Attached files
| file | filename |
|---|---|
| 10-K/A - FORM 10-K/A - EDGEWELL PERSONAL CARE Co | c64636e10vkza.htm |
| EX-31.1 - EX-31.1 - EDGEWELL PERSONAL CARE Co | c64636exv31w1.htm |
| EX-31.2 - EX-31.2 - EDGEWELL PERSONAL CARE Co | c64636exv31w2.htm |
| EX-10.53 - EX-10.53 - EDGEWELL PERSONAL CARE Co | c64636exv10w53.htm |
| EX-10.56 - EX-10.56 - EDGEWELL PERSONAL CARE Co | c64636exv10w56.htm |
| EX-10.51 - EX-10.51 - EDGEWELL PERSONAL CARE Co | c64636exv10w51.htm |
| EX-10.49 - EX-10.49 - EDGEWELL PERSONAL CARE Co | c64636exv10w49.htm |
| EX-10.50 - EX-10.50 - EDGEWELL PERSONAL CARE Co | c64636exv10w50.htm |
| EX-10.54 - EX-10.54 - EDGEWELL PERSONAL CARE Co | c64636exv10w54.htm |
| EX-10.52 - EX-10.52 - EDGEWELL PERSONAL CARE Co | c64636exv10w52.htm |
Exhibit 10.55
2009 RESTATEMENT OF
ENERGIZER HOLDINGS, INC.
FINANCIAL PLANNING PLAN
ENERGIZER HOLDINGS, INC.
FINANCIAL PLANNING PLAN
INTRODUCTION
The Energizer Holdings, Inc. Financial Planning Plan (“Plan”) was adopted in 2000 for the benefit
of certain employees of Energizer Holdings, Inc. and its affiliates. Pursuant to Notice 2007-86,
with respect to the period from January 1, 2005 through December 31, 2008, the Plan was operated in
accordance with applicable guidance under Section 409A of the Internal Revenue Code of 1986, as
amended, and the Company’s good faith interpretation of compliance with Section 409A. Effective
January 1, 2009, the Plan will be administered in accordance with the 2009 Restatement of the
Energizer Holdings, Inc. Financial Planning Plan.
I. DEFINITIONS
1.1 “Affiliated Company” means Energizer Holdings, Inc., those domestic corporations in which
Energizer Holdings, Inc. owns directly or indirectly more than 50% of the voting stock, or any
other entity so designed by the Committee.
1.2 “Board” means the Board of Directors of Energizer Holdings, Inc.
1.3 “Code” means the Internal Revenue Code of 1986, as amended.
1.4 “Committee” means the Committee appointed to administer the Plan, its designee, or any
successor to such Committee.
1.5 “Company” means Energizer Holdings, Inc.
1.6 “Eligible Employee” means an Employee who meets the requirements for coverage under
Section 2.1 of the Plan.
1.7 “Employee” means a person employed by the Company or an Affiliated Company and who is one
of a select group of management or highly-compensated employees.
1.8 “Plan” means the 2009 Restatement of Energizer Holdings, Inc. Financial Planning Plan.
1.8 “Plan Year” means the twelve consecutive month period ending on December 31.
II. ELIGIBILITY
2.1 Eligible Employees. The class of Employees eligible for coverage under this Plan
consists of:
| (a) | Principal Corporate Officers of the Company and/or an Affiliated Company; |
| (b) | Vice Presidents of the administrative and operating divisions of the Company and/or an Affiliated Company; | ||
| (c) | Principal Officers of major affiliates of the Company or an Affiliated Company; and | ||
| (d) | non-officer executives authorized by the Committee. |
2.2 Termination of Participation. An Eligible Employee shall cease participating in
the Plan as of the date the Eligible Employee terminates employment with the Company and all
Affiliated Companies. If an Eligible Employee dies while actively employed by the Company or an
Affiliated Company, expenses incurred prior to the Eligible Employee’s death will be reimbursed in
accordance with Section 3.1.
III. BENEFITS
3.1 Amount of Reimbursement. The Eligible Employee shall select the advisor or
advisors to perform the services described in Section 3.2. The Company will reimburse the Eligible
Employee in an amount equal to 80% of the expenses incurred by the Eligible Employee for the
services performed in accordance with Section 3.2. Eligible Employees shall submit requests for
reimbursement to the Committee. Reimbursements will be paid not later than the end of the calendar
year following the calendar year in which the expenses were incurred.
The maximum amount that will be reimbursed for expenses incurred during a Plan Year for
services described in Section 3.2 shall be as follows:
| First | Subsequent | |||||||
| Plan Year | Plan Year | |||||||
| Reimbursable | Reimbursable | |||||||
| Amount | Amount | |||||||
Principal
Corporate Officers |
$ | 8,000 | $ | 6,000 | ||||
Vice Presidents of designated divisions
and subsidiaries |
$ | 5,000 | $ | 4,000 | ||||
If an Eligible Employee dies while an active Employee, the estate of the Eligible Employee may
be reimbursed for expenses incurred by the Eligible Employee prior to his or her death for the
Covered Services described below. Reimbursements will be paid not later than the end of the
calendar year following the calendar year in which the expenses were incurred.
3.2 Reimbursable Expenses. An Eligible Employee (or his or her estate, if applicable)
shall be reimbursed for expenses incurred for the Covered Services described below:
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| (a) | Overall financial planning related to: |
| • | Investments | ||
| • | Cash flow and budgeting | ||
| • | Estate | ||
| • | Tax | ||
| • | Retirement | ||
| • | Insurance needs analysis | ||
| • | Educational funding | ||
| • | Company compensation and benefits |
| (b) | Preparation of legal documents: |
| • | Wills | ||
| • | Trusts | ||
| • | Tax Returns |
| (c) | Personal Computer Software Programs for: |
| • | Tax compliance | ||
| • | Cash flow and budgeting | ||
| • | Other topics related to overall financial planning or the preparation of legal documents. |
3.3 Excluded Services. An Eligible Employee shall not be reimbursed for expenses
incurred for the Excluded Services described below:
| (a) | Financial service commissions such as broker’s fees and mutual fund fees. | ||
| (b) | Fees related to the Eligible Employee’s (or spouse’s) “active” financial interest or legal obligations in any outside business, except to the extent of direct impact on the executive’s tax returns. | ||
| (c) | Trust fees to banks or other financial institutions. |
IV. TAX DEDUCTIBILITY AND WITHHOLDING
Reimbursements made under this Plan are taxable income to the Eligible Employee and will be
handled as such by the Company. Reimbursements are not used in calculating benefit earnings for
Company benefit plans.
V. AMENDMENT AND TERMINATION
The Board and the Committee are each empowered to amend, modify or terminate this Plan at any
time. A termination of the Plan must comply with the provisions of Code Section 409A and the
regulations and guidance promulgated thereunder, including, but not limited to,
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restrictions on the
timing of final distributions and the adoption of future deferred compensation arrangements.
VI. SECTION 409A COMPLIANCE
No provision of this Plan shall be operative to the extent that it will result in the
imposition of the additional tax described in Code Section 409A(a)(1)(B)(i)(II) because of failure
to satisfy the requirements of Code Section 409A and the regulations and guidance issued
thereunder.
IN WITNESS WHEREOF, the Company has caused this Plan to be executed by a duly authorized
officer this 23rd day of December, 2008.
| ENERGIZER HOLDINGS, INC. | ||||||
| By: | /s/ Peter J. Conrad
|
|||||
| Title: Vice President Human Resources | ||||||
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