ex10-6.htm


    
      EXHIBIT 10.6
 

     

    
      AMENDMENT
NUMBER SIX

      TO
THE

      EG&G
TECHNICAL SERVICES, INC. EMPLOYEES RETIREMENT PLAN

       

      


       

      (2007
Restatement)

       

      The
EG&G Technical Services, Inc. Employees Retirement Plan, as restated
effective January 1, 2007, is hereby amended effective as of the dates set forth
below.

       

      
        	
                1.  

              	
                Section
      4.5(c) is amended in its entirety to read as follows, effective for
      Qualified Pretirement Survivor Annuity explanations provided on or after
      July 1, 2004:

              


      

       

      
        	
                 
      

              	
                (c)

              	
                The
      Participant’s surviving Spouse may elect to receive the Qualified
      Pre-Retirement Spouse’s Retirement Income in the form of Option 5 of
      Section 5.2.  The Plan Administrator will provide a notification
      to the surviving Spouse that shall include a general description of the
      material features, and an explanation of the relative values of, the
      optional forms of benefit available under the Plan in a manner that would
      satisfy the notice requirements of IRC 417(a)(3) and Treas. Reg.
      1.417(a)(3)-1.

              


      

       

      
        	
                2.  

              	
                The
      final sentence of Section 4.6(a) is amended to read as follows, effective
      for limitation years beginning on or after July 1,
  2007:

              


      

       

      
        	
              	
                 

              	
                For
      purposes of this Section 4.6, and applying the limitations of Code Section
      415, compensation shall include any amount which is contributed or
      deferred by the Employer on behalf of and at the election of a Participant
      and which is not includible in gross income by reason of Code Section 125,
      402(e)(3) or 457 or, effective January 1, 2001, Code Section
      132(f)(4).

              


      

       

      
        	
                3.  

              	
                Section
      4.6(b)(ii) is amended in its entirety to read as follows, effective for
      limitation years beginning on or after July 1,
  2007:

              


      

       

      
        	
                 
      

              	
                (ii)

              	
                Adjustment
      of Limitation for Commencement prior to Attaining Age 62.  The
      Dollar Limitation applicable to the Participant at such earlier age is an
      annual benefit payable in the form of a straight life annuity beginning at
      the earlier age that is the Actuarial Equivalent of the Dollar Limitation
      applicable to the Participant at age 62 (as adjusted under (i) above, if
      required).

              


      

       

      
        	
                 
      

              	
                (A)

              	
                For
      Benefits Commencing in Limitation Years Beginning before July 1,
      2007.  The Dollar Limitation applicable at an age prior to age
      62 is determined as the lesser of:

              


      

       

      
        	
                 
      

              	
                (I)

              	
                the
      Actuarial Equivalent (at such age) of the Dollar Limitation computed using
      the interest rate and mortality table (or other tabular factor) specified
      in Section 1.20(b) of the Plan; and

              


      

       

      
        
          
          

        

        
          1

          
            

          

        

        
          
          

        

      

      
        	
                 
      

              	
                (II)

              	
                the
      Actuarial Equivalent (at such age) of the Dollar Limitation computed using
      a 5% interest rate and the Applicable Mortality Table as defined in
      Section 1.20(c)(ii)(C) of the Plan.

              


      

       

      
        	
              	
                 

              	
                Any
      decrease in the Dollar Limitation determined in accordance with this
      paragraph (ii) shall not reflect a mortality decrement to the extent that
      benefits are not forfeited upon the death of the
    Participant.

              


      

       

      
        	
                 
      

              	
                (B)

              	
                For
      Benefits Commencing in Limitation Years Beginning on or after July 1,
      2007.

              


      

       

      
        	
                 
      

              	
                (I)

              	
                If
      the Plan does not have an immediate commencing straight life annuity
      payable both at age 62 and the age of benefit commencement, the Dollar
      Limitation applicable at an age prior to age 62 is determined using 5%
      interest rate and the Applicable Mortality Table as defined in Section
      1.20(c)(ii)(C) of the Plan (and expressing the participant's age based on
      completed calendar months as of the Annuity Starting
  Date).

              


      

       

      
        	
                 
      

              	
                (II)

              	
                If
      the plan has an immediate commencing straight life annuity payable both at
      age 62 and the age of benefit commencement, the Dollar Limitation
      applicable at an age prior to age 62 is determined as the lesser
      of:

              


      

       

      
        	
                 
      

              	
                a)

              	
                the
      Dollar Limitation calculated under subparagraph (B)(I), above;
      and

              


      

       

      
        	
                 
      

              	
                b)

              	
                the
      Dollar Limitation set forth in paragraph (a), above, multiplied by the
      ratio of 1) to 2), where:

              


      

       

      
        	
                 
      

              	
                1)

              	
                is
      equal to annual amount of the immediately commencing straight life annuity
      under the Plan at the Participant’s Annuity Starting Date ;
      and

              


      

       

      
        	
                 
      

              	
                2)

              	
                is
      equal to the annual amount of the immediately commencing straight life
      annuity under the Plan at age 62.

