan
Year” means the 12-month period beginning on January 1 and
ending on December 31.
2.37
Qualified Pension Plan
“Qualified Pension Plan” means the
tax-qualified Sonoco Pension Plan, as amended from time to
time.
Sonoco Omnibus Benefit Restoration
Plan
October 2, 2008
8
2.38
Restricted Stock Units
“Restricted Stock Units” means the
portion of the DC SERP Benefit that is valued by reference to a
share of Stock and the accumulated valued of dividend equivalents
determined under sections 6.2(a)(2) and 6.3(b).
2.39
Separation from Service
“Separation from Service” means an
Employee’s termination from employment with the Company and
all Affiliates, whether by retirement, resignation from or
discharge by the Company or an Affiliate (but not by a transfer
among Affiliates or death).
|
(a)
|
|
A
Separation from Service shall be deemed to have occurred as of the
date the Employee and the Company or any Affiliate reasonably
anticipates, based on the facts and circumstances, that
either:
|
|
|
(1)
|
|
The
Employee will not provide any additional services for the Company
or an Affiliate after that date; or
|
|
|
|
|
|
|
|
(2)
|
|
The
level of bona fide services performed by the Employee after that
date will permanently decrease to no more than 20 percent of
the average level of bona fide services performed by the Employee
over the immediately preceding 36 months.
|
|
(b)
|
|
If
an Employee is absent from employment due to Military Leave, sick
leave, or any other bona fide leave of absence authorized by the
Company or an Affiliate, and there is a reasonable expectation that
the Employee will return to perform services for the Company or an
Affiliate, then a Separation from Service shall not occur until the
later of:
|
|
|
(1)
|
|
The
first date immediately following the date that is six months after
the first date that an Employee was absent from employment;
and
|
|
|
|
|
|
|
|
(2)
|
|
To
the extent the Employee retains a right to reemployment with the
Company or any Affiliates under an applicable statute or by
contract, the date the Employee no longer retains a right to
reemployment.
|
“Single
Life Annuity” means a monthly retirement benefit payable for
the lifetime of the Participant, with no continuing payments
following the Participant’s death.
2.41 Social
Security Benefit
“Social
Security Benefit” is used in the calculation of the Net
Executive SERP Benefit under sections 3.2(b)(2), 3.3(b)(2), and
3.4(b)(2). “Social Security Benefit” means the
estimated monthly benefit that the Participant would be entitled to
receive under the Social Security Act commencing at age 62 (or, if
later, the date of the Participant’s Separation from
Service). This estimate shall be based on—
Sonoco Omnibus Benefit Restoration
Plan
October 2, 2008
9
|
(a)
|
|
the
Social Security Act in effect as of the date of the
Participant’s Separation from Service; and
|
|
|
|
|
|
(b)
|
|
an
assumption that the Participant’s compensation does not
increase after the last day of the Plan Year that precedes the date
of the Participant’s Separation from Service.
|
“Stable
Value Fund” means the stable value fund that is available for
the investment of a Participant’s account under the
Investment Plan (or any other fund selected by the Committee in its
sole discretion for the deemed investment of a portion of the
Participant’s Investment Plan Account under section
5.3(b)).
2.43 Target
Date Retirement Fund
“Target
Date Retirement Fund” means the target date retirement funds
that are available for the investment of a Participant’s
account under the Investment Plan (or any other fund selected by
the Committee in its sole discretion for the deemed investment of a
portion of the Participant’s DC Restoration Account under
section 5.3). With respect to a particular Participant, the Target
Date Retirement Fund shall be the fund having the target date that
is closest to the year in which the Participant reaches age
65.
2.44
Ten-Year Certain and Life Annuity
“Ten-Year
Certain and Life Annuity” means a monthly retirement benefit
payable to the Participant for life, and if the Participant dies
before receiving 120 monthly payments, such payments shall
continue to the Beneficiary until a total of 120 payments have been
made.
“Valuation Date” means any date
selected by the Committee in its sole and absolute discretion for
revaluation and adjustment of the Participant’s DC
Restoration Account and DC SERP Account.
