Ninth Amendment to Taylor Capital Group, Inc. 401(k) Plan (Effective October 1, 1998)
This amendment updates the Taylor Capital Group, Inc. 401(k) Plan, effective as of October 1, 1998. It corrects a cross-reference, updates references to tax code sections, changes compensation thresholds for certain plan provisions, and clarifies that hardship distributions are not eligible for rollover. The amendment is executed by an authorized committee member on December 18, 2002.
EXHIBIT 10.60
NINTH AMENDMENT
OF
TAYLOR CAPITAL GROUP, INC. 401(K) PLAN
(Effective as of October 1, 1998)
WHEREAS, Taylor Capital Group, Inc. (the Company) maintains the Taylor Capital Group, Inc. 401(k) Plan (Effective as of October 1, 1998) (the Plan); and
WHEREAS, amendment of the Plan is now considered desirable;
NOW, THEREFORE, by virtue of the power reserved to the Company by subsection 15.1 of the Plan, and in exercise of the authority delegated to the Committee established pursuant to Section 16 of the plan (the Committee) by subsection 15.1 of the Plan, the Plan is hereby amended in the following particulars:
4. Effective October 1, 1998, by correcting the cross-reference in subsection 2.2 of the Plan from subsection 3.4 to subsection 3.1.
5. Effective January 1, 1998, by substituting the phrase Code Sections 125 or 132(f)(4) for the phrase Code Section 125 where the latter appears in subsection 7.1.
6. Effective January 1, 1999, by substituting the following for subparagraph 7.7(b) of the Plan:
(b) | received compensation from an Employer or any Controlled Group Member in excess of $80,000 during the preceding year. |
7. Effective January 1, 1999, by adding the following at the end of paragraph 11.4(a) of the Plan:
A hardship distribution (as described in Code Section 401(k)(2)(B)(i)(IV)) shall not be an eligible rollover distribution.
IN WITNESS WHEREOF, the undersigned duly authorized member of the Committee has caused the foregoing amendment to be executed this 18th day of December, 2002.
/s/ MELVIN E. PEARL |
On behalf of the Committee as Aforesaid |