UNITED STATES

SECURITIES AND EXCHANGE COMMISSION

Washington, D.C. 20549

FORM 8-K

CURRENT REPORT

Pursuant to Section 13 OR 15(d) of

The Securities Exchange Act of 1934

Date of Report (Date of earliest event reported) January 4, 2011

CMS Bancorp Inc.

(Exact name of registrant as specified in its charter)

Registrant’s telephone number, including area code: (914) 422-2700

(Former name or former address, if changed since last report)

Check the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy the filing obligation of the registrant under any of the following provisions:

Item 5.02 Departure of Directors or Certain Officers; Election of Directors; Appointment of Certain Officers; Compensatory Arrangements of Certain Officers.

(e) On December 29, 2010, CMS Bancorp, Inc. (the “Registrant”) and its wholly owned subsidiary, Community Mutual Savings Bank (the “Bank”), each entered into separate, parallel, amended and restated employment agreements (the “New Employment Agreements”) with Mr. John Ritacco as President and Chief Executive Officer of the Registrant and the Bank. The New Employment Agreements, effective as of January 1, 2011, amend and restate employment agreements between each of the Registrant and the Bank and Mr. Ritacco that were filed as Exhibits 10.1 and 10.2 to the Registrant’s current report on Form 8-K filed with the Securities and Exchange Commission on July 30, 2008.

The New Employment Agreements are substantially similar to the employment agreements they replace, except that the New Employment Agreements (i) provide that the Registrant and the Bank will employ Mr. Ritacco until December 31, 2012, (ii) provide for Mr. Ritacco to receive an annual base salary of $325,000 while maintaining the same bonus structure whereby Mr. Ritacco will receive an annual bonus of $45,000 and be eligible to receive an additional bonus if he achieves certain performance objectives set by the Bank, and (iii) provide for one year extensions of each agreement’s term only through affirmative action by the Board of Directors (the “Board”) of each of the Registrant and Bank on or before March 31^st of the year in which expiration would otherwise occur, provided that automatic extension for an additional year will occur if Mr. Ritacco notifies each Board between March 1^st and March 15^th of the year in which the agreement’s term is scheduled to end, and the Board does not notify Mr. Ritacco in writing by March 31^st of such year that the Board is renewing or not renewing the agreement.

The foregoing description of the New Employment Agreements does not purport to be complete and is qualified in its entirety by reference to the New Employment Agreements attached hereto as Exhibits 10.1 and 10.2 and which are incorporated herein by reference.

SIGNATURE

Pursuant to the requirements of the Securities Exchange Act of 1934, as amended, the Registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized.