First Amendment to the Supplemental Executive Retirement Agreement between NBT Bancorp Inc. and Michael J. Chewens effective January 1, 2005

Contract Categories: Human Resources - Retirement Agreements
EX-10.25 15 ex10_25.htm EXHIBIT 10.25 Unassociated Document

Exhibit 10.25

FIRST AMENDMENT TO
THE SUPPLEMENTAL EXECTIVE RETIREMENT AGREEMENT
EFFECTIVE JULY 23, 2001


WHEREAS, this is the first amendment (the “First Amendment”) to the NBT Bancorp Inc. Supplemental Executive Retirement Plan, effective as of July 23, 2001 (the “SERP”);

WHEREAS, the SERP, as amended, is between NBT Bancorp Inc., a Delaware corporation and a registered financial holding company headquartered at 52 S. Broad Street, Norwich, New York 13815, and Michael J. Chewens, an individual residing at 30 Pine Meadow Road, Vestal, New York, 13850;

NOW, THEREFORE, the SERP is amended, effective as of January 1, 2005, as follows:

1.             Section 7.1 of the SERP shall be amended by deleting the second paragraph therein in its entirety.

2.             Section 7.2 of the SERP shall be amended by deleting the phrase “Except with respect to receipt of a lump sum benefit under Section 7.1,” in the section’s first sentence.  The first sentence in Section 7.2 of the SERP shall now begin with the words “Any election for an optional mode …”

3.             Section 7.3 of the SERP shall be amended by deleting this section in its entirety and replacing it with the following:

“Payment of any Retirement Income Benefit and 401(k)/ESOP Benefit under the Plan shall not commence on a date before the first day of the seventh (7th) month following the Participant’s “separation from service” with the Company as that phrase is defined for purposes of section 409A of the Code.”

4.             Section 7.4 of the SERP shall be amended by deleting the period at the end of subsection (b) therein and replacing it with a comma, followed by the word “and”; and by adding a new subsection (c) to read as follows:

“(c)           notwithstanding anything herein to the contrary, no Supplemental Retirement Benefit shall commence under this Plan before the date which is the seventh (7th) month following the Participant’s “separation from service” with the Company as that phrase is defined for purposes of section 409A of the Code.”

 

 
 
5.             Section 7.5(c) of the SERP shall be amended by deleting this subsection in its entirety.

6.             In all other respects the Plan shall remain in full force and effect.


NBT BANCORP INC.


By:
/s/ Martin A. Dietrich          
Date: November 13, 2008
 
Martin A. Dietrich
 
 
President
 
 
and Chief Executive Officer
 
     
     
     
     
By:
/s/ Michael J. Chewens       
Date: November 13, 2008
 
Michael J. Chewens