DTE Energy 2015 Annual Report Download - page 153

4. Effective January 1, 2013, the definition of “Retirement Plan” is amended to read as follows:
 The DTE Energy Company Retirement Plan. The Retirement Plan is a defined benefit pension plan
sponsored by DTE Energy Corporate Services, LLC for eligible employees.
5. Effective January 1, 2013, the third paragraph of “Non-Secured Promise; Amendments” in Appendix A is amended by replacing
“The Detroit Edison Company” with “DTE Energy Company.”
6. Effective as of the date this Third Amendment is adopted, Section 6.01(a) is amended to read as follows:
(a) The Committee shall direct the Company to distribute each Participant’s Vested Account in accordance with the
Participant’s distribution election unless the Plan provides otherwise. The distribution election shall provide for payment in
either (i) annual installments over a period not less than two years and not more than 15 years, in one-year increments, or (ii) a
lump sum distribution. If no distribution election is on file with the Committee, the Participant’s Vested Account shall be
distributed in a single lump sum.
7. Effective January 1, 2016, Section 2.04 is amended to read as follows:
2 . 0 4  means the annual incentive compensation payable in the Plan Year under the DTE
Energy Company Annual Incentive Plan, the DTE Energy Executive Performance Plan, any similar annual incentive plan of
an Affiliated Company, or any successor plan thereto.
8. Effective as of the date this Third Amendment is adopted, the first two sentences of Section 10.03 are amended to read as follows:
1 0 . 0 3 . Right to Accelerate. The Committee in its sole discretion may accelerate all Pre-2005 Benefits upon
termination of the Plan, and pay such benefits in a single lump sum. The Committee may accelerate payment of Post-2004
Benefits upon termination of the Plan only as permitted by Code Section 409A and the related Treasury Regulations.
9. Effective as of the date this Third Amendment is adopted, Section 12.07 is amended to read as follows:
12 . 0 7 . Successors. In the event of any consolidation, merger, acquisition or reorganization of the Company, the
obligations of the Company under this Plan shall continue and be binding upon the Company and its respective successors.
10. Effective as of the date this Third Amendment is adopted, Section 14.05 is amended to read as follows:
14.05. Liability. Upon and at all times after a Change in Control, the Company shall be liable for all obligations under
the Plan to each employee covered by the Plan, regardless of the corporation by which such employee is employed.
11. Effective as of the date this Third Amendment is adopted, in Appendix A, the third sentence of the definition of “Company” in
the “Definition” section is amended to read as follows:
Where the context refers to any liability for the payment of any benefit to an eligible participant or beneficiary thereof, the term
"Company" means DTE Energy Company.
12. Effective as of the date this Third Amendment is adopted, in Appendix A, the last sentence in the “Payment Calculation” section,
immediately preceding the “Schedule of Payments” section, is amended to read as follows:
Each payment under this Plan will be reduced by any federal, state, or local taxes that DTE Energy Company
determines should be withheld from the payment.
13. Effective as of the date this Third Amendment is adopted, in Appendix A, the first three paragraphs of the “Non-Secured
Promise; Amendments” section are revised to read as follows:
‑
Eligible participants have the status of general unsecured creditors of DTE Energy Company. This Plan constitutes a
promise by DTE Energy Company to make benefit payments in the future. DTE Energy Company intends that this Plan be
unfunded for tax purposes and for purposes of Title I of ERISA. DTE Energy Company intends that this Plan be maintained