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EXHIBIT 10.10
AGREEMENT
AGREEMENT made as of this 17th day of October, 2000 by and between XXXXX
NATIONAL BANK, with offices located at 00-00 Xxxxx Xxxx Xxxxxx, Xxxxxx, Xxx Xxxx
00000, hereinafter referred to as the "Bank", and XXXXXXX X. XXXXX, an employee
of the Bank, hereinafter referred to as the "Participant".
RECITALS
WHEREAS, the parties previously entered into a Supplemental Executive
Retirement Plan dated March 29, 1995, as amended by Agreement dated February 16,
1999 (the "SERP"); and
WHEREAS, the parties now desire to further amend the SERP.
NOW THEREFORE, the parties mutually agree as follows:
1. Section 2.1 of Article II "BENEFIT" is hereby amended to read as follows:
SECTION 2.1 EXCESS BENEFIT
(A)The excess benefit has been determined to be the amount of $92,776 per
year (the "Excess Benefit") payable for a term of twenty (20) years certain.
Except as otherwise provided in this Agreement, the Excess Benefit shall be
payable monthly under conditions identical as to vesting, condition and terms of
payment to the benefit payable by the Xxxxx National Bank Pension Plan, as
amended from time to time (the "Bank Pension Plan") (except the benefit from
this SERP will not be paid in the form of a lump sum and the Excess Benefit will
not commence prior to the first day of the month coincident with or next
following the Participant's 65th birthday).
Except as set forth in Section 2.1 (B) or Section 2.3 of the SERP, the
Excess Benefit shall only be paid to the Participant if the Participant's
employment is terminated on or after his 65th birthday.
(B)In the event the Participant dies prior to attaining sixty-five (65)
years of age, the Excess Benefit will be paid to the Participant's named
beneficiary in the amount of $92,776 per year, payable monthly for twenty (20)
consecutive years commencing thirty (30) days after the Participant's date of
death.
2. Section 2.3 of Article II "BENEFIT" is hereby amended to read as follows:
SECTION 2.3 BENEFIT ON TERMINATION BEFORE RETIREMENT AT AGE 65
In the event the Participant's employment is terminated as a result of: (i)
the Participant becoming "Totally and Permanently Disabled" as defined in
the Bank Pension Plan; (ii) the Board of Directors of the Bank, in its
absolute discretion, authorizes and approves the early retirement of the
Participant; or (iii) the Bank voluntarily terminates the employment of the
Participant other than "for cause", then the Excess Benefit to be paid to
the Participant under this SERP shall be the Excess Benefit as set forth in
Section 2.1 (A) of $92,776 multiplied by a fraction (1) the numerator of
which is the actual number of months of service of the Participant in the
Xxxxx National Bank Pension Plan and (2) the denominator of which is the
number of months of service in the Bank Pension Plan the Participant would
have completed if the Participant had continued to be employed until his
Normal Retirement Age (as defined in the Bank Pension Plan). The amount as
so determined shall be payable monthly for a term of twenty (20) years
certain. It will not be paid in a lump sum and the benefit will not commence
prior to the first day of the month coincident with or next following the
Participant's 65th birthday.
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IN WITNESS WHEREOF, the parties have hereunto set their hands the day and
year first above written.
XXXXX NATIONAL BANK
BY: /s/ Xxxxxxx Xxxxxxxx, Vice Chairman
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Xxxxxxx Xxxxxxxx, Vice Chairman
PARTICIPANT
/s/ Xxxxxxx X. Xxxxx
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Xxxxxxx X. Xxxxx
