|
||||||||||||||||||||||||||
| SEC Info℠ | | | Home | | | Search | | | My Interests | | | Help | | | Sign In | | | Please Sign In | |||||||
|
||||||||||||||||||||||||||
As Of Filer Filing For·On·As Docs:Size 2/26/16 Agco Corp/DE 10-K 12/31/15 116:20M |
Document/Exhibit Description Pages Size
1: 10-K Annual Report HTML 1.48M
3: EX-10.13 Material Contract HTML 185K
4: EX-10.19 Material Contract HTML 55K
5: EX-10.28 Material Contract HTML 42K
2: EX-10.9 Material Contract HTML 142K
6: EX-21.1 Subsidiaries List HTML 60K
7: EX-23.1 Consent of Experts or Counsel HTML 34K
8: EX-24.1 Power of Attorney HTML 42K
9: EX-31.1 Certification -- §302 - SOA'02 HTML 41K
10: EX-31.2 Certification -- §302 - SOA'02 HTML 41K
11: EX-32.1 Certification -- §906 - SOA'02 HTML 36K
18: R1 Document and Entity Information Document HTML 61K
19: R2 Consolidated Statements of Operations HTML 100K
20: R3 Consolidated Statements of Comprehensive Income HTML 81K
(Loss)
21: R4 Consolidated Balance Sheets HTML 128K
22: R5 Consolidated Balance Sheets Parenthetical HTML 53K
23: R6 Consolidated Statements of Stockholders' Equity HTML 207K
24: R7 Consolidated Statements of Cash Flows HTML 137K
25: R8 Operations and Summary of Significant Accounting HTML 419K
Policies
26: R9 Acquisitions HTML 65K
27: R10 Restructuring and Other Infrequent Expenses HTML 40K
28: R11 Accounts Receivable Sales Agreements HTML 43K
29: R12 Investments in Affiliates HTML 77K
30: R13 Income Taxes HTML 159K
31: R14 Indebtedness HTML 89K
32: R15 Employee Benefit Plans HTML 472K
33: R16 Stockholders' Equity HTML 122K
34: R17 Stock Incentive Plan HTML 124K
35: R18 Derivative Instruments and Hedging Activities HTML 136K
36: R19 Commitments and Contingencies HTML 95K
37: R20 Fair Value of Financial Instruments HTML 66K
38: R21 Related Party Transactions HTML 47K
39: R22 Segment Reporting HTML 203K
40: R23 Subsequent Event HTML 36K
41: R24 Schedule II - Valuation and Qualifying Account HTML 172K
42: R25 Operations and Summary of Significant Accounting HTML 246K
Policies (Policies)
43: R26 Operations and Summary of Significant Accounting HTML 366K
Policies (Tables)
44: R27 Acquisitions (Tables) HTML 53K
45: R28 Investments in Affiliates (Tables) HTML 73K
46: R29 Income Taxes (Tables) HTML 153K
47: R30 Indebtedness (Tables) HTML 65K
48: R31 Employee Benefit Plans (Tables) HTML 484K
49: R32 Stockholders' Equity (Tables) HTML 104K
50: R33 Stock Incentive Plan (Tables) HTML 109K
51: R34 Derivative Instruments and Hedging Activities HTML 99K
(Tables)
52: R35 Commitments and Contingencies (Tables) HTML 87K
53: R36 Fair Value of Financial Instruments (Tables) HTML 56K
54: R37 Segment Reporting (Tables) HTML 208K
55: R38 Operations and Summary of Significant Accounting HTML 88K
Policies (Details)
56: R39 Operations and Summary of Significant Accounting HTML 90K
Policies - Accounts and Notes Receivable (Details)
57: R40 Operations and Summary of Significant Accounting HTML 52K
Policies - Inventories (Details)
58: R41 Operations and Summary of Significant Accounting HTML 61K
Policies - Property Plant and Equipment (Details)
59: R42 Operations and Summary of Significant Accounting HTML 153K
Policies - Goodwill and Other Intangible Assets
(Details)
60: R43 Operations and Summary of Significant Accounting HTML 70K
Policies - Accrued Expense and Reserves (Details)
61: R44 Operations and Summary of Significant Accounting HTML 42K
Policies - Stock Compensation Allocation (Details)
62: R45 Operations and Summary of Significant Accounting HTML 48K
Policies - Expenses (Details)
63: R46 Operations and Summary of Significant Accounting HTML 64K
Policies - Earnings Per Share (Details)
64: R47 Operations and Summary of Significant Accounting HTML 78K
Policies - Comprehensive Income (Details)
65: R48 Acquisitions (Narrative) (Details) HTML 57K
66: R49 Acquisitions (Schedule Of Acquired Other HTML 51K
Identifiable Intangible Assets) (Details)
