Second Amendment to The Scotts Company Executive Retirement Plan

Summary

This amendment updates The Scotts Company Executive Retirement Plan, allowing eligible employees to defer bonuses and compensation, and clarifies that the plan supplements benefits under the company's Retirement Savings Plan. The plan remains unfunded and is intended to be exempt from certain federal retirement plan regulations. The amendment is effective as of January 1, 2000, and is executed by The Scotts Company.

EX-10.G3 11 l90295aex10-g3.txt EXHIBIT 10(G)(3) EXHIBIT 10(g)(3) Second Amendment to The Scotts Company Executive Retirement Plan, effective as of January 1, 2000 SECOND AMENDMENT TO THE SCOTTS COMPANY EXECUTIVE RETIREMENT PLAN WHEREAS, The Scotts Company (the "Company") sponsors The Scotts Company Executive Retirement Plan (the "Plan"); and WHEREAS, the Company wants to the statement of the purpose of the Plan to reflect the current function of the Plan; NOW, THEREFORE, effective as of January 1, 2000, Section I of the Plan is amended to provide: I. NAME AND PURPOSE The Scotts Company Executive Retirement Plan provides Eligible Employees with the opportunity to defer bonuses (under the Executive Annual Incentive Plan) and compensation, and supplements the benefits of Eligible Employees under The Scotts Company Retirement Savings Plan. The benefits under the Plan are to be provided from the Plan on an unfunded basis. It is intended that the Plan be exempt from the funding, participation, vesting and fiduciary provisions of Title I of ERISA. IN WITNESS WHEREOF, the Company has caused this Amendment to be executed as of the 14 day of JANUARY, 2000. THE SCOTTS COMPANY By: /s/ Hadia Lefavre -------------------------------------------------- Hadia Lefavre, Senior Vice President Human Resources Worldwide