AMENDMENTTO THE CINERGYCORP. EXCESS PENSION PLAN
Exhibit 10.uuu
AMENDMENT TO THE
CINERGY CORP. EXCESS PENSION PLAN
The Cinergy Corp. Excess Pension Plan, as amended and restated effective as of January 1, 1998 and as further amended from time to time (the Plan), is hereby amended effective as of January 1, 2005.
(1) Explanation of Amendment
The Plan is amended to provide that a Participants benefit under the Plan, if any, shall be determined without taking into account the provision of the Cinergy Corp. Non-Union Employees Pension Plan which provides that, in the event the Participants highest average annual earnings occurs other than during his last 36 months of participation, the Participants highest average earnings shall be calculated as if the accrued vacation pay, if any, that was received by the Participant was received during the last month that occurs during the period that is used for purposes of determining the Participants highest average earnings.
(2) Amendment
Section 1.22 of the Plan is hereby by adding the following to the end thereof:
Notwithstanding the foregoing, a Participants benefit under the Plan shall be calculated without taking into account the provision in Cinergys Pension Plan which provides that, in the event the Participants highest average annual Earnings (as defined in Cinergys Pension Plan) occurs other than during his last 36 months of Participation (as defined in Cinergys Pension Plan), the Participants Highest Average Earnings (as defined in Cinergys Pension Plan) shall be calculated as if the Accrued Vacation Pay (as defined in Cinergys Pension Plan), if any, that was received by the Participant was received during the last month that occurs during the period that is used for purposes of determining the Participants Highest Average Earnings (as defined in Cinergys Pension Plan).
IN WITNESS WHEREOF, Cinergy Corp. has caused this Amendment to be executed and approved by its duly authorized officer as of the date set forth above.
| By: | /s/ Timothy J. Verhagen 12/17/04 |
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| Timothy J. Verhagen | |
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| Vice President of Human Resources |
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