PRUDENTIAL SUPPLEMENTAL EMPLOYEE SAVINGS PLAN
(Effective as of January 1, 2006)
Providing for Compliance with the Final Rules
under Section 409A of the Internal Revenue Code and Other Related Matters
Purpose and Background:
“Earnings” shall have the meaning set forth in PESP, except that Earnings for any Eligible Employee classified by the
Employer as a Global Derivatives Financial Advisor (or under an equivalent successor classification) shall not exceed
$250,000; provided, however, that the foregoing limit shall not apply to the Earnings of any Global Derivatives
Financial Advisor if, and to the extent that, such Eligible Employee is compensated on a salary basis.
In no event shall any payment that is required to be made to a Participant pursuant to Article V upon a “Termination
of Employment” be made to such Participant unless such “Termination of Employment” qualifies as a “separation
from service” within the meaning of Section 409A of the Code.
1.22 “Agent” means a Prudential Representative or Special Agent, as such terms are defined in The Prudential
Merged Retirement Plan, as amended and restated effective as of January 1, 2006.
1.23 “Non-Agent” means any employment classification on the books and records of the Employer other than an
1.24 “Section 409A” means Section 409A of the Code and applicable guidance issued thereunder.
1.25 “Status Date” means the later of January 1, 2008, or the Participant’s Employment Commencement Date, as such
term is defined in PESP.
2.4 Special Rule for Agents . A Participant who receives payment of his Account in accordance with Section 5.2 of the
Plan shall continue to participate in the Plan following receipt of such payment subject to such Participant’s
continued satisfaction of the eligibility requirements set forth in this Article II.
5.1 Payment Rules for Non-Agents . The Account of a Participant who is classified on the Employer’s books a