              


      

       

      
        	
              	
                 

              	
                The
      annual amounts under both subsections 1) and 2) above are determined
      without applying the limitations under Code Section
  415.

              


      

       

      
        	
              	
                 

              	
                Notwithstanding
      the foregoing, all adjustments of the Dollar Limitation for benefits
      commencing in Limitation Years beginning on or after July 1, 2007 shall be
      made in accordance with Treasury Regulations Section 1.415(b)-1, and all
      adjustments of the Dollar Limitation for benefits commencing in Limitation
      Years beginning before July 1, 2007 shall be made in accordance with the
      provisions of 

              


      

       

       

      
        
          
          

        

        
          2

          
            

          

        

        
          
          

        

      

       

      
        	
              	
                 

              	
                Code
      Section 415 and the Treasury Regulations thereunder as in effect at the
      time distribution of benefits
commenced.

              


      

       

      
        	
                4.  

              	
                Section
      4.6(b)(iii) is amended in its entirety to read as follows, effective for
      limitation years beginning on or after July 1,
  2007:

              


      

       

      
        	
                 
      

              	
                (iii)

              	
                Adjustment
      of Limitation for Commencement after Age 65.  The Dollar
      Limitation applicable to the Participant is the annual benefit payable in
      the form of a straight life annuity beginning at the later age that is
      Actuarially Equivalent to the Dollar Limitation applicable to the
      Participant at age 65 (as adjusted under (i) above, if
      required).

              


      

       

      
        	
                 
      

              	
                (A)

              	
                For
      Benefits Commencing in Limitation Years Beginning before July 1,
      2007.  The Actuarial Equivalent of the Dollar Limitation
      applicable at an age after age 65 is determined as the lesser
      of:

              


      

       

      
        	
                 
      

              	
                (I)

              	
                the
      Actuarial Equivalent (at such age) of the Dollar Limitation computed using
      the interest rate and mortality table (or other tabular factor) specified
      in Section 1.20(b) of the Plan; and

              


      

       

      
        	
                 
      

              	
                (II)

              	
                the
      Actuarial Equivalent (at such age) of the Dollar Limitation computed using
      a 5% interest rate assumption and the Applicable Mortality Table as
      defined in Section 1.20(c)(ii)(C) of the
Plan.

              


      

       

      
        	
              	
                 

              	
                For
      these purposes, mortality between age 65 and the age at which benefits
      commence shall be ignored, to the extent that benefits are not forfeited
      upon death of the Participant.

              


      

       

      
        	
                 
      

              	
                (B)

              	
                For
      Benefits Commencing in Limitation Years Beginning on or after July 1,
      2007.

              


      

       

      
        	
                 
      

              	
                (I)

              	
                If
      the Plan does not have an immediate commencing straight life annuity
      payable both at age 65 and the age of benefit commencement, the increase
      in the Dollar Limitation applicable at the Participant’s Annuity Starting
      Date  is determined using 5% interest rate and the Applicable
      Mortality Table as defined in Section 1.20(c)(ii)(C) of the Plan (and
      expressing the participant's age based on completed calendar months as of
      the Annuity Starting Date ).

              


      

       

      
        	
                 
      

              	
                (II)

              	
                If
      the Plan has an immediate commencing straight life annuity payable both at
      age 65 and the age of benefit commencement, the Dollar Limitation
      applicable at an age subsequent to age 65 is determined as the lesser
      of:

              


      

       

      
        	
                 
      

              	
                a)

              	
                the
      Dollar Limitation calculated under subparagraph (B)(I), above;
      and

              


      

       

      
        
          
          

        

        
          3

          
            

          

        

        
          
          

        

      

      
        	
                 
      

              	
                b)

              	
                the
      Dollar Limitation set forth in paragraph (a), above, multiplied by the
      ratio of 1) to 2), where:

              


      

       

      
        	
                 
      

              	
                1)

              	
                is
      equal to the annual amount of the immediately commencing straight life
      annuity under the Plan at the Participant’s Annuity Starting Date
      (computed disregarding the Participant's accruals after age 65 but
      including actuarial adjustments even if those actuarial adjustments are
      applied to offset accruals); and

              


      

       

      
        	
                 
      

              	
                2)

              	
                is
      equal to the annual amount of the immediately commencing straight life
      annuity under the Plan at age 65 (the annual amount of such annuity that
      would be payable under the plan to a hypothetical participant who is age
      65 and has the same accrued benefit as the
  participant.).

              


      

       

      
        	
              	
                 

              	
                The
      annual amounts under both subsections 1) and 2) above are determined
      without applying the limitations under Code Section
  415.

