First Amendment to Wilson Bank and Trust Supplemental Executive Retirement Plan Agreement with John Foster

Summary

Wilson Bank and Trust and John Foster have amended their Supplemental Executive Retirement Plan Agreement, originally effective May 22, 2015. This amendment, effective October 26, 2020, clarifies that if John Foster becomes disabled, his total annual disability benefits from the Bank will not exceed 60% of his annual base salary and bonus at the time of disability, including any other disability benefits provided by the Bank. The Bank may reduce the benefit amount to comply with this limit, but not the payment period or method.

EX-10.5 6 ex_208172.htm EXHIBIT 10.5 ex_208172.htm

 

Exhibit 10.5

 

FIRST AMENDMENT TO THE

WILSON BANK AND TRUST

SUPPLEMENTAL EXECUTIVE RETIREMENT PLAN AGREEMENT

IMPLEMENTED MAY 22, 2015

 

WHEREAS, Wilson Bank and Trust (the "Bank") and John Foster, (the "Executive") previously entered into the Wilson Bank and Trust Supplemental Executive Retirement Plan Agreement (the "Agreement"), originally effective as of May 22nd, 2015; and

 

WHEREAS, the Agreement is designed to provide retirement benefits (the "Benefits") to the Executive upon certain enumerated events, payable out of the Bank's general assets; and

 

WHEREAS, the Bank and the Executive have agreed to amend the Agreement to clarify benefit payments in the event of a Disability.

 

NOW, THEREFORE, effective October 26, 2020, the Bank and the Executive hereby amend the Agreement as follows:

 

 

1.

Paragraph 3.3(a) is hereby added as a sub-paragraph under paragraph 3.3 as follows:

 

Notwithstanding any other provision of this Agreement, if Disability Benefits are payable under this paragraph 3.3, in no event shall the Executive receive a total annual Disability Benefit from the Bank that is greater than sixty percent (60%) of the Executive's annual base salary and bonus at the time of the Disability, including from any and all other disability benefits, plans or arrangements that the Bank may provide.  The Bank reserves the right to reduce the amount of the Disability Benefit , but not the time or form of payment, in order to limit the amount of the payment as described herein, to the extent permitted and in accordance with 1.409A-3(i)(1)(ii) of the Treasury Regulations.

 

IN WITNESS WHEREOF, both parties hereto acknowledge that each has carefully read and considered this Amendment and consent to the changes contained herein. Both parties have caused this First Amendment to the Wilson Bank and Trust Supplemental Executive Retirement Plan Agreement to be executed this October 26, 2020, effective October 26, 2020.

 

WILSON BANK AND TRUST   EXECUTIVE  

 

By:  /s/ John C. McDearman III   /s/ John Foster

 

Its:  Chief Executive Officer