ASTORIA FEDERAL SAVINGS AND LOANASSOCIATION SUPPLEMENTAL BENEFIT PLAN As amended effective January1, 2009 and further amended effective April 30, 2012
Exhibit 10.2
ASTORIA FEDERAL SAVINGS AND LOAN ASSOCIATION
SUPPLEMENTAL BENEFIT PLAN
As amended effective January 1, 2009 and further amended effective April 30, 2012
ASTORIA FEDERAL SAVINGS AND LOAN ASSOCIATION
SUPPLEMENTAL BENEFIT PLAN
ARTICLE I
DEFINITIONS
1.01 Association
Astoria Federal Savings and Loan Association.
1.02 Committee
The persons appointed by the Association to administer the Plan.
1.03 Effective Date
This Plan is effective January 1, 1989.
1.04 Plan
The Astoria Federal Savings and Loan Association Supplemental Benefit Plan.
1.05 Qualified Retirement Plan
The Astoria Federal Savings and Loan Association Employees’ Pension Plan.
ARTICLE II
PARTICIPATION
2.01 Eligibility and Commencement of Participation
The employees listed in Appendix A to this Plan shall become Participants in this Plan as of the Effective Date.
ARTICLE III
BENEFITS TO PARTICIPANTS
3.01 Supplemental Retirement Benefits
| (a) | The Plan shall provide benefits equal to the difference, if any, between: |
| i) | The benefit payable under the Qualified Plan assuming the benefit formula in effect on December 31, 1988 had not been changed, and |
| ii) | The benefit payable under the Qualified Plan based on the benefit formula in effect on January 1, 1992. |
For purposes of calculating amounts under (i) and (ii) above, the provisions of the Qualified Plan shall be deemed not to reflect any of the limitations contained in the Internal Revenue Code with respect to benefits payable or compensation.
| (b) | Benefits shall be payable-commencing in the later of the month after the Participant’s 65th birthday or month following the month in which the Participant terminates employment unless, within thirty (30) days after first becoming a Participant (or, if later, December 31, 2008 with respect to benefits payable after December 31, 2008) the Participant elects that payments begin at termination of employment or on a specified date after termination of employment but before attainment of age 65. Benefits shall be payable in the form of a single life annuity for the life of the Participant unless, within thirty (30) days after first becoming a Participant (or, if later, December 31, 2008 with respect to benefits payable after December 31, 2008) the Participant elects that payments be made in another optional form of payment permitted under the Qualified Plan or in a lump sum. Payments made in the form of an optional form of benefit or a lump sum shall be determined using the applicable interest rate and mortality assumptions in effect under the Qualified Plan when the benefit calculation is made. In the case of a payment election after December 31, 2008 by a Participant who also participants into the Astoria Federal Savings and Loan Association Excess Benefit Plan, any payment election under this Plan must be concurrent with, and the same in all respects as, the payment election under the Excess Benefit Plan. |
| (c) | A Participant may elect that, in the event of a change in control of the Association (within the meaning of section 409A of the Internal Revenue Code) any remaining benefits due to him under the Plan shall be made in a single lump sum on the effective date of the change in control, such lump sum to be computed on the basis of the interest rate and mortality assumptions applicable under the Qualified Plan as of the date of payment. Such an election shall be made within thirty (30) days after first becoming a Participant or, if later in the case of benefits payable after December 31, 2008, no later than December 31, 2008. In the case of a payment election after December 31, 2008 by a Participant who also participates in the Astoria Federal Savings and Loan Association |
Excess Benefit Plan, any payment election under this Plan must be concurrent with and the same in all respects as, the payment election under the Excess Benefit Plan.
| (d) | Notwithstanding anything in the Plan to the contrary any benefit under the Plan that becomes payable due to a Participant’s termination of employment shall (a) if necessary, be deferred to and payable on (or commencing on) the earliest date on which the Participant has a “separation from service” (within the meaning of section 409A of the Code) and (b) if the Participant is a “specified employee” (within the meaning of section 409A of the Code on the date of his separation from service shall be further deferred to the first day of the seventh calendar month to begin after separation from service. The amount of any payments is scheduled to be made during the deferral period shall be paid, with interest at the rate of six percent (6%) per annum, compounded annually from the scheduled payment date to the end of the required deferral period, immediately following the end of any require deferral period. |
ARTICLE IV
ADMINISTRATION
4.01 Duties of the Committee
The Committee shall have full responsibility for the management, operation, interpretation and administration of the Plan in accordance with its terms, and shall have such authority as is necessary or appropriate in carrying out its responsibilities. Actions taken by the Committee pursuant to this Section 4.01 shall be conclusive and binding upon the Association, Participants, former Participants, beneficiaries, and other interested parties. All decisions, interpretations, and actions made by the Committee shall at all times be consistent with the requirements of the Qualified Retirement Plan as if that plan could have provided the benefits described herein.
4.02 Unfunded Character of the Plan
The Plan shall be unfunded. Neither the Association nor the Committee nor its individual members shall segregate or otherwise identify specific assets to be applied to the purposes of the Plan, nor shall any of them be deemed to be a trustee of any amounts to be paid under the Plan. Any liability of the Association to any person with respect to benefits payable under the Plan shall be based solely upon such contractual obligations, if any, as shall be created by the Plan, and shall give rise only to a claim against the general assets of the Association. No such liability shall be deemed to be secured by any pledge or any encumbrance on any specific property of the Association.
ARTICLE V
MISCELLANEOUS PROVISIONS
5.01 Amendment and Termination
The Board of Directors of the Association shall have the right to amend or terminate the Plan, in whole or part at its sole discretion, at any time. Benefits accrued under the Plan as of the date of any amendment or termination shall not be reduced, and such benefits shall become nonforfietable to the same extent that such rights would be nonforfeitable if such benefits had been provided under the Qualified Retirement Plan. If the Plan is terminated, the Association shall pay the accrued benefits provided by the Plan to each Participant. Any termination of the Plan and related payment of benefits shall conform to the requirements of section 409A of the Code.
5.02 Operation as Deferred Compensation Plan
The Plan is intended to be an unfunded, non-qualified deferred compensation plan covering a select group of highly compensated employees and management.
5.03 Internal Revenue Code Section 409A Compliance
The Plan is intended to be a non-qualified deferred compensation plan described in Section 409A of the Code. The Plan shall be operated, administered and construed to give effect to such intent. In addition, the Plan shall be subject to amendment, with or without advance notice to Participants and other interested parties, and on a prospective or retroactive basis, including but not limited to amendment in a manner that adversely affects the rights of participants and other interested parties, to the extent necessary to effect such compliance.
5.04 Nonassignability
The benefits of a Participant (or his spouse, if any) shall not be transferable or assignable except by reason of the laws of decent and distribution.
ARTICLE VI
CESSATION OF BENEFIT ACCRUALS
Notwithstanding anything in the Plan to the contrary, the accrual of benefits under the Plan shall cease on April 30, 2012. No person who is not a Participant on such date shall thereafter become a Participant. The benefit payable under this Plan to each Participant shall be determined as of April 30, 2012, taking into account all provisions of the Qualified Retirement Plan in effect as of such date, and shall not increase thereafter except that (a) the benefit payable under this Plan may increase to the extent that the vested percentage of the Participant’s benefit under the Qualified Plan increases after April 30, 2012 and/or (b) the
benefit may increase if he or she becomes eligible for an early retirement benefit under the Qualified Retirement plan after April 30, 2012. For purposes of determining the benefit payable to a Participant under section 3.01(a), it shall be assumed that the benefit formula in effect on December 31, 1998 and January 1, 2012 are frozen as of April 30, 2012 such that no service credit is given for benefit accrual purposes for any period after April 30, 2012 and no compensation paid or rate of compensation in effect after April 20, 2012 is taken into account for benefit computation purposes.
APPENDIX A
ASTORIA FEDERAL SAVINGS AND LOAN ASSOCIATION
SUPPLEMENTAL BENEFIT PLAN
| Plan Participants | Social Security Number | Name |
| Wilfred DeJesus Monte Redman Edward Spegowski Steven Miss John Grady Mark Manna William Mannix George Stagl Howard Burkhart Stephen Martini Arnold Greenberg Kenneth Bowman John Romano Robert Dressler Mario Cocchetto Edward Price Andrew Blazek George Engelke John Biggs Robert Lund Frederic Miers Michael Wirnshofer Rhoda Baisi Louis Abbatepaolo William Wepner William Sheerin John Mastrodomenico Frank Beiter Salvatore Alarimo Thomas Drennan
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