First Amendment to Amended and Restated Deferred Compensation Plan #2 (Peoples Security Bank and Trust Company and Craig Best)
This amendment updates the deferred compensation plan between Peoples Security Bank and Trust Company and executive Craig Best. It revises the schedule and amounts of employer contributions, clarifies that future contributions and interest are forfeited if the executive is terminated for cause, and specifies how the agreement may be amended. The amendment is effective as of August 29, 2015, and is signed by both the employer and the executive.
Exhibit 10.1
FIRST AMENDMENT
TO THE
AMENDED AND RESTATED
DEFERRED COMPENSATION PLAN #2
THIS FIRST AMENDMENT (the Amendment) is adopted this 29th day of August, 2015, by Peoples Security Bank and Trust Company (the Employer).
WHEREAS, the Bank adopted the Amended and Restated Deferred Compensation Plan #2 on April 22, 2014 (the Plan) to provide deferred compensation benefits to one of the Employers executives, Craig Best (the Executive); and
WHEREAS, the Bank now wishes to amend the Plan to make additional Contributions on behalf of the Executive and make other changes as well;
NOW, THEREFORE, the Bank adopts the following amendments to the Plan:
Section 2.1 of the Plan shall be deleted in its entirety and replaced by the following:
2.1 Contributions Generally. The Employer shall contribute the following amounts, at the following times, to the Contribution Account described in Article 3.
Date | Contribution | |||
January 1, 2011 | $ | 61,375 | ||
August 1, 2011 | $ | 60,000 | ||
August 1, 2012 | $ | 60,000 | ||
August 1, 2013 | $ | 60,000 | ||
August 1, 2014 | $ | 60,000 | ||
September 1, 2015 | $ | 80,258 | ||
August 1, 2016 | $ | 80,000 | ||
August 1, 2017 | $ | 80,000 | ||
August 1, 2018 | $ | 80,000 | ||
August 1, 2019 | $ | 80,000 |
Section 4.5 of the Plan shall be deleted in its entirety and replaced by the following:
4.5 Termination for Cause. If the Employer terminates the Executives employment for Cause, then the Executive shall forfeit any right to future Contributions under Section 2.1 or interest under Section 3.1.
Section 8.1 of the Plan shall be deleted in its entirety and replaced by the following:
8.1 Amendment. Except as provided below, this Agreement may be amended only by a written agreement signed by both the Employer and the Executive. Notwithstanding the foregoing, the Agreement may be amended by the Employer at any time, if found necessary in the opinion of the Employer, i) to ensure that the Agreement is characterized as plan of deferred compensation maintained for a select group of management or highly compensated employees as described under ERISA, ii) to conform the Agreement to the requirements of any applicable law or iii) to comply with the written instructions of the Employers auditors or banking regulators.
IN WITNESS WHEREOF, a duly authorized representative of the Employer has signed this Amendment.
EMPLOYER | ||
Peoples Security Bank and Trust Company | ||
By: | /s/ Michael L. Jake | |
Title: | Executive Vice President |
Acknowledged: |
/s/ Craig Best |
Craig Best |