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Title: |
Excess Benefit Plan |
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Entities: |
Maritrans Inc. |
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Date: |
2006 |
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Size: |
Preview shows 9KB of 36KB total |
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Price: |
$34 |
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ID: |
#2633929 |
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Start of
Preview |
MARITRANS INC
EXCESS BENEFIT PLAN
as Amended and Restated Effective January 1, 2005
WHEREAS, Maritrans Inc. (the Company) sponsors the Retirement Plan of Maritrans Inc. (the Retirement Plan) and the Profit Sharing Plan and Savings Plan of Maritrans Inc. (the Profit Sharing Plan) for those of its employees eligible to participate; and
WHEREAS, the Company maintains the Retirement Plan and the Profit Sharing Plan in conformance with the requirements of the Internal Revenue Code of 1986, as amended (the Code) and the Employee Retirement Income Security Act of 1974, as amended (ERISA); and
WHEREAS, the requirements of the Code do not permit either the Retirement Plan or the Profit Sharing Plan to provide benefits to, or contributions for, any participant in excess of the monetary limits imposed by Section 415 of the Code or to base such benefits or contributions on compensation in excess of the monetary limits imposed by Section 401(a)(17) of the Code (both as indexed); and
WHEREAS, the Company is permitted by ERISA to establish an unfunded plan to provide for the payments of benefits to, and contributions for, certain employees to supplement the benefits paid under the Retirement Plan, or contributions made to the Profit Sharing Plan, which would otherwise exceed the limits imposed, and, therefore, the Company also sponsors this Excess Benefit Plan (the Plan), which was originally effective as of January 1, 1983, for the benefit of certain of its employees to accomplish the objectives discussed above; and
WHEREAS, under Section 409A of the Code, certain changes to the Plan are now required or desirable, and pursuant to Section 9.1, the Board of Directors of the Company (the Board) may amend the Plan;
WHEREAS, the Board desires to delegate authority to the Compensation Committee of the Board to amend the Plan;
WHEREAS, the Board desires to delegate authority to the Retirement Plans Committee of Maritrans Inc. to administer the Plan;
NOW THEREFORE, the Plan is amended and restated in its entirety, effective as of January 1, 2005; provided, however, that the Plan, as adopted, shall apply only to an employee who begins to receive a benefit or terminates employment on or after January 1, 2005. The rights and benefits of any other employee shall be determined under the Plan as in effect on the date that the employees employment terminated.
ARTICLE I
DEFINITIONS
Account. Account means, with respect to a Participant, the Account established on the books of account of the Company, pursuant to Article IV.
Actuarial Equivalent. Actuarial Equivalent means a benefit of equivalent value determined in accordance with the actuarial factors and assumptions used for the same purpose under the Retirement Plan
Affiliate. Affiliate means any firm, partnership, or corporation that directly or indirectly through one or more intermediaries, controls, is controlled by, or is under common control with Maritrans.
Benefit. Benefit means the benefit to which a Participant, surviving spouse, or beneficiary is entitled in accordance with Articles III and IV.
Board. Board means the Board of Directors of Maritrans Inc.
Change of Control. Change of Control means a Change of Control as defined under the Maritrans Inc. 2005 Omnibus Equity Compensation Plan.
Code. Code means the Internal Revenue Code of 1986, as amended from time to time.
Committee. Committee means the Retirement Plans Committee of Maritrans, Inc.
Company. Company means Maritrans Inc. and its Affiliates that are participating employers under the Retirement Plan and the Profit Sharing Plan.
Compensation Committee. Compensation Committee means the Compensation Committee of the Board.
Credited Service. Credited Service means Credited Service as defined under the Retirement Plan.
Early Retirement Date. Early Retirement Date means the Participants Optional Early Retirement Date as defined in Section 5.2 of the Retirement Plan.
Effective Date. Effective Date means January 1, 2005. The original effective date was January 1, 1983.
Eligible Employee. Eligible Employee means any Employee who is a participant in the Retirement Plan whose benefit under the Retirement Plan upon retirement would be reduced so as not to violate the monetary limits imposed by Section 415 or Section 401(a)(17) of the Code, or any Employee who is a participant in the Profit Sharing Plan for whom an additional contribution by the Company would have been made to the Profit Sharing Plan but for the monetary limits imposed by Sections 415 or Section 401(a)(17) of the Code.