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Bank of New York Co Inc – ‘10-K’ for 12/31/06 – EX-10.Y

On:  Friday, 2/23/07, at 1:22pm ET   ·   For:  12/31/06   ·   Accession #:  1193125-7-38124   ·   File #:  1-06152

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  As Of                Filer                Filing    For·On·As Docs:Size              Issuer               Agent

 2/23/07  Bank of New York Co Inc           10-K       12/31/06   13:3.9M                                   RR Donnelley/FA

Annual Report   —   Form 10-K
Filing Table of Contents

Document/Exhibit                   Description                      Pages   Size 

 1: 10-K        Annual Report                                       HTML   2.92M 
 3: EX-10.GG    Amendment Dated 12/15/06 to 2003 Long -Term         HTML     11K 
                          Incentive Plan                                         
 4: EX-10.QQ    Amendment Dated 12/15/06 to the 1993 Long-Term      HTML     11K 
                          Incentive Plan                                         
 5: EX-10.UU    Amendment Dated 12/15/06 to the 1999 Long-Term      HTML     11K 
                          Incentive Plan                                         
 6: EX-10.WW    Amended and Restated Retirement Plan of the Bank    HTML    219K 
                          of New York Dated 12/21/06                             
 2: EX-10.Y     Amendment to Bank of New York Excess Contribution   HTML     12K 
                          Plan                                                   
 7: EX-12       Statement - Re: Computation of Earnings to Fixed    HTML     27K 
                          Charges Ratios                                         
 8: EX-21       Subsidiaries of the Registrant                      HTML      7K 
 9: EX-23.1     Consent of Ernst & Young LLP                        HTML     29K 
10: EX-31.(A)   Certification of the Chairman & CEO - Section 302   HTML     13K 
                          of Sarbanes Oxley                                      
11: EX-31.(B)   Certification of the Chief Financial Officer -      HTML     13K 
                          Section 302 of Sarbanes Oxley                          
12: EX-32.(A)   Certification of the Chairman & CEO - Section 906   HTML      9K 
                          of Sarbanes Oxley                                      
13: EX-32.(B)   Certification of the Chief Financial Officer -      HTML      9K 
                          Section 906 of Sarbanes Oxley                          


EX-10.Y   —   Amendment to Bank of New York Excess Contribution Plan


This exhibit is an HTML Document rendered as filed.  [ Alternative Formats ]



  AMENDMENT TO BANK OF NEW YORK EXCESS CONTRIBUTION PLAN  

Exhibit 10(y)

AMENDMENT TO THE BANK OF NEW YORK COMPANY, INC.

EXCESS CONTRIBUTION PLAN

WHEREAS, The Bank of New York Company, Inc. Excess Contribution Plan (the “Excess Contribution Plan”) was amended and restated, effective as of July 10, 1990 and further amended effective as of November 1, 1995 and November 22, 2002; and

WHEREAS, Section 19 of the Excess Contribution Plan provides that the Compensation and Organization Committee of the Board of Directors of The Bank of New York Company, Inc. (the “Committee”) may amend the Excess Contribution Plan at any time; except in certain respects not material hereto; and

WHEREAS, effective for the 2006 compensation year, management has recommended that the Committee amend the Plan to exclude from payment under Part II thereof any amount with respect to commission income earned by BNY Capital Markets, Inc. employees; and

WHEREAS, the Committee desired to amend the Excess Contribution Plan as so recommended by management; and

NOW, THEREFORE, the Excess Contribution Plan is hereby amended, effective as of October 9, 2006, as follows:

1. Part II, Section 12 of the Plan shall be amended to add the following sentence at the end thereof:

“Further, no amount shall be payable under the Plan to any Participant employed by BNY Capital Markets, Inc. with respect to commission income earned by such Participant.”

2. All references to the “Employees’ Profit-Sharing Plan of The Bank of New York Company, Inc.” and the “Profit-Sharing Plan” as so defined in the Excess Contribution Plan shall instead become references to the “Employees Savings & Investment Plan of The Bank of New York Company, Inc.” and the “ESIP,” respectively. Additionally, all references to the Company’s “Profit-Sharing Contribution” shall instead become references to the Company’s “Core Contribution” and the reference in “Section 2(2) of the Profit-Sharing Plan” in the last sentence of Part I, Section 3(a) should instead become a reference to “Section 2(4) of the ESIP.”

IN WITNESS WHEREOF, The Bank of New York Company, Inc. has caused this Amendment to the Excess Contribution Plan to be executed by its duly authorized officers this 15th day of December, 2006.

 

/s/    Thomas A. Renyi
Thomas A. Renyi

 

ATTEST:
/s/    Patricia A. Bicket
Patricia A. Bicket

Dates Referenced Herein   and   Documents Incorporated by Reference

This ‘10-K’ Filing    Date    Other Filings
Filed on:2/23/078-K
For Period End:12/31/0611-K,  5,  8-K
10/9/06
11/22/02
11/1/95
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Filing Submission 0001193125-07-038124   –   Alternative Formats (Word / Rich Text, HTML, Plain Text, et al.)

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