PHELPS DODGE CORPORATION
SUPPLEMENTAL SAVINGS PLAN
Effective as of January 1, 1997, Phelps Dodge Corporation (the “Company”) adopted the
Phelps Dodge Corporation Supplemental Savings Plan (the “Plan”) as an amendment and restatement of the
supplemental savings provisions of the Comprehensive Executive Non-qualified Retirement and Savings Plan of
Phelps Dodge Corporation. The Plan was most recently amended and restated generally effective January 1,
2005. The Plan is being amended by this First Amendment to provide for the establishment of an Investment
Committee, to identify the members of the Investment Committee, and to reflect an investment trade control
policy implemented by the Plan’s recordkeeper.
The provisions of this First Amendment shall be effective as of the dates noted below.
This First Amendment shall amend only those Sections set forth herein and those
Sections not amended hereby shall remain in full force and effect.
Effective May 17, 2005, Section 2.1 ( DEFINITIONS ) of the Plan is amended by
adding a new Section (q)-1 to provide as follows:
Investment Committee means the committee established pursuant
to Section 9.3A to designate and monitor the investment vehicles available under this
Effective May 17, 2005, Section 2.1(r) ( DEFINITIONS - Investment Fund ) of the
Plan is amended and restated in its entirety to provide as follows:
“ Investment Fund ” means the investment fund or funds
established by the Investment Committee pursuant to Section 6.3 (INVESTMENT
Effective May 17, 2005, Section 6.3(a) ( INVESTMENT DIRECTION -
INVESTMENT FUNDS ) of the Plan is amended by changing all references to “Plan Administrator” therein to
Effective October 16, 2006, Section 6.3(b)(1) ( INVESTMENT DIRECTION -
PARTICIPANT DIRECTIONS - GENERAL RULE ) of the Plan is amended