Pension Equalization Plan Sample Contracts

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Pepsico Pension Equalization Plan (Pep) (February 15th, 2017)

The PepsiCo Pension Equalization Plan ("PEP" or "Plan") has been established by PepsiCo for the benefit of salaried employees of the PepsiCo Organization who participate in the PepsiCo Salaried Employees Retirement Plan ("Salaried Plan"). PEP provides benefits for eligible employees whose pension benefits under the Salaried Plan are limited by the provisions of the Internal Revenue Code of 1986, as amended. In addition, PEP provides benefits for certain eligible employees based on the pre-1989 Salaried Plan formula (see, for example, Part B thereof).

Pepsico Pension Equalization Plan (Pep) (April 18th, 2016)

The PepsiCo Pension Equalization Plan ("PEP" or "Plan") has been established by PepsiCo for the benefit of salaried employees of the PepsiCo Organization who participate in the PepsiCo Salaried Employees Retirement Plan ("Salaried Plan"). PEP provides benefits for eligible employees whose pension benefits under the Salaried Plan are limited by the provisions of the Internal Revenue Code of 1986, as amended. In addition, PEP provides benefits for certain eligible employees based on the pre-1989 Salaried Plan formula (see, for example, Part B thereof).

DEFERRED COMPENSATION SAVINGS AND PENSION EQUALIZATION PLAN (Amended and Restated Effective as of January 1, 2016) (February 24th, 2016)

The Sherwin-Williams Company, an Ohio corporation (the "Company"), established this 2005 Deferred Compensation Savings and Pension Equalization Plan (the "Plan"), effective January 1, 2005, for the purpose of attracting high quality executives and promoting in its key executives increased efficiency and an interest in the successful operation of the Company. This Plan is intended to supplement benefits provided under the Company's qualified plans for a select group of management or highly compensated employees by accepting contributions which may not be placed in the qualified plans because of limitations imposed by one or more limitations on contributions or benefits in the Internal Revenue Code. The terms of the Plan, amended and restated as set forth herein, apply to amounts that are deferred under the Plan after December 31, 2015. Notwithstanding anything to the contrary contained herein, amounts deferred under the Plan on or before December 31, 2015 shall be governed by the ter

Kewaunee Scientific Corporation – Amendment No. One to the Kewaunee Scientific Corporation Pension Equalization Plan (July 20th, 2015)

WHEREAS, the Corporation has entered into the Kewaunee Scientific Corporation Pension Equalization Plan (the Plan) for the benefit of a select group of management or highly compensated employees of the Corporation; and

Kewaunee Scientific Corporation – PLAN DOCUMENT AND SUMMARY PLAN DESCRIPTION FOR THE KEWAUNEE SCIENTIFIC CORPORATION PENSION EQUALIZATION PLAN (Restated January 1, 2009) (July 20th, 2015)

WHEREAS, Kewaunee Scientific Corporation (the Company) established the Kewaunee Scientific Corporation Pension Equalization Plan (the Plan) originally effective as of May 1, 1999 and amended and restated effective April 30, 2005, for the benefit of a select group of management and highly compensated employees in recognition of these employees valuable service in assisting the Company to achieve its objectives; and

Pepsico Pension Equalization Plan Document (February 12th, 2015)

This amended and restated Plan is hereby adopted and approved, to be effective as of January 1, 2014 (unless otherwise noted herein), this 16th day of December, 2014.

Amendment to the Pepsico Pension Equalization Plan Document (February 12th, 2015)

Corrections to the PEP document necessary to carry forth the above amendment, including corrections to cross-references affected by the amendment, shall be made as necessary.

PENSION EQUALIZATION PLAN OF ENTERGY CORPORATION AND SUBSIDIARIES (As Amended and Restated Effective January 1, 2009) Certificate of Amendment Amendment No. 5 (November 6th, 2014)

THIS INSTRUMENT, executed this 30th day of June, 2014, and effective July 1, 2014 constitutes the Fifth Amendment of the Pension Equalization Plan of Entergy Corporation and Subsidiaries (As Amended and Restated effective January 1, 2009) (the "Plan").

