Exhibit 10.9(16)
Execution Copy
AMENDMENT NO. 16
TO THE
UPS QUALIFIED STOCK OWNERSHIP PLAN
AND TRUST AGREEMENT
WHEREAS, United Parcel Service of America, Inc. and certain of its affiliated companies established the UPS Qualified Stock Ownership Plan and Trust (Plan) effective as of January 1, 1998 to provide their eligible employees with a matching contribution invested in shares of UPS class A common stock (UPS Stock) and to permit eligible employees to transfer amounts from the UPS Savings Plan to the Plan for the purpose of investing in UPS Stock;
WHEREAS, the Board of Directors and/or the Executive Committee of United Parcel Service of America, Inc. (the Board) reserved the right in Section 12.1 of the Plan to amend the Plan from time to time;
WHEREAS, this amendment to the Plan is adopted to provide for an increased matching contribution for employees hired on or after January 1, 2008.
NOW THEREFORE, pursuant to the authority vested in the Board of Directors and/or the Executive Committee of United Parcel Service of America, Inc. by Section 12.1 of the UPS Qualified Stock Ownership Plan and Trust (Plan), the Plan is hereby amended, effective January 1, 2008, as follow:
1. Section 4.1(a)(1)(iii) is hereby amended to read as follows:
(iii) For each Employer Company listed in Appendix 4.1(a)(1)(C),
(A) For each Participant with an Employment Commencement Date prior to January 1, 2008, 100% of his or her Pre-Tax Contributions that do not exceed 3% of his or her Eligible Compensation for such Plan Year, and
(B) For each Participant with an Employment Commencement Date, Reemployment Commencement Date or is transferred from ineligible to Eligible Employee status on or after January 1, 2008, 100% of his or her Pre-Tax Contributions that do not exceed 3 1/2% of his or her Eligible Compensation for such Plan Year;
1. Section 4.1(a)(1)(v) is hereby amended to read as follows:
(iii) For each Employer Company listed in Appendix 4.1(a)(1)(E),
(A) For each Participant with an Employment Commencement Date prior to January 1, 2008, 50% of his or her Pre-Tax Contributions that do not exceed 7% of his or her Eligible Compensation for such Plan Year, and
(B) For each Participant with an Employment Commencement Date, Reemployment Commencement Date or is transferred from ineligible to Eligible Employee status on or after January 1, 2008, 100% of his or her Pre-Tax Contributions that do not exceed 3 1/2% of his or her Eligible Compensation for such Plan Year;
2. Appendix 1.24, 4.1(a)(1)(C) and 4.1(a)(1)(E) are hereby amended to read as attached.
IN WITNESS WHEREOF, the undersigned certify that United Parcel Service of America, Inc., based upon prior action by its Board of Directors and/or the Executive Committee has caused this Amendment No. 16 to be adopted.
ATTEST: | UNITED PARCEL SERVICE OF AMERICA, INC. | |||
/s/ TERI P. MCCLURE | /s/ MICHAEL L. ESKEW | |||
Teri P. McClure | Michael L. Eskew | |||
Secretary | Chairman | |||
December 17, 2007 | December 17, 2007 |
UPS QUALIFIED STOCK OWNERSHIP PLAN
Appendix 1.24
Employer Companies
Business Unit/Group |
QSOP Adoption Date | |
UPS |
||
United Parcel Service of America, Inc. |
January 1, 1998 | |
United Parcel Service Co. |
January 1, 1998 | |
UPS General Services Co. |
January 1, 1998 | |
UPS Aviation Services, Inc. |
January 1, 1998 | |
UPS International General Services Co. |
January 1, 1998 | |
UPS Procurement Services Corporation |
January 1, 1998 | |
UPS Worldwide Forwarding, Inc. |
January 1, 1998 | |
United Parcel Service, Inc. (New York) |
January 1, 1998 | |
United Parcel Service, Inc. (Ohio) |
January 1, 1998 | |
Trailer Conditioners, Inc. |
January 1, 1998 | |
UPS Latin America, Inc. |
January 1, 1998 | |
BT Realty Holdings, Inc. |
May 18, 1999 | |
BT Realty Holdings II, Inc. |
May 18, 1999 | |
UPS Capital Corporation |
||
UPS Capital Corporation, Inc. |
May 28, 1998 | |
UPS Capital Insurance Agency, Inc. (Formerly Glenlake Insurance Agency, Inc.) |
July 29, 1998 | |
UPS Capital Insurance Agency, Inc. of California (Formerly Glenlake Insurance Agency, Inc. of California) |
August 10, 1999 | |
UPS Capital Business Credit (Formerly First International Bank) |
September 1, 2001 | |
UPS Capital Business Credit of New Jersey, Inc. (Formerly First International Capital Corporation of New Jersey) |
September 1, 2001 | |
UPS Logistics Group |
||
UPS Logistics Group, Inc. |
January 1, 1998 | |
UPS Supply Chain Solutions, Inc. (includes Diversified Trimodal, Inc. d/b/a Martrac, UPS Supply Chain Management Nevada, Inc., UPS Supply Chain Management Tristate, Inc., UPS Supply Chain Solutions, Inc. UPS Logistics Group Americas, Inc. which were all merged through a series of mergers 12/31/02) | January 1, 1998 (July 1, 2001 for UPS Supply Chain Management Tristate, Inc. , UPS Logistics Group Americas, Inc. and UPS Supply Chain Management Nevada, Inc.) | |
UPS Logistics Technologies, Inc. |
January 1, 1998 | |
