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EX-10.1 - EX-10.1 - EMPIRE DISTRICT ELECTRIC COa16-21814_1ex10d1.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):

November 14, 2016

 


 

THE EMPIRE DISTRICT ELECTRIC COMPANY

(Exact name of registrant as specified in its charter)

 


 

KS

 

1-3368

 

44-0236370

(State or other jurisdiction
of incorporation)

 

(Commission
File Number)

 

(IRS Employer
identification No.)

 

602 S. Joplin Avenue, Joplin, Missouri, 64801

(Address of principal executive offices) (Zip code)

 

Registrant’s telephone number, including area code: (417) 625-5100

 


 

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 Securities 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 Certain Officers; Election of Directors; Appointment of Certain Officers; Compensatory Arrangements of Certain Officers

 

On November 14, 2016, The Empire District Electric Company (“Empire”) adopted an amendment (the “Amendment”) to The Empire District Electric Company Supplemental Executive Retirement Plan (the “SERP”).  The Amendment deleted a cap on the compensation of the participants that was included in the benefit calculations thereunder.  This cap was tied to the limit set forth in Section 401(a)(17) of the Internal Revenue Code that would have applied if not for Omnibus Budget Reconciliation Act of 1993.   The Amendment was effectuated in order to make the calculations under the SERP consistent with the past practices of Empire and the expressed purpose of the SERP.

 

The foregoing description is qualified in its entirety by the Amendment, a copy of which is filed as Exhibit 10.1 hereto and is incorporated herein by reference.

 

Item 9.01

Financial Statements and Exhibits.

 

(d) Exhibits.

 

Exhibit
No.

 

Description

 

 

 

10.1

 

Amendment to The Empire District Electric Company Supplemental Executive Retirement Plan.

 

2



 

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 EMPIRE DISTRICT ELECTRIC COMPANY

 

 

Dated: November 18, 2016

 

 

 

 

By:

/s/ Laurie A. Delano

 

Name:

Laurie A. Delano

 

Title:

Vice President-Finance and Chief Financial Officer

 

3



 

EXHIBIT INDEX

 

Exhibit
No.

 

Description

 

 

 

10.1

 

Amendment to The Empire District Electric Company Supplemental Executive Retirement Plan

 

4