Exhibit (10)(vi)
FIRST AMENDMENT TO THE CURTISS-WRIGHT CORPORATION
SAVINGS AND INVESTMENT PLAN
THIS AMENDMENT, dated the 29th day of December 2000 to the
CURTISS-WRIGHT CORPORATION SAVINGS AND INVESTMENT PLAN (the "Plan"):
W I T N E S S E T H:
WHEREAS, effective September 1, 1994, CURTISS-WRIGHT CORPORATION
established the Plan;
WHEREAS, Sub-section 12.01 of the Plan permits the Board of Directors
to amend the Plan at any time; and
WHEREAS, by resolution dated April 1997, the Board of Directors
delegated to the Committee the authority to make administrative amendments to
the Plan.
NOW, THEREFORE, the Plan shall be, and is, hereby amended as follows:
Subsection 12.01 is hereby amended by adding the following
subparagraph:
"Amendments to the Plan that are required because of statute
or rulings of a judicial body or are necessitated for
administrative purposes, unless such administrative amendments
have a material effect on the cost or benefit level of the
Plan, shall be made by the Committee. All such amendments
shall be submitted to the Board of Directors at their meeting
following the adoption of such amendments."
The First Amendment shall be effective as of December 31, 1997.
IN WITNESS WHEREOF, the Curtiss-Wright Savings and Investment Plan
Committee hereby RESOLVES that the foregoing amendment be and hereby is adopted.
ATTEST: CURTISS-WRIGHT SAVINGS AND
INVESTMENT PLAN COMMITTEE
/s/ Paul J. Ferdenzi By: /s/Gary J.Benschip
-------------------- --------------------
Paul J. Ferdenzi Gary J. Benschip
By: /s/Robert A. Bosi
--------------------
Robert A. Bosi
By: /s/Joyce A. Quinlan
--------------------
Joyce A. Quinlan
SECOND AMENDMENT TO THE CURTISS-WRIGHT CORPORATION
SAVINGS AND INVESTMENT PLAN
THIS AMENDMENT, dated the 29th day of December 2000 to the
CURTISS-WRIGHT CORPORATION SAVINGS AND INVESTMENT PLAN (the "Plan"):
W I T N E S S E T H:
WHEREAS, effective September 1, 1994, CURTISS-WRIGHT CORPORATION (the
"Company") established the Plan; and
WHEREAS, Sub-section 12.01, as amended, of the Plan permits the
Curtiss-Wright Savings and Investment Plan Committee (the "Committee") to amend
the Plan at any time.
NOW, THEREFORE, the CURTISS-WRIGHT CORPORATION SAVINGS AND INVESTMENT
PLAN shall be, and is, hereby amended as follows:
Section 9.04 - Delete in Sub-section (a) the following language:
...with respect to a Member (i) who does not own more than five percent
of the outstanding stock of the Employer (or stock possessing more than
five percent of the total combined voting power of all stock of the
Employer), and (ii) who attained age 70 1/2 prior to January 1, 1998.
The Amendment shall read as follows:
In no event shall the provisions of this Article operate so as to allow
the distribution of a Member's Accounts to begin later than the April 1
following the calendar year in which he attains 70 1/2, provided that
such commencement in active service shall not be required.
Delete in Sub-section (b) the following language:
(b) In the event a Member is required to begin receiving payments while in
service under the provisions of paragraph (a) above, the Member may
elect to receive payments while in service in accordance with option
(i) or (ii), as follows:
(i) A Member may receive one lump sum payment on or before the
Member's required beginning date equal to his entire Account
balance and annual lump sum payments thereafter of amounts
accrued during each calendar year; or
(ii) A Member may receive annual payments of the minimum amount
necessary to satisfy the minimum distribution requirements of
Section 401(a)(9) of the Code. Such minimum amount will be
determined on the basis of the joint life expectancy of the
Member and his Beneficiary. Such life expectancy will be
recalculated once each year; however, the life expectancy of
the Beneficiary will not be recalculated if the Beneficiary is
not the Member's spouse. The amount of the withdrawal shall be
allocated among the Investment Funds in proportion to the
value of the Member's Accounts as of the date of each
withdrawal.
The Amendment shall read as follows:
An election under this Section 9.04 shall be made by a Member
by giving written notice to the Committee within the 90-day
period prior to his required beginning date. The commencement
of payments under this Section 9.04 shall not constitute an
Annuity Starting Date for purposes of Sections 72 401(a)(11)
and 417 of the Code. In the event a Member fails to make an
election in accordance with this Section 9.04 prior to
Member's termination of employment, payment of the Member's
Accounts shall be made in accordance with the provisions of
Section 9.02.
The Second Amendment shall be effective December 31, 1997.
IN WITNESS WHEREOF, the Committee hereby RESOLVES that the foregoing
amendment be and hereby is adopted.