67: R50 Restructuring and Other Infrequent Expenses HTML 49K
(Details)
68: R51 Accounts Receivable Sales Agreements (Details) HTML 44K
69: R52 Investments in Affiliates (Details) HTML 79K
70: R53 Income Taxes (Narrative) (Details) HTML 71K
71: R54 Income Taxes (Schedule of Income before Income HTML 40K
Tax, Domestic and Foreign) (Details)
72: R55 Income Taxes (Schedule of Components of Income Tax HTML 65K
Expense (Benefit)) (Details)
73: R56 Income Taxes (Schedule of Effective Income Tax HTML 59K
Rate Reconciliation) (Details)
74: R57 Income Taxes (Schedule of Deferred Tax Assets and HTML 78K
Liabilities) (Details)
75: R58 Income Taxes (Summary of Income Tax Contingencies) HTML 53K
(Details)
76: R59 Indebtedness (Narrative) (Details) HTML 128K
77: R60 Indebtedness (Components Of Indebtedness) HTML 53K
(Details)
78: R61 Indebtedness (Maturities of Long-term Debt) HTML 49K
(Details)
79: R62 Indebtedness (Interest Expense Recognized On HTML 35K
Convertible Senior Subordinated Notes) (Details)
80: R63 Employee Benefit Plans (Narrative) (Details) HTML 168K
81: R64 Employee Benefit Plans (Net Pension And HTML 67K
Postretirement Cost) (Details)
82: R65 Employee Benefit Plans (Assumptions for Pension HTML 50K
and Postretirement Cost) (Details)
83: R66 Employee Benefit Plans (Net Funded Status) HTML 131K
(Details)
84: R67 Employee Benefit Plans (Net Periodic Pension Costs HTML 102K
Included in Accumulated Other Comprehensive Income
(Loss)) (Details)
85: R68 Employee Benefit Plans (Assumptions for Benefit HTML 48K
Obligation) (Details)
86: R69 Employee Benefit Plans (One Percentage Point HTML 42K
Change in Health Care Trend Rate) (Details)
87: R70 Employee Benefit Plans (Expected Future Minimum HTML 54K
Payments) (Details)
88: R71 Employee Benefit Plans (Asset Allocation) HTML 52K
(Details)
89: R72 Employee Benefit Plans (Fair Value of Plan Assets) HTML 161K
(Details)
90: R73 Employee Benefit Plans (Reconciliation of Level 3 HTML 69K
Assets) (Details)
91: R74 Stockholders' Equity (Narrative) (Details) HTML 76K
92: R75 Stockholders' Equity Changes in Accumulated Other HTML 57K
Comprehensive Income (Details)
93: R76 Stockholders' Equity Reclassification Out of HTML 69K
Accumulated Other Comprehensive Income (Details)
94: R77 Stock Incentive Plan (Narrative) (Details) HTML 122K
95: R78 Stock Incentive Plan (Performance Award HTML 44K
Transactions) (Details)
96: R79 Stock Incentive Plan Stock Incentive Plan HTML 41K
(Performance Awards Earned and Issued) (Details)
97: R80 Stock Incentive Plan (Weighted Average Grant-Date HTML 48K
Fair Value Of SSARS And Assumptions Under
Black-Scholes Option Model) (Details)
98: R81 Stock Incentive Plan (SSAR Activity) (Details) HTML 64K
99: R82 Stock Incentive Plan (Schedule Of SSAR Exercise HTML 63K
Price Range, Number Of Shares, Weighted Average
Exercise Price And Remaining Contractual Lives)
(Details)
100: R83 Stock Incentive Plan (Details) HTML 44K
101: R84 Derivative Instruments and Hedging Activities HTML 85K
(Narrative) (Details)
102: R85 Derivative Instruments and Hedging Activities HTML 66K
(Summary Of Accumulated Other Comprehensive Loss
Related To Derivatives) (Details)
103: R86 Derivative Instruments and Hedging Activities ( HTML 52K
Fair Value Of Derivative Instruments) (Details)
104: R87 Commitments and Contingencies (Details) HTML 173K
105: R88 Fair Value of Financial Instrument (Details) HTML 60K
106: R89 Related Party Transactions (Details) HTML 61K
107: R90 Segment Reporting (Sales Information By Reportable HTML 61K
Segments) (Details)
108: R91 Segment Reporting (Income From Operations And HTML 73K
Total Assets) (Details)
109: R92 Segment Reporting (Schedule of Revenue from HTML 62K
External Customers Attributed to Foreign Countries
by Geographic Area) (Details)
110: R93 Segment Reporting (Revenue from External Customers HTML 49K
by Products and Services) (Details)
111: R94 Segment Reporting (Schedule of Disclosure on HTML 52K
