from 10-K405
1 page
<page> Amendment No. 2 to the New Coleman Company, Inc. Retirement Plan for Salaried Employees Whereas, New Coleman Holdings Inc. (The "Employer") Maintains the New Coleman Company, Inc. Retirement Plan for Salaried Employees (The "Plan"); Whereas, the Employer Has Reserved the Right to Amend the Plan; and Whereas, It Is Desirable to Make Certain Amendments to the Plan. Now, Therefore, in Consideration of the Above Stated Premises, the Plan Shall Be Amended to Read as Follows: First: Section 2.21 of the Plan Shall Be Amended by Adding a New Paragraph at the End of Said Section to Read as Follows: Effective January 1, 1997, the Term Highly Compensated Employee Means Any Employee Who Was a 5% Owner at Anytime During the Current or Preceding Plan Year or for the Preceding Plan Year Received Compensation From the Employee in Excess of $80,000 (As Adjusted and Defined in Section 414(q)) And, if the Employer So Elects, Was in the Top-Paid 20% of Employees. the Provisions of Subsection E. Above Shall Apply in Determining Who Is a Highly Compensated Employee. Second: Section 5.1(d) Shall Be Amended by Adding a New Paragraph at the End of Said Section to Read as Follows: Effective January 1, 1997, the Term "Required Beginning Date" Means the Later of (I) the Calendar Year in Which the Employee Attains Age 70 1/2 or (II) the Calendar Year in Which the Employee Retires, Provided That Clause (II) Shall Not Apply to Any Employee Who Is a 5% Owner in the Plan Year in Which the Employee Attains Age 70 1/2. in Witness Whereof, the Employer Has Caused This Amendment Is Executed on Its Behalf as of the 10th Day of October, 1997. New Coleman Holdings Inc. by Kyle Wendt Its Secretary, Retirement and Benefits Committee <page> Attest: Elizabeth Heinemann