2.46 Years
of Benefit Service
“Years of
Benefit Service” mean generally the years of service earned
by a Participant for benefit accrual purposes under the Qualified
Pension Plan. However, for purposes of determining the amount of a
Participant’s Gross Executive SERP Benefit under section
2.22, “Years of Benefit Service” shall be credited for
the Participant’s full period of employment with the Company
and its Affiliates.
2.47 Years
of Vesting Service
“Years of
Vesting Service” mean the following:
|
(a)
|
|
Executive Benefit.
For purposes of
determining whether a Participant has a vested interest in the
Executive Benefit under Article 3, “Years of Vesting
Service” mean the vesting service earned by the Participant
as determined under the Qualified Pension Plan (but considering
only such service earned during the Participant’s period of
active participation under Article 3).
|
Sonoco Omnibus Benefit Restoration
Plan
October 2, 2008
10
|
(b)
|
|
DB Restoration Benefit.
For purposes of
determining whether a Participant has a vested interest in the DB
Restoration Benefit under Article 4, “Years of Vesting
Service” mean the vesting service earned by the Participant
as determined under the Qualified Pension Plan.
|
|
|
|
|
|
(c)
|
|
Investment Plan Restoration
Account. For
purposes of determining whether a Participant has a vested interest
in an Investment Plan Restoration Account under Article 5,
“Years of Vesting Service” mean the vesting service
earned by the Participant as determined under the Investment
Plan.
|
|
|
|
|
|
(d)
|
|
DC SERP Benefit.
For purposes of
determining whether a Participant has a vested interest in a DC
SERP Benefit under Article 6, “Years of Vesting
Service” will be determined as follows:
|
|
|
(1)
|
|
If
the Participant is accruing benefits under the Qualified Pension
Plan, his or her “Years of Vesting Service” mean the
vesting service earned by the Participant as determined under the
Qualified Pension Plan (but considering only such service earned
during the Participant’s period of employment as an officer
of the Company).
|
|
|
|
|
|
|
|
(2)
|
|
If
the Participant is an active participant in the Investment Plan,
his or her “Years of Vesting Service” mean the vesting
service earned by the Participant as determined under the
Investment Plan (but considering only such service earned during
the Participant’s period of employment as an officer of the
Company).
|
Sonoco Omnibus Benefit Restoration
Plan
October 2, 2008
11
Article 3. Executive Benefit
3.1
Eligibility and Participation
|
(a)
|
|
Eligibility. Subject to section 3.1(b) below, an
Employee who was a Participant with respect to the Executive
Benefit as of December 31, 2007 shall continue to be a
Participant with respect to this benefit on and after
January 1, 2008. Each Employee who was not a Participant with
respect to the Executive Benefit as of December 31, 2007 shall
not be eligible to become a Participant under this
Article 3.
|
|
|
|
|
|
(b)
|
|
Duration of
Participation. An individual who becomes a
Participant under this Article 3 shall continue as an active
Participant until the earlier of the date on which he or
she—
|
|
|
(1)
|
|
is
designated by the Committee as no longer eligible to be a
Participant with respect to the Executive Benefit; or
|
|
|
|
|
|
|
|
(2)
|
|
incurs a Separation from
Service.
|
|
|
|
When active participation ends under
subsection (b)(1) or (b)(2), the individual will continue as an
inactive Participant with respect to the Executive Benefit until he
or she has received a complete distribution of any benefits to
which he or she is entitled under this Article 3 (or forfeits
any such benefits by incurring a Separation from Service before
qualifying for a deferred vested retirement benefit under
section 3.4(a)).
|
3.2 Normal
Retirement Benefits
|
(a)
|
|
Eligibility. A Participant under this
Article 3 who incurs a Separation from Service on or after
attaining age 65 shall be eligible for a normal retirement benefit
under this section 3.2. This benefit shall commence as of the date
determined under section 3.2(c) and shall be paid in the form
determined under section 3.6.
