Exhibit
10.60


 


FIRST AMENDMENT

TO THE

PROFIT-SHARING/401(k) PLAN FOR

EMPLOYEES OF ROCKWOOD SPECIALTIES INC.


 


(As Amended and Restated Effective as of January 1,
2008)


 


THIS AMENDMENT to the Profit-Sharing/401(k) Plan for
Employees of Rockwood Specialties Inc. (the “Plan”) is hereby made and
entered into by Rockwood Specialties Inc. (the “Company”), effective as of the dates hereinbelow.


 


W  I
T  N  E  S  S  E  T  H:


 


WHEREAS, the Company sponsors and maintains the Plan for
the benefit of the Plan’s participants and beneficiaries;


 


WHEREAS, the Company desires to amend the Plan to reflect
legal changes applicable to the Plan, including the Pension Protection Act of
2006 (“PPA”), and the Heroes Earnings Assistance and Relief Tax Act of 2008
(the “HEART Act”); and


 


WHEREAS, the Plan reserves to the Company the right to
amend or modify the Plan from time to time.


 


NOW, THEREFORE, BE IT RESOLVED, that the Plan is hereby
amended as follows:


 


1.


 


Effective January 1, 2009, Section 1.15  is amended by adding the following paragraph to its end:


 


“Effective for Plan Years beginning on or after January 1,
2009, Compensation shall include any payments made to an Employee in qualified
military service, as defined under Code Section 414(u), while on active
duty for a period of more than thirty (30) days that represents all or a
portion of the wages that the Participant would have received if the
Participant were performing services for the Employer during such time.”


 


2.


 


Effective as of January 1, 2007, Section 1.63  is amended by adding the following sentence to its end:


 


“Notwithstanding any provision of this Plan to the
contrary, effective as of January 1, 2007, a Participant’s change in
status from an Eligible


 


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Employee
to Leased Employee shall not be deemed to be a Termination of Employment or a
distribution event under Article VI.”


 


3.


 


Effective
as of January 1, 2008, Section 3.3.2(a) is amended by
adding the following new sentence to the end of its second paragraph:


 


“Notwithstanding
the foregoing, for Plan Years beginning on or after January 1, 2008, “gap
period” gain or loss shall not be required on corrective distributions of
Excess Deferrals.”


 


4.


 


Effective
as of January 1, 2008, Section 3.3.3(b) is amended by
adding the following new sentence to its end:


 


“Notwithstanding
the foregoing, for Plan Years beginning on or after January 1, 2008, “gap
period” gain or loss shall not be required on corrective distributions of
Excess Contributions.”


 


5.


 


Effective
as of January 1, 2008, Section 3.4.2(b) is amended by
adding the following new sentence to its end:


 


“Notwithstanding
the foregoing, for Plan Years beginning on or after January 1, 2008, “gap
period” gain or loss shall not be required on corrective distributions of
Excess Aggregate Contributions.”


 


6.


 


Effective
as of January 1, 2009, Section 3.8.2(d) is amended by
deleting it in its entirety and substituting the following therefor:


 


“In
the event the amount of Annual Additions made on behalf of a Participant during
any Limitation Year beginning on or after January 1, 2009 exceeds the
Maximum Permissible Amount, such excess Annual Additions shall be corrected
using the correction methods available under the Internal Revenue Service’s
Employee Plans Compliance Resolution System (EPCRS), as it may be amended from
time to time.”


 


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7.


 


Effective
as of January 1, 2010, Section 7.3.1
is amended by the following sentence after its first paragraph:


 


“Notwithstanding
anything in the Plan to the contrary, for distributions after December 31,
2009, a non-spouse Beneficiary who is a “designated beneficiary” under Code Section 401(a)(9)(E) may
roll over all or any portion of his distribution in any direct trustee to
trustee transfer to an individual retirement account established by the
Beneficiary which meets the requirements of an inherited IRA under Code Section 402(c)(11) if the distribution otherwise meets
the definition of an eligible rollover distribution as described in Section 7.3.2(a).”


 


8.


 


Effective
as of January 1, 2007, Section 8.1
is amended by adding the following sentence to its end:


 


“Notwithstanding
anything in the Plan to the contrary, effective for deaths occurring on or
after January 1, 2007, if a Participant dies while in qualified military
service, as defined under Code Section 414(u), and before his Benefit
Commencement Date under the Plan, the Participant will be treated as if (i) he
was reemployed by the Employer on the date immediately preceding his death and (ii) his
date of death was his Termination of Employment. The preceding sentence shall
not apply for the purposes of determining any contributions under the Plan.”


 


9.


 


Except
as amended herein, the provisions of the Plan shall remain in full force and
effect.


 


[Signature
Page Follows]


 


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IN
WITNESS WHEREOF, the Company has caused this First Amendment to be executed on
its behalf by its duly authorized agent as of the 22 day of December 2009,
to be effective as of the dates provided herein.


 


 


	
   

  	
  ROCKWOOD
  SPECIALTIES INC.

  
	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  
	
   

  	
  By:

  	
  /s/
  Donna M. Abrunzo

  
	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  
	
   

  	
  Name:

  	
  Donna
  M. Abrunzo

  
	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  
	
   

  	
  Title:

  	
  Assistant
  Secretary

  



 


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