Attached files

file filename
EXCEL - IDEA: XBRL DOCUMENT - PEPSICO INCFinancial_Report.xls
EX-4.6 - FORM OF PEPSIAMERICAS, INC. 7.625% NOTES DUE 2015 - PEPSICO INCdex46.htm
EX-32 - CERTIFICATIONS OF CEO AND CFO PURSUANT TO SECTION 906 - PEPSICO INCdex32.htm
EX-4.9 - FORM OF PEPSIAMERICAS, INC. 4.50% NOTES DUE 2013 - PEPSICO INCdex49.htm
EX-15 - LETTER RE: UNAUDITED INTERIM FINANCIAL INFORMATION - PEPSICO INCdex15.htm
EX-31 - CERTIFICATIONS OF CEO AND CFO PURSUANT TO SECTION 302 - PEPSICO INCdex31.htm
EX-4.8 - FORM OF PEPSIAMERICAS, INC. 7.44% NOTES DUE 2026 - PEPSICO INCdex48.htm
EX-4.7 - FORM OF PEPSIAMERICAS, INC. 7.29% NOTES DUE 2026 - PEPSICO INCdex47.htm
EX-12 - COMPUTATION OF RATIO OF EARNINGS TO FIXED CHARGES - PEPSICO INCdex12.htm
EX-4.17 - FORM OF PEPSIAMERICAS, INC. 5.50% NOTES DUE 2035 - PEPSICO INCdex417.htm
EX-4.15 - FORM OF PEPSIAMERICAS, INC. 4.875% NOTES DUE 2015 - PEPSICO INCdex415.htm
EX-4.16 - FORM OF PEPSIAMERICAS, INC. 5.00% NOTES DUE 2017 - PEPSICO INCdex416.htm
EX-10.13 - SPECIFIED EMPLOYEE AMENDMENTS - PEPSICO INCdex1013.htm
EX-10.11 - AMENDMENT TO THE PEPSICO EXECUTIVE INCOME DEFERRAL PROGRAM - PEPSICO INCdex1011.htm
10-Q - FORM 10-Q - PEPSICO INCd10q.htm

Exhibit 10.12

AMENDMENT TO THE

PEPSICO PENSION EQUALIZATION PLAN

DOCUMENT FOR THE 409A PROGRAM

The PepsiCo Pension Equalization Plan document for the 409A Program is hereby amended as set forth below, effective as of the “Effective Time” as defined in Amendment No. 1 below.

 

1. The definition of “Key Employee” in Section 2.1(t) is amended by adding the following new paragraph (4) at the end thereof:

“(4) Identification of Key Employees On and After the Effective Time. Notwithstanding the foregoing, for the periods on and after the Effective Time (as defined in subparagraph (iii) below), Key Employees shall be identified as follows:

(i) For the period that begins on the Effective Time and ends on March 31, 2010, Key Employees shall be identified by combining the lists of Key Employees of all members of the PepsiCo Organization as in effect immediately prior to the Effective Time. The foregoing method of identifying Key Employees is intended to comply with Treas. Reg. § 1.409A-1(i)(6)(i), which authorizes the use of an alternative method of identifying specified employees that complies with Treas. Reg. §§ 1.409A-1(i)(5) and -1(i)(8) and Section VII.C.4.d of the Preamble to the Final Regulations under Section 409A of the Code, which permits “service recipients to simply combine the pre-transaction separate lists of specified employees where it is determined that such treatment would be administratively less burdensome.”

(ii) For periods beginning on or after April 1, 2010, Key Employees under any plan or arrangement sponsored by a member of the PepsiCo Organization that is subject to Section 409A of the Code shall be identified in accordance with an alternative method of identifying Key Employees under Treas. Reg. § 1.409A-1(i)(5) adopted on a global basis by the Company for all such plans and arrangements, or if no such alternative method is adopted, in accordance with the default method for identifying Key Employees under Treas. Reg. § 1.409A-1(i)(1), (2), (3) and (4).

(iii) For purposes of this paragraph (4), “Effective Time” means the earlier of (x) the Effective Time as defined in the Agreement and Plan of Merger dated as of August 3, 2009, among PepsiAmericas, Inc., PepsiCo, Inc., and Pepsi-Cola Metropolitan Bottling Company, Inc., and (y) the Effective Time as defined in the Agreement and Plan of Merger dated as of August 3, 2009, among The Pepsi Bottling Group, Inc., PepsiCo, Inc., and Pepsi-Cola Metropolitan Bottling Company, Inc.”

 

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PEPSICO, INC.
By:  

  /s/ Cynthia M. Trudell

      Cynthia M. Trudell
Title:  

    Senior Vice President and

    Chief Personnel Officer

Date:       2/18/2010

 

APPROVED:
By:  

  /s/ Stacy L. DeWalt

      PepsiCo, Inc. Law Department

 

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