|
|
|
|
|
|
(b)
|
|
Amount. The Executive Benefit payable under
this section 3.2 to a Participant who retires after reaching age 65
shall equal the sum of—
|
|
|
(1)
|
|
the
Participant’s Net Executive Restoration Benefit determined
under section 3.5 as of the date of the Participant’s
Separation from Service, but expressed as a Single Life Annuity
(i.e., determined before converting the Gross Executive Restoration
Benefit and the offset for the benefit payable under the Qualified
Pension Plan into a Joint and 75 Percent Survivor Annuity under
section 3.5(d)); and
|
|
|
|
|
|
|
|
(2)
|
|
the
Participant’s Net Executive SERP Benefit, which shall equal
(A) reduced by the sum of (B) and
(C) where—
|
|
|
(A)
|
|
is
the Gross Executive SERP Benefit determined as of the date of the
Participant’s Separation from Service;
|
Sonoco Omnibus Benefit Restoration
Plan
October 2, 2008
12
|
|
(B)
|
|
is
the Gross Executive Restoration Benefit determined under section
3.5(b) as of the date of the Participant’s Separation from
Service (after such amount has been converted into a Joint and 75
Percent Survivor Annuity in the manner described in section
3.5(d)); and
|
|
|
|
|
|
|
|
(C)
|
|
is
the Participant’s Social Security Benefit.
|
|
(c)
|
|
Commencement.
If a Participant becomes
entitled to an Executive Benefit under this section 3.2 upon his or
her Separation from Service, both the Net Executive Restoration
Benefit and the Net Executive SERP Benefit shall commence as of the
first day of the month next following the month in which the
six-month anniversary of the Participant’s Separation from
Service occurs. If all or a portion of the Executive Benefit is
paid as an annuity under section 3.6, the first such annuity
payment shall include the monthly amounts (with no adjustment for
interest) the Participant would have received had his or her
benefit commencement date been the first day of the month next
following the date on which the Participant incurs a Separation
from Service.
|
3.3 Early
Retirement Benefits
|
(a)
|
|
Eligibility. A Participant under this
Article 3 who incurs a Separation from Service before reaching
age 65, but after reaching age 55, shall be eligible for an early
retirement benefit under this section 3.3. This benefit shall
commence on the date determined under section 3.3(c) and shall be
paid in the form determined under section 3.6.
|
|
|
|
|
|
(b)
|
|
Amount. The Executive Benefit payable under
this section 3.3 shall equal the sum of the Net Executive
Restoration Benefit determined under section 3.3(b)(1) and the Net
Executive SERP Benefit determined under section
3.3(b)(2).
|
|
|
(1)
|
|
Net Executive Restoration
Benefit. The
Net Executive Restoration Benefit under this section 3.3 shall
equal (A) reduced by (B) where—
|
|
|
(A)
|
|
is
the Net Executive Restoration Benefit determined under section 3.5
as of the date of the Participant’s Separation from Service,
but expressed as a Single Life Annuity (i.e., determined before
converting the Gross Executive Restoration Benefit and the offset
for the benefit payable under the Qualified Pension Plan into a
Joint and 75 Percent Survivor Annuity under section 3.5(d));
and
|
|
|
|
|
|
|
|
(B)
|
|
is
0.30 percent of the amount determined under section
3.3(b)(1)(A) for each month by which the first day of the month
that next follows the month in which the Participant incurred a
Separation from Service precedes the first day of the month next
following the month in which the Participant would attain age
65.
|
Sonoco Omnibus Benefit Restoration
Plan
October 2, 2008
13
|
|
(2)
|
|
Net Executive SERP
Benefit. The
Net Executive SERP Benefit payable under this section 3.3 shall
equal (A) reduced by the sum of (B) and
(C) where—
|
|
|
(A)
|
|
is
the Participant’s Gross Executive SERP Benefit determined as
of the date of the Participant’s Separation from Service,
reduced by 0.25 percent for each month by which the first day
of the month that next follows the month in which the Participant
incurred a Separation from Service precedes the first day of the
month next following the month in which the Participant would
attain age 62;
|
|
|
|
|
|
|
|
(B)
|
|
is
the Gross Executive Restoration Benefit determined under section
3.5(b) as of the date of the Participant’s Separation from
Service (after such amount has been converted into a Joint and 75
Percent Survivor Annuity in the manner described in section
3.5(d)), reduced for commencement before age 65 in the manner and
amount described in section 3.3(b)(1)(B) above; and
|
|
|
|
|
|
|
|
(C)
|
|
is
the Participant’s Social Security Benefit, calculated as if
it were to commence on the first day of the month next following
the later of (i) the month in which the Participant incurs a
Separation from Service or (ii) the month in which the
Participant attains age 62. (This offset for the Social Security
Benefit shall first be applied as of the first day of the month
next following the later of the month in which the Participant
incurs a Separation from Service or attains age 62.)
|
|
(c)
|
|
Commencement.
