Attached files
Exhibit 10.86
AMENDMENT NO. 1
TO THE NACCO MATERIALS HANDLING GROUP, INC.
UNFUNDED BENEFIT PLAN
(As Amended and Restated Effective April 24, 2009)
TO THE NACCO MATERIALS HANDLING GROUP, INC.
UNFUNDED BENEFIT PLAN
(As Amended and Restated Effective April 24, 2009)
NACCO Materials Handling Group, Inc. hereby adopts this Amendment No. 1 to the NACCO Materials
Handling Group, Inc. Unfunded Benefit Plan (As Amended and Restated Effective April 24, 2009) (the
Plan), to be effective January 1, 2010. Words used herein with initial capital letters which are
defined in the Plan are used herein as so defined.
Section 1
Section 2.15 of the Plan is hereby amended in its entirety to read as follows:
Section 2.19. ROTCE shall mean the consolidated return on total capital employed of
NACCO as determined by NACCO for a particular Plan Year.
Section 2
Section 5.1(a) of the Plan is hereby amended in its entirety to read as follows:
(a) In General. Except as otherwise described in the Plan, for periods on and after
January 1, 2010, at the end of each calendar month during a Plan Year through the end of the month
prior to the payment date, the Accounts of the Covered Employees shall be credited with an amount
determined by multiplying such Participants average Sub-Account balance during such month by 5%.
Notwithstanding the foregoing, in the event that the ROTCE determined for such Plan Year exceeds
the rate credited under the preceding sentence to the Excess Profit Sharing Sub-Account, Basic
Excess Deferral Sub-Account, Basic Excess 401(k) Sub-Account and Basic Excess Matching Sub-Account,
such Sub-Accounts shall retroactively be credited with the excess (if any) of (i) the amount
determined under the preceding sentence over (ii) the amount determined by multiplying the
Participants Sub-Account balance during each month of such Plan Year by the ROTCE determined for
such Plan Year, compounded monthly. This ROTCE calculation shall be made during the month in which
the Participant incurs a Termination of Employment and shall be based on the year-to-date ROTCE for
the month ending prior to the date the Participant incurred a Termination of Employment, as
calculated by NACCO. For any subsequent month following such Termination, such ROTCE calculation
shall not apply.
EXECUTED this 10th day of November, 2009.
NACCO MATERIALS HANDLING GROUP, INC. |
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By: | /s/ Charles A. Bittenbender | |||
Title: Vice President, General Counsel and Secretary | ||||