FIRST AMENDMENT TO THE EMPIRE BLUE CROSS AND BLUE SHIELD EMPLOYEE SAVINGS PLAN TRUST
Exhibit 10.4(a)
FIRST AMENDMENT
TO THE
EMPIRE BLUE CROSS AND BLUE SHIELD
EMPLOYEE SAVINGS PLAN TRUST
WHEREAS, Empire HealthChoice, Inc. doing business as Empire Blue Cross and Blue Shield (Empire) has sponsored the Empire Blue Cross and Blue Shield Employee Savings Plan (the Plan) and established the Empire Blue Cross and Blue Shield Employee Savings Plan Trust (the Trust) to hold the Plans assets; and
WHEREAS, WellChoice, Inc. (the Company), as the successor to Empire adopted the Plan; adopted the Plan and has assumed the Trust; and
WHEREAS, Section 5.2 of the Trust provides for a successor employer to become the Employer under the terms of the trust in the event of a dissolution, merger or consolidation, where the successor employer is continuing to carry on all or substantially all of the business and elects to carry on the provisions of the Plan; and
WHEREAS, pursuant to Section 5.4 of the Trust, the Employer has the right to amend the Trust at any time; and
WHEREAS, the Company desires to amend the Trust, effective as of the close of business on November 7, 2002, to reflect the change in the sponsorship of the Trust.
NOW THEREFORE, effective after the close of business on November 7, 2002, the Trust is hereby amended as follows:
1. The introductory paragraph of the Trust is amended by inserting the following sentence at the end there of:
Notwithstanding the foregoing, effective as of the close of business on November 7, 2002, Employer shall mean WellChoice, Inc., a for-profit corporation.
IN WITNESS WHEREOF, the Company has executed this amendment as of this 18th day of December, 2002.
WELLCHOICE, INC. | ||
By: | /s/ Michael A. Stocker, M.D. |