If a Participant becomes
entitled to an Executive Benefit under this section 3.3 upon his or
her Separation from Service, both the Net Executive Restoration
Benefit and the Net Executive SERP Benefit shall commence as of the
first day of the month next following the month in which the
six-month anniversary of the Participant’s Separation from
Service occurs. If all or a portion of the Executive Benefit is
paid as an annuity under section 3.6, the first such annuity
payment shall include the monthly amounts (with no adjustment for
interest) the Participant would have received had his or her
benefit commencement date been the first day of the month next
following the date on which the Participant incurs a Separation
from Service.
|
3.4 Deferred
Vested Retirement Benefits
|
(a)
|
|
Eligibility. A Participant under this
Article 3 who incurs a Separation from Service before
qualifying for early retirement under section 3.3, but after
completing five or more Years of Vesting Service as a Participant
under this Article 3, shall be eligible for a deferred vested
retirement benefit under this section 3.4. This benefit shall
commence on the date determined under section 3.4(c) and shall be
paid in the form determined under section 3.6.
|
Sonoco Omnibus Benefit Restoration
Plan
October 2, 2008
14
|
(b)
|
|
Amount. The Executive Benefit payable under
this section 3.4 shall equal the sum of the Net Executive
Restoration Benefit determined under section 3.4(b)(1) and the Net
Executive SERP Benefit determined under section
3.4(b)(2).
|
|
|
(1)
|
|
Net Executive Restoration
Benefit. The
Net Executive Restoration Benefit payable under this section 3.4
shall equal (A) multiplied by (B) where—
|
|
|
(A)
|
|
is
the Net Executive Restoration Benefit determined under section 3.5
as of the date of the Participant’s Separation from Service,
but expressed as a Single Life Annuity (i.e., determined before
converting the Gross Executive Restoration Benefit and the offset
for the benefit payable under the Qualified Pension Plan into a
Joint and 75 Percent Survivor Annuity under section 3.5(d));
and
|
|
|
|
|
|
|
|
(B)
|
|
is
64 percent.
|
|
|
(2)
|
|
Net Executive SERP
Benefit. The
Net Executive SERP Benefit payable under this section 3.4 shall
equal (A) reduced by the sum of (B) and
(C) where—
|
|
|
(A)
|
|
is
79 percent of the Participant’s Gross Executive SERP
Benefit determined as of the date of the Participant’s
Separation from Service;
|
|
|
|
|
|
|
|
(B)
|
|
is
64 percent of the Gross Executive Restoration Benefit
determined under section 3.5(b) as of the date of the
Participant’s Separation from Service, (after such amount has
been converted into a Joint and 75 Percent Survivor Annuity in the
manner described in section 3.5(d)); and
|
|
|
|
|
|
|
|
(C)
|
|
is
the Participant’s Social Security Benefit, calculated as if
it were to commence on the first day of the month next following
the month in which the Participant attains age 62. (This offset for
the Social Security Benefit shall first be applied as of the first
day of the month next following the month in which the Participant
attains age 62.)
|
|
(c)
|
|
Commencement.
If a Participant becomes
entitled to an Executive Benefit under this section 3.4 upon his or
her Separation from Service, both the Net Executive Restoration
Benefit and the Net Executive SERP Benefit shall commence as of the
later of—
|
|
|
(1)
|
|
the
first day of the month next following the month in which the
Participant reaches age 55; or
|
|
|
(2)
|
|
the
first day of the month next following the month in which the
six-month anniversary of the Participant’s Separation from
Service occurs.
|
|
|
|
If
all or a portion of the Executive Benefit is paid as an annuity
under section 3.6, and the Participant’s benefit commencement
date is the date determined under section 3.4(c)(2), the first
such annuity payment shall include the monthly amounts
|
Sonoco Omnibus Benefit Restoration
Plan
October 2, 2008
15
|
|
|
(with no adjustment for interest)
the Participant would have received had his or her benefit
commencement date been the first day of the month next following
the month in which the Participant reaches age 55.
