EX-10.24 3 ex10-24.txt SEABOARD MARINE LTD 401(K) EXCESS PLAN SEABOARD MARINE LTD. 401(K) EXCESS PLAN ARTICLE I ESTABLISHMENT OF PLAN Seaboard Marine Ltd. hereby establishes the Seaboard Marine 401(k) Excess Plan (the "Plan"), effective January 1, 2009. ARTICLE II DEFINITIONS The following definitions shall apply for purposes of this Plan: "Code" means the Internal Revenue Code of 1986 as from time to time amended. "Company" means Seaboard Marine Ltd., a Liberia limited liability company. "Eligible Employee" means, with respect to any Year, an employee of the Company or of a Subsidiary who has completed one year of service as defined for purposes of eligibility for a matching contribution under the 401(k) Plan, and who has received compensation for such Year that is not included as compensation under the 401(k) Plan solely on account of the limitation on the amount of compensation that can be taken into account under the 401(k) Plan for such Year under Section 40I(a)(17) of the Code. "401(k) Plan" means the Retirement Savings Plan for Seaboard Corporation, as amended from time to time. "Plan" means the Seaboard Marine 401(k) Excess Plan, as set forth herein and as amended from time to time. "Subsidiary" means any wholly-owned subsidiary of the Company. "Supplemental Amount" means an amount expressed in terms of dollars equal to 3 percent of the amount, if any, of the Eligible Employee's compensation received for the Year that is not included as compensation under the 401(k) Plan solely on account of the limitation on the amount of compensation that can be taken into account under the 401(k) Plan for such Year under Section 401(a)(17) of the Code (but only to the extent such excess compensation amount is paid to the Eligible Employee after becoming an Eligible Employee hereunder). "Year" means a 12-month period beginning each January 1 and ending each succeeding December 31. ARTICLE III BENEFIT Except as otherwise provided herein, the Company will pay in cash to each Eligible Employee with respect to each Year an amount equal to the Supplemental Amount. ARTICLE IV ADMINISTRATION This Plan shall be interpreted, construed and administered by the Company in its sole and absolute discretion, and all decisions and determinations of the Company hereunder shall be binding upon all Eligible Employees and their successors and assigns. ARTICLE V NO EMPLOYMENT RIGHTS The adoption of this Plan does not give any person any right to be retained in the employ of the Company, and no rights granted under the Plan shall be construed as creating a contract of employment. The right and power of the Company to dismiss or discharge any person is expressly reserved. ARTICLE VI AMENDMENT AND TERMINATION The Company can amend or terminate the Plan at any time in its sole discretion. ARTICLE VII GOVERNING LAW The provisions of this Plan shall be governed, construed, enforced and administered in accordance with the laws of the State of Florida. ARTICLE VIII HEADINGS The headings have been inserted for convenience only and shall not affect the meaning or interpretation of the Plan. 2 IN WITNESS WHEREOF, the Company has caused this Plan to be executed as of the 1st day of January, 2009, by its duly authorized officer. SEABOARD MARINE LTD. By: /s/ Steven J. Bresky Steven J. Bresky Vice President December 18, 2009 Attest: /s/ David M. Becker Title: Vice President 3