Attached files
| file | filename |
|---|---|
| EX-32 - EXHIBIT 32 - SPIRE MISSOURI INC | ex32.htm |
| EX-31 - EXHIBIT 31 - SPIRE MISSOURI INC | ex31.htm |
| EX-12 - EXHIBIT 12 - SPIRE MISSOURI INC | ex12.htm |
| EX-10.2 - EXHIBIT 10.2 - SPIRE MISSOURI INC | ex10-2.htm |
| EX-99.1 - LACLEDE GAS COMPANY DECEMBER 2009 10-Q - SPIRE MISSOURI INC | ex99-1.htm |
| 10-Q - THE LACLEDE GROUP, INC. DECEMBER 2009 10-Q - SPIRE MISSOURI INC | form10-qdec2009.htm |
Exhibit
10.1
AMENDMENT
TO SUPPLEMENTAL PENSION AGREEMENT
With
Kenneth J. Neises
This
agreement (referred to herein as the “Amendment”) amends the Supplemental
Pension Agreement entered into by and between Laclede Gas Company (the
“Company”) and Kenneth J. Neises (“Neises”) on March 7, 2008 (such agreement
referred to herein as the “Agreement”).
RECITALS
WHEREAS,
the Company and Neises executed the Agreement on March 7, 2008;
WHEREAS,
the Board adopted a resolution on November 19, 2009 allowing Neises to work up
to December 1, 2010; and
WHEREAS,
the Company and Neises desire to amend the Agreement to extend the Agreement
relative to certain benefits under the Retirement Plan and SERP based upon
Average Final Compensation and Years of Credited Service;
NOW,
THEREFORE, in consideration of the mutual promises contained in this Amendment,
the parties agree as follows:
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1.
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Article
I of the Agreement is amended by adding the following definition as a new
section 1.7 to read as follows:
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1.7
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“Grandfathered
Formula” means the Grandfathered Formula as defined in Section 1.21
of the Retirement Plan as restated on January 1, 2009.
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2.
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Section
3.1 of the Agreement is amended and restated to read as
follows:
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3.1
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Supplemental
Pension
Benefit Formula. Upon the earliest to occur of Neises’
death, Disability, or retirement, such date being known as the Calculation
Date, the Supplemental Pension Benefit under this Agreement shall be
calculated and shall be in an amount equivalent to:
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(A+B+C+D)
– E
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where
A, B, C, D, and E are as follows:
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A.
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= Neises’ monthly accrued benefit under the Plans calculated as if he had
retired on November 1, 2005 converted to a lump amount calculated using
the PBGC rate in effect on November 1, 2005 of 2.5% and other factors and
formulas effective under the Plans for retirements on November 1,
2005;
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B.
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= The difference between (i) the monthly accrued benefit calculated in A.
above, and (ii) the monthly accrued benefit calculated as if he had
retired on November 1, 2007; with the difference between (i) and (ii) then
converted to a lump sum amount calculated using the PBGC rate in effect
for retirements on December 1, 2009 of 2.5%, and other factors and
formulas effective under the Plans for retirements on November 1,
2007;
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C.
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= The difference between (I) the monthly accrued benefit calculated in
B.(ii), and (II) the monthly accrued benefit under the Grandfathered
Formula calculated on December 1, 2009; with the difference between (I)
and (II) then converted to a lump sum amount calculated using the factors
and formulas effective under the Plans for retirements on December 1,
2009, including the PBGC rate of 2.5%; and
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D.
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= The difference between (y) the monthly accrued benefit calculated in
C.(II), and (z) the monthly accrued benefit under the Grandfathered
Formula calculated on Calculation Date; with the difference between (y)
and (z) then converted to a lump sum amount calculated using the factors
and formulas effective under the Plans for retirements on the Calculation
Date; and
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E.
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= Neises’ monthly accrued benefit under the Grandfathered Formula under
the Plans converted to a lump sum amount calculated using the factors and
formulas effective under the Plans for retirements on the Calculation
Date.
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No
Supplemental Pension Benefit shall accrue under this Agreement on or after
the Calculation Date.
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3.
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Except
to the extent specifically amended by this Amendment, all of the terms,
provisions, conditions, covenants, representations and warranties
contained in the Agreement shall be and remain in full force and effect
and the same are hereby ratified and confirmed.
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4.
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In
the event of any inconsistency or conflict between this Amendment and the
Agreement, the terms, provisions and conditions contained in this
Amendment shall govern and control.
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IN
WITNESS WHEREOF, the Company and Neises have executed this Amendment
this
7th day
of January 2010.
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LACLEDE
GAS COMPANY
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By /s/ Douglas H.
Yaeger
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Title:
Chief Executive Officer
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/s/ Kenneth J.
Neises
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Kenneth
J. Neises
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