|
3.5 Net
Executive Restoration Benefit
|
(a)
|
|
In General. A Participant’s Net Executive
Restoration Benefit shall equal the difference
between—
|
|
|
(1)
|
|
the
Gross Executive Restoration Benefit determined as of the
Participant’s Separation from Service under
section 3.5(b); and
|
|
|
(2)
|
|
the
benefit accrued by the Participant under the Qualified Pension Plan
determined as of his or her Separation from Service as determined
under 3.5(c).
|
|
(b)
|
|
Gross Executive Restoration
Benefit. A
Participant’s Gross Executive Restoration Benefit shall be
determined initially as of December 31, 2008 (in accordance
with section 3.5(b)(1)); then adjusted for each full Plan Year of
participation thereafter (in accordance with section 3.5(b)(2));
and adjusted further for the Plan Year in which the Participant
incurs a Separation from Service (in accordance with section
3.5(b)(3)).
|
|
|
(1)
|
|
Gross Executive Restoration Benefit
as of December 31, 2008. The Gross Executive Restoration
Benefit as of December 31, 2008 shall equal the amount that
would have been accrued by the Participant under the Qualified
Pension Plan as of such date without regard to the limits imposed
by Code sections 401(a)(17) and 415, and calculated initially as a
Single Life Annuity commencing on the Participant’s Normal
Retirement Date, but then converted into a Joint and 75 Percent
Survivor Annuity commencing on the Participant’s Normal
Retirement Date (in the manner described in
section 3.5(d)).
|
|
|
(2)
|
|
Annual Adjustments to Gross
Executive Restoration Benefit for Full Plan Years of
Participation. Beginning January 1, 2009, the
Gross Executive Restoration Benefit determined as of the end of the
immediately preceding Plan Year shall be increased as of the last
day of each subsequent full Plan Year of participation by an amount
equal to the lesser of (A) or (B) where—
|
|
|
(A)
|
|
is
the difference (but not less than zero) between—
|
|
|
(i)
|
|
the
amount that would have been accrued by the Participant under the
Qualified Pension Plan through the last day of the current Plan
Year without regard to the limits imposed by Code sections
401(a)(17) and 415, and calculated initially as a Single Life
Annuity commencing on the Participant’s Normal Retirement
Date, but then converted into a Joint and 75 Percent Survivor
Annuity commencing on the Participant’s Normal Retirement
Date (in the manner described in section 3.5(d));
and
|
Sonoco Omnibus Benefit Restoration
Plan
October 2, 2008
16
|
|
(I)
|
|
the
amount that would have been accrued by the Participant under the
Qualified Pension Plan through the last day of the immediately
preceding Plan Year without regard to the limits imposed by Code
sections 401(a)(17) and 415, calculated initially as a Single Life
Annuity commencing on the Participant’s Normal Retirement
Date but then converted into a Joint and 75 Percent Survivor
Annuity commencing on the Participant’s Normal Retirement
Date (in the manner described in section 3.5(d));
and
|
|
|
|
|
|
|
|
(II)
|
|
the
amount of the Gross Executive Restoration Benefit as of the last
day of the immediately preceding Plan Year; and
|
|
|
(B)
|
|
is
the increase in the Gross Executive SERP Benefit for such full Plan
Year of participation. (This increase shall equal the Gross
Executive SERP Benefit as of the last day of the Plan Year reduced
by the Gross Executive SERP Benefit determined as of the last day
of the immediately preceding Plan Year.)