Kewaunee Scientific Corporation – Amendment No. One to the Kewaunee Scientific Corporation Pension Equalization Plan (September 2nd, 2014)

WHEREAS, the Corporation has entered into the Kewaunee Scientific Corporation Pension Equalization Plan (the Plan) for the benefit of a select group of management or highly compensated employees of the Corporation; and

Amendment One to the Pension Equalization Plan of Newmont (July 30th, 2014)

WHEREAS, the Pension Equalization Plan of Newmont (the Plan) was restated by Newmont USA Limited (the Plan Sponsor) effective December 31, 2008;

PENSION EQUALIZATION PLAN OF ENTERGY CORPORATION AND SUBSIDIARIES (As Amended and Restated Effective January 1, 2009) Certificate of Amendment Amendment No. 4 (August 7th, 2013)

THIS INSTRUMENT, executed this 25th day of July, 2013, and effective July 25, 2013, constitutes the Fourth Amendment of the Pension Equalization Plan of Entergy Corporation and Subsidiaries (As Amended and Restated effective January 1, 2009) (the "Plan").

PENSION EQUALIZATION PLAN OF ENTERGY CORPORATION AND SUBSIDIARIES (As Amended and Restated Effective January 1, 2009) Certificate of Amendment Amendment No. 3 (August 7th, 2013)

THIS INSTRUMENT, executed this 19th day of June, 2013, constitutes the Third Amendment of the Pension Equalization Plan of Entergy Corporation and Subsidiaries (As Amended and Restated Effective January 1, 2009) (the "Plan").

Amendment to the Yum! Brands Pension Equalization Plan (April 29th, 2013)

The Yum! Brands Pension Equalization Plan (the "Plan") is amended as set forth in the attached document, effective as of the beginning of the day on January 1, 2013.

Amendment to the Yum! Brands Pension Equalization Plan (April 29th, 2013)

The Yum! Brands Pension Equalization Plan (the "Plan") is amended as set forth in the attached document, effective as of the beginning of the day on January 1, 2012.

November 2012 Amendment to the Pepsico Pension Equalization Plan (February 21st, 2013)

Section 2.1 is amended by re-designating existing subsections (g) through (uu) as new subsections (h) through (vv) (and all cross references in the PEP 409A Program to these subsections shall be conformed to reflect this re-designation), and inserting a new subsection (g) to read as follows:

Kemper Corporation Pension Equalization Plan (November 2nd, 2011)

The Unitrin, Inc. Pension Equalization Plan was adopted effective April 10, 1990, was amended and restated effective January 19, 1995 and was most recently amended and restated effective January 1, 2009 to comply with Section 409A of the Internal Revenue Code. Effective August 25, 2011, Unitrin, Inc. changed its name to Kemper Corporation (the "Company"). As a result of the corporate name change, the plan set forth herein is now known as the Kemper Corporation Pension Equalization Plan (the "Plan") and the Plan is hereby amended and restated effective as of August 25, 2011 to incorporate that name change into the Plan. The Plan is maintained by the Company for the purpose of providing benefits in excess of the limitations on benefits imposed by Section 415 of the Internal Revenue Code for certain of its or its Affiliates' employees who participate in any Qualified Plan, as hereinafter defined.

AMENDMENT TO THE PBG PENSION EQUALIZATION PLAN (PEP) Effective as of April 6, 1999 (The Pre-409a Plan) (October 12th, 2011)

The PBG Pension Equalization Plan, effective as of April 6, 1999 (Plan), was previously amended effective February 26, 2010 to, among other things, transfer sponsorship of the Plan to PepsiCo, Inc. (Company) in connection with the merger of The Pepsi Bottling Group, Inc., with and into Pepsi-Cola Metropolitan Bottling Company, Inc., a wholly-owned subsidiary of the Company.

