Neiman Marcus 2007 Annual Report Download - page 172
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FOURTH AMENDMENT
Pursuant to Section 6.1of The Neiman Marcus Group, Inc. Supplemental Executive Retirement (the "Plan") is hereby
amended, effective as of December 31, 2007, in the following respects only:
FIRST: Article I of the Plan is hereby amended by adding the following new Sections 1.21 and 1.22 to the end thereof:
1.21 "Grandfathered Rule of 65 Employee" means a Rule of 65 Employee who either: (i) expressly
elected to remain eligible to participate in the Basic Plan in accordance with an election made n 2007, or
(ii) implicitly elected to remain eligible to participate in the Basic Plan by failing to make a timely election to the
contrary and thereby acquiescing to such an election by default.
1.22 "Rule of 65 Employee" means an Eligible Employee as of December 31, 2007 whose age as of
December 31, 2007 when added to the number of his or her years of Vesting Service under the Basic Plan as of
December 31, 2007 was equal to or in excess of 65.
SECOND: Article 2 of the Plan is hereby amended by adding the following new Section 2.4 to the end thereof:
2.4 Participation After December 31, 2007. A Participant who is a Grandfathered Rule of 65 Employee as
of December 31, 2007 shall continue to be a Participant under the Plan thereafter, subject to and in accordance with
the terms of the Plan; provided, however, that if a Grandfathered Rule of 65 Employee has a Termination of
Employment after December 31, 2007, such employee shall not be treated as a Grandfathered Rule of 65 Employee
upon any later reemployment by a Participating Employer. Any provisions of the Plan to the contrary
notwithstanding, no individual shall become an Eligible Employee on or after January 1, 2008 who was not an
Eligible Employee on December 31, 2007 and, thus, there shall be no new Participants in the Plan on and after such
date, and a Participant who is not a Grandfathered Rule of 65 Employee shall remain a Participant in the Plan after
December 31, 2007 as provided in Section 2.2 as long as he or she is entitled to receive a benefit under the Plan, but
no additional benefit shall accrue for any Participant who is not a Grandfathered Rule of 65 Employee under the
Plan after December 31, 2007, subject to the following:
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