Amendment No. 5 to the Kindred 401(k) Plan by Kindred Healthcare, Inc.
Kindred Healthcare, Inc. amends its 401(k) Plan to allow participation by certain managed employers, specifically partnerships in which Kindred holds a majority ownership. The amendment lists new participating partnerships and their ownership structure, effective as of various dates in 2006. This change enables employees of these managed partnerships to join the Kindred 401(k) Plan. The amendment is executed by Kindred Healthcare, Inc. and is effective December 27, 2006.
EXHIBIT 10.13
AMENDMENT NO. 5
TO THE
KINDRED 401(k) PLAN
This is Amendment No. 5 to the Kindred 401(k) Plan (the “Plan”) as last amended and restated as of January 1, 2003, which amendment shall be effective as of December 27, 2006.
RECITALS
| A. | Kindred Healthcare, Inc. (the “Company”) maintains the Plan and has reserved the right in Section 9.1 of the Plan to amend the Plan from time to time in its discretion. |
| B. | The Company desires to amend the Plan in order to provide for participation in the Plan by employers who are managed by the Company pursuant to a management agreement or partnership that has been accepted as a Participating Employer. |
AMENDMENTS
1. Appendix B to the Plan is hereby amended to add the following at the end thereof:
As of March 1, 2006.
Partnerships
| Name of Partnership | Partners | Total Direct or Indirect Kindred Ownership | ||
| KPS Denver, LLC #8410 | KPS Mountain, Inc. – 51% ARC Pharmacy Services, LLC – 49% | 51% |
As of May 1, 2006.
Partnerships
| Name of Partnership | Partners | Total Direct or Indirect Kindred Ownership | ||
| KPS Dallas Limited Partnership #8413 | Kindred Institutional Pharmacy Services – 50% KPS Dallas Holdings, LLC – 1% ARC Pharmacy Services, LLC – 49% | 51% | ||
| KPS Phoenix, LLC #8412 | Kindred Institutional Pharmacy Services – 51% ARC Pharmacy Services, LLC – 49% | 51% | ||
As of July 1, 2006.
Partnerships
| Name of Partnership | Partners | Total Direct | ||
| KPS Houston Limited Partnership #8421 | Kindred Institutional Pharmacy Services– 50% KPS Houston Holdings, LLC– 1% ARC Pharmacy Services, LLC– 49% | 51% | ||
| KPS San Antonio Limited Partnership #8419 | Kindred Institutional Pharmacy Services– 50% KPS San Antonio Holdings, LLC– 1% ARC Pharmacy Services, LLC– 49% | 51% | ||
IN WITNESS WHEREOF, the Employer has caused this Amendment No. 5 to be executed this 27th day of December 2006.
| KINDRED HEALTHCARE, INC. | ||
| By | /s/ Richard E. Chapman | |
| Title: | Executive Vice President and Chief Administrative and Information Officer | |
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