FREEPORT-MCMORAN COPPER & GOLD, INC.
SUPPLEMENTAL EXECUTIVE CAPITAL ACCUMULATION PLAN
WHEREAS , Freeport-McMoRan Copper & Gold Inc. (“Company”) maintains a plan known as a
Freeport-McMoRan Copper & Gold Inc. Employee Capital Accumulation Program (“FCX-ECAP” or “Plan”)
for the benefit of a select group of employees, which Plan was restated December 21, 2001; and
WHEREAS, Section 10.02 of the Plan provides that the Company reserves the right by written action
of its Board of Directors, or individual(s) specifically designated by the Board to act on its behalf, to change or
discontinue the Plan at any time and such authority was granted to C. Donald Whitmire, Jr. on March 16, 2001;
NOW, THEREFORE, the Plan is hereby amended to clarify the eligibility provisions for the Company
Savings contributions, as follows:
Paragraph (b), FCX-SECAP Company Savings Credit , Section 1.08, Contributions , is amended
effective January 1, 2001 to delete the last sentence.
Section 2.01, Conditions of Eligibility for Basic Credit and Company Savings Credit , is amended
to add the following at the end:
Notwithstanding, effective January 1, 2001, if an Employee’s Basic Compensation
exceeds the Code Section 401(a)(17) dollar limit for the applicable year, such Employee
is automatically eligible for a Company Savings Credit, provided such Employee is
making deferrals to the FCX-ECAP.
The first paragraph of Section 4.00, FCX-SECAP Company Savings Credit , is amended and restated
to read as follows:
Effective January 1, 2001, each eligible Employee who has Basic Compensation in
excess of the Code Section 401(a)(17) dollar limit will receive a Company Savings
Credit equal to 100% of the ECAP Basic Contributions percentage (as defined in the
FCX-ECAP) as applied to (A) minus (B) [ when (A) equals such individual’s Basic
Compensation and (B) equals the Code Section 401(a)(17) dollar limit for the applicable
year, ] limited to 5% of (A) minus (B).