|
|
|
(3)
|
|
Final Determination of Gross
Executive Restoration Benefit as of Separation from
Service. As
of the date of the Participant’s Separation from Service, the
Gross Executive Restoration Benefit shall equal the Gross Executive
Restoration Benefit determined under section 3.5(b)(2) as of the
last day of the immediately preceding Plan Year increased through
the date of the Participant’s Separation from Service by an
amount equal to the lesser of (A) or
(B) where—
|
|
|
(A)
|
|
is
the difference (but not less than zero) between—
|
|
|
(i)
|
|
the
amount that would have been accrued by the Participant under the
Qualified Pension Plan through the date of his or her Separation
from Service without regard to the limits imposed by Code sections
401(a)(17) and 415, calculated initially as a Single Life Annuity
commencing on the Participant’s Normal Retirement Date, but
then converted into a Joint and 75 Percent Survivor Annuity
commencing on the Participant’s Normal Retirement Date (in
the manner described in section 3.5(d)); and
|
|
|
|
|
|
|
|
(ii)
|
|
the
lesser of—
|
|
|
(I)
|
|
the
amount that would have been accrued by the Participant under the
Qualified Pension Plan through the last day of the immediately
preceding Plan Year without regard to the limits imposed by Code
sections 401(a)(17) and 415, calculated initially as a Single Life
Annuity commencing on the
|
Sonoco Omnibus Benefit Restoration
Plan
October 2, 2008
17
|
|
|
|
Participant’s Normal Retirement Date, but
then converted into a Joint and 75 Percent Survivor Annuity
commencing on the Participant’s Normal Retirement Date (in
the manner described in section 3.5(d)); and
|
|
|
(II)
|
|
the
amount of the Gross Executive Restoration Benefit as of the last
day of the immediately preceding Plan Year; and
|
|
|
(B)
|
|
is
the increase in the Gross Executive SERP Benefit for the Plan Year
in which the Participant incurred a Separation from Service. (This
increase shall equal the Gross Executive SERP Benefit as of the
date of the Participant’s Separation from Service reduced by
the Gross Executive SERP Benefit determined as of the last day of
the immediately preceding Plan Year).
|
|
(c)
|
|
Offset for Qualified Pension Plan
Benefit. The
offset described in section 3.5(a)(2) equal the amount accrued
by the Participant under the Qualified Pension Plan as of the date
of the Participant’s Separation from Service, calculated
initially as a Single Life Annuity commencing on the
Participant’s Normal Retirement Date, but then converted into
a Joint and 75 Percent Survivor Annuity (in the manner described in
section 3.5(d)).
|
|
|
|
|
|
(d)
|
|
Adjustment to the Single Life
Annuity Amounts. Amounts calculated initially as a
Single Life Annuity under sections 3.5(b) and 3.5(c) shall be
converted into actuarially equivalent Joint and 75 Percent Survivor
Annuity by—
|
|
|
(1)
|
|
applying the mortality and interest
assumptions described in section 2.1, and
|
|
|
|
|
|
|
|
(2)
|
|
for
a Participant who is not married as of the applicable calculation
date, by assuming that the Participant’s beneficiary under
the Joint and 75 Percent Survivor Annuity is the same age as the
Participant.
|
|
(a)
|
|
Net Executive Restoration
Benefit. The
portion of the Executive Benefit that is attributable to the Net
Executive Restoration Benefit shall be paid as follows:
|
|
|
(1)
|
|
Before 2009. If a Participant’s benefit
commencement date under this Article 3 is before
January 1, 2009, and the Participant elects to commence his or
her benefits under the Qualified Pension Plan before such date, the
Participant’s Executive Restoration Benefit shall be paid in
the same annuity form in effect for the Participant under the
Qualified Pension Plan. Any annuity benefit payable under this
section 3.6(a)(1) shall be the Actuarial Equivalent of the Single
Life Annuity determined under section 3.2(b)(1), 3.3(b)(1), or
3.4(b)(1) (as applicable).
|
Sonoco Omnibus Benefit Restoration
Plan
October 2, 2008
18
|
|
(2)
|
|
After 2008. Subject to section 10.3, if a
Participant’s benefit commencement date under this
Article 3 is after December 31, 2008, such benefit shall
be distributed as follows:
|
|
|
(A)
|
|
Normal Form of Payment.
