Amendment No. 4 to Monro Muffler Brake, Inc. Retirement Plan (GUST Restatement)

Summary

This amendment, effective January 1, 2004, modifies the Monro Muffler Brake, Inc. Retirement Plan. It clarifies how annual retirement benefits are calculated in compliance with IRS Code section 415 limits, specifying the interest rates and mortality tables to be used for determining equivalent annual benefits. The amendment ensures that, depending on the form of annuity payment, the greater benefit calculation method is applied. The amendment was executed by the company's Executive Vice President and Chief Financial Officer on December 21, 2006.

EX-10.04.D 6 l26219aexv10w04wd.htm EX-10.04D EX-10.04D

Exhibit 10.04d

MONRO MUFFLER BRAKE, INC.
RETIREMENT PLAN

Amendment No. 4 to GUST Restatement

Pursuant to Section 11.1, the Plan is amended, effective January 1, 2004, by adding the following new provision to the end of Section 1.2:

Notwithstanding anything in the Plan to the contrary, with respect to the Code section 415 limit, for purposes of adjusting the annual benefit to a straight life annuity, the equivalent annual benefit shall be the greater of the equivalent annual benefit computed using the Plan’s interest rate and Plan mortality table (or other tabular factor) and the equivalent annual benefit computed using five percent (5%) interest rate assumption and the “applicable mortality table.” However, for purposes of adjusting the annual benefit to a straight life annuity, if the annual benefit is paid in any form other than a non-decreasing life annuity payable for a period not less than the life of a Participant or, in the case of a Pre-Retirement Survivor Annuity, the life of the surviving spouse, then the equivalent annual benefit shall be the greater of the equivalent annual benefit computed using the Plan interest rate and Plan mortality table (or other tabular factor) and the equivalent annual benefit computed using the “applicable interest rate” and the “applicable mortality table.” With respect to Plan Years beginning in 2004 and 2005 and any subsequent Plan Year as provided by law, for purposes of adjusting the annual benefit to a straight life annuity, if the annual benefit is paid in any form other than a non-decreasing life annuity payable for a period not less than the life of a Participant or, in the case of a Pre-Retirement Survivor Annuity, the life of the surviving spouse, then the equivalent annual benefit shall be the greater of the equivalent annual benefit computed using the Plan interest rate and Plan mortality table (or other tabular factor) and the equivalent annual benefit computed using five and one-half percent (5.5%) and the “applicable mortality table.”

IN WITNESS WHEREOF, the Company has caused its duly authorized officer to execute this amendment on its behalf this 21st day of December, 2006.


	MONRO MUFFLER BRAKE, INC.
	By:	/s/ Catherine D’Amico
		Title: Executive Vice President Chief Financial Officer