Amendment to Applera Corporation Deferred Compensation Plan (Effective January 1, 2005)

Summary

This amendment, executed by Applera Corporation, modifies the company's Deferred Compensation Plan to allow certain employees and participants to make a special deferral election by March 15, 2005. This election applies to salary, bonuses, or incentive awards related to services performed in 2005, provided these amounts have not yet been paid or become payable. The amendment ensures compliance with IRS guidance and Section 409A of the tax code. The amendment was signed by the company's Vice President of Human Resources on November 17, 2005.

EX-10.3 7 b411364ex10-3.htm EX-10.3 Prepared and filed by St Ives Financial

Exhibit 10.3

AMENDMENT TO
APPLERA CORPORATION
DEFERRED COMPENSATION PLAN
(Amended and Restated Effective as of January 1, 2002)

WHEREAS, Applera Corporation (the “Company”) maintains the Applera Corporation Deferred Compensation Plan (Amended and Restated Effective as of January 1, 2002) (the “Plan”); and

WHEREAS, the Board of Directors of the Company desires to amend the Plan to provide for the limited exception to the timing of deferrals under the Plan as permitted by Internal Revenue Service Notice 2005-1, Q&A-21; and

NOW, THEREFORE, by virtue and in exercise of the power reserved to the Company by Section 10.2 of the Plan and pursuant to the authority delegated to the undersigned officer of the Company by resolution of the Board of Directors of the Company, the Plan is amended, effective January 1, 2005, by adding the following new sentence at the end of Section 3.2 of the Plan as a part thereof:

“Notwithstanding the foregoing, each Participant and each Employee who is selected to participate in the Plan as of January 1, 2005, shall be entitled to make a deferral election on or before March 15, 2005 to defer receipt of Base Annual Salary, Annual Bonus, and/or Special Incentive Award which (i) relates all or in part to services performed on or before December 31, 2005 and (ii) would be subject to Code Section 409A upon deferral; provided, such Base Annual Salary, Annual Bonus, and/or Special Incentive Award has not been paid, or become payable, at the time such deferral election is made.”

IN WITNESS WHEREOF, the Company has caused this amendment to be executed on its behalf by the undersigned officer as of the 17th day of November, 2005.

	APPLERA CORPORATION

	By:	/s/ Barbara J. Kerr

	Name:	Barbara J. Kerr
	Title:	V.P. Human Resources