EXHIBIT 10.24
LIFE INSURANCE
ENDORSEMENT METHOD SPLIT DOLLAR PLAN
AGREEMENT
Insurer: Canada Life Assurance Company
Policy Number: XX0000000
Bank: Northside Bank of Tampa
Insured: Xxxxxx X. Xxxxxx
Relationship of Insured to Bank: Director
The respective rights and duties of the Bank and the Insured in the subject
policy shall be as defined in the following:
I. DEFINITIONS
Refer to the policy contract for the definition of all terms in this Agreement.
POLICY TITLE AND OWNERSHIP
Title and ownership shall reside in the Bank for its use and for the use of the
Insured all in accordance with this Agreement. - The Bank alone may, to the
extent of its interest, exercise the right to borrow or withdraw on the Policy
cash values. Where the Bank and the Insured (or assignee, with the consent of
the Insured) mutually agree to exercise the right to increase the coverage under
the subject split dollar Policy, then, in such event, the rights, duties and
benefits of the parties to such increased coverage shall continue to be subject
to the terms of this Agreement.
BENEFICLARY DESIGINATION RIGHTS
The Insured (or assignee) shall have the right and power to designate a
beneficiary or beneficiaries to receive his share of the proceeds payable upon
the death of the Insured, and to elect and change a payment option for such
beneficiary, subject to any right or interest the Bank may have in such
proceeds, as provided in this Agreement.
IV. PREMIUM PAYMENT METHOD
The Bank shall pay an amount equal to the planned premiums and any other Premium
payments that might become necessary to keep the policy in force.
V. TAXABLE BENEFIT
Annually the Insured will receive a taxable benefit equal to the assumed cost of
insurance as required by the Internal Revenue Service. The Bank (or its
administrator) will report to the Employee the amount of imputed income received
each year on Form W-2 or its equivalent.
VI. DIVISION OF DEATH PROCEEDS
Subject to Paragraph VII herein, the division of the death proceeds of the
policy is as follows:
A. The Insured's beneficiary(ies), designated in accordance with Paragraph III
shall be entitled to an amount equal to eighty percent (80%) of the net at risk
insurance portion of the proceeds. The net at risk insurance portion is the
total proceeds less the cash value of the policy.
B. The Bank shall be entitled to the remainder of such proceeds.
C. The Bank and the Insured (or assignees) shall share in any interest due on
the death proceeds on a pro rata basis as the proceeds due each respectively
bears to the total proceeds, excluding any such interest.
VII. DIVISION OF THE CASH SURRENDER VALUE OF THE POLICY
The Bank shall at all times be entitled to an amount equal to the policy's cash
value, as that term is defined in the policy contract, less any policy loans and
unpaid interest or cash withdrawals previously incurred by the Bank and any
applicable surrender charges. Such cash value shall be determined as of the date
of surrender or death as the case may be.
VIII. PREMIUM WAIVER
If the policy contains a premium waiver provision, such waived amounts shall be
considered for all purposes of this Agreement as having been paid by the Bank.
IX. RIGHTS OF PARTIES WHERE POLICY ENDOWMENT OR ANNUITY ELECTION EXISTS
In the event the policy involves an endowment or annuity element, the Bank's
right and interest in any endowment proceeds or annuity benefits, or expiration
of the deferment period, shall be determined under the provisions of this
Agreement by regarding such endowment proceeds or the commuted value of such
annuity benefits as the policy's cash value. Such endowment proceeds or annuity
benefits shall be considered to be like death proceeds for the purposes of
division under this Agreement.
X. TERMINATION OF AGREEMENT
This Agreement shall terminate at the option of the Bank following thirty (30)
days written notice to the Insured upon the happening of any one of the
following:
1. The Insured shall be in violation of the terms and conditions of that
certain Director Indexed Fee Continuation Plan Agreement dated the
first day of January, 1996, or
2. The Insured shall leave the service of the Bank (voluntarily or
involuntarily) prior to attaining ten years of service on the board or
age 65, or
3. The Insured shall be discharged from service with the Bank for cause.
The term "for cause" shall mean gross negligence or gross neglect or
the commission of a felony or gross-misdemeanor involving moral
turpitude, fraud, dishonesty or willful violation of any law that
results in any adverse effect on the bank.
