EXHIBIT 10(c)(1)
AMENDMENT TO TRUMP TAJ MAHAL HOTEL & CASINO
RETIREMENT SAVINGS PLAN
This amendment to the Trump Taj Mahal Hotel & Casino Retirement Savings Plan
(the "Plan") is dated as of the 1st day of January, 1994.
WHEREAS, the Employer has adopted the Plan effective as of January 1, 1989;
and
WHEREAS, the Employer wishes to amend the Plan to clarify and/or provide
certain additional provisions, effective as of January 1, 1989, unless
otherwise provided herein.
NOW THEREFORE, the Employer, intending to be legally bound, adopts this
amendment to the Plan as follows:
1. Section 1.11 of the plan is hereby amended, to add to the end of the
first paragraph: "Compensation that may be taken into account in
determining Employer contributions on behalf of any Participant shall be
limited to no more than $200,000 (as adjusted) in Plan Years beginning
before January 1, 1994, and to $150,000 (as adjusted) in Plan Years
beginning on or after November 1, 1994, in accordance with IRC Code Section
401(a)(17) and Regulation Section 1.401(a)(17)-1. In addition, for purposes
of applying the annual compensation limit under Section 401(a)(17) of the
Code, the family unit of a participant who is either a 5% owner of Employer
or who is both a highly compensated employee and one of the 10 most highly
compensated employees of Employer, will be treated as a single employee
with one compensation, and the annual compensation limit will be allocated
among the members of the family unit. Such compensation limit shall be
proportioned among the family unit pro rata based on the compensation of
each member of the family unit prior to such limitation. For this purpose,
a family unit is the employee who is a 5% owner of Employer or one of the
10 most highly compensated employees, the employee's spouse, and the
employee's lineal descendants who have not attained age 19 before the close
of the year.
2. Notwithstanding anything in Section 3.1.6 to the contrary:
(a) In the case of a highly compensated employee whose actual
deferral ratio (ADR) is determined under the family aggregation rules,
the determination of the amount of excess contributions shall be made
as follows: The ADR is reduced in accordance with the "leveling" method
described in Section 1.401(k)-1(f)(2) of the regulations and the excess
contributions are allocated among the family members in proportion to
the contributions of each family member that have been combined.
(b) Non-elective contributions and matching contributions may be
treated as elective contributions for purposes of the actual deferral
percentage test of Section 401(k) only if such contributions are non-
forfeitable and made subject to the same distribution restrictions that
apply to elective contributions. Non-elective contributions and
matching contributions that may be treated as elective contributions
must satisfy these requirements without regard to whether they are
actually taken into account as elective contributions.
(c) Non-elective contributions and/or matching contributions may be
treated as elective contributions only if the conditions described in
Section 1.401(k)-1(b)(5) of the regulations are satisfied.
(d) In the case of a highly compensated employee whose actual
contribution ratio (ACR) is determined under the family aggregation
rules, the determination of the amount of excess aggregate
contributions shall be made as follows: The ACR is reduced in
accordance with the "leveling" method described in Section 1.401(m)-
1(e)(2) of the regulations and the excess aggregate contributions are
allocated among the family members in proportion to contributions of
each family member that have been combined.
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Sevice.r
Tumrp TajM ahalAssociaest
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By __________________________________:
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