THIRD AMENDMENT TO THE PHOENIX COMPANIES, INC. EXCESS BENEFIT PLAN BY THIS AGREEMENT, The Phoenix Companies, Inc. Excess Benefit Plan (the "Plan"), as amended and restated effective January 1, 1988, is amended by this Third Amendment, effective December 1, 2001. Section 4.2 of the Plan is hereby amended in its entirety to read as follows: 4.2 PAYMENT OF BENEFITS ------------------- (a) The payment of benefits to which a Participant or Beneficiary shall be entitled under this Plan shall be made in the same form and manner and at the same time as is applicable or elected under the Employee Pension Plan. (b) Any benefit payable under the Employee Pension Plan shall be solely in accordance with the terms and provisions thereof, and nothing in this Plan shall operate or be construed in any way to modify, amend or affect the terms and provisions of the Employee Pension Plan. (c) It is hereby provided that, if the Participant elects to participate in the Phoenix OPT Plan (a separate non-qualified retirement plan maintained by The Phoenix Companies , Inc.) the Employer's obligation for payment of benefits under this plan shall be irrevocably cancelled and the Participant shall have no rights or claims for benefits under this Plan. IN WITNESS WHEREOF, this Third Amendment has been executed this ____ day of December, 2001. Phoenix Life Insurance Company Benefit Plans Committee Witness By Burns/Amendment/Third Amendment-Excess
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10-K Filing
Phoenix Companies (PNX) Inactive 10-K2001 FY Annual report
Filed: 27 Mar 02, 12:00am