Upon such termination, the Insured (assignee) shall have a ninety (90) day
option to receive from the Bank an absolute assignment of the policy in
consideration of a cash payment to the Bank, whereupon this Agreement shall
terminate. Such cash payment shall be the greater of:
1. The Bank's share of the cash value of the policy on the date of such
assignment, as defined in this Agreement.
2. The amount of the premiums which have been paid by the Bank prior to
the date of such assignment.
Should the Insured (or assignee) fail to exercise this option within the
prescribed ninety (90) day period, the Insured (or assignee) agrees that all of
his rights, interest and claims in the policy shall terminate as of the date of
the termination of this Agreement.
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Except as provided above, this Agreement shall terminate upon distribution of
the death benefit proceeds in accordance with Paragraph VI above.
XI. INSURED'S OR ASSIGNEE'S ASSIGNMENT RIGHTS
The Insured may not, without the written consent of the Bank, assign to any
individual trust or other organization, any right, title or interest in the
subject policy nor any rights, options, privileges or duties created under this
Agreement.
XII. AGREEMENT BINDING UPON THE PARTI:ES
This Agreement shall bind the Insured and the Bank, their heirs, successors,
personal representatives and assigns.
XIII. NAMED XXXXXXXXX AND PLAN ADMINISTRATOR
Northside Bank of Tampa is hereby designated the "Named Fiduciary" until
resignation or removal by the board of directors. As Named Fiduciary, the bank
shall be responsible for the management, control, and administration of this
Split Dollar Plan as established herein. The Named Fiduciary may allocate to
others certain aspects of the management and operation responsibilities of the
plan, including the employment of advisors and the delegation of any ministerial
duties to qualified individuals.
XIV. FUNDING POLICY
The funding policy for this Split DOIW Plan shall be to maintain the subject
policy in force by paying, when due, all premiums required.
XV. CLAIM PROCEDURES FOR LIFE INSURANCE POLICY AND SPLIT DOLLAR PLAN
Claim forms or claim information as to the subject policy can be obtained by
contacting The Benefit Marketing Group, Inc. (770-952-1529). When the Named
fiduciary has a claim which may be covered under the provisions described in the
insurance policy, he should contact the office named above, and they will either
complete a claim form and for-xxxx it to an authorized representative of the
Insurer or advise the named Fiduciary what further requirements are necessary.
The Insurer will evaluate and make a decision as to payments If the claim is
payable, a benefit check will be issued to the Named Fiduciary.
In the event that a claim is not eligible under the policy, the Insurer will
notify the Named Fiduciary of the denial pursuant to the requirements under the
terms of the policy. If the Named Fiduciary is dissatisfied with the denial of
the claim and wishes to contest such claim denial, he should contact the office
named above and they will assist in making inquiry to the Insurer. All
objections to the Insurer's actions should be in writing and submitted to the
office named above for transmittal to the Insurer.
XVI. GENDER
Whenever in this Agreement words are used in the masculine or neuter gender,
they shall be read and construe as in the masculine, feminine or neuter gender,
whenever they should so apply.
XVII. INSURANCE COWANY NOT A PARTY TO THIS AGREEMENT
The Insurer shall not be deemed a parry to this Agreement, but will respect the
rights of the parties as herein developed upon receiving an executed copy of
this Agreement. Payment or other performance in accordance with the policy
provisions shall fully discharge the Insurer for any and all liability.
Executed at Tampa, Florida this first day of January, 1996.
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NORTHSIDE BANK OF TAMPA
/s/ Xxxxxxxxx X. Xxx By: Xxxx Xxxxxx, President & CEO
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Witness
/s/ Xxxxxxxxx X. Cos By: /s/ Xxxxxx X. Xxxxxx
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Witness Xxxxxx X. Xxxxxx
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BENEFICIARY DESIGNATION FORM
BENEFICIARY DESIGNATION:
NAME RELATIONSHIP
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CONTINGENT DESIGNATION.
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CONTINGENT DESIGNATION:
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Xxxxxx X. Xxxxxx Date
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