DTE Energy 2012 Annual Report Download - page 140

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Exhibit 10-81
First Amendment to DTE Supplemental Savings Plan Restated Effective January 1, 2005 - Page 3 of 3
FIRST AMENDMENT TO THE
DTE ENERGY COMPANY
SUPPLEMENTAL SAVINGS PLAN
(Amended and Restated Effective January 1, 2005 )
Recitals
As authorized by resolutions adopted by the DTE Energy Benefit Plan Administration Committee on November 13, 2012, the DTE Energy Company
Supplemental Savings Plan (Amended and Restated Effective January 1, 2005), is amended as follows:
1. Effective January 1, 2012, Section 2.1 is amended to read as follows:
2.1 Post-2004 Account. “Post-2004 Account” means the portion of a Participant's Account attributable to credits and debits made to the
Participant's Account under Sections 4.2(a), (b), and (c) after December 31, 2004, and earnings credited or losses debited to the Participant's Account
under Section 4.2 attributable to these Section 4.2(a), (b), and (c) credits and debits.
2. Effective January 1, 2012, Sections 3.1 and 3.2 are amended to read as follows:
3.1. Eligibility to Participate.
(a) Only the following individuals are eligible to participate in the Plan:
(1) any Executive or
(2) other management or highly compensated Employees as shall be approved by the Chief Executive Officer of an Employer
that has adopted the Plan
whose Before-Tax Contributions, Matching Contributions, or Employer Contributions under the Qualified Plan are limited because of the limitation
on compensation under Section 401(a)(17) of the Code, the limitation on elective deferrals under Section 402(g) of the Code, the limitation on benefits
and contributions under Section 415 of the Code, or any other provision of the Code or other law that the Committee hereafter designates.
(b) Effective Date for Participation. Each employee of the Company and Participating Affiliated Companies who is employed at
the level of Director or above (or equivalent) and who is designated as an Executive shall be eligible to participate in the Plan effective as of the later of
(i) the date determined by the Vice President, Human Resources, or (ii) the date on which the employee is formally notified of his or her eligibility to
participate.
(c) Determination of Executive Status. The Vice President, Human Resources shall designate employees as Executives. The Vice
President, Human Resources may revoke such designation prior to any Plan Year with respect to the Executive's ability to defer future compensation
payable by the Company or Participating Affiliated Company or to receive Employer Contributions. However, no revocation can adversely affect any
amounts previously electively deferred by the Executive under the Plan or otherwise credited to the Executive's Account under the Plan.
(d) Mid-Year Participation. An employee who is designated as an Executive and wishes to defer compensation under the Plan for
the Plan Year in which the employee is so designated must file a written election with the Committee within 30 days of the date the employee is
formally notified of his or her eligibility to participate. Failure to file a written election before the end of this 30-day period precludes the Executive
from deferring compensation under the Plan until the beginning of the next Plan Year.
3.2. Election to Participate.