Napa Auto Parts 2010 Annual Report Download - page 69

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The word “Solely” in the first sentence is deleted.
The words “in excess of” are deleted and a period is added after the word “employees”. A new sentence is begun, reading “Benefits in this Plan are not
subject to” before the words “the limitations on benefits imposed”.
The word “and” is deleted after the phrase (“the Code”), and a period is added. A new sentence is then begun, beginning “The Plan”.
In the fourth paragraph of Section 1.01:
The words “this Plan is” in the first sentence are replaced with “this Plan was”.
The second sentence is deleted and replaced with the following two sentences: “Consequently, no additional employees commenced participation in the Plan
between January 1, 2009 and December 31, 2010. Effective January 1, 2011, the Plan is amended to allow additional employees to become eligible to
participate in the Plan and to establish a new benefit formula for employees who commence participation in the Plan on or after January 1, 2011.
A new paragraph five is added to the Plan as follows:
The benefit formula applicable to employees who commenced participation in the Plan before January 1, 2009 is known as the Part A Formula (see Articles
5 and 6). The benefit formula applicable to employees who commence participation in the Plan on or after January 1, 2011 is known as the Part B
Formula (see Articles 7 and 8). Key Employees (as defined in Section 2.01) earn a benefit under the Part A Formula. Key Participants (as defined in
Section 2.02) earn a benefit under the Part B Formula. Stated another way, a Key Employee is NOT eligible for benefits under the Part B Formula and a
Key Participant is NOT eligible for benefits under the Part A Formula. Unless specified otherwise, the terms of the Plan apply to both Key Employees and
Key Participants.”
A new paragraph six is added to the Plan as follows:
“For clarity, no employee may commence participation as a Key Employee under the Part A Formula on or after January 1, 2009. All employees who
commence participation in the Plan on or after January 1, 2011 will participate in this Plan as Key Participants and will be subject to the Part B Formula.
Again, as noted above, no employee commenced participation in the Plan during 2009 or 2010.”
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