Fourth Amendment to the Premcor Retirement Savings Plan by The Premcor Refining Group Inc.

Summary

This amendment, effective January 1, 2001, modifies the Premcor Retirement Savings Plan established by The Premcor Refining Group Inc. The changes involve removing specific language from Sections 2.12 and 4.1 of the Plan. The amendment was executed by a company officer on February 28, 2003. The document outlines the company's right to make such amendments and specifies the exact changes to the Plan's terms.

EX-10.38 11 dex1038.txt FOURTH AMENDMENT TO THE PREMCOR RETIREMENT SAVINGS PLAN Exhibit 10.38 FOURTH AMENDMENT TO THE PREMCOR RETIREMENT SAVINGS PLAN WHEREAS, The Premcor Refining Group Inc. ("Company") previously established the Premcor Retirement Savings Plan ("Plan"); and WHEREAS, the Company reserved the right to amend the Plan in Section 16.1 thereof; and WHEREAS, the Company desires to amend the Plan effective January 1, 2001; NOW, THEREFORE, effective January 1, 2001, the Plan is amended as follows: 1. Section 2.12 is amended by deleting the following phrase from the end of the first paragraph thereof: "and, if the Employer so elects for the look-back year, was in the top-paid group of Employees for such look-back year." 2. Section 4.1 is amended by deleting the last sentence thereof. IN WITNESS WHEREOF, the Company has caused this amendment to be executed by a duly authorized officer this 28th day of February, 2003. THE PREMCOR REFINING GROUP INC. By: /s/ James R. Voss ----------------- Name: James R. Voss Title: Senior Vice President