Exhibit 10.61


 


FIRST AMENDMENT

TO THE

ROCKWOOD SPECIALTIES INC.

MONEY PURCHASE PENSION PLAN


 


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


 


THIS
AMENDMENT to the Rockwood Specialties Inc. Money Purchase Pension Plan (“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 maintains the Plan for the benefit of its eligible employees and
their 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
as of January 1, 2009, Section 1.11 is amended by adding the
following sentence 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 1.44 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 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, 2009, Section 3.5.2(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.”


 


4.


 


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


 


“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).”


 


5.


 


Effective
as of January 1, 2007, Section 8.1.1
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.”


 


6.


 


Except
as herein amended, 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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