Executive Survivor Income Agreement, dated June 1, 2020, by and between Wilson Bank and Trust and Kayla Hawkins
Exhibit 10.76
WILSON BANK & TRUST
Executive Survivor Income Agreement
This Executive Survivor Income Agreement is made this 1st day of June, 2020, by and between Wilson Bank & Trust with its main office in Lebanon, Tennessee, (“Bank”), and KAYLA HAWKINS (“Executive”).
Whereas, to encourage the Executive to remain an employee of the Bank, the Bank is willing to provide benefits to the Executive’s beneficiary(ies) if the Executive dies prior to terminating employment. The Bank will pay the benefits from its general assets, but only so long as one of its general assets is a life insurance policy on the Executive’s life.
Whereas, this Agreement is designed primarily for purposes of providing benefits for a select group of management and highly compensated employees of the Bank and is intended to qualify as a “top hat” plan under Sections 201(2), 301(a)(3) and 401(a)(1) of the Employee Retirement Income Security Act of 1974, as amended.
Now Therefore, in consideration of the foregoing premises and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Bank and the Executive hereby agree as follows.
Whenever used in this Agreement, the following words and phrases shall have the meanings specified:
(a) Gross negligence or gross neglect of duties;
(b) Commission of a felony or of a gross misdemeanor involving moral turpitude; or
(c) Fraud, disloyalty, or willful violation of any law or significant Bank policy committed in connection with the Executive’s employment and resulting in an adverse effect on the Bank.
(a) Initiation: Written Claim. The claimant initiates a claim by submitting to the Bank a written claim for the benefits.
(b) Timing of Bank Response. The Bank shall respond to such claimant within 90 days after receiving the claim. If the Bank determines that special circumstances require additional time for processing the claim, the Bank can extend the response period by an additional 90 days by notifying the claimant in writing, prior to the end of the initial 90-day period, that an additional period is required. The notice of extension must set forth the special circumstances and the date by which the Bank expects to render its decision.
(c) Notice of Decision. If the Bank denies part or all of the claim, the Bank shall notify the claimant in writing of such denial. The Bank shall write the notification in a manner calculated to be understood by the claimant. The notification shall set forth:
i. The specific reasons for the denial;
ii. A reference to the specific provisions of the Agreement on which the denial is based;
iii. A description of any additional information or material necessary for the claimant to perfect the claim and an explanation of why it is needed;
iv. An explanation of the Agreement’s review procedures and the time limits applicable to such procedures; and
v. A statement of the claimant’s right to bring a civil action under ERISA (Employee Retirement Income Security Act) Section 502(a) following an adverse benefit determination on review.
(a) Initiation: Written Request. To initiate the review, the claimant, within 60 days after receiving the Bank’s notice of denial, must file with the Bank a written request for review.
(b) Additional Submissions: Information Access. The claimant shall then have the opportunity to submit written comments, documents, records, and other information relating to the claim. The Bank shall also provide the claimant, upon request and free of charge, reasonable access to, and copies of, all documents, records, and other information relevant (as defined in applicable ERISA regulations) to the claimant’s claim for benefits.
(c) Considerations on Review. In considering the review, the Bank shall take into account all materials and information the claimant submits relating to the claim, without regard to whether such information was submitted or considered in the initial benefit determination.
(d) Timing of Bank Response. The Bank shall respond in writing to such claimant within 60 days after receiving the request for review. If the Bank determines that special circumstances require additional time for processing the claim, the Bank can extend the response period by an additional 60 days by notifying the claimant in writing, prior to the end of the initial 60-day period, that an additional period is required. The notice of extension must set forth the special circumstances and the date by which the Bank expects to render its decision.
(e) Notice of Decision. The Bank shall notify the claimant in writing of its decision on review. The Bank shall write the notification in a manner calculated to be understood by the claimant. The notification shall set forth:
i. The specific reasons for the denial;
ii. A reference to the specific provisions of the Agreement on which the denial is based;
iii. A statement that the claimant is entitled to receive, upon request and free of charge, reasonable access to, and copies of, all documents, records, and other information relevant (as defined in applicable ERISA regulations) to the claimant’s claim for benefits; and
iv. A statement of the claimant’s right to bring a civil action under ERISA Section 502(a).
(a) Interpreting the provisions of the Agreement;
(b) Establishing and revising the method of accounting for the Agreement;
(c) Maintaining a record of benefit payments; and
(d) Establishing rules and prescribing any forms necessary or desirable to administer the Agreement.
(a) If to the Bank, to: |
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Wilson Bank & Trust |
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ATTN: Lisa Pominski |
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PO 768 |
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Lebanon, TN 37088 |
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(b) If to the Executive, to: |
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and to such other or additional person or persons as either party shall have designated to the other party in writing by like notice.
IN WITNESS WHEREOF, the Executive and a duly authorized Bank Officer have signed this Agreement.
Executive: |
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| Bank: |
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By: | /s/ Kayla Hawkins |
| By: | /s/ John C. McDearman III |
| KAYLA HAWKINS |
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| Wilson Bank & Trust |
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Its: |
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| Its: | CEO |
| (Signature of Executive) |
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SCHEDULE A
KAYLA HAWKINS | |
Age | Benefit Amount |
33 | 250,000 |
34 | 250,000 |
35 | 250,000 |
36 | 250,000 |
37 | 250,000 |
38 | 250,000 |
39 | 250,000 |
40 | 250,000 |
41 | 250,000 |
42 | 250,000 |
43 | 250,000 |
44 | 250,000 |
45 | 250,000 |
46 | 250,000 |
47 | 250,000 |
48 | 250,000 |
49 | 250,000 |
50 | 250,000 |
51 | 250,000 |
52 | 250,000 |
53 | 250,000 |
54 | 250,000 |
55 | 250,000 |
56 | 250,000 |
57 | 250,000 |
58 | 250,000 |
59 | 250,000 |
60 | 250,000 |
61 | 250,000 |
62 | 250,000 |
63 | 250,000 |
64 | 250,000 |
65 | 250,000 |
66 | 250,000 |
67 | 250,000 |
68 | 250,000 |
69 | 250,000 |
70 | 0 |
WILSON BANK & TRUST
EXECUTIVE SURVIVOR INCOME AGREEMENT
DESIGNATION OF BENEFICIARY
KAYLA HAWKINS_______________________________
Definitions:
Primary Beneficiary means the person(s) who will receive the Benefits in the event of the Executive’s death. Proceeds will be divided in equal shares if multiple primary beneficiaries are named, unless otherwise indicated. If percentages are listed, the total must equal 100%.
Contingent Beneficiary means the person(s) who will receive the Benefits if the primary beneficiary is not living at the time of the Executive’s death.
Trust as Beneficiary Designation can be done by using the following written statement: “To [name of trustee, trustee of the [name of trust], under a trust agreement dated [date of trust].”
Primary Beneficiary DOB Social Security # Address % of Proceeds
____________________ ____ _______________ ___________________________ _______
____________________ ____ _______________ ___________________________ _______
Contingent Beneficiary DOB Social Security # Address % of Proceeds
____________________ ____ _______________ ___________________________ _______
____________________ ____ _______________ ___________________________ _______
The undersigned employee acknowledges that Wilson Bank & Trust (“Bank”) is providing this Death Benefit subject to the terms and conditions of the Agreement entered into with Executive.
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Executive's Signature |
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Acknowledged Receipt by the Bank:
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Officer |
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This beneficiary designation supersedes all previously executed beneficiary designations.