Geographic Areas, Long-Lived Assets in Individual
Foreign Countries by Country) (Details)
112: R95 Subsequent Event (Details) HTML 38K
113: R96 Schedule II - Valuation and Qualifying Account HTML 78K
(Details)
115: XML IDEA XML File -- Filing Summary XML 205K
114: EXCEL IDEA Workbook of Financial Reports XLSX 159K
12: EX-101.INS XBRL Instance -- agco-20151231 XML 6.51M
14: EX-101.CAL XBRL Calculations -- agco-20151231_cal XML 442K
15: EX-101.DEF XBRL Definitions -- agco-20151231_def XML 1.42M
16: EX-101.LAB XBRL Labels -- agco-20151231_lab XML 3.28M
17: EX-101.PRE XBRL Presentations -- agco-20151231_pre XML 1.94M
13: EX-101.SCH XBRL Schema -- agco-20151231 XSD 309K
116: ZIP XBRL Zipped Folder -- 0000880266-16-000044-xbrl Zip 509K
| Exhibit |
(a) | Authority.
The Plan Administrative Committee shall have full authority and power to administer and construe the Plan, subject to applicable requirements of law. Without limiting the generality of the foregoing, the Plan Administrative Committee shall have the following powers and duties: |
(i) | To make and enforce such rules and regulations as it deems necessary or proper for the administration of the Plan; |
(ii) | To interpret the Plan and to decide all questions concerning the Plan; |
(iii) | To
designate persons eligible to participate in the Plan; |
(iv) | To determine the amount and the recipient of any payments to be made under the Plan; |
(v) | To designate and value any investments deemed held in Plan Accounts; |
(vi) | To
vest all or any portion of a Participant’s Account, to the extent not vested previously; |
(vii) | To appoint such agents, counsel, accountants, consultants and other persons as may be required to assist in administering the Plan; and |
(viii) | To make all other determinations and to take all other steps necessary or advisable for the administration of the Plan. |
(b) | Authority of Board of Directors. Notwithstanding anything in this Plan to the contrary, the Board at all times shall have the power to make determinations with respect to the Plan as it shall elect to make. |
(c) | Delegation of Duties. The Plan Administrative Committee may delegate such of its duties and may engage such experts and other persons as it deems appropriate in connection with administering
the Plan. The Plan Administrative Committee shall be entitled to rely conclusively upon, and shall be fully protected in any action taken by the Plan Administrative Committee, in good faith in reliance upon any opinions or reports furnished to it by any such experts or other persons. |
(d) | Expenses. All expenses incurred in connection with the administration of the Plan, including, without limitation, administrative expenses and compensation and other expenses and charges of any actuary, counsel, accountant, specialist, or other person who shall be employed by the Plan Administrative Committee in connection with the administration of the Plan, shall be paid by the Participating Employers. |
(e) | Indemnification
of Plan Administrative Committee. The Participating Employers agree to indemnify and to defend to the fullest extent permitted by law any person serving as a member of the Plan Administrative Committee, and each employee of a Participating Employer or any of their affiliated companies appointed by the Plan Administrative Committee to carry out duties under this Plan, against all liabilities, damages, costs and expenses (including attorneys’ fees and amounts paid in settlement of any claims approved by the Company) occasioned by any act or omission to act in connection with the Plan, so long as such act or omission is in good faith. The foregoing shall in no way limit the right of any member of the Plan Administrative Committee or employee to indemnification or reimbursement or the right to have, or receive payments from, insurance beyond that provided by the Plan.