              


      

       

      
        	
              	
                 

              	
                Notwithstanding
      the foregoing, all adjustments of the Dollar Limitation for benefits
      commencing in Limitation Years beginning on or after July 1, 2007 shall be
      made in accordance with Treasury Regulations Section 1.415(b)-1, and all
      adjustments of the Dollar Limitation for benefits commencing in Limitation
      Years beginning before July 1, 2007 shall be made in accordance with the
      provisions of Code Section 415 and the Treasury Regulations thereunder as
      in effect at the time distribution of benefits
  commenced.

              


      

       

      
        	
                5.  

              	
                Section
      5.3(a) is amended in its entirety to read as follows, effective for
      distributions with an annuity starting date that is on or after February
      1, 2006:

              


      

       

      
        	
                 
      

              	
                (a)

              	
                The
      Plan Administrator, no less than 30 days and no more than 90 days prior to
      the Participant’s Annuity Starting Date, shall furnish each Participant a
      written explanation in nontechnical language of (i) the terms and
      conditions of the Qualified Joint and Survivor Annuity provided by Section
      5.1(b), (ii) the financial effect upon the Participant’s Retirement Income
      if he instead elects payment under one of the optional forms described in
      Section 5.2, (iii) in the case of a married Participant the rights of the
      Participant’s Spouse to consent or not to consent to the Participant’s
      election of an optional form of payment and (iv) the right of the
      Participant to make, and to revoke, an election under Section
      5.2.  An election under Section 5.2 may be made at any time
      after that information is furnished to the Participant and before the
      Participant’s Annuity Starting Date; provided that the period during which
      the election may be made shall be the 90-day period ending on the
      Participant’s Annuity Starting
Date.

              


      

       

      
        
          
          

        

        
          4

          
            

          

        

        
          
          

        

      

       

      
        	
              	
                 

              	
                The
      Plan Administrator will provide a notification to the Participant that
      shall include a general description of the material features, and an
      explanation of the relative values of, the optional forms of benefit
      available under the Plan in a manner that would satisfy the notice
      requirements of IRC 417(a)(3) and Treas. Reg.
    1.417(a)(3)-1.

              


      

       

      
        	
              	
                 

              	
                An
      election of an option under Section 5.2 may be revoked on a form supplied
      by the Plan Administrator, and a new election may be made at any time and
      any number of times during the applicable election
  period.

              


      

       

      
        	
                6.  

              	
                The
      first paragraph of Section 9.5 is amended to read as follows, effective
      January 1, 2002.

              


      

       

      
        	
              	
                 

              	
                A
      Top-Heavy Plan is a Plan in which, as of the Valuation Date, the ratio of
      the present value of the accrued benefits for Key Employees to the present
      value of the accrued benefits for all Employees exceeds 60
      percent.  For purposes of determining the present value of the
      accrued benefit of any Employee or the amount of an account of any
      Employee, distributions made with respect to such Employee under the Plan
      (and any plan aggregated with the Plan under Section 416(g)(2) of the
      Code) during the one-year period ending on the Determination Date must be
      included.  The preceding sentence shall apply to distributions
      under a terminated plan which, had it not been terminated, would have been
      aggregated with the Plan under Section 416(g)(2)(A)(i) of the
      Code.  In the case of a distribution made for a reason other
      than severance from employment, death or disability, this provision shall
      be applied by substituting five-year period for one-year
      period.  The accrued benefits and accounts of an individual who
      has not performed services for the Employer during the one-year period
      ending on the Determination Date shall not be taken into
      account.

              


      

       

      
        	
                7.  

              	
                The
      first paragraph of Section 9.6 is amended to read as follows. Effective
      [date]:

              


      

       

      
        	
              	
                 

              	
                The
      required aggregation group consists of each plan of the Employer in which
      a Key Employee is a participant and each other plan of the Employer that
      enables any plan of such Employer to meet the qualification requirements
      of Code Section 401(a)(4) or the minimum participation standards of Code
      Section 410.  The Employer may permit any plan not required to
      be included in an aggregation group as being part of such group if such
      group would continue to meet the qualification requirements of Code
      Section 401(a)(4) and the minimum participation standards of Code Section
      410.

              


      

       

      


       

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          5

          
            

          

        

        
          
          

        

      

      


       

      
        	
                8.  

              	
                The
      final paragraph of Section 5.4(b) is amended to read as follows, effective
      January 1, 2003:

              


      

       

      
        	
              	
                 

              	
                Notwithstanding
      the foregoing, all distributions required under this Article V shall be
      determined and made in accordance with the Treasury Regulations
      §§ 1.401(a)(9)-2 through 1.401(a)(9)-9, and the incidental benefit
      requirements of Code Section
401(a)(9)(G).

              


      

       

       

       

      


      
        
          	
                   

                	
                  EG&G
      Technical Services, Inc.

                	 
	 	 	 	 
	Dated:
      	
                  5/3/10

                	
                   

                	
                  By:
      

                	/s/ H.
      Thomas Hicks	 
	 	 	 	 
	 	Title:	 	 
	 	 	 	 


        

      

       

      
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