Unless a Participant
elects an optional form under 3.6(a)(2)(B), the Net Executive
Restoration Benefit shall be paid in the form of a Single Life
Annuity, as determined under section 3.2(b)(1), 3.3(b)(1), or
3.4(b)(1) (as applicable).
|
|
|
|
|
|
|
|
(B)
|
|
Optional Forms of
Payment. In
lieu of the Single Life Annuity described in section 3.6(a)(2)(A),
a Participant may elect instead, at any time before his or her
benefit commencement date and in a manner specified by the
Committee, to receive his or her Net Executive Restoration Benefit
in any one of the following forms of payment (each of which shall
be the Actuarial Equivalent of the Single Life Annuity):
|
|
|
(i)
|
|
Joint and 50 Percent Survivor
Annuity;
|
|
|
|
|
|
|
|
(ii)
|
|
Joint and 75 Percent Survivor
Annuity;
|
|
|
|
|
|
|
|
(iii)
|
|
Joint and 100 Percent Survivor
Annuity;
|
|
|
|
|
|
|
|
(iv)
|
|
Five-Year Certain and Life
Annuity;
|
|
|
|
|
|
|
|
(v)
|
|
10-Year Certain and Life Annuity;
or
|
|
|
|
|
|
|
|
(vi)
|
|
Level Income Annuity.
|
|
(b)
|
|
Net Executive SERP
Benefit.
|
|
|
(1)
|
|
Normal Form of Payment.
Except as provided in
sections 3.6(b)(2) and 10.3, the portion of the Executive Benefit
that is attributable to the Net Executive SERP Benefit shall be
paid as follows:
|
|
|
(A)
|
|
Married Participant:
If a Participant is
married when the payment of his or her Executive Benefit commences
under this Article 3, the Net Executive SERP Benefit (i.e.,
the monthly amount determined under section 3.2(b)(2), 3.3(b)(2),
or 3.4(b)(2), as applicable) shall be paid in the form a Joint and
75 Percent Survivor Annuity, with the Participant’s
spouse as his or her Beneficiary.
|
|
|
|
|
|
|
|
(B)
|
|
Unmarried Participant.
If a Participant is not
married when the payment of his or her Net Executive SERP Benefit
commences under this Article 3, such benefit shall be paid in
the form of a Ten-Year Certain and Life Annuity. This Ten-Year
Certain and Life Annuity shall be the Actuarial Equivalent of the
Joint and 75 Percent Survivor Annuity determined under section
3.2(b)(2), 3.3(b)(2), or 3.4(b)(2), as applicable (which shall
be
|
Sonoco Omnibus Benefit Restoration
Plan
October 2, 2008
19
|
|
|
|
valued assuming
that the Participant’s Beneficiary is the same age as the
Participant).
|
|
|
(2)
|
|
Optional Form of
Payment.
|
|
|
(A)
|
|
Three Equal Installments.
A Participant may waive
the normal form of payment specified under Section 3.6(b)(1)
and elect instead to receive the Net Executive SERP Benefit in the
form of three equal installments, with the first installment
payable on the benefit commencement date determined under section
3.2(c), 3.3(c), or 3.4(c) (as applicable), the second installment
payable six months after the payment of the first installment, and
the third installment payable 12 months after the payment of
the second installment.
|
|
|
|
|
|
|
|
|
|
The
amount of these installments shall be determined as
follows:
|
|
|
(i)
|
|
The
Net Executive SERP Benefit determined under 3.2(b)(2), 3.3(b)(2),
or 3.4(b)(2) (as applicable) shall first be converted from an
amount payable as a Joint and 75 Percent Survivor Annuity into an
equivalent lump sum using—
|
|
|
(I)
|
|
a
mortality table, modified as appropriate by the Secretary of the
Treasury, that is based on the mortality table specified for the
Plan Year under Code section 430(h)(3) (but determined without
regard to Code sections 430(h)(3)(C) and 430(h)(3)(D));
and
|
|
|
|
|
|
|
|
(II)
|
|
an
interest rate equal to the first, second, and third tier segment
rates applied under rules similar to the rules of Code
section 430(h)(2)(C), and adjusted in the manner described in
Code section 417(e)(3)(D), for the month of November immediately
preceding the first day of the Plan Year in which the distribution
occurs.
|
|
|
(ii)
|
|
The
lump sum determined under section 3.6(b)(2)(A)(i) shall then be
converted into an equivalent payment stream of three installments
by applying the first tier segment rate described in
section 3.6(b)(2)(A)(i)(II).