ATTEST: CURTISS-WRIGHT SAVINGS AND
INVESTMENT PLAN COMMITTEE
/s/ Paul J. Ferdenzi By: /s/Gary J.Benschip
-------------------- --------------------
Paul J. Ferdenzi Gary J. Benschip
By: /s/Robert A. Bosi
--------------------
Robert A. Bosi
By: /s/Joyce A. Quinlan
--------------------
Joyce A. Quinlan
THIRD AMENDMENT TO THE CURTISS-WRIGHT CORPORATION
SAVINGS AND INVESTMENT PLAN
THIS AMENDMENT, dated the 29th day of December 2000, to the
CURTISS-WRIGHT CORPORATION SAVINGS AND INVESTMENT PLAN (the "Plan"):
W I T N E S S E T H:
WHEREAS, effective September 1, 1994, CURTISS-WRIGHT CORPORATION
established the Plan; and
WHEREAS, Sub-section 12.01, as amended, of the Plan permits the
CURTISS-WRIGHT SAVINGS AND INVESTMENT PLAN COMMITTEE (the "Committee") to amend
the Plan at any time.
WHEREAS, the
NOW, THEREFORE, the Plan shall be, and is, hereby amended as follows:
1. Subsection 2.01 is hereby amended in the following manner:
2.01 Eligibility
Each employee, except as provided below in this section, shall
be eligible to become a Member on any Enrollment Date
coinciding with or following the date he completes one year of
Eligibility Service.
2. Section 2.01 is hereby amended by adding the following
subparagraphs:
(a) Each former employee of the Aviall, Inc., Accessory
Services Division who became an Employee as of May 21, 1996,
shall be eligible to become a Member on any Enrollment date on
or after he completes one year of service, including service
with Aviall, Inc.
(b) Each former employee of the Alpha Heat Treaters Division
of Alpha-Beta Industries, Inc. who became an Employee as of
April 30, 1998, shall be eligible to become a Member on any
Enrollment date on or after he completes one year of service,
including service with Alpha-Beta Industries.
This Third Amendment shall be effective May 21, 1996.
IN WITNESS WHEREOF, the Curtiss-Wright Savings and Investment Plan
Committee hereby RESOLVES that the foregoing amendment be and hereby is adopted.
ATTEST: CURTISS-WRIGHT SAVINGS AND
INVESTMENT PLAN COMMITTEE
/s/ Paul J. Ferdenzi By: /s/Gary J.Benschip
-------------------- --------------------
Paul J. Ferdenzi Gary J. Benschip
By: /s/Robert A. Bosi
--------------------
Robert A. Bosi
By: /s/Joyce A. Quinlan
--------------------
Joyce A. Quinlan
FOURTH AMENDMENT TO THE CURTISS-WRIGHT CORPORATION
SAVINGS AND INVESTMENT PLAN
THIS AMENDMENT, dated the 29th day of December 2000, to the
CURTISS-WRIGHT CORPORATION SAVINGS AND INVESTMENT PLAN:
W I T N E S S E T H:
WHEREAS, effective September 1, 1994, CURTISS-WRIGHT CORPORATION
established the CURTISS-WRIGHT SAVINGS AND INVESTMENT (the "Plan"); and
WHEREAS, the Board of Directors delegated the authority to amend the
Plan to the CURTISS-WRIGHT SAVINGS AND INVESTMENT PLAN COMMITTEE (the
"Committee") under limited circumstances to effectuate full participation in the
Plan from and after commencement of employment with the Corporation or one of
its subsidiaries; to provide that the service of each employee with newly
acquired companies, and to allow employees' assets held by their former
employer's savings plan to be transferred to the Plan.
NOW, THEREFORE, the Plan shall be, and is, hereby amended as follows:
1. Section 2.01 is hereby amended by adding the following subparagraph
(c):
(c) "As of January 1, 2000, any Employee hired on July 31,
1998 whose immediate prior service was with Enertech shall
be eligible to participate in the Plan as of the
Enrollment Date coinciding with or next following the date
he or she completes his or her Year of Eligibility
Service, which Year of Eligibility Service shall include
all service at Enertech and shall remain eligible so long
as he or she continues to satisfy the eligibility
requirements."
2. Section 2.01 is hereby amended by adding the following new
subparagraph (d) following new subparagraph (c):
(d) "Each former employee of Metallurgical Processing, Inc.
who became an Employee as of June 30, 1999 shall be
eligible to become a Member on any Enrollment Date on or
after he or she completes one year of service, including
service with Metallurgical Processing, Inc. and shall
remain eligible so long as he or she continues to satisfy
the eligibility requirements."
3. Section 2.01 is hereby amended by adding the following new
subparagraph (e) following new subparagraph (d):
(e) "Each former employee of Teledyne Fluid Systems who became
an Employee as of August 28, 1999, shall be eligible to
become a Member on any Enrollment date on or after he or
she completes one year of service, including service with
Allegheny Teledyne and shall remain eligible so long as he
or she continues to satisfy the eligibility requirements."
4. Section 6.02 is hereby amended by adding the following new subparagraph (c):
"Any Employee hired on July 31, 1998 whose immediate prior
service was with Enertech shall continue to vest Matching
Contributions granted under Enertech's prior plan in
accordance with the following schedule:
Years of
Service for
Vesting Vesting Schedule
0 0%
1 0%
2 0%
3 20%
4 40%
5 60%
6 80%
7 100%
This Fourth Amendment shall be effective July 31, 1998.