|
(f) | Liability. To the extent permitted by law, neither the Plan Administrative Committee nor any other person shall incur any liability for any acts or for any failure to act except for liability arising out of such person’s own willful misconduct or gross negligence. |
(a) | The date that any one person, or more than one person acting as a group, acquires (including through the formation of a group) ownership of stock of the Company that, together with stock held by such person or group, constitutes more than fifty percent (50%) of the total fair market value or total voting power of the stock of the Company (not including where any one person, or more than one person acting as a group, who is considered to own more than fifty
percent (50%) of the total fair market value or total voting power of the stock of the Company, acquires additional stock). |
(b) | The date that any one person, or more than one person acting as a group, acquires (or has acquired during the twelve (12)-month period ending on the date of the most recent acquisition by such person or persons) ownership of stock of the Company possessing thirty percent (30%) or more of the total voting power of the stock of the Company, or a majority of the members of the
Board is replaced during any twelve (12)-month period by directors whose appointment or election is not endorsed by a majority of the members of the Board (who are not affiliated with such replacement directors) prior to the date of the appointment or election of such new directors. |
(c) | The date that any one person, or more than one person acting as a group, acquires (or has acquired during the twelve (12)-month period ending on the date of the most recent acquisition by such person or persons) assets from the Company that have a total fair market value equal to or more than forty-percent (40%) of the total fair market value of all of the assets of the
Company immediately prior to such acquisition or acquisitions unless the assets are transferred to (i) a stockholder of the Company (immediately before the asset transfer) in exchange for or with respect solely to its stock, (ii) an entity, fifty percent (50%) or more of the total value or voting power of which is owned, directly or indirectly by the Company, (iii) a person, or more than one person acting as a group, that owns, directly or indirectly, fifty percent (50%) or more of the total value or voting power of all of the outstanding stock of the Company, or (iv) an entity, at least fifty percent (50%) of the total value or voting power of which is owned, directly or indirectly, by a person, or more than one
person acting as a group, that owns directly or indirectly, fifty percent (50%) or more of the total value or voting power of all of the outstanding stock of the Company. |
(a) | who
is (i) employed by the Company or an Affiliate organized under the laws of the United States of America and working in the United States of America or (ii) employed by an Affiliate organized under the laws of a jurisdiction outside the United States of America but working in the United States of America on a global assignment and no longer participating in the person’s home country Company or Affiliate-sponsored retirement plan; and |
(b) | whose position is at the Vice President, Senior Vice President or higher level; but excluding |
(c) | any
employee who is or was a Participant in the AGCO Corporation Executive Nonqualified Pension Plan as first effective in 2000 and as subsequently amended. |
(a) | For
this purpose, the employment relationship is treated as continuing intact while the individual is on military leave, sick leave, or other bona fide leave of absence (such as temporary employment by the government) if the period of such leave does not exceed six (6) months, or, if longer, so long as the individual’s right to reemployment with the Company and its Affiliates is provided either by statute or by contract. If the period of leave exceeds six (6) months and the individual’s right to reemployment is not provided either by statute or by contract, the employment relationship is deemed to terminate on the first date immediately following such six (6)-month period. |
(b) | The
determination of whether a Participant has separated from service shall be determined based on the facts and circumstances in accordance with the rules set forth in Code Section 409A and the regulations thereunder. |
(a) | The Participant is unable to engage in any substantial
gainful activity by reason of any medically determinable physical or mental impairment that can be expected to result in death or can be expected to last for a continuous period of not less than twelve (12) months. |
(b) | The Participant is, by reason of any medically determinable physical or mental impairment that can be expected to result in death or can be expected to last for a continuous period of not less than twelve (12) months, receiving income replacement benefits for a period of not less than three (3) months under an accident and health plan covering employees of a Participating Employer. |