Pension Equalization Plan (April 26th, 2011)

The Plan was first effective on October 7, 1997, in connection with the spinoff of Yum! Brands (then known as Tricon Global Restaurants, Inc.) from PepsiCo, Inc. This Plan is a successor plan to the PepsiCo Pension Equalization Plan. This document is effective as of January 1, 2005 (the "Effective Date"), and it generally retains without modification the provisions of the prior restatement. However, it has been clarified in various respects to reflect that it sets forth the terms of the Plan applicable to benefits that are grandfathered under Section 409A of the Code because they were both earned and vested on or before December 31, 2004 (the "Pre-409A Program"). All benefits under the Plan that are earned or vested after December 31, 2004, shall be governed by the document for the Section 409A Program (the "409A Program"). In addition, beginning March 1, 2010, as a result of a plan amendment and related written participant communications (as specified in the communications and th

PENSION EQUALIZATION PLAN OF ENTERGY CORPORATION AND SUBSIDIARIES (As Amended and Restated Effective January 1, 2009) Executed: December 18, 2008 PENSION EQUALIZATION PLAN OF ENTERGY CORPORATION AND SUBSIDIARIES (As Amended and Restated Effective January 1, 2009) (February 28th, 2011)

Notwithstanding the foregoing provisions of this Subsection 3.02(e), Subsection 3.02(e)(2) shall not apply and shall not cause a forfeiture of any Supplemental Credited Service benefit if a Participant becomes vested in his Plan benefits pursuant to Section 6.02.

PENSION EQUALIZATION PLAN OF ENTERGY CORPORATION AND SUBSIDIARIES (As Amended and Restated Effective January 1, 2009) Certificate of Amendment Amendment No. 1 (February 28th, 2011)

THIS INSTRUMENT, executed this 15th day of December, 2010, but made effective December 30, 2010, constitutes the First Amendment of the Pension Equalization Plan of Entergy Corporation and Subsidiaries (As Amended and Restated Effective January 1, 2009) (the "Plan").

The Sherwin-Williams Company 2005 Deferred Compensation Savings and Pension Equalization Plan (As Amended and Restated) (February 23rd, 2011)

The Sherwin-Williams Company, an Ohio corporation (the Company), established this 2005 Deferred Compensation Savings and Pension Equalization Plan (the Plan), effective January 1, 2005, for the purpose of attracting high quality executives and promoting in its key executives increased efficiency and an interest in the successful operation of the Company. This Plan is intended to supplement benefits provided under the Companys qualified plans for a select group of management or highly compensated employees by accepting contributions which may not be placed in the qualified plans because of limitations imposed by one or more limitations on contributions or benefits in the Internal Revenue Code. The terms of the Plan, amended and restated as set forth herein, apply to amounts that are deferred and vested under the Plan after December 31, 2004 and that are subject to Section 409A of the Code. Notwithstanding anything to the contrary contained herein, all amounts that were deferred and vest

Amendment to the Pepsico Pension Equalization Plan (February 18th, 2011)

The PepsiCo Pension Equalization Plan documents for the 409A Program and Pre-409A Program are hereby amended as set forth below, effective as of January 1, 2011.

Pep Pension Equalization Plan (February 18th, 2011)

This Plan is first effective April 6, 1999. The Plan is a successor plan to the PepsiCo Pension Equalization Plan, which was last restated effective as of January 1, 1989. The PepsiCo Pension Equalization Plan covers eligible employees at the various divisions of PepsiCo, Inc., including eligible employees who are employed at various Pepsi-Cola Company facilities. On April 6, 1999, when this Plan became effective, PBG had its initial public offering. PBG employs many of the individuals employed at Pepsi-Cola Company facilities who were covered under the PepsiCo Pension Equalization Plan. This initial Plan document closely mirrors the PepsiCo Pension Equalization Plan document, including its historical provisions which are relevant for eligibility and benefit determinations under this Plan.

PENSION EQUALIZATION PLAN (PEP) Restatement Effective April 1, 2009 (February 18th, 2011)
Amendment to the Pepsico Pension Equalization Plan Document for the 409a Program (April 23rd, 2010)

The PepsiCo Pension Equalization Plan document for the 409A Program is hereby amended as set forth below, effective as of the Effective Time as defined in Amendment No. 1 below.