|
|
|
(B)
|
|
Limitation on Final Installment
Payments. If
the amount of the final (i.e., third) installment payments made on
behalf of all Participants who are entitled to such final
installment payments in any Plan Year would trigger settlement
accounting for such Plan Year under Statement of Financial
Accounting Standards No. 88 (or any successor to such
statement), the amount actually paid in such Plan Year shall be
limited to avoid the application of settlement accounting in the
manner described below.
|
Sonoco Omnibus Benefit Restoration
Plan
October 2, 2008
20
|
|
(i)
|
|
The
aggregate excess amount for the Plan Year is equal to
(I) minus (II) where—
|
|
|
(I)
|
|
is
the total of all final (i.e., third) installment payments due to
Participants under this section 3.6(b)(2) for the Plan Year;
and
|
|
|
|
|
|
|
|
(II)
|
|
is
the total amount of all final (i.e., third) installment payments
that could be made for such Plan Year without triggering settlement
accounting for the Plan Year.
|
|
|
(ii)
|
|
The
aggregate excess amount for the Plan Year (as determined under
section 3.6(b)(2)(B)(i)) shall be allocated among the Participants
who are otherwise entitled to their final installment payments in
the Plan Year in proportion to the amount of each
individual’s final installment payment.
|
|
|
(iii)
|
|
The
installment payment actually made to each such Participant for the
Plan Year shall equal the difference between (I) and
(II) where—
|
|
|
(I)
|
|
is
the installment payment the Participant would otherwise be entitled
to for the Plan Year without regard to this
section 3.6(b)(2)(B); and
|
|
|
|
|
|
|
|
(II)
|
|
is
the Participant’s proportionate share of the aggregate excess
amount determined under section 3.6(b)(2)(B)(ii).
|
|
|
(iv)
|
|
Each affected Participant will then
receive an additional payment during the next following Plan Year
equal to the amount by which his or her third installment payment
was reduced under section 3.6(b)(2)(B)(iii), provided such payment
would not itself trigger settlement accounting for such Plan Year
under Statement of Financial Accounting Standards No. 88 (or
any successor to such statement). If such payment would trigger
settlement accounting, the Committee will continue to apply the
procedures described in this section 3.6(b)(2)(B) until the
Participant has received a complete distribution of his or her
final payment.
|
|
|
(C)
|
|
Electing an Optional
Form. An
election of the optional form of payment described in this section
3.6(b)(2) must be made by the Participant at a time and in a manner
prescribed by the Committee, but not later than June 30,
2008.
|
|
|
|
|
|
|
|
(D)
|
|
Death of the Participant after the
Benefit Commencement Date. If a Participant who has elected the
optional form of payment described in this section 3.6(b)(2) dies
after the benefit commencement date specified in section 3.2(c),
3.3(c), or 3.4(c) (as applicable), but before receiving
all
|
Sonoco Omnibus Benefit Restoration
Plan
October 2, 2008
21
|
|
|
|
three
installments, the remaining installments shall be paid to the
Participant’s Beneficiary at the same time as such
installments would have been paid to the Participant.
|
3.7
Preretirement Death Benefits
|
(a)
|
|
Eligibility. If a Participant under this
Article 3 dies before his or her benefit commencement date,
but after attaining age 55 or completing five or more Years of
Vesting Service as a Participant under this Article 3, the
Participant’s surviving spouse shall be entitled to the
preretirement death benefit determined under this section 3.7. (If
a Participant dies before meeting the eligibility requirements
described above, or if the Participant does not have a surviving
spouse as of the benefit commencement date determined under this
section, no benefits will be payable under this section
3.7.)
|
|
|
|
|
|
(b)
|
|
Net Executive Restoration
Benefit. A
surviving spouse who becomes entitled to a benefit under section
3.7(a) shall receive a preretirement death benefit attributable to
the Participant’s Net Executive Restoration Benefit. The
amount of such benefit shall be determined under subsection (b)(1).
In addition, this benefit shall commence on the date determined
under subsection (b)(2) and shall be paid in the form described in
subsection (b)(3).
|
|
|
(1)
|
|
Benefit Amount.
The preretirement death
benefit attributable to the Participant’s Net Executive
Restoration Benefit shall be a monthly benefit that is determined
a
|
|