(c) | The
Participant is determined to be totally disabled by the Social Security Administration. |
(d) | The Participant is determined to be totally disabled under any disability program covering employees of the Participating Employer (including the Participant), provided the definition of total disability under such program complies with any of the definitions under (a), (b) or (c) above. |
(a) | An
Eligible Executive shall become a Participant in the Plan as of the date designated by the Plan Administrative Committee. |
(b) | An Eligible Executive shall only be a Participant under this Plan while he or she is employed by a Participating Employer and qualifies as an Eligible Executive. If an employee subsequently ceases to be an Eligible Executive after becoming a Participant, he or she shall remain a Participant under the Plan only to the extent of any existing Account balance but shall receive no further Employer Contributions. By way of example and not of limitation, if an Eligible Executive terminates employment with the Company and its Affiliates but continues
to provide services as a consultant or other independent contractor, that individual is no longer an Eligible Executive and will remain a Participant only to the extent of any existing Account balance but shall receive no further Employer Contributions. Under the foregoing circumstances, however, payment of the Participant’s Account may only commence on a Separation from Service. If such individual again becomes an Eligible Executive, he or she will only again become a Participant as of the date designated by the Plan Administrative Committee. |
(c) | An Eligible Executive who incurs a Separation from Service but is subsequently re-hired will only become a Participant upon re-hire if again designated by the Plan Administrative Committee. Notwithstanding
the foregoing, the payment of the Participant’s Account will continue as set forth herein upon a Separation from Service even if the Participant is re-hired and again commences participation in the Plan. |
(d) | Notwithstanding the foregoing, the Plan Administrative Committee may remove a Participant from participation in the Plan on a prospective basis, such that no further Employer Contributions will be credited to the Participant’s Account, and the Participant shall remain a Participant under the Plan only to the extent of any existing Account balance. |
(a) | No Participant may contribute or defer any amounts to the Plan. |
(b) | Except as set forth below, for each Plan Year, the Participating Employer shall credit to the Account of each Participant employed by that Participating Employer with an Employer
Contribution, no later than thirty (30) days after the end of the Plan Year, in the following amounts: |
(i) | for Participants at the Vice President level, the amount equal to (A) eight percent (8%) (or such greater percentage as the Plan Administrative Committee may designate) of the Participant’s Plan Compensation for the Plan Year or, if the Participant was not a Participant for the full Plan Year, the portion thereof in which the Participant was a Participant in the Plan, minus (B) the Participant’s Savings Plan Benefit for the Plan Year; and |
(ii) | for
Participants at the Senior Vice President level or greater, the amount equal to (A) ten percent (10%) (or such greater percentage as the Plan Administrative Committee may designate) of the Participant’s Plan Compensation for the Plan Year or, if the Participant was not a Participant for the full Plan Year, the portion thereof in which the Participant was a Participant in the Plan, minus (B) the Participant’s Savings Plan Benefit for the Plan Year. |
(c) | Notwithstanding the foregoing, the Plan Administrative Committee may elect to not make an Employer Contribution to a Participant’s Account for the applicable Plan Year or may reduce the amount of such Employer Contribution for the applicable Plan Year, provided the Plan Administrative Committee exercises such discretion, prior to the beginning of the applicable Plan Year, with respect to all of the Participants within the class of Eligible Executives to which the Plan Administrative Committee intends to exercise such discretion and then notifies the Participants no later than thirty (30) days thereafter that no such Employer Contributions, or a reduced level of Employer Contributions,
will be made for the applicable Plan Year. |
(d) | The Plan Administrative Committee also may elect to credit a Participant’s Account with additional Employer Contributions, as the Plan Administrative Committee may elect, and such additional Employer Contributions need not be made to other Participants. No Participant shall have any right to receive any additional Employer Contributions under this Section 4.1(d). |
(e) | The
Participant’s Employer Contribution will be credited to the Participant’s Account as of the last Valuation Date of the Plan Year to which the Employer Contribution relates. |
