EXHIBIT 10(n)
FIRST AMENDMENT TO THE
CRIIMI MAE MANAGEMENT, INC. RETIREMENT PLAN
CRIIMI MAE Management, Inc. (the "Employer") having heretofore adopted the
CRIIMI MAE Management, Inc. Retirement Plan and Trust, a prototype plan document
consisting of the Plan Agreement #001 and the Xxxxxx Basic Plan Document #07
(the "Plan") effective as of September 1, 1997, pursuant to the power reserved
to the Employer in Section 17.1 of the Plan, hereby amends the Plan Agreement as
set forth below.
1. Subsection A.(4) of section 3. is amended in its entirety effective as
of September 1, 1997, to read as follows:
3. Eligibility for Plan Participation (Plan Section 3.1). Employees
will be eligible to participate in the Plan when they complete the
requirements you select in A,B,C and D below.
A. Classes of Eligible Employees. The Plan will cover all
employees who have met the age and service requirements with
the following exclusions:
(1) No exclusions. All job classifications will be
eligible.
X (2) Plan will exclude employees in a unit of Employees
covered by a collective bargaining agreement with
respect to which retirement benefits were the subject
of good faith bargaining, with the exception of the
following collective bargaining units, which will be
included: .
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X (3) The Plan will exclude employees who are non-resident
aliens without U.S. source income.
X (4) Employees of the following Affiliated Employers
(specify):
CRIIMI MAE, Inc.
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CRIIMI, Inc.
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CRI Liquidating REIT, Inc.
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CRIIMI MAE Financial Corp.
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CRIIMI MAE Financial III
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CRIIMI MAE Financial II
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(5) Leased Employees
(6) Employees in the following other classes (specify):
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2. Subsection A.(1).(d) of Section 7. Is amended in its entirety effective
as of September 1, 1997, to read as follows:
7. Compensation (Plan Section 2.8).
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X. Xxxxxx.
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(1) Elective Deferrals and Employer Matching
Contributions. Compensation for the purposes of
determining the amount and allocation of Elective
Deferrals and Employer Matching Contributions will be
determined as follows (choose either (a) or (b), and
(c) and/or (d) as applicable).
X (a) Compensation will include Form W-2
earnings as defined in Section 2.8 of
the Plan.
(b) Compensation will include all
compensation included in the definition
of Code Section 415 Compensation in
Plan Section 6.5(b) of the Plan.
X (c) In addition to the amount provided in
either (a) or (b) above, Compensation
will also include any amounts withheld
from the employee under a 401(k) plan,
cafeteria plan, SARSEP, tax sheltered
403(b) arrangement, or Code Section 457
deferred compensation plan, and
contributions described in Code
Section 414(h)(2) that are picked up
by a governmental employer.
X (d) Compensation will also exclude the
following amount (choose each that
applies):
(i) overtime Pay.
X (ii) bonuses.
(iii) commissions.
X (iv) other pay (describe): Auto
Allowance, Stock Compensation,
Referral Fees, Air Fare Bonus,
BWI Bonus, Group Term Life
Insurance benefit, Long Term
Disability benefit, Moving
Expenses and Tuition
Reimbursement.
(v) compensation in excess of $
--
In all other respects, the Plan provisions remain in full force and effect.
IN WITNESS, WHEREOF, the Employer has caused the First Amendment to the Plan to
be duly executed in its name and behalf and its corporate seal to be affixed
this First day of September, 1997.
ATTEST:
CRIIMI MAE Management, Inc. Retirement Plan Xxxxxx Fiduciary Trust Company
By: /s/ Xxxxxxx X. Xxxxxx By: /s/ Xxxxxxxxxxx Xxxxxxxxxx
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Title: Senior Vice President/CFO Title: Vice President
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Date: September 1, 1997 Date: June 12, 1998
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EXHIBIT 10(o)
SECOND AMENDMENT TO THE
CRIIMI MAE MANAGEMENT, INC. RETIREMENT PLAN
CRIIMI MAE Management, Inc. (the "Employer") having heretofore adopted the
CRIIMI MAE Management, Inc. Retirement Plan, a prototype plan document
consisting of the Plan Agreement #001 and the Xxxxxx Basic Plan Document #07
(the "Plan") effective as of September 1, 1997, pursuant to the power reserved
to the Employer in Section 17.1 of the Plan, hereby amends the Plan Agreement as
set forth below.
1. Subsection C.(8) of Section 3. of the Plan Agreement is hereby amended
effective April 1, 1999, by striking said subsection in its entirety
and by substituting the following new paragraph in lieu thereof:
"(8) Entry Dates. Each employee in an eligible class who completes
the age and service requirements specified above will begin to
participate in the Plan on (check one):
(a) The first day of the month in which he fulfills the
requirements.
X (b) The first of the following dates occurring after he
fulfills the requirements (check one):
(i) The first day of the month following the date he
fulfills the requirements (monthly).
X (ii) The first day of the first, fourth, seventh
and tenth months in a Plan Year (quarterly).
(iii) The first day of the first month and the
seventh month in a Plan Year (semiannually).
