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SWY » Topics » Retirement Restoration Plan II

This excerpt taken from the SWY 10-K filed Feb 26, 2008.

Retirement Restoration Plan II

The Company hereby establishes this Plan, effective as of January 1, 2005. The purpose of the Plan is to enable the Company to retain certain executives and highly compensated employees by providing a retirement plan for such individuals.

This Plan is the successor plan to the Prior Plan. Effective December 31, 2004, the Prior Plan was frozen and no new accruals, contributions or deferrals shall be made thereunder; provided however, that any vested accruals made under the Prior Plan before January 1, 2005 shall continue to be governed by the terms and conditions of the Prior Plan as in effect on December 31, 2004.

Any accruals under the Prior Plan after December 31, 2004 and any accruals that were unvested on December 31, 2004 are deemed to have been made under this Plan.

This Plan is intended to comply with the requirements of Section 409A.

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