(a) | Except as otherwise provided in Section 4.2(b) below or otherwise specified by the Participating Employer at the time of credit to the Account of the Participant, the Employer Contributions credited to a Participant’s Account shall be vested in full on and after the time the Participant has been a Participant in the Plan and eligible to be credited Employer Contributions from the first day of Participant’s participation in the
Plan through the fifth (5th) anniversary of such date. |
(b) | Notwithstanding the foregoing vesting schedule: |
(i) | the Participating Employer may specify a different vesting schedule for an Employer Contribution for any particular Plan Year than described above or provide that the Employer Contribution for any particular Plan Year is fully vested at the time credited to the Account of the Participant; and |
(ii) | the
balance credited to a Participant’s Account shall become fully vested if the Participant remains continuously employed by a Participating Employer and a Participant in the Plan eligible to be credited Employer Contributions, until his or her death, Total Disability, or the occurrence of a Change in Control. |
(a) | Time and/or Form of Payment. Except as otherwise set forth below, payment of a Participant’s vested Account(s) will be made in a single lump sum on the first day of the seventh (7th) calendar month following the Participant’s Separation from Service. |
(b) | Amount
of Payment. The amount of the lump sum payment will be equal to the value of Participant’s vested Account(s) as of the Valuation Date immediately preceding the date of payment. |
(a) | In the event that a Participant Separates from Service by reason of his or her death, or dies after his or her Separation from Service and prior to receiving payment of his or her Account(s), the balance credited to his or her vested Account(s) will be distributed to the Participant’s designated beneficiary at the time and in the form set forth above. |
(a) | The Participant may name a beneficiary or beneficiaries to receive the balance of the Participant’s Account in the event of the Participant’s death prior to the payment
of the Participant’s Account. To be effective, any beneficiary designation must be filed in writing with the Plan Administrative Committee in accordance with rules and procedures adopted by the Plan Administrative Committee for that purpose. |
(b) | A Participant may revoke an existing beneficiary designation by filing another written beneficiary designation with the Plan Administrative Committee. The latest beneficiary designation received by the Plan Administrative Committee shall be controlling; provided, however, that no designation, or change or revocation thereof, shall be effective unless received by the Plan Administrative Committee prior to the Participant’s death. |
(c) | If
no beneficiary is named by a Participant, or if the Participant survives all of the Participant’s named beneficiaries and does not designate another beneficiary, the Participant’s Account shall be paid in the following order of precedence: |
(a) | the Participant’s employment
with the Participating Employer has been terminated for Cause; or |
(b) | if at any time prior to payment, the Participant has breached any of his or her post-employment obligations, including, but not limited to, any restrictive covenants or obligations under any agreement and general release, |
(a) | Initial Disability Claim Review. If a Participant applies for a benefit under the Plan based on a Total Disability, and in the event a claim for benefits is wholly or partially denied by the Plan Administrative Committee, the Plan
Administrative Committee shall, within a reasonable period of time, but no later than forty-five (45) days after receipt of the claim, notify the claimant in writing of the denial of the claim. This forty-five (45) day period may be extended up to thirty (30) days if such an extension is necessary due to matters beyond the control of the Plan, and the claimant is notified, prior to the expiration of the initial forty-five (45) day period, of the circumstances requiring the extension of time and the date by which the Plan Administrative Committee expects to render a decision. If, prior to the end of the first thirty (30) day extension period, the Plan Administrative Committee determines that, due to matters beyond the control of the Plan, a decision cannot be rendered within that extension period, the period for making the determination may be extended for up to an additional thirty (30) days, provided that the Plan Administrative Committee notifies the claimant, prior
to the expiration of the first thirty (30) days extension period, of the circumstances requiring the extension and the date as of which the Plan Administrative Committee expects to render a decision. In the case of any extension, the notice of extension also shall specifically explain the standards on which entitlement to a benefit upon Total Disability is based, the unresolved issues that prevent a decision on the claim, and the additional information needed to resolve those issues, and the claimant shall be afforded at least forty-five (45) days within which to provide the specified information, if any. |
