NINTH AMENDMENT TO THE
DYNEGY MIDWEST GENERATION, INC. 401(k) SAVINGS PLAN
FOR EMPLOYEES COVERED UNDER A COLLECTIVE BARGAINING
WHEREAS, Dynegy Inc., a Delaware corporation (“Dynegy”), maintains the Dynegy Midwest Generation,
401(k) Savings Plan for Employees Covered Under a Collective Bargaining Agreement (the “Plan”) for the benefit
of the eligible employees of certain participating companies; and
WHEREAS, Dynegy desires to amend the Plan to (i) add certain provisions of the Pension Protection Act of
2006 relating to Roth 401(k) contributions, nonspouse beneficiary rollovers and Roth IRA rollovers; and (ii) add
certain provisions relating to a class action settlement account.
NOW, THEREFORE, BE IT RESOLVED that the Plan shall be, and hereby is, amended as follows,
effective as provided below:
Effective January 1, 2007 and effective January 1, 2008 with respect to the addition of the Roth Account,
Section 1.1(l) of the Plan is amended in its entirety to provide as follows:
“ (1) Account(s) : A Participant’s After-Tax Account, Before-Tax Account, Employer Contribution Account,
Rollover Contribution Account, Catch-Up Contribution Account, TRASOP Transfer Account,
Class Settlement Account, and/or Roth Account, including the amounts credited thereto.”
Effective January 1, 2007, a new Section 1.1(7B) is added to the Plan to provide as follows:
“ (7B) Class Settlement. Account : A separate account established for each person who is an Allocation
Participant (as defined below) that is credited by the Trustee with the respective restorative payment awarded
to such Allocation Participant pursuant to the Stipulation and Agreement of Settlement approved by the United
States District Court for the Southern District of Texas, Houston Division, in the matter of In re Dynegy Inc.
Securities Litigation, Civil Action No.
H-02-1571. For purposes of this Section 1.1(7B), the term “Allocation Participant” shall mean each
Participant and former Parti