Attached files
file | filename |
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10-K - FORM 10-K - VWR Funding, Inc. | c97240e10vk.htm |
EX-24 - EXHIBIT 24 - VWR Funding, Inc. | c97240exv24.htm |
EX-21.1 - EXHIBIT 21.1 - VWR Funding, Inc. | c97240exv21w1.htm |
EX-12.1 - EXHIBIT 12.1 - VWR Funding, Inc. | c97240exv12w1.htm |
EX-31.2 - EXHIBIT 31.2 - VWR Funding, Inc. | c97240exv31w2.htm |
EX-32.2 - EXHIBIT 32.2 - VWR Funding, Inc. | c97240exv32w2.htm |
EX-31.1 - EXHIBIT 31.1 - VWR Funding, Inc. | c97240exv31w1.htm |
EX-32.1 - EXHIBIT 32.1 - VWR Funding, Inc. | c97240exv32w1.htm |
EX-10.6(B) - EXHIBIT 10.6 (B) - VWR Funding, Inc. | c97240exv10w6xby.htm |
EX-10.8(A) - EXHIBIT 10.8 (A) - VWR Funding, Inc. | c97240exv10w8xay.htm |
EX-10.8(B) - EXHIBIT 10.8 (B) - VWR Funding, Inc. | c97240exv10w8xby.htm |
EX-10.6(A) - EXHIBIT 10.6 (A) - VWR Funding, Inc. | c97240exv10w6xay.htm |
EX-10.12(F) - EXHIBIT 10.12 (F) - VWR Funding, Inc. | c97240exv10w12xfy.htm |
EX-10.12(G) - EXHIBIT 10.12 (G) - VWR Funding, Inc. | c97240exv10w12xgy.htm |
EX-10.9 - EXHIBIT 10.9 - VWR Funding, Inc. | c97240exv10w9.htm |
Exhibit 10.12 (e)
AMENDMENT NO. 4
TO THE
VWR INTERNATIONAL, LLC RETIREMENT PLAN
TO THE
VWR INTERNATIONAL, LLC RETIREMENT PLAN
(As Amended and Restated Effective June 1, 2005)
WHEREAS, VWR International, LLC (VWR) maintains the VWR International, LLC Retirement Plan
(the Plan, formerly known as the VWR International, Inc. Retirement Plan) for the benefit of its
eligible employees; and
WHEREAS, the Plan was most recently amended and restated effective June 1, 2005, and was
subsequently amended on three occasions thereafter; and
WHEREAS, VWR desires further to amend the Plan in order to comply with recent changes in
applicable laws and regulations;
NOW, THEREFORE, effective January 1, 2008 (except where other effective dates are specifically
provided), Section 8.2(a)(ii), (d), (e), and (f) of the Plan are amended, and a new Section 8.2(i)
is added to the Plan, to read as follows:
8.2 Maximum Annual Benefit Payable Under the Plan.
Anything to the contrary notwithstanding, a Participants annual benefit shall not
exceed the lesser of the Defined Benefit Dollar Limitation (or, if greater, the
Participants Accrued Benefit on December 31, 1982), or 100% of the Participants average
compensation during the three consecutive Plan Years when his or her compensation was the
highest, subject to the following:
(a) A Participants annual benefit shall mean the benefit payable annually in
the form of a straight life annuity (with no ancillary benefits), within the meaning
of section 415(b)(2) of the Code, determined in accordance with the following:
* * *
(ii) For purposes of subparagraph (i) above, the annual benefit in the
form of a single life annuity commencing at the same age that is Actuarially
Equivalent to the Plan benefit shall be:
(A) In the case of a benefit in a form that is not subject to
section 417(e)(3) of the Code, the greater of (i) the annual amount
of the Participants benefit in the form described in Section 4.1,
determined as of the same Annuity Starting Date as his or her actual
benefit, or (ii) the annual amount of the Participants retirement
benefit in such form determined as of such
Annuity Starting Date using a 5% interest rate and the
Applicable Mortality Table.