Worldwide Dedicated Services, Inc. |
January 1, 1998 | |
UPS Global Forwarding Services, Inc. (including Livingston Healthcare Services, Inc. merged 12/31/01) | July 1, 2001 | |
UPS Service Parts Logistics, Inc. (Dissolved 12/31/04) |
July 1, 2001 | |
UPSLG Puerto Rico, Inc. (Dissolved 12/31/04) |
July 1, 2001 | |
UPS Aviation Technologies, Inc. |
January 1, 1998 | |
UPS Customhouse Brokerage, Inc. |
January 1, 1998 | |
UPS Full Service Brokerage, Inc. |
June 6, 2000 | |
UPS Telecommunications, Inc. (UPS Teleservices) |
July 1, 2001 | |
UPS Mail Innovations, Inc. (Formerly UPS Messaging Inc.) UPS Mail Technologies, Inc. (Mail2000, Inc. Sold to DST Output of California, Inc. 5/29/03) |
February 1, 2001 | |
UPS Mail Boxes Etc., Inc. |
April 30, 2001 |
UPS Consulting, Inc. (Dissolved 8/20/07) | February 8, 2001 | |
Fritz Companies | ||
Fritz Companies, Inc. (including UPS Full Service Brokerage, Inc. merged 7/1/02) | July 1, 2001 | |
New Neon Company, Inc. | November 1, 2001 | |
iShip, Inc. | December 1, 2001 | |
UPS Supply Chain Solutions, Inc. | January 1, 2002 | |
Overnite Corporation | January 1, 2006 | |
UPS Ground Freight d/b/a UPS Freight (Formerly Overnite Transportation Company) | January 1, 2006 | |
Motor Cargo Industries, Inc. (includes Motor Cargo which was merged 5/1/06) | January 1, 2006 | |
Overnite Transportation Company (includes Motor Cargo Distribution Services, Inc. which was merged 5/1/06) | January 1, 2006 |
UPS QUALIFIED STOCK OWNERSHIP PLAN
APPENDIX 4.1(a)(1)(C)
(Effective July 1, 2001 and revised January 1, 2008)
Eligible Employees with an Employment Commencement Date or Reemployment Commencement Date prior to January 1, 2008 will have a SavingsPLUS Contribution Level equal to 100% of Pre-Tax Contributions that do not exceed 3% of Eligible Compensation
Eligible Employees with an Employment Commencement Date, Reemployment Commencement Date or who are transferred from ineligible to Eligible Employee status on or after January 1, 2008 will have a SavingsPLUS Contribution Level equal to 100% of Pre-Tax Contributions that do not exceed 3 1/2 % of Eligible Compensation
UPS
United Parcel Service of America, Inc.
United Parcel Service Co.
UPS General Services Co.
UPS Aviation Services, Inc.
UPS International General Services Co.
UPS Procurement Services Corporation
UPS Worldwide Forwarding, Inc.
United Parcel Service, Inc. (New York)
United Parcel Service, Inc. (Ohio)
Trailer Conditioners, Inc.
UPS Latin America, Inc.
BT Realty Holdings, Inc.
BT Realty Holdings II, Inc.
UPS Capital Corporation
UPS Capital Corporation, Inc.
UPS Capital Insurance Agency, Inc. (Formerly Glenlake Insurance Agency, Inc.)
UPS Capital Insurance Agency, Inc. of California (Formerly Glenlake Insurance Agency, Inc. of California)
[Effective September 1, 2001]
UPS Capital Business Credit (Formerly First International Bank)
[Effective September 1, 2001]
UPS Capital Business Credit of New Jersey, Inc. (Formerly First International Capital Corporation of New Jersey)
UPS Logistics Group
UPS Logistics Group, Inc.
UPS Supply Chain Solutions, Inc. (includes Diversified Trimodal, Inc. d/b/a
Martrac, UPS Supply Chain Management Nevada, Inc., UPS Supply Chain Management Tristate, Inc., UPS Supply Chain Management, Inc. UPS Logistics Group Americas, Inc. which were all merged through a series of mergers 12/31/02)
UPS Logistics Technologies, Inc.
Worldwide Dedicated Services, Inc.
UPS Global Forwarding Services, Inc. (including Livingston Healthcare Services, Inc. merged 12/31/01)
UPS Service Parts Logistics, Inc.
UPSLG Puerto Rico, Inc.
UPS Aviation Technologies, Inc.
UPS Customhouse Brokerage, Inc.
UPS Full Service Brokerage, Inc.
UPS Telecommunications, Inc.
(UPS Teleservices)
UPS Mail Innovations, Inc. (Formerly UPS Messaging Inc.)
UPS Mail Technologies, Inc. (Formerly Mail2000, Inc., Sold to DST Output of California, Inc. 5/29/03)
UPS Mail Boxes Etc., Inc.
UPS Consulting, Inc. (Dissolved 8/20/07)
[Effective December 1, 2001]
iShip, Inc.
[Effective January 1, 2004]
ConnectShip, Inc.
UPS QUALIFIED STOCK OWNERSHIP PLAN
APPENDIX 4.1(a)(1)(E)
(Effective January 1, 2006 and revised January 1, 2008)
Eligible Employees with an Employment Commencement Date or Reemployment Commencement Date prior to January 1, 2008 will have a SavingsPLUS Contribution Level equal to 50% of Pre-Tax Contributions that do not exceed 7% of Eligible Compensation
Eligible Employees with an Employment Commencement Date, Reemployment Commencement Date or who are transferred from ineligible to Eligible Employee status on or after January 1, 2008 will have a SavingsPLUS Contribution Level equal to 100% of Pre-Tax Contributions that do not exceed 3 1/2 % of Eligible Compensation
Overnite Corporation
UPS Ground Freight, Inc. (including Overnite Transportation Company and Motor Cargo Distribution Services, Inc. which were merged 5/1/06)
Motor Cargo Industries, Inc. (including Motor Cargo which was merged 5/1/06)