Amendment No. 1 to Frisch's Restaurants, Inc. Executive Retirement Plan
Frisch's Restaurants, Inc. has amended its Executive Retirement Plan, effective January 1, 2000. The amendment clarifies that, after 1999, participants who are classified as Highly Compensated Employees under ERISA and related rules will not have certain benefits included in their accrued or excess benefits if they are excluded from benefit accruals under the Qualified Plan. This change is formalized by the company's authorized representative.
Exhibit (10) (k)
Amendment No. 1
To
Frisch’s Restaurants, Inc.
Executive Retirement Plan
KNOW ALL PERSONS BY THESE PRESENTS:
That effective January 1, 2000, FRISCH’S RESTAURANTS, INC. (the “Employer”) amends its Executive Retirement Plan (the “Plan”) in the following respects:
| 1. | Article II, Section 2.01 of the Plan is amended by the addition at the end thereof of the following new sentence: |
Notwithstanding the foregoing, the term “Accrued Excess Benefit” shall not include any benefit amount for any period of time after 1999 that a Participant is excluded from benefit accruals under the Qualified Plan by virtue of being a Highly Compensated Employee (as defined in the ERISA and Subchapter D Rules applicable to the Qualified Plan).
| 2. | Article II, Section 2.14 of the Plan is amended by the addition at the end thereof of the following new sentence: |
Notwithstanding the foregoing, the term “Excess Benefit” shall not include any benefit amount for any period of time after 1999 that a Participant is excluded from benefit accruals under the Qualified Plan by virtue of being a Highly Compensated Employee (as defined in the ERISA and Subchapter D rules applicable to the Qualified Plan).
IN WITNESS WHEREOF, FRISCH’S RESTAURANTS, INC. has caused this instrument to be executed this 13th day of December. 2000.
| FRISCH”S RESTAURANTS, INC. |
| By: S/ DONALD H. WALKER |
