Amendments to the
MeadWestvaco Corporation Executive Retirement Plan
The MeadWestvaco Corporation Executive Retirement Plan (the “MERP”) is hereby amended, as set forth below.
1. Effective for individuals who are Active Participants in the Executive Retirement Plan on or after September 1, 2006:
a. Section 1.04(b) of the MERP is amended to state “Appendix B lists individuals who became participants in the Plan
on January 29, 2004.”
b. Section 2.01(gg) of the MERP (definition of “Years of Appendix B Service”) is deleted, the remainder of the
Section 2.01 is renumbered, and cross-references within the Plan are updated accordingly.
c. Section 2.01(ii) of the MERP (definition of “Years of Plan Benefit Service”) is amended to state as follows:
d. Section 2.01(jj) of the MERP (definition of “Years of Plan Service”) is deleted and the remainder of Section 2.01 is
e. Section 3.01(b) of the MERP is amended by replacing the second sentence thereof with the following sentence:
“The persons listed in Appendix B became Active Participants on January 29, 2004.”
f. Section 4.01(a)(2) of the MERP is amended to state:
g. Section 4.04(a) of the MERP is amended by adding the following paragraph at the end thereof:
Notwithstanding any provision in the Plan to the contrary, an Authorized Party shall have discretion to allow
acceleration of payment to the extent that it determines, after consultation with counsel, that neither the
Company nor the Participant, surviving spouse, joint annuitant, alternate payee or beneficiary, as the case may
be, will be subjected to adverse tax consequences under 409A of the Code or other applicable law as a result of
such acceleration. By way of example, payment may be accelerated to the extent necessary to pay Federal
Insurance Contributions Act (FICA) taxes under Sections 3101, 3121(a), and 3121(v)(2) of the Code on benefits
payable under the Plan.
h. Section 4.05 of the MERP is clarified by