(b) | Denial of Disability Claim. If the Plan Administrative Committee denies the claim for a Total Disability benefit in whole
or in part, the claimant shall be provided with written notice of the denial stating the specific reason for the denial; reference to the specific Plan provisions on which the denial is based; a description of any additional material or information necessary for the claimant to perfect the claim and an explanation of why such material or information is necessary; and a description of the Plan’s review procedures (as set forth below) and the time limits applicable to such procedures, including the claimant’s right to bring civil action following an adverse benefit determination. If an internal rule, guideline, protocol, or other similar criterion was relied upon in making the adverse determination, either the specific rule, guideline, protocol, or other similar criterion shall be provided to the claimant free of charge, or the claimant |
(c) | Appeal of Denied Disability Claim. If the claim for a Total Disability benefit is denied in full or in part, the claimant shall have the right to appeal the decision by sending a written request for review to the Plan Administrative Committee within one hundred eighty (180) days of his receipt of the claim denial notification. The claimant may submit written comments, documents, records, and other information relating to his or her claim for benefits. Upon request, the claimant shall be provided free of charge and reasonable access to, and copies of, all documents, records and other information relevant to his claim. |
(d) | Review
of Appealed Disability Claim. Upon receipt of the claimant’s appeal of the denial of his claim, the Plan Administrative Committee shall conduct a review that takes into account all comments, documents, records, and other information submitted by the claimant or his authorized representative relating to the claim, without regard to whether such information was submitted or considered in the initial benefit determination. The review shall not afford deference to the initial benefit determination and shall be conducted by an individual who is neither the individual who made the adverse benefit determination that is the subject of the appeal, nor the subordinate of such individual. The Plan Administrative Committee shall consult a medical professional who has appropriate training and experience in the field of medicine relating to the claimant’s disability and who is neither consulted as part of the initial denial nor is the subordinate to such individual
and shall identify the medical or vocational experts whose advice is obtained with respect to the initial benefit denial, without regard to whether the advice was relied upon in making the decisions. If a claim is denied due a medical judgment, the Plan Administrative Committee will consult with a healthcare professional who has appropriate training and experience in the field of medicine involved in the medical judgment. The healthcare professional consulted will not be the same person consulted in connection with the initial benefit decision (nor be the subordinate of that person). The decision on review also will identify any medical or vocational experts who advised the Company’s benefits department in connection with the original benefit decision, even if the advice was not relied upon in making the decision. |
(e) | Timing
of Review on Appeal. The Plan Administrative Committee shall notify the claimant of its determination on review within a reasonable period of time, but generally not later than forty-five (45) days after receipt of the request for review, unless the Plan Administrative Committee determines that special circumstances require an extension of time for processing the claim. If the Plan Administrative Committee determines that an extension of time for processing is required, written notice of the extension will be furnished to the claimant prior to the termination of the initial forty-five (45) day period. In no event shall such extension exceed a period of forty-five (45) days from the end of the initial period. The extension notice shall indicate the special circumstances requiring extension of time and the date by which the Plan Administrative Committee expects to render the determination on review. |
(f) | Denial
on Appeal. If the Plan Administrative Committee denies the claim on appeal, it shall notify the claimant in a manner to be understood by him of the specific reason or reasons for the adverse determination; reference to the specific Plan provisions on which the adverse determination is based; a statement that the claimant is entitled to receive, upon request and free of charge, reasonable access to, and copies of, all documents, records, and other information relevant to his claim; and a statement indicating the claimant’s right to file a lawsuit upon completion of the claims procedure process. If an internal rule, guideline, protocol, or other similar criterion was relied upon in making the adverse determination, either the specific rule, guideline, protocol, or other similar criterion shall be provided free of charge, or the claimant may be informed that such rule, guideline, protocol, or other criterion shall be provided free of charge upon
