EXXONMOBIL SUPPLEMENTAL SAVINGS PLAN (Including Key Employee Supplemental Savings Plan) Edition of March 1, 2000

Exhibit 10(iii)(c.1)

 

EXXONMOBIL SUPPLEMENTAL SAVINGS PLAN

 

(Including Key Employee Supplemental Savings Plan)

 

Edition of March 1, 2000

 

1. Purpose

 

The purpose of this Plan is to provide a payment of approximately equivalent value from the general assets of Exxon Mobil Corporation (“Corporation”) to aperson participating in the ExxonMobil Savings Plan (“Savings Plan”) who, because of the application of United States Internal Revenue Code (“Code”) sections 415 and 401(a)(17) is precluded from receiving employer contributionsto the person’s Savings Plan account to which the person would otherwise be entitled.

 

2. Benefits

 

2.1 Benefit Formula

 

As to any specific Savings Plan participant the total amount of payment under this Plan is an amount that is in general determined by notionally creditingon a monthly basis the amount of employer contributions that cannot be made to the Savings Plan for that person as a result of application to that person of Code sections 415 and 401(a)(17); except that, for those persons who, as of December 31,1993, are classified at level 36 and are age 50 and above, only notional employer contributions made after such date are taken into account. This amount is enhanced in each instance by the Citibank Prime Lending Rate as of the last business day ofeach calendar quarter, and is then reduced, but not below zero, by the amount, if any, of the actuarial lump-sum value of the amount payable to the participant under the ExxonMobil Key Employee Additional Payments Plan that is not applied as anoffset against the

 

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participant’s benefit under the ExxonMobil Additional Payments Plan or the ExxonMobil SupplementalPension Plan. For this purpose, the actuarial lump-sum value shall be determined using the mortality and interest rate assumptions set out in the ExxonMobil Pension Accounts Instrument.

 

2.2 Calculation Methodology

 

The exact methodology used in determining such monthly credits and interest thereon will be established from time to time by the Plan Administrator.General guidelines to be followed are

 

  (A) Required Participant Contributions

 

To the extent determined by those administering this Plan, a person is required to make regular employee contributions to the person’s Savings Planaccount up to the maximum permitted by the Code to receive credits under this Plan.

 

  (B) Discretionary Employee Contributions

 

Prior to July 1, 2002, a person may not enhance the amounts credited under this Plan by making discretionary employee contributions to the person’sSavings Plan account.

 

  (C) Additional Contributions under Leveraged ESOP

 

No amount is credited under this Plan because of a person’s inability to obtain all or a portion of the enhanced portion of the employer match foremployer matches directed to a leveraged ESOP.

 

3. Payment ofBenefits

 

3.1 Form of Payment

 

  (A) In General

 

Payments under this Plan are normally in the form of a lump sum single payment but, in the sole discretion of the Corporation, may be made in

 

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any other form that is not greater than the actuarial equivalent of the single lump sum form of payment.

 

  (B) Actuarial Equivalence

 

For purposes of paragraph (A), actuarial equivalency is determined by the Plan Administrator using the factors used for comparable determinations underthe ExxonMobil Pension Plan.

 

3.2 Timing of Payment

 

  (A) Distribution upon Total Savings Plan Distribution

 

Except as provided in paragraphs (B)-(E) below, payments under this Plan shall occur as soon as practicable following the time of the participant’sentire Savings Plan account is distributed in a final distribution.

 

  (B) Restrictions on K Account Distribution

 

If a participant’s entire Savings Plan account cannot be distributed on account of restrictions on the distribution of the K Account, payments underthis Plan shall occur at the same time as the participant’s entire Savings Plan account, other than the K Account, is distributed.

 

  (C) Small Accounts

 

If the total amount to be paid to a participant under this Plan and the ExxonMobil Key Employee Supplemental Savings Plan is in the aggregate $25,000 orless, determined at the time of termination of employment from Exxon Mobil Corporation and its affiliates, payments under this Plan shall occur as soon as practicable after the participant terminates employment.

 

  (D) Infineum Employees

 

If a participant’s Savings Plan account is transferred to a savings plan sponsored by Infineum USA Inc. or any of its affiliates(“Infineum”), payments under this Plan shall occur as soon as practicable after the participant terminates employment from Infineum.

