First Amendment to Acxiom Corporation Non-Qualified Deferral Plan (Effective July 1, 2009)

Summary

This amendment to the Acxiom Corporation Non-Qualified Deferral Plan updates the rules for employer matching contributions to participants' deferred compensation accounts. Effective July 1, 2009, the company is not required to make matching contributions for salary reductions or deferred compensation withheld after that date. The amendment also clarifies when and how matching contributions may be made, subject to IRS limits and at the sole discretion of the company's Board or its committee. Once a participant reaches certain IRS limits, they become ineligible for further matching under this plan.

EX-10.28 7 ex10-28.htm FIRST AMEND TO NON-QUALIFIED DEFERRAL PLAN Unassociated Document

 
 


 
 
Exhibit 10.28
ACXIOM CORPORATION NON-QUALIFIED DEFERRAL PLAN
(Effective January 1, 2009)
 
FIRST AMENDMENT
 
Pursuant to Section 6.3 of the Acxiom Corporation Non-Qualified Deferral Plan (the “Plan”), as amended and restated effective January 1, 2009, Acxiom Corporation (the “Company”) hereby amends and restates Section 3.2 of the Plan effective July 1, 2009 as follows:
 
3.2  
Matching Contributions
 
No matching contributions will be required with respect to Participant’s Salary Reduction Contributions or Participant’s Deferred Compensation withheld on or after July 1, 2009.
 
For each Plan Year, until a Participant’s Deferred Compensation (as defined in the Retirement Savings Plan) is limited under the Retirement Savings Plan by reason of Code Section 401(a)(7), 402(g) or 415, the Employer may make matching contributions for each payroll period to a Participant’s Account under the Plan equal to:
 
 
(a)
A percentage of the Participant’s Salary Reduction Contributions withheld under Section 3.1 hereof plus the Participant’s Deferred Compensation withheld under the Retirement Savings Plan as determined by the Board of Directors of the Employer or a properly authorized committee of the Board for the Plan Year, minus
 
 
(b)
the matching contribution allocated to the Participant’s account under the Retirement Savings Plan on account of the amounts deferred under subsection (a).
 
Once a Participant’s Deferred Compensation under the Retirement Savings Plan is limited by reason of Code Section 401(a)(17), 402(g) or 415, the Participant shall be ineligible for the matching contribution hereunder but shall instead receive the contribution under the Non-Qualified Matching Contribution Plan as described therein.
 
The determination as to whether a matching  contribution will be made is in the sole discretion of the Board of Directors of the Employer or a properly authorized committee of the Board, determined in its sole discretion.
 
The Employer will not make an employer matching contribution to the Plan under this Section 3.2 unless the Employer makes a contribution under a substantially similar formula to the Retirement Savings Plan.
 
IN WITNESS WHEREOF, this First Amendment is executed as of the 25th day of June, 2009.
 
 
    ACXIOM CORPORATION
 
   
 Attest: /s/ Catherine L. Hughes  
By  /s/ Cindy K. Childers
   
     Name  Cindy K. Childers    
     Title  Senior Vice President - Human Resources