CENTURY ALUMINUM CO - FORM 10-K - EX-10.38 - FIRST AMENDMENT OF THE CENTURY ALUMINUM COMPANY AMENDED AND RESTATED SUPPLEMENTAL RETIREMENT INCOME BENEFIT PLAN - March 16, 2010

Attached files

file filename
EX-23.1 - CONSENT OF DELOITTE & TOUCHE LLP - CENTURY ALUMINUM COexhibit23_1.htm
EX-21.1 - LIST OF SUBSIDIARIES - CENTURY ALUMINUM COexhibit21_1.htm
EX-31.2 - RULE 13A-14(A)/15D-14(A) CERTIFICATION ? CHIEF FINANCIAL OFFICER - CENTURY ALUMINUM COexhibit31_2.htm
EX-24.1 - POWERS OF ATTORNEY - CENTURY ALUMINUM COexhibit24_1.htm
EX-10.5 - AMENDMENT NO. 4 TO EMPLOYMENT AGREEMENT DATED AS OF DECEMBER 30, 2009, BY AND BETWEEN CENTURY ALUMINUM COMPANY AND LOGAN W. KRUGER - CENTURY ALUMINUM COexhibit10_5.htm
EX-32.1 - SECTION 1350 CERTIFICATIONS - CENTURY ALUMINUM COexhibit32_1.htm
EX-31.1 - RULE 13A-14(A)/15D-14(A) CERTIFICATION ? CHIEF EXECUTIVE OFFICER - CENTURY ALUMINUM COexhibit31_1.htm
EX-10.27 - AMENDED AND RESTATED SEVERANCE PROTECTION AGREEMENT, DATED AS OF JANUARY 1, 2008, BY AND BETWEEN CENTURY ALUMINUM COMPANY AND WILLIAM J. LEATHERBERRY - CENTURY ALUMINUM COexhibit10_27.htm
EX-10.30 - AMENDMENT NO. 1 TO SEVERANCE AGREEMENT DATED AS OF DECEMBER 1, 2008, BY AND BETWEEN CENTURY ALUMINUM COMPANY AND STEVE SCHNEIDER - CENTURY ALUMINUM COexhibit10_30.htm
EX-10.26 - EMPLOYMENT AGREEMENT, DATED AS OF DECEMBER 30, 2009, BY AND BETWEEN CENTURY ALUMINUM COMPANY AND WILLIAM J. LEATHERBERRY - CENTURY ALUMINUM COexhibit10_26.htm
EX-10.23 - LETTER AGREEMENT DATED DECEMBER 30, 2009 BETWEEN CENTURY ALUMINUM COMPANY AND ROBERT R. NIELSEN - CENTURY ALUMINUM COexhibit10_23.htm
EX-10.44 - FORM OF INDEPENDENT NON-EMPLOYEE DIRECTOR ANNUAL EQUITY-GRANT TIME-VESTING PERFORMANCE SHARE UNIT AWARD AGREEMENT - CENTURY ALUMINUM COexhibit10_44.htm
EX-10.45 - AMENDED AND RESTATED CENTURY ALUMINUM COMPANY EXECUTIVE SEVERANCE PROTECTION PLAN, ADOPTED NOVEMBER 1, 2009 - CENTURY ALUMINUM COexhibit10_45.htm
EX-10.67 - AMENDMENT TO STANDSTILL AND GOVERNANCE AGREEMENT, DATED JANUARY 27, 2009, BY AND BETWEEN CENTURY ALUMINUM COMPANY AND GLENCORE AG - CENTURY ALUMINUM COexhibit10_67.htm
EX-10.28 - AMENDMENT NO. 1 TO AMENDED AND RESTATED SEVERANCE PROTECTION AGREEMENT DATED AS OF DECEMBER 1, 2008, BY AND BETWEEN CENTURY ALUMINUM COMPANY AND WILLIAM J. LEATHERBERRY - CENTURY ALUMINUM COexhibit10_28.htm
EX-10.43 - FORM OF INDEPENDENT NON-EMPLOYEE DIRECTOR ANNUAL RETAINER FEE PAYMENT TIME-VESTING PERFORMANCE SHARE UNIT AWARD AGREEMENT - CENTURY ALUMINUM COexhibit10_43.htm
10-K - CENTURY ALUMINUM COMPANY ANNUAL REPORT ON FORM 10-K FOR THE YEAR ENDED DECEMBER 31, 2009 - CENTURY ALUMINUM COform10k.htm
EX-10.29 - AMENDED AND RESTATED SEVERANCE PROTECTION AGREEMENT, DATED AS OF MARCH 20, 2007, BY AND BETWEEN CENTURY ALUMINUM COMPANY AND STEVE SCHNEIDER - CENTURY ALUMINUM COexhibit10_29.htm
 
 
EXHIBIT 10.38

 
AMENDMENT NO. 1 TO THE
CENTURY ALUMINUM COMPANY AMENDED AND RESTATED
SUPPLEMENTAL RETIREMENT INCOME BENEFIT PLAN
(As Amended and Restated Effective June 22, 2009)


WHEREAS, Century Aluminum Company (the “Company”) adopted and maintains the Century Aluminum Company Amended and Restated Supplemental Retirement Income Benefit Plan, as amended and restated effective June 22, 2009 (the "Plan"); and
 
WHEREAS, the Company, with the approval of the Compensation Committee of the Company, is authorized to amend the Plan under Section 13(a) of the Plan; and
 
WHEREAS, the Company, with the approval of the Compensation Committee desires to clarify that cash awards under a long term incentive plan are excluded in the calculation of a participant’s enhanced retirement benefit under the Plan;
 
NOW, THEREFORE, effective as of the date hereof, the Plan shall be amended as follows:
 
1.           The first sentence of Section 5(b) Enhanced Retirement Benefit (“ERB”) shall read in full as follows:
 
At the time an executive is designated as a Participant, the Compensation Committee shall, if applicable, also specify in writing the percentage to be used by the Company to estimate the Participant’s Targeted Retirement Income and, using the percentage specified with respect to the Participant, the Company shall estimate the excess of (A) over (B) based on the Participant’s current annual base pay plus his most recent cash bonus (excluding cash awards under a long term incentive plan), assuming 5% annual increases in such pay until Target Retirement Age, where:
 
(A) is the Participant’s Targeted Retirement Income at Target Retirement Age; and
 
(B) is the Participant’s Nonenhanced Pension Plan Income at Target Retirement Age.
 
2.           Subparagraph (i) of Section 5(b) Enhanced Retirement Benefit (“ERB”) shall read in full as follows:
 
(i) Increased to the extent the Participant’s ERB would be higher if his Targeted Retirement Income had been based on actual pay (base pay and cash bonuses, excluding cash awards under a long term incentive plan) during any three calendar years out of his last ten calendar years of employment with the Company that produces the highest average annual pay; and
 

 
1
 


 
IN WITNESS WHEREOF, an authorized officer of the Company has caused this Amendment No. 1 to the Plan to be executed this 22nd day of February, 2010.
 
 
CENTURY ALUMINUM COMPANY RETIREMENT COMMITTEE
 
 
 
By:
/s/ William J. Leatherberry
 
Title:
William J. Leatherberry, Chairman

 


 
2
 

Stock widget

Investing forum

CENTURY ALUMINUM CO Reports