 

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  (E) Divestitures

 

The Plan Administrator shall determine when distributions shall be made to former employees whose employment is terminated in connection with corporatedivestitures. Such determinations shall be made in accordance with management guidelines established in connection with such divestitures.

 

4. Beneficiaries

 

4.1 Designation of Beneficiaries

 

A person entitled to receive a payment under this Plan may name one or more designated beneficiaries to receive such payment in the event of theperson’s death. Beneficiary designations shall be made in accordance with such procedures as the Plan Administrator may establish. Spousal consent to any designation is not required.

 

4.2 Default Beneficiaries

 

  (A) In General

 

If no specific designation is in effect, the deceased’s beneficiary is the person or persons in the first of the following classes of successivebeneficiaries living at the time of death of the deceased:

 

  (1) spouse;

 

  (2) children who survive the participant or who die before the participant leaving children of their own who survive the participant;

 

  (3) parents;

 

  (4) brothers and sisters who survive the participant or who die before the participant leaving children of their own who survive the participant.

 

If there are no members of any class of such beneficiaries, payment is madeto the deceased’s executors or administrators.

 

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  (B) Allocation among Default Beneficiaries

 

If the same class of beneficiaries under paragraph (A) above contains two or more persons, they share equally, with further subdivision of such equalshares as next provided. In class (2), where a child dies before the participant leaving children who survive the participant, such child’s share is subdivided equally among those children. In class (4), where a brother or sister dies beforethe participant leaving children who survive the participant, such brother or sister’s share is subdivided equally among those children.

 

  (C) Definitions

 

For purposes of this Section 4.2, “child” means a person’s son or daughter by legitimate blood relationship or legal adoption;“parent” means a person’s father or mother by legitimate blood relationship or legal adoption; “brother” or “sister” means another child of either or both of one’s parents.

 

5. Miscellaneous

 

5.1 Administration of Plan

 

The Plan Administrator shall be the Manager, Executive Programs, Human Resources Department, Exxon Mobil Corporation. The Plan Administrator shall havethe right and authority to conclusively interpret this Plan for all purposes, including the determination of any person’s eligibility for benefits hereunder.

 

5.2 Nature of Payments

 

Payments provided under this Plan are considered general obligations of the Corporation.

 

5.3 Assignment or Alienation

 

Except as provided in section 5.5 below, payments provided under this Plan may not be assigned or otherwise alienated or pledged.

 

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5.4 Amendment or Termination

 

The Corporation reserves the right to amend or terminate this plan, in whole or in part, including the right at any time to reduce or eliminate anyaccrued benefits hereunder and to alter or amend the benefit formula set out herein.

 

5.5 Forfeiture of Benefits

 

No person shall be entitled to receive payments under this Plan and any payments received under this Plan shall be forfeited and returned if it isdetermined by the Corporation in its sole discretion, acting through its chief executive or such person or committee as the chief executive may designate, that a person otherwise entitled to a payment under this Plan or who has commenced receivingpayments under this Plan:

 

  (A) engaged in gross misconduct harmful to the Corporation,

 

  (B) committed a criminal violation harmful to the Corporation,

 

  (C) had concealed actions described in paragraph (A) or (B) above which would have brought about termination from employment thereby making the person ineligible for benefits under thisPlan,

 

  (D) terminated employment prior to attaining age 65 without having received from the Corporation or its delegatee prior written approval for such termination, given in the solediscretion of the Corporation or its delegatee and in the context of recognition that benefits under this Plan would not be forfeited upon such termination, or

 

  (E) had been terminated for cause.

 

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EXXONMOBIL KEY EMPLOYEE SUPPLEMENTAL SAVINGS PLAN

 

K1. Purpose

 

This Plan provides a payment from the general assets of Exxon Mobil Corporation(“Corporation”) to a person who, as of December 31, 1993,

 

(A) was classified at level 36 or above,

 

(B) was age 50 or above,

 

(C) was a participant in the Thrift Plan of Exxon Corporation (“Thrift Plan”), and

 

(D) had been precluded from receiving employer contributions to the person’s account within the Thrift Plan to which the person would otherwise be entitled, because of theapplication of United States Internal Revenue Code (“Code”) sections 415 and 401(a)(17).