request. |
(a) | Such trust(s) shall be an irrevocable grantor trust containing provisions
which are the same as, or are similar to, the provisions contained in the model “rabbi trust” set forth in Internal Revenue Service Revenue Procedure 92-64 (or any successor guidance issued by the IRS). The terms of the trust shall contain such provisions as may be necessary so that the Plan will be considered “unfunded” for purposes of ERISA and the Code. |
(b) | The Participating Employers may make contributions to the trust(s) equal to the amount of the Employer Contributions following the date on which such contributions are credited to Participants’ Accounts. Notwithstanding the foregoing, however, no contributions may be made to any trust during any “restricted period” within the meaning of Section 409A(b)(3) of the Code. |
(c) | The
Participating Employers shall pay all costs relating to the establishment and maintenance of the trust(s) and the investment of funds held in such trust(s). |
(d) | The assets and income of such trust shall be subject to the claims of the general creditors of the Participating Employers in the event of bankruptcy or insolvency. The establishment of such a trust shall not affect the Participating Employer’s liability to pay benefits hereunder except that any such liability shall be offset by any payments actually made to a Participant under such a trust. None of the assets of the trust may be restricted to pay benefits under the Plan in connection with any change in the financial health of the Participating Employer or within any time period prohibited
by Section 409A(b)(3). |
(e) | In the event such a trust is established, the amount to be contributed thereto shall be determined by the Participating Employer and the investment of such assets shall be made in accordance with the trust document. |
(f) | Participants shall have no direct or secured claim in any asset of the trust or in specific
assets of the Participating Employer and will have the status of general unsecured creditors of the Employer for any amounts due under this Plan. |
(g) | All assets of the trust shall be held in the United States unless otherwise permitted under Code Section 409A(b). |
(a) | Acceleration
of Payments. The Plan Administrative Committee may, its discretion, accelerate the payment of all or a portion of a Participant’s vested Account prior to the time specified in this Plan to the extent such acceleration is permitted by Treasury Regulation Section 1.409A-3(j)(4). Such permitted accelerations shall include payments to comply with domestic relations orders, payments to comply with conflicts of interest laws, payment of employment taxes, payment upon income inclusion under Code Section 409A, and/or such other circumstances as are permitted by Section 409A and the Treasury Regulations thereunder. |
(b) | Delay of Payments. The Plan Administrative Committee may, in its discretion, delay the payment
of all or a portion of a Participant’s Account in such circumstances as may be permitted under Code Section 409A provided the Participant consents to such further delay. |
AGCO
CORPORATION | |
(the “Company”) | |
By: | /s/ Roger N. Batkin |
Title: | Vice President and General Counsel |
• | examine,
without charge at the Plan Administrator’s office and at other specified locations, such as worksites and union halls, all documents governing the Plan, including collective bargaining agreements, and a copy of the latest Annual Report (Form 5500 series), if any, filed by the Plan with the U.S. Department of Labor and available at the Public Disclosure Room of the Employee Benefits Security Administration (f/k/a the Pension Welfare Benefits Administration). |
• | obtain copies of all documents governing the operation of the Plan including collective bargaining agreements and copies of the latest Annual Report (Form 5500 series), if any, and an updated summary plan description, by making a written request
to the Plan Administrator and paying a reasonable charge for the copies. |
• | receive a summary of the Plan’s annual financial report. The Plan Administrator is required by law to furnish each participant under the Plan with a copy of this summary annual report. |
| This ‘10-K’ Filing | Date | Other Filings | ||
|---|---|---|---|---|
 | ||||
| Filed on: | 2/26/16 | |||
| For Period end: | 12/31/15 | SD | ||
| 7/31/15 | 4 | |||
| List all Filings | ||||
As Of Filer Filing For·On·As Docs:Size Issuer Filing Agent 2/27/24 AGCO Corp. 10-K 12/31/23 169:34M 3/01/23 AGCO Corp. 10-K 12/31/22 145:24M 2/25/22 AGCO Corp. 10-K 12/31/21 151:24M 3/01/21 AGCO Corp. 10-K 12/31/20 142:23M |