(B) Effective January 1, 2006, in the case of a benefit in a
form that is subject to section 417(e)(3) of the Code, the greatest
of (i) the annual benefit that has the same actuarial present value
as the particular form of benefit payable, computed using the
interest rate and mortality table applicable under Section 1.2 for
the particular form of benefit payable, (ii) the annual benefit that
has the same actuarial present value as the particular form of
benefit payable, computed using a 5.5% interest assumption and the
Applicable Mortality Table, and (iii) the annual benefit that has the
same actuarial present value as the particular form of benefit
payable, computed using the Applicable Interest Rate and the
Applicable Mortality Table, divided by 1.05.
* * *
(d) The Defined Benefit Dollar Limitation shall be adjusted in accordance with the
following, to the extent applicable:
(i) If the Annuity Starting Date occurs before the Participant attains age 62,
the Defined Benefit Dollar Limitation shall be adjusted so that such limit is equal
to (i) the annual amount of the Participants retirement benefit in the form
described in Section 4.1 at such Annuity Starting Date that is Actuarially
Equivalent, computed using a 5% interest rate and the Applicable Mortality Table
effective for the Annuity Starting Date, to a deferred annuity payable at age 62
equal to the Defined Benefit Dollar Limitation, or (ii) if the Plan provides for an
immediately commencing straight life annuity payable at age 62 and at the Annuity
Starting Date, the lesser of (I) the amount determined under (i), or (II) the
Defined Benefit Dollar Limitation multiplied by the ratio of the retirement benefit
payable at the Annuity Starting Date in the form described in Section 4.1 to such
retirement benefit (in such form) payable under the Plan at age 62 (computing both
without regard to the rules of section 415 of the Code).
(ii) If the Annuity Starting Date occurs after the Participant attains age 65,
the Defined Benefit Dollar Limitation shall be adjusted so that such limit is equal
to (i) the annual amount of the Participants retirement benefit in the form
described in Section 4.1 at such Annuity Starting Date that is Actuarially
Equivalent, computed using a 5% interest rate and the Applicable Mortality Table
effective for the Annuity Starting Date, to an annual benefit payable at age 65
equal to the Defined Benefit Dollar Limitation, or (ii) if the Plan provides for an
immediately commencing straight life annuity payable at age 65 and at the Annuity
Starting Date, the lesser of (I) the amount determined under (i), or (II) the
Defined Benefit Dollar Limitation multiplied by the ratio of (x) the retirement
benefit payable at such Annuity Starting Date in the form described in
Section 4.1 (computed without regard to the rules of section 415 of the Code),
determined without regard to accruals after age 65, but including actuarial
adjustments even if such adjustments are applied to offset accruals, to (y) the
retirement benefit in the form described in Section 4.1 payable to a hypothetical
participant who is age 65 and has the same accrued benefit (with no actuarial
increases for commencement after age 65) as the Participant, determined without
regard to accruals after age 65 and without applying the rules of section 415 of the
Code.
(e) If the Participant has been a Participant in the Plan for fewer than ten years, the
Defined Benefit Dollar Limitation, as adjusted under paragraph (d) above, if necessary,
shall be reduced by multiplying it by a fraction which has a numerator equal to the
Participants years of participation (including fractions thereof) and which has a
denominator equal to ten.
(f) The term compensation as used in this Section 8.2 shall be defined as per
Internal Revenue Service Regulation 1.415(c)-2(b) and (c). Compensation shall not include
compensation paid following an employees severance from employment with the Employer,
except as otherwise required by Internal Revenue Service Regulation 1.415(c)-2(e)(3)(ii) and
as permitted by Treas. Reg. §1.415(c)-2(e)(3)(iii)(A). In no event shall an employees
compensation with respect to a calendar year exceed the annual compensation limit of
section 401(a)(17) of the Code for such year.
* * *
(i) Notwithstanding the foregoing provisions of this Section 8.2, in accordance with
Internal Service Regulation 1.415(a)-1(g)(4), the benefit payable to a Participant shall in
no event be less than his or her benefit accrued as of December 31, 2007, payable in
accordance with the terms of the Plan as adopted and in effect on April 5, 2007.
IN WITNESS WHEREOF, VWR International, LLC has caused this Amendment No. 4 to be duly executed
this 26th day of May, 2009.
Attest: | VWR INTERNATIONAL, LLC | |||||
/s/ Laureen Quinter
|
By: | /s/ Scott G. Smith
|