THIRD AMENDMENT TO
THE PHOENIX COMPANIES, INC.
EXCESS BENEFIT PLAN
BY THIS AGREEMENT, The Phoenix Companies, Inc. Excess Benefit Plan (the
"Plan"), as amended and restated effective January 1, 1988, is amended by this
Third Amendment, effective December 1, 2001.
Section 4.2 of the Plan is hereby amended in its entirety to read as
follows:
4.2 PAYMENT OF BENEFITS
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(a) The payment of benefits to which a Participant or Beneficiary shall be
entitled under this Plan shall be made in the same form and manner and at
the same time as is applicable or elected under the Employee Pension Plan.
(b) Any benefit payable under the Employee Pension Plan shall be solely in
accordance with the terms and provisions thereof, and nothing in this Plan
shall operate or be construed in any way to modify, amend or affect the
terms and provisions of the Employee Pension Plan.
(c) It is hereby provided that, if the Participant elects to participate in the
Phoenix OPT Plan (a separate non-qualified retirement plan maintained by
The Phoenix Companies , Inc.) the Employer's obligation for payment of
benefits under this plan shall be irrevocably cancelled and the Participant
shall have no rights or claims for benefits under this Plan.
IN WITNESS WHEREOF, this Third Amendment has been executed this ____ day of
December, 2001.
Phoenix Life Insurance Company
Benefit Plans Committee
Witness By
Xxxxx/Amendment/Third Amendment-Excess