IN WITNESS WHEREOF, the Committee hereby RESOLVES that the foregoing amendment
be and hereby is adopted.
ATTEST: CURTISS-WRIGHT SAVINGS AND
INVESTMENT PLAN COMMITTEE
/s/ Paul J. Ferdenzi By: /s/Gary J.Benschip
-------------------- --------------------
Paul J. Ferdenzi Gary J. Benschip
By: /s/Robert A. Bosi
--------------------
Robert A. Bosi
By: /s/Joyce A. Quinlan
--------------------
Joyce A. Quinlan
FIFTH AMENDMENT TO THE CURTISS-WRIGHT CORPORATION
SAVINGS AND INVESTMENT PLAN
THIS AMENDMENT, dated the 29th day of December 2000, to the
CURTISS-WRIGHT CORPORATION SAVINGS AND INVESTMENT PLAN (the "Plan"):
W I T N E S S E T H:
WHEREAS, effective September 1, 1994, CURTISS-WRIGHT CORPORATION
established the "Plan"; and
WHEREAS, Sub-section 12.01, as amended, of the Plan permits the
CURTISS-WRIGHT SAVINGS AND INVESTMENT PLAN COMMITTEE (the "Committee") to amend
the Plan at any time.
NOW, THEREFORE, the Plan shall be, and is, hereby amended as follows:
1. Subsection 2.01 is hereby amended by adding the following
subparagraph:
(f) Notwithstanding the provisions of subsection (a), an Employee
who is employed by the Enertech Engineering Services unit of
Curtiss-Wright Flow Control shall be eligible to become a
Member on any Enrollment Date following the date on which he
first performs an Hour of Service.
2. Subsection 7.03 is hereby amended as follows:
"A Member who shall have attained age 59 1/2 as of the
effective date of any withdrawal pursuant to this Section may,
subject to Section 7.05, elect to withdraw one time per
calendar year, in any order of priority he chooses, all or
part of his Deferred Account, and all or part of the Vested
Portion of his Employer Account attributable to Employer
contributions and all or part of the portion of the Member
Account attributable to After-Tax Contributions made by the
Member under Section 3.02.
This Fifth Amendment shall be effective as of June 1, 2000.
IN WITNESS WHEREOF, the Curtiss-Wright Savings and Investment Plan
Committee hereby RESOLVES that the foregoing amendment be and hereby is adopted.
ATTEST: CURTISS-WRIGHT SAVINGS AND
INVESTMENT PLAN COMMITTEE
/s/ Paul J. Ferdenzi By: /s/Gary J.Benschip
-------------------- --------------------
Paul J. Ferdenzi Gary J. Benschip
By: /s/Robert A. Bosi
--------------------
Robert A. Bosi
By: /s/Joyce A. Quinlan
--------------------
Joyce A. Quinlan
SIXTH AMENDMENT TO THE CURTISS-WRIGHT CORPORATION
SAVINGS AND INVESTMENT PLAN
THIS AMENDMENT, dated this 29th day of December, 2000, to the CURTISS-WRIGHT
CORPORATION SAVINGS AND INVESTMENT PLAN (the "Plan"):
WITNESSETH:
WHEREAS, Curtiss-Wright Corporation has established and maintained the
Plan for the benefit of its employees; and
WHEREAS, Section 12.01 of the Plan, as heretofore amended, permits the
Curtiss-Wright Savings and Investment Plan Committee (the "Committee") to amend
the Plan at any time and from time to time, subject to the conditions specified
in said Section 12.01; and
WHEREAS the Committee has determined to amend the Plan in the manner
herein set forth and has further determined that such amendment is within the
authority of the Committee, as specified in Section 12.01 of the Plan,
NOW, THEREFORE, the Plan is hereby amended in the following respects:
1. Effective January 1, 2000, Section 9.03(c) is amended by deleting
the phrase "$3,500 or less" and inserting in lieu thereof the new phrase "5,000
or less".
2. Effective January 1, 1999, Section 9.08(a) is amended in its
entirety to read as follows:
"(a) "Eligible Rollover Distribution" means any distribution of all or
a portion of the balance to the credit of the distributee, except that
an eligible rollover distribution does not include (i) any distribution
to the extent that the distribution is required under Section 401(a)(9)
of the Code, (ii) the portion of any distribution that is not
includible in gross income, and (iii) any distribution made pursuant to
Section 7.04."
IN WITNESS WHEREOF, the Curtiss-Wright Savings and Investment Plan Committee
hereby RESOLVES that the foregoing amendment be and hereby is adopted.
ATTEST: CURTISS-WRIGHT SAVINGS AND
INVESTMENT PLAN COMMITTEE
/s/ Paul J. Ferdenzi By: /s/Gary J.Benschip
-------------------- --------------------
Paul J. Ferdenzi Gary J. Benschip
By: /s/Robert A. Bosi
--------------------
Robert A. Bosi
By: /s/Joyce A. Quinlan
--------------------
Joyce A. Quinlan