 

This plan expresses the Corporation’s commitment to make such a payment at the time payment is made to the participant under the ExxonMobil Supplemental SavingsPlan, and sets forth the method for doing so.

 

K2.Benefits

 

K2.1 Benefit Formula

 

As to a participant, the total amount of payment under this Plan shall be an amount that has been in general determined by notionally crediting on amonthly basis the amount of employer contributions that could not have been made to the Thrift Plan account of that person as a result of application to that person of Code sections 415 and 401(a)(17) from the date the person otherwise would havebeen an eligible participant in the Exxon Supplemental Thrift Plan until December 30, 1993. This amount shall be enhanced in each instance by the Citibank Prime Lending Rate as of the last business day of each calendar

 

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quarter. A participant in this Plan shall have a non-forfeitable right to this amount credited as of December 31, 1993 plus all enhancements.

 

K2.2 Calculation Methodology

 

The exact methodology for such notional credits and interest thereon shall be determined by the Plan Administrator.

 

K3. Payment of Benefits

 

K3.1 Form of Payment

 

  (A) In General

 

Payments under this Plan are made normally in the form of a lump sum single payment but, in the sole discretion of the Corporation, may be made at anytime or times subsequent to entitlement and in any other form that is not greater than the actuarial equivalent of the single lump sum form of payment.

 

  (B) Actuarial Equivalence

 

For purposes of Paragraph (A), actuarial equivalency is determined by the Plan Administrator using the factors used for comparable determinations underthe ExxonMobil Pension Plan.

 

K3.2 Timing of Payment

 

Payment shall be made under this Plan at the same time as payment is made to the participant under the ExxonMobil Supplemental Savings Plan.

 

K4. Beneficiaries

 

K4.1 Designation of Beneficiaries

 

A person entitled to receive a payment under this Plan may name one or more designees to receive such payment in the event of the person’s death.Beneficiary designations shall be made in accordance with such procedures as

 

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the Plan Administrator may establish. Spousal consent to any designation is not required.

 

K4.2 Default Beneficiaries

 

  (A) In General

 

If no specific designation is in effect, the deceased’s beneficiary is the person or persons in the first of the following classes of successivebeneficiaries living at the time of death of the deceased:

 

  (1) spouse;

 

  (2) children who survive the participant or who die before the participant leaving children of their own who survive the participant;

 

  (3) parents;

 

  (4) brothers and sisters who survive the participant or who die before the participant leaving children of their own who survive the participant.

 

 

If there are no members of any class of such beneficiaries, payment is made to the deceased’s executors or administrators.

 

  (B) Allocation among Default Beneficiaries

 

If the same class of beneficiaries under paragraph (A) above contains two or more persons, they share equally, with further subdivision of such equalshares as next provided. In class (2), where a child dies before the participant leaving children who survive the participant, such child’s share shall be subdivided equally among those children. In class (4), where a brother or sister diesbefore the participant leaving children who survive the participant, such brother or sister’s share shall be subdivided equally among those children.

 

  (C) Definitions

 

For purposes of this Section K4.2, “child” means a person’s son or daughter by legitimate blood relationship or legal adoption;“parent” means a person’s father or mother by legitimate blood relationship or

 

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legal adoption; “brother” or “sister” means another child of either or both of one’s parents.

 

K5. Miscellaneous

 

K5.1 Administration of Plan

 

The Plan Administrator shall be the Manager, Executive Programs, Human Resources Department, ExxonMobil Corporation. The Plan Administrator shall have theright and authority to conclusively interpret this Plan for all purposes, including the determination of any person’s eligibility for benefits hereunder.

 

K5.2 Nature of Payments

 

Payments provided under this Plan shall be considered general obligations of the Corporation.

 

K5.3 Assignment or Alienation

 

Payments provided under this Plan may not be assigned or otherwise alienated or pledged.

 

K5.4 Amendment or Termination

 

The Corporation may at any time amend or terminate this Plan, in whole or in part, so long as the amendment does not deprive any person of thenon-forfeitable right to benefits specifically granted in this Plan.

 

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