Exhibit 10.1
PARTICIPATION
AGREEMENT
UNDER THE
NORTHEAST COMMUNITY
BANK
SUPPLEMENTAL EXECUTIVE RETIREMENT
PLAN
THIS PARTICIPATION AGREEMENT
(the “Participation
Agreement”) is entered into as of the 1 st day of
April, 2009 by and between NORTHEAST COMMUNITY BANK (the
“Employer”), and SUSAN BARILE , an executive of
the Employer (the “Participant”).
RECITALS:
WHEREAS, the Employer has adopted the Northeast Community
Bank Supplemental Executive Retirement Plan (the
“Plan”) effective as of January 1, 2006, and the
Administrator has determined that the Participant shall be eligible
to participate in the Plan on the terms and conditions set forth in
this Participation Agreement and the Plan.
NOW, THEREFORE, in consideration of the foregoing and the
agreements and covenants set forth herein, the parties agree as
follows:
1.
Definitions . Except as otherwise provided, or unless
the context otherwise requires, the terms used in this
Participation Agreement shall have the same meanings as set forth
in the Plan.
2.
Plan . Plan means the Northeast Community Bank
Supplemental Executive Retirement Plan, as the same may be altered
or supplemented in any validly executed Participation
Agreement.
3.
Incorporation of Plan . The Plan, a copy of which is
attached hereto as Exhibit A, is hereby incorporated into this
Participation Agreement as if fully set forth herein, and the
parties hereby agree to be bound by all of the terms and provisions
contained in the Plan. The Participant hereby acknowledges receipt
of a copy of the Plan and, subject to the foregoing, confirms his
understanding and acceptance of all of the terms and conditions
contained therein.
4.
Effective Date of Participation . The effective date
of the Participant’s participation in the Plan shall be April
1, 2009 (the “Participation Date”).
5.
Normal Retirement Age . The Participant’s
Normal Retirement Age for purposes of the Plan and this
Participation Agreement is age sixty-five (65).
6.
Year of Service . The Participant shall be credited
with one year of service for each calendar year the Participant has
been employed by the Employer, whether such employment began before
or after the Participation Date.
7.
Prohibition Against Funding . Should any investment
be acquired in connection with the liabilities assumed under this
Plan and Participation Agreement, it is expressly understood and
agreed that the Participants and Beneficiaries shall not have any
right with respect to, or claim against, such assets, nor shall any
such purchase be construed to create a trust of any kind or a
fiduciary relationship between the Employer and the Participants,
their Beneficiaries or any other person. Any such assets shall be
and remain a part of the general, unpledged and unrestricted assets
of the Employer, subject to the claims of its general creditors. It
is the express intention of the parties hereto that this
arrangement shall be unfunded for tax purposes and for purposes of
Title I of ERISA.
The Participant
shall be required to look to the provisions of the Plan and to the
Employer itself for enforcement of any and all benefits due under
this Participation Agreement, and, to the extent the Participant
acquires a right to receive payment under the Plan and this
Participation Agreement, such right shall be no greater than the
right of any unsecured general creditor of the Employer. The
Employer shall be designated the owner and beneficiary of any
investment acquired in connection with its obligation under the
Plan and this Participation Agreement.
8.
Provisions Related to SERP Benefit .
|
|
|
Normal
Retirement SERP Benefit . Upon the Participant’s termination of
employment upon or after attaining Normal Retirement Age, the
Participant shall receive an annual benefit of fifty percent (50%)
of the Participant’s final average base salary over the
immediately preceding full thirty-six (36) calendar months prior to
termination of employment, paid for the period and on the terms
provided herein. The Participant’s base salary calculation
shall be provided by Employer’s payroll
department.
|
|
|
|
Early
Retirement SERP Benefit . In the event the Participant
terminates employment upon or after attaining age sixty (60) and
completing at least twenty (20) Years of Ser
|