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ARTICLE I—PURPOSE; EFFECTIVE DATE | 1 | |
1.1 Purpose | 1 | |
1.2 Effective Date | 1 | |
ARTICLE II—DEFINITIONS | 1 | |
2.1 Actuarial Equivalent | 1 | |
2.2 Beneficiary | 1 | |
2.3 Board | 1 | |
2.4 Change in Control | 1 | |
2.5 Committee | 2 | |
2.6 Company | 2 | |
2.7 Compensation | 2 | |
2.8 Deferred Compensation Plan | 3 | |
2.9 Disability | 3 | |
2.10 Early Retirement Date | 3 | |
2.11 Final Average Compensation | 3 | |
2.12 Form of Payment Designation | 3 | |
2.13 401(k) Plan | 3 | |
2.14 Normal Retirement Date | 3 | |
2.15 Participant | 4 | |
2.16 Participation Agreement | 4 | |
2.17 Plan | 4 | |
2.18 Retirement | 4 | |
2.19 Retirement Plan | 4 | |
2.21 Target Benefit Percentage | 4 | |
2.22 Termination of Employment | 4 | |
2.23 Years of Service | 4 | |
ARTICLE III—PARTICIPATION | 5 | |
3.1 Eligibility and Participation | 5 | |
3.2 Change in Employment Status | 5 | |
3.3 Recovery from Disability | 5 | |
ARTICLE IV—SURVIVOR BENEFITS | 6 | |
4.1 Pretermination Survivor Benefit | 6 | |
4.2 Post-termination Survivor Benefit | 6 | |
4.3 Suicide; Misrepresentation | 6 |
(i)
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ARTICLE V—SUPPLEMENTAL BENEFITS | 7 | |
5.1 Right to Supplemental Retirement Benefit | 7 | |
5.2 Normal Retirement Benefit | 7 | |
5.3 Early Retirement Benefit | 7 | |
5.4 Disability Retirement Benefit | 8 | |
5.5 Forfeiture of Benefits | 8 | |
5.6 Form of Payment | 8 | |
5.7 Change in Control | 9 | |
5.8 Commencement of Benefit Payments | 9 | |
5.9 Withholding; Payroll Taxes | 10 | |
5.9 Payment to Guardian | 10 | |
ARTICLE VI—BENEFICIARY DESIGNATION | 10 | |
6.1 Beneficiary Designation | 10 | |
6.2 Changing Beneficiary | 10 | |
6.3 Change in Marital Status | 10 | |
6.4 No Beneficiary Designation | 11 | |
6.5 Effect of Payment | 11 | |
ARTICLE VII—ADMINISTRATION | 11 | |
7.1 Committee; Duties | 11 | |
7.2 Agents | 11 | |
7.3 Binding Effect of Decisions | 12 | |
7.4 Indemnity of Committee | 12 | |
7.5 Election of Committee After Change in Control | 12 | |
ARTICLE VIII—CLAIMS PROCEDURE | 12 | |
8.1 Claim | 12 | |
8.2 Denial of Claim | 12 | |
8.3 Review of Claim | 12 | |
8.4 Final Decision | 13 | |
ARTICLE IX—TERMINATION, SUSPENSION OR AMENDMENT | 13 | |
9.1 Termination, Suspension or Amendment of Plan | 13 | |
ARTICLE X—MISCELLANEOUS | 13 |
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10.1 Unfunded Plan | 13 | |
10.2 Company Obligation | 14 | |
10.3 Unsecured General Creditor | 14 | |
10.4 Trust Fund | 14 | |
10.5 Nonassignability | 14 | |
10.6 Not a Contract of Employment | 14 | |
10.7 Protective Provisions | 14 | |
10.8 Governing Law | 15 | |
10.9 Validity | 15 | |
10.10 Notice | 15 | |
10.11 Successors | 15 |
(iii)
(As Amended and Restated Effective January 1, 2009)
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JACK IN THE BOX INC. ADMINISTRATIVE COMMITTEE | ||||
By: | ||||
Jerry P. Rebel | ||||
Executive Vice President | ||||
By: | ||||
Phillip H. Rudolph | ||||
Senior Vice President | ||||
By: | ||||
Harold L. Sachs | ||||
Vice President | ||||
By: | ||||
Paul Melanson | ||||
Vice President |
PAGE 15 — SUPPLEMENTAL EXECUTIVE RETIREMENT PLAN
By: | ||||
Mark Blankenship | ||||
Vice President Dated: December 15, 2008 | ||||
PAGE 16 — SUPPLEMENTAL EXECUTIVE RETIREMENT PLAN