FPL Group, Inc. Appendix A2 to Bonus SERP for Executive Officers (as of May 21, 2009)
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Summary
This appendix lists certain executive officers of FPL Group, Inc. who are participants in the company's Bonus Supplemental Executive Retirement Plan (SERP). It details which executives are eligible for double basic and transition credits, and notes the application of Internal Revenue Code Section 409A to specific deferred compensation arrangements. The document clarifies that only certain deferrals are subject to Section 409A, and highlights special provisions for one executive due to changes in his employment agreement.
EX-10.C 6 exhibit10c.htm EXHIBIT 10(C) exhibit10c.htm
Exhibit 10(c)
Appendix A2 Last Revised On: May 21, 2009 | ||||||
Name | Company | Pre-4/1/1997 Participant | Class A “Bonus SERP” Status | Double Basic Credits | Double Transition Credits | |
BENNETT, CHRISTOPHER A. * | FPL Group, Inc | | X1 | X1 | ||
KELLIHER, JOSEPH T. * | FPL Group, Inc | | X1 | X1 | ||
MCGRATH, ROBERT L. 2* | FPL Group, Inc | | X1 | X1 | X1 | |
POPPELL, JAMES W. * | FPL Group, Inc | X1 | X1 | |||
RODRIGUEZ, ANTONIO * | FPL Group, Inc | X | | | ||
SIEVING, CHARLES E. * | FPL Group, Inc | X1 | X1 | |||
CUTLER, PAUL I. * | FPL Group, Inc | | X1 | | ||
DAVIS, K. MICHAEL * | FPL Group, Inc | X | | | ||
1 | The Compensation Committee has expressly identified these items and acknowledged that they are subject to Internal Revenue Code Section 409A. In particular, these items include: (i) the additional deferred compensation provided by the designation of certain officers as Class A Executives, effective on or after January 1, 2006; and (ii) the additional deferred compensation set forth in SERP Amendment #4 to the Prior Plan (meaning amounts deferred by certain senior officers specified by the Compensation Committee who became participants in the SERP on or after April 1, 1997 at the rate of two times the basic credit and, to the extent applicable, the transition credit under the cash balance formula in the SERP for their pensionable earnings on or after January 1, 2006). Importantly, nothing in Amendment #4 to the Prior Plan, the SERP, Compensation Committee resolutions, or any other document shall be construed as subjecting to Code Section 409A any deferrals made under the SERP prior to January 1, 2005, except as expressly noted herein. | |||||
2 | Due to material modification of the SERP benefit pursuant to Executive Retention Employment Agreements entered into after December 31, 2004, no amount of the SERP benefit for Mr. McGrath is eligible for grandfathered treatment under Code Section 409A. | |||||
* | Executive Officer of FPL Group, Inc. |