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Title: |
Benefit Restoration Plan |
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Entities: |
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Date: |
2005 |
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Size: |
42KB total |
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Price: |
$44 |
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ID: |
#1004128 |
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Start of Preview |
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BENEFIT RESTORATION PLAN
OF
ROME BANCORP, INC.
________________________________
Amended and Restated
Effective as of December 21, 2005
Table of Contents
Page
ARTICLE I
DEFINITIONS
|
Section 1.1 |
Affiliated Employer |
1 |
|
Section 1.2 |
Applicable Limitation |
1 |
|
Section 1.3 |
Bank |
1 |
|
Section 1.4 |
Beneficiary |
1 |
|
Section 1.5 |
Board |
1 |
|
Section 1.6 |
Code |
2 |
|
Section 1.7 |
Committee |
2 |
|
Section 1.8 |
Company |
2 |
|
Section 1.9 |
Eligible Employee |
2 |
|
Section 1.10 |
Employee |
2 |
|
Section 1.11 |
Employer |
2 |
|
Section 1.12 |
Employer Contributions |
2 |
|
Section 1.13 |
ERISA |
2 |
|
Section 1.14 |
ESOP |
2 |
|
Section 1.15 |
Exchange Act |
2 |
|
Section 1.16 |
Fair Market Value of a Share |
2 |
|
Section 1.17 |
Former Participant |
3 |
|
Section 1.18 |
Savings Plan |
3 |
|
Section 1.19 |
Participant |
3 |
|
Section 1.20 |
Plan |
3 |
|
Section 1.21 |
Share |
3 |
|
Section 1.22 |
Stock Unit |
3 |
|
Section 1.23 |
Termination of Service |
3 |
ARTICLE II
PARTICIPATION
|
Section 2.1 |
Eligibility for Participation. |
3 |
|
Section 2.2 |
Commencement of Participation. |
4 |
|
Section 2.3 |
Termination of Participation. |
4 |
ARTICLE III
BENEFITS TO PARTICIPANTS
|
Section 3.1 |
Supplemental Savings Benefit. |
4 |
|
Section 3.2 |
Supplemental ESOP Benefits. |
5 |
|
Section 3.3 |
Restored ESOP Benefits. |
7 |
i
Table of Contents
(continued)
Page
ARTICLE IV
DEATH BENEFITS
|
Section 4.1 |
Supplemental Savings Plan Death Benefits. |
7 |
|
Section 4.2 |
Supplemental ESOP Death Benefits. |
8 |
|
Section 4.3 |
Restored ESOP Death Benefits. |
8 |
|
Section 4.4 |
Beneficiaries. |
8 |
ARTICLE V
TRUST FUND
|
Section 5.1 |
Establishment of Trust. |
9 |
|
Section 5.2 |
Contributions to Trust. |
9 |
|
Section 5.3 |
Unfunded Character of Plan. |
9 |
ARTICLE VI
ADMINISTRATION
|
Section 6.1 |
The Committee. |
9 |
|
Section 6.2 |
Liability of Committee Members and their Delegates |
10 |
|
Section 6.3 |
Plan Expenses |
11 |
|
Section 6.4 |
Facility of Payment. |
11 |
ARTICLE VII
AMENDMENT AND TERMINATION
|
Section 7.1 |
Amendment by the Company. |
11 |
|
Section 7.2 |
Termination. |
11 |
|
Section 7.3 |
Amendment or Termination by Other Employers. |
12 |
ARTICLE VIII
MISCELLANEOUS PROVISIONS
|
Section 8.1 |
Construction and Language. |
12 |
|
Section 8.2 |
Headings. |
12 |
|
Section 8.3 |
Non-Alienation of Benefits. |
12 |
|
Section 8.4 |
Indemnification. |
13 |
|
Section 8.5 |
Severability. |
13 |
|
Section 8.6 |
Waiver. |
13 |
ii
Table of Contents
(continued)
Page
|
Section 8.7 |
Governing Law. |
13 |
|
Section 8.8 |
Taxes. |
13 |
|
Section 8.9 |
No Deposit Account. |
13 |
|
Section 8.10 |
No Right to Continued Employment. |
14 |
|
Section 8.11 |
Status of Plan Under ERISA. |
14 |
|
Section 8.12 |
Restrictions on Payments to Key Employees. |
14 |
|
Section 8.13 |
Compliance with Section 409A of the Code. |
14 |
iii
BENEFIT RESTORATION PLAN
OF
ROME BANCORP, INC.
ARTICLE I
DEFINITIONS
Wherever appropriate to the purposes of the Plan, capitalized terms shall have the meanings assigned to them under the Savings Plan or ESOP, as applicable; provided, however, that the following special definitions shall apply for purposes of the Plan, unless a different meaning is clearly indicated by the context:
Section 1.1 Affiliated Employer means any corporation which is a member of a controlled group of corporations (as defined in section 414(b) of the Code) that includes the Company; any trade or business (whether or not incorporated) that is under common control (as defined in section 414(c) of the Code) with the Company; any organization (whether or not incorporated) that is a member of an affiliated service group (as defined in section 414(m) of the Code) that includes the Company; any leasing organization (as defined in section 414(n) of the Code) to the extent that any of its employees are required pursuant to section 414(n) of the Code to be treated as employees of the Company; and any other entity that is required to be aggregated with the Company pursuant to regulations under section 414(o) of the Code.
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