EXHIBIT 10.4(ii)
AMENDMENT TO EMPLOYMENT AGREEMENT
XXXXXXX X XXXXXX III,
HMS HOLDINGS
NOVEMBER 2003
The Board of Directors of HMS Holdings Corp. the successor company to
Health Management Systems, Inc, (hereafter the "Company") has agreed to the
following modifications and extension of the employment agreement (hereafter the
"Agreement"), dated October 2, 2000 between the Health Management Systems, Inc,
and Xxxxxxx X. Xxxxxx III, (hereafter the "Employee"):
- Article 2(a) Term of Employment: Unless earlier terminated as
provided in the Agreement, the term of the Employee's
employment, under the Agreement, is extended three years, to
end on October 2, 2006.
- Section 7 b (ii): The Company shall continue to provide the
Employee with the health insurance benefits provided to other
employees of the Company (including employer contributions)
from the date of such termination for a period of 36 months.
If the successor company, in a change of control transaction,
does not offer post termination health benefits to the
Employee, the Company will pay 135% of the COBRA cost for
family coverage for 18 months for health plan continuation in
the plan the Employee was participating in at the time of
termination. As well, the Company will provide 135% of the
cost of premiums for a non-group family health plan. of
comparable benefits to the HMS Holdings plan, that Employee
was participating at the time of termination, for 18 months.
The cost of such non-group family health plan will be
determined at the time of termination. Both the cost of 18
months of COBRA continuation coverage and 18 months non group
family health coverage will be paid in a lump sum at time of
closing of the change of control transaction.
This amendment constitutes the entire and final expression of the
agreement of the parties with respect to subject matter hereof. The
remainder of the Agreement remains in full force and effect.
IN WITNESS WHEREOF, the Company and the Employee have duly
executed and delivered this Amendment as of November 4, 2003.
By: _______________________________
Name: Xxxxxxx X. Xxxxx
Title: Chairman, HMS Holdings Compensation
Committee and Director
____________________________________
Xxxxxxx X. Xxxxxx III
