Fifth Amendment to FMC Corporation Employees' Retirement Program Part I (Salaried and Nonunion Hourly Employees)

Summary

This amendment, effective January 1, 1999, modifies the FMC Corporation Employees' Retirement Program for salaried and nonunion hourly employees. It updates the terms of the Life and 10 Year Certain Annuity option, specifying that if a participant dies before receiving 120 monthly payments, the remaining payments will continue to a designated joint annuitant. The amendment is executed by an authorized representative of FMC Corporation.

EX-10.4.I 7 dex104i.txt FIFTH AMENDMENT OF EMPOYEEES' RETIREMENT PROGRAM Exhibit 10.4.i FIFTH AMENDMENT OF FMC CORPORATION EMPLOYEES' RETIREMENT PROGRAM PART I SALARIED AND NONUNION HOURLY EMPLOYEES' RETIREMENT PLAN -------------------------------------------------------------- (As Amended and Restated Effective January 1, 1999) WHEREAS, FMC Corporation (the "Company") maintains the FMC Corporation Employees' Retirement Program Part I Salaried and Nonunion Hourly Employees' Retirement Plan (the "Plan"); and WHEREAS, the Plan has been amended from time to time, and further amendment of the Plan is now considered desirable; NOW, THEREFORE, by virtue and in exercise of the powers reserved to the Company under Section 11.1 Plan Amendment or Termination of the Plan, and ----------------------------- pursuant to authority delegated to the undersigned officer of the Company by resolution of its Board of Directors, the Plan is hereby amended, effective January 1, 1999, in the following respects: 1. By deleting the last paragraph of Section 4-4 of Supplement 4 and inserting the following in lieu thereof: Life and 10 Year Certain Annuity: A life and 10 Year Certain Annuity -------------------------------- is an immediate annuity which is the Actuarial Equivalent of an Individual Life Annuity, but which provides a smaller monthly annuity for the Participant's life than an Individual Life Annuity. After the Participant's death, if the monthly annuity has been paid for a period shorter than 120 months, it will continue, in the same amount as during the Participant's life, for the remainder of the 120-month term certain. The Participant's Joint Annuitant will receive any payments due after the Participant's death. IN WITNESS WHEREOF, the Company has caused this amendment to be executed by a duly authorized representative this 1/st/ day of August, 2001. FMC CORPORATION By: /s/ William H. Schumann -------------------------- Member, Employee Welfare Benefits Plan Committee