AMENDMENT NO. 1 TO THE UNIFIED WESTERN GROCERS, INC. EMPLOYEE SAVINGS PLAN

EX-10.9.1 6 dex1091.htm AMENDMENT NO. 1 TO THE EMPLOYEE SAVINGS PLAN, AMENDED AS OF APRIL 16, 2002 Amendment No. 1 to the Employee Savings Plan, amended as of April 16, 2002

Exhibit 10.9.1

AMENDMENT NO. 1

TO THE

UNIFIED WESTERN GROCERS, INC.

EMPLOYEE SAVINGS PLAN

Effective as of August 31, 1997, the definition of “Employee” in Section 1.2 of the Unified Western Grocers, Inc. Employee Savings Plan (the “Plan”) is amended and restated to read as follows:

“‘Employee’ shall mean every person classified by the Company as a common law, hourly employee of the Company and any Affiliated Company that has adopted the Plan with the permission of the Board of Directors. With respect to persons employed in a United Grocers facility, ‘Employee’ shall mean every person classified by the Company as a common law, collectively bargained employee of such a facility (‘United Employee’). ‘Employee’ shall not include any person who is (i) employed by or through a leasing, temporary, or similar agency or company, or (ii) classified by the Company as a leased employee (‘Leased Employee’) of the Company or any such Affiliated Company. For this purpose, a Leased Employee is a person whose services are performed under primary direction or control by the Company or any Affiliated Company on a substantially full time basis for a period of at least one year in accordance with Code Section 414(n)(2). If any person described in the preceding sentence is determined to be a common law employee of the Company by court decision or otherwise, such person shall nonetheless continue to be treated as not being an Employee.’

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IN WITNESS WHEREOF, Unified Western Grocers, Inc. has executed this Amendment this 16 day of April, 2002.

 

UNIFIED WESTERN GROCERS, INC.
By:    /s/ Don Gilpin
Its:    Vice President, Human Resources