DTE Energy 2012 Annual Report Download - page 141

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(a) Compensation Deferral. An Executive who is eligible to defer compensation may make compensation deferrals under the Plan by filing
a written election with the Committee on a form approved by the Committee. The Executive's election must authorize the Employer to defer the
designated amount of the Executive's Compensation under Section 4.2(a) and evidence the Executive's acceptance of and agreement to all the
provisions of the Plan.
The Executive's election must be made no later than December 31 of the year that immediately precedes the year for which it
applies. However, the first election by any Executive to participate in this Plan shall be effective for any Compensation earned after the election is
received by the Committee and after contributions to the Qualified Plan are limited in accordance with Section 3.1 above. An election shall be
irrevocable for the current calendar year. An election shall be irrevocable for future calendar years unless a written revocation is filed with the
Committee prior to the first day of the calendar year for which the revocation is desired.
(b) Employer Contributions. An Executive is not required to file a written election in order to participate in the Plan with respect
to amounts credited to the Executive's Account under Section 4.2(c). Credits will be made to the Executive's Account under Section 4.2(c)
automatically.
3. Effective January 1, 2012, Sections 4.1, 4.2, and 4.3are amended to read as follows:
4.1. Establishment of Accounts . The Employer will establish accounts for each of its Executives who is a Participant in the Plan.
Separate hypothetical bookkeeping accounts corresponding in name to the separate funds under the Qualified Plan shall be maintained for each
Participant. Credits under Sections 4.2(a), (b), and (c) will also be maintained in separate accounts. The hypothetical bookkeeping accounts will be
maintained as unfunded general bookkeeping accounts and all amounts represented by the accounts remain a part of the general funds of the
Employer of the Participant, subject to the claims of the Employer's general creditors. Nothing in the Plan and no action taken under the Plan is
deemed to create a trust or fund of any kind or to create any fiduciary relationship. The obligation to make payments under this Plan is and remains
an unsecured, unfunded general obligation of the Employer of the particular Participant. Each Executive who is a Participant in the Plan will be
provided a quarterly statement of the unfunded accounts maintained for the Participant.
4.2. Credits and Debits to Participants' Accounts . As of the end of a pay period, the following credits will be made to the hypothetical
bookkeeping accounts maintained for a Participant:
(a) An amount equal to the difference between (1) and (2) below:
(1) the amount that the Participant would have contributed to the Qualified Plan as Before-Tax Contributions for the
pay period if the Before-Tax Contributions by the Participant under the Qualified Plan were not limited by any of the restrictions in Section 3.1(a) or
any provision of the Qualified Plan relating to the limitations in Section 3.1(a); and
(2) the amount the Participant actually contributed to the Qualified Plan as Before-Tax Contributions for the pay period.
(b) An amount equal to the difference between (1) and (2) below:
(1) the amount that the Employer of the Participant would have contributed to the Qualified Plan as Matching
Contributions on behalf of the Participant for the pay period if the Participant had contributed to the Qualified Plan the amount set forth in Section
4.2(a)(1) during the pay period; and
(2) the amount that the Employer actually contributed to the Qualified Plan as Matching Contributions on behalf of the
Participant for the pay period.
(c) An amount equal to the difference between (1) and (2) below:
(1) the amount that the Employer of the Participant would have contributed to the Qualified Plan as Employer
Contributions on behalf of the Participant for the pay period if the Employer Contributions under the Qualified Plan were not limited by any of the
restrictions in Section 3.1(a) or any provision of the Qualified Plan relating to the limitations in Section 3.1(a); and