Exhibit 10.2
AMENDMENT
TO THE
EMPLOYMENT AGREEMENT
BETWEEN
XXXXXX X. XXXXX AND
SIMSBURY BANK & TRUST COMPANY, INC.
WHEREAS, Xxxxxx X. Xxxxx (the "Executive") and Simsbury Bank & Trust
Company, Inc. (the "Bank") previously entered into an Employment Agreement dated
as of September 1, 2004 (the "Employment Agreement"); and
WHEREAS, the Executive and the Bank wish to amend the Employment Agreement
as of December 31, 2008 in order to cause the Employment Agreement to fully
comply with the requirements of Section 409A of the Internal Revenue Code of
1986, as amended;
NOW, THEREFORE, it is agreed that the Employment Agreement is amended as of
December 31, 2008 as follows, and that all other terms and conditions of the
Employment Agreement remain unchanged:
1. Section 8(a)(3)(i) of the Employment Agreement is amended by
deleting the last two sentences thereof and replacing them with the
following:
"The amount shall be paid in a lump sum cash payment upon
termination; and"
2. Section 8(e) of the Employment Agreement is amended by adding the
following to the end thereof:
"The Indemnification Amount shall be paid to the Executive on or
before the due date for the Executive's federal income tax return
(determined without extensions) on which the excess parachute
payment must be reported."
3. The Employment Agreement is amended by adding the following new
Section 17A, following the end of Section 17 thereof:
"17A. Section 409A Delay. Notwithstanding anything else herein to
the contrary, any payments due hereunder as a result of the
termination of the Executive's employment may be delayed until a
date no later than six months following such termination of
employment, if such delay is determined by the Bank to be
necessary in order to comply with the requirements of Section
409A of the Internal Revenue Code. In the event that any payments
are so delayed, the Bank shall credit simple interest of 5% on
such delayed payments."
Simsbury Bank & Trust Company Xxxxxx X. Xxxxx
_/S/____________________________ _/S/____________________
By: Lincoln X. Xxxxx