Amendment No. 5 to Monro Muffler Brake, Inc. Retirement Plan (GUST Restatement)

MONRO MUFFLER BRAKE, INC.

/s/ Catherine D’Amico

Summary

This amendment, effective January 1, 2004, modifies the Monro Muffler Brake, Inc. Retirement Plan. It clarifies how the annual retirement benefit is calculated in relation to IRS Code section 415 limits, specifying which interest rates and mortality tables must be used to determine the equivalent annual benefit. The amendment ensures that, depending on the form of annuity payment, the higher calculated benefit using specified rates and tables will apply. The amendment was executed by the company's CFO on December 21, 2006.

EX-10.04.05 2 l24387aexv10w04w05.htm EX-10.04E EX-10.04E

Exhibit 10.04e

MONRO MUFFLER BRAKE, INC.
RETIREMENT PLAN

Amendment No. 5 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.