(c) Other: (May be no later than (i) the first day of
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the Plan Year after which he fulfills the
requirements, and (ii) the date six months after
the date on which he fulfills the requirements,
which ever occurs first.)."
2. Subsection A.(3) of Section 4. of the Plan Agreement is hereby amended
effective April 1, 1999, by striking said subsection in its entirety
and substituting the following new paragraph in lieu thereof:
"(3) A Participant may begin to make Elective Deferrals, or
change the amount of his Elective Deferrals, as of the
following dates (check one):
(a) First business day of each month (monthly).
X (b) First business day of the first, fourth, seventh and
tenth months of the Plan Year (quarterly).
(c) First business day of the first and seventh months of
the Plan Year (semiannually).
(d) First business day of the Plan Year only (annually).
(e) Other: . "
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In all other respects, the Plan provisions remain in full force and effect.
IN WITNESS, WHEREOF, the Employer has caused the Second Amendment to the Plan to
be duly executed in its name and behalf and its corporate seal to be affixed
this First day of December 1999.
ATTEST:
CRIIMI MAE Management, Inc. Xxxxxx Fiduciary Trust Company
By: /s/ X. Xxxxxxx Xxxxxxxxxx By: /s/ Xxxx X. Xxxxxxxx
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Title: President and Secretary Title: SVP Compliance and Consulting
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Date: December 1, 1999 Date: January 22, 2001
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EXHIBIT 10(p)
THIRD AMENDMENT TO THE
CRIIMI MAE MANAGEMENT, INC. RETIREMENT PLAN
CRIIMI MAE Management, Inc.(the "Employer") having heretofore adopted the CRIIMI
MAE Management, Inc. Retirement Plan, a prototype plan document consisting of
the Plan Agreement #001 and the Xxxxxx Basic Plan Document #07 (the "Plan")
effective as of September 1, 1997, pursuant to the power reserved to the
Employer in Section 17.1 of the Plan, hereby amends the Plan Agreement as set
forth below.
1. Subsection B.(2) of Section 4., of the Plan Agreement is hereby amended
effective January 1, 2001, by striking said subsection in its entirety
and by substituting the following new paragraph in lieu thereof:
"(2) Qualified Participant. In order to receive an allocation of
Employer Matching Contributions for a Plan Year, an Employee
must be a Qualified Participant for that purpose. Select
below either (a) alone, or any combination of (b), (c)
and (d).
(a) To be a Qualified Participant eligible to receive
Employer Matching Contributions for a Plan Year, an
Employee must (check (i) or (ii)):
(i) Either be employed on the last day of the
Plan Year, complete more than 500 Hours of
Service in the Plan Year, or retire, die or
become disabled in the Plan Year.
(ii) Either be employed on the last day of the Plan
Year or complete more than 500 Hours of Service
in the Plan Year.
Stop here if you checked (a). If you did not
check (a), check (b), (c) or (d), or any
combination of (b), (c) and (d).
To be a Qualified Participant eligible to
receive Employer Matching Contributions for
a Plan Year, an Employee must:
X (b) Be credited with 1 (choose 1, 501 or 1000) Hours
of Service in the Plan Year.
(c) Be an Employee on the last day of the Plan Year.
(d) Retire, die or become disabled during the Plan
Year."
2. Subsection A.(3) of Section 9., of the Plan Agreement is hereby amended
effective January 1, 2001, by striking said subsection in its entirety
and by substituting the following new paragraph in lieu thereof:
"(3) Vesting Schedules:
(a) 100% vesting immediately upon participation in the Plan.
X (b) Five-Year Graded Schedule:
Vested Percentage 20% 40% 60% 80% 100%
Years of Service 1 2 3 4 5
(c) Seven-Year Graded Schedule:
Vested Percentage 20% 40% 60% 80% 100%
Years of Service 3 4 5 6 7
(d) Six-Year Graded Schedule:
Vested Percentage 20% 40% 60% 80% 100%
Years of Service 2 3 4 5 6
(e) Three-Year Cliff Schedule:
Vested Percentage 0% 100%
Years of Service 0-2 3
(f) Five-Year Cliff Schedule:
Vested Percentage 0% 100%
Years of Service 0-4 5
(g) Other Schedule (must be at least as favorable as
Seven-Year Graded Schedule or Five-Year Cliff Schedule):
(i) Vested Percentage % % % % %
-- -- -- -- --
(ii) Years of Service "
-- -- -- -- --
3. In all other respects, the Plan provisions remain in full force and
effect.
IN WITNESS, WHEREOF, the Employer has caused the Third Amendment to the Plan to
be duly executed in its name and behalf and its corporate seal to be affixed as
of the date signed below.
ATTEST:
CRIIMI MAE Management, Inc. Xxxxxx Fiduciary Trust Company
By: /s/ X. Xxxxxxx Xxxxxxxxxx By: /s/ Xxxx X. Xxxxxxxx
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Print Name: X. Xxxxxxx Xxxxxxxxxx Print Name: Xxxx X. Xxxxxxxx
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Title: President and Secretary Title: SVP Compliance &
-------------------------- Consulting
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Date: December 20, 2000 Date: January 22, 2001
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