Revlon – Amendment to the Revlon Pension Equalization Plan (February 25th, 2010)

WHEREAS, Revlon Consumer Products Corporation (the Company) sponsors the Revlon Pension Equalization Plan (as amended, the Plan);

The Sherwin-Williams Company 2005 Deferred Compensation Savings and Pension Equalization Plan (As Amended and Restated) (February 24th, 2010)

The Sherwin-Williams Company, an Ohio corporation (the Company), established this 2005 Deferred Compensation Savings and Pension Equalization Plan (the Plan), effective January 1, 2005, for the purpose of attracting high quality executives and promoting in its key executives increased efficiency and an interest in the successful operation of the Company. This Plan is intended to supplement benefits provided under the Companys qualified plans for a select group of management or highly compensated employees by accepting contributions which may not be placed in the qualified plans because of limitations imposed by one or more limitations on contributions or benefits in the Internal Revenue Code. The terms of the Plan, amended and restated as set forth herein, apply to amounts that are deferred and vested under the Plan after December 31, 2004 and that are subject to Section 409A of the Code. Notwithstanding anything to the contrary contained herein, all amounts that were deferred and vest

PEPSICO PENSION EQUALIZATION PLAN (PEP) Plan Document for the Pre-Section 409A Program (January 1, 2005 Restatement, as Amended Through December 31, 2008) (July 22nd, 2009)

This document is effective as of January 1, 2005 (the Effective Date), and it generally retains without modification the provisions of the prior restatement. However, it has been clarified in various respects to reflect that it sets forth the terms of the Plan applicable to benefits that are grandfathered under Section 409A, i.e., generally, benefits that are both earned and vested on or before December 31, 2004 (the Pre-409A Program). All benefits under the Plan that are earned or vested after that date shall be governed by the Plan Document for the Section 409A Program (the 409A Program). Together, this document and the document for the 409A Program describe the terms of a single plan, and this document has been modified to clarify (without any material modification) the integration of the Pre-409A Program with the

YUM! BRANDS, INC. PENSION EQUALIZATION PLAN (PEP) Plan Document for the Section 409A Program (January 1, 2005 Restatement, as Amended Through December 2008) (July 21st, 2009)

This document is effective as of January 1, 2005 (the "Effective Date"). It sets forth the terms of the Plan that are applicable to benefits that are subject to Section 409A, i.e., generally, benefits that are earned or vested after December 31, 2004 (the "409A Program"). All other benefits under the Plan shall be governed by the document referenced in the preceding paragraph, which sets forth the pre-Section 409A terms of the Plan (the "Pre-409A Program"). Together, this document and the document for the Pre-409A Program describe the terms of a single plan. However, amounts subject to the terms of this 409A Program and amounts subject to the terms of the Pre-409A Program shall be tracked separately at all times. The preservation of the terms of the Pre-409A Program, without material modification, and the separation between the 409A Program amounts and the Pre-409A Program amounts are intended to be sufficient to permit the pre-409A Program to remain exempt from Section 409A as gr

2005 Pension Equalization Plan of Black Hills Corporation (March 2nd, 2009)
2007 Pension Equalization Plan of Black Hills Corporation as Amended and Restated Effective January 1, 2009 (March 2nd, 2009)
Grandfather Amendment to the Pension Equalization Plan of Black Hills Corporation (March 2nd, 2009)

Pursuant to action taken by the Board of Directors of Black Hills Corporation, Paragraph 1 of the Pension Equalization Plan of Black Hills Corporation (Plan) is hereby amended to add the following paragraphs, effective January 1, 2005:

Transocean Ltd. Pension Equalization Plan as Amended and Restated Effective January 1, 2009 (February 26th, 2009)

WHEREAS, GlobalSantaFe Corporate Services Inc. adopted and maintained the GlobalSantaFe Pension Equalization Plan, as amended effective July 21, 2007 and as amended and restated effective November 27, 2007 (the "Prior GSF Plan"); and

Transocean Ltd. Pension Equalization Plan as Amended and Restated Effective January 1, 2009 (February 26th, 2009)

WHEREAS, GlobalSantaFe Corporate Services Inc. adopted and maintained the GlobalSantaFe Pension Equalization Plan, as amended effective July 21, 2007 and as amended and restated effective November 27, 2007 (the "Prior GSF Plan"); and

The Pepsi Bottling Group – Pep Pension Equalization Plan (February 20th, 2009)