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EX-10.1 - THIRD AMENDMENT TO THE PHOENIX COMPANIES, INC. NON-QUALIFIED EXCESS INVESTMENT PLAN, AS AMENDED AND RESTATED - PHOENIX COMPANIES INC/DEpnx_ex101.htm
UNITED STATES
 SECURITIES AND EXCHANGE COMMISSION
WASHINGTON, D.C. 20549
 
FORM 8-K
 
CURRENT REPORT
 PURSUANT TO SECTION 13 OR 15(d) OF
 THE SECURITIES EXCHANGE ACT OF 1934
 
Date of Report (Date of earliest event reported): March 7, 2012
 
The Phoenix Companies, Inc.
(Exact name of registrant as specified in its charter)
         
Delaware
 
001-16517
 
06-1599088
(State or other jurisdiction
 of incorporation)
 
(Commission File Number)
 
(IRS Employer
 Identification No.)

     
One American Row, Hartford, CT
 
06102-5056
(Address of Principal Executive Offices)
 
(Zip Code)
 
Registrant’s telephone number, including area code: (860) 403-5000
 
NOT APPLICABLE
 (Former name or former address, if changed since last report)
 
Check the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy the filing obligation of the registrant under any of the following provisions:
     
o
 
Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)
     
o
 
Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)
     
o
 
Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))
     
o
 
Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c))


 
 

 
 
 
Item 5.02.
Departure of Directors or Principal Officers; Election of Directors; Appointment of Certain Officers; Compensatory Arrangements of Certain Officers.

(e)  On March 7, 2012, the Benefit Plans Committee of The Phoenix Companies, Inc. (the “Company”), acting pursuant to authority delegated by the Company’s Board of Directors, approved the amendment of the Company’s nonqualified excess 401(k) plan, The Phoenix Companies, Inc. Non-Qualified Excess Investment Plan (as amended, the “Excess Plan”) to eliminate the Company Discretionary Contribution to the Excess Plan for the 2012 Plan Year and thereafter.  The Company’s executive officers, including  its Named Executive Officers, are participants in the Excess Plan.  A copy of the amendment is attached as Exhibit 10.1 hereto.


Item 9.01.
Financial Statements and Exhibits.

(a)     Not applicable

(b)     Not applicable

(c)     Not applicable

(d)     Exhibit

 The following exhibit is filed herewith:
 
   
Third Amendment to The Phoenix Companies, Inc. Non-Qualified Excess Investment Plan, As Amended and Restated Effective January 1, 2009.
   



 
 

 
 

 SIGNATURES
 
     Pursuant to the requirements of the Securities Exchange Act of 1934, the registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized.
         
 
THE PHOENIX COMPANIES, INC.
  
 
Date: March 12, 2012 
By:  
/s/ Bonnie J. Malley  
 
   
Name:  
Bonnie J. Malley 
 
   
Title:  
Executive Vice President and
Chief Administrative Officer