This excerpt taken from the SRE 10-K filed Feb 24, 2009.
AND EXCESS SAVINGS PLAN
This Amendment (this Amendment) to the Sempra Energy Deferred Compensation and Excess Savings Plan, as amended (the Plan), was adopted by Sempra Energy, a California corporation (the Company), on December 11, 2008.
The Compensation Committee of the Board of Directors of the Company deemed it advisable to amend the Plan, effective as of the date hereof in order to comply with Section 409A of the Internal Revenue Code of 1986, as amended, and the Treasury Regulations thereunder.
Pursuant to Section 9.4 of the Plan, the Compensation Committee of the Board of Directors of the Company has the authority to amend the Plan, subject to certain limitations.
Effective as of the date hereof, the Plan is hereby amended to add the following new Section 9.19:
The Committee may approve such supplements to, or amendments, or appendices to, the Plan as it may consider necessary or appropriate for purposes of compliance with applicable laws or otherwise and such supplements, amendments or appendices shall be considered a part of the Plan.
Effective as of the date hereof, the Plan is hereby amended to add a new appendix in the form attached hereto as Exhibit A.
Capitalized terms used in this Amendment without definition shall have the respective meanings ascribed thereto in the Plan.
Except as otherwise expressly set forth in this Amendment, the Plan shall remain in full force and effect in accordance with its terms.
I hereby certify that this Amendment was duly adopted by the Compensation Committee of the Board of Directors of Sempra Energy on December 11, 2008.
Executed this 11th day of December, 2008.
a California corporation
G. Joyce Rowland
Sr. Vice President, Human Resources