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| RDK > SEC Filings for RDK > Form 8-K on 12-Dec-2008 | All Recent SEC Filings |
12-Dec-2008
Change in Directors or Principal Officers, Financial Statements and Exhibits
On December 9, 2008, Ruddick Corporation (the "Registrant") entered into amendments to the Ruddick Supplemental Executive Retirement Plan (the "SERP"), the Ruddick Corporation Flexible Deferral Plan (the "Deferral Plan") and the Ruddick Corporation Director Deferred Plan (the "Director Plan"). Copies of the SERP, the Deferral Plan and the Director Plan, as amended, are attached as Exhibits 10.1, 10.2 and 10.3, respectively, to this Report and are incorporated herein by reference. The following is a summary of the material changes to the SERP, the Deferral Plan and the Director Plan and is qualified in its entirety by reference to the full terms of the plans, which are attached hereto.
The SERP, the Deferral Plan and the Director Plan were primarily amended to make changes to the plans to comply with the requirements of Section 409A of the Internal Revenue Code of 1986, as amended. For the SERP and the Deferral Plan the amendments included changing the definition of a "change in control" to satisfy the requirements of Section 409A, to delay distributions under the plans to comply with the 6 month distribution delay rule under Section 409A, and to limit distributions to participants under the plans in accordance with the provisions of Section 409A. Further, the Deferral Plan and the SERP were amended to conform certain provisions of those plans with those of the Registrant's other plans.
The Director Plan was amended to clarify the circumstance in which benefit payments can be accelerated upon termination of the plan in accordance with the final Section 409A regulations, and to address other circumstances when benefit payments may be accelerated.
(d) Exhibits.
The following exhibit is furnished herewith:
EXHIBIT NO. DESCRIPTION OF EXHIBIT 10.1 Ruddick Supplemental Executive Retirement Plan, as amended and restated. 10.2 Ruddick Corporation Flexible Deferral Plan, as amended and restated. 10.3 Ruddick Corporation Director Deferred Plan, as amended and restated. |
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