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Morgan Stanley – ‘10-Q’ for 6/30/09 – ‘EX-10.5’

On:  Friday, 8/7/09, at 5:20pm ET   ·   For:  6/30/09   ·   Accession #:  1193125-9-169269   ·   File #:  1-11758

Previous ‘10-Q’:  ‘10-Q’ on 5/7/09 for 3/31/09   ·   Next:  ‘10-Q’ on 11/9/09 for 9/30/09   ·   Latest:  ‘10-Q’ on 11/3/23 for 9/30/23   ·   4 References:   

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

 8/07/09  Morgan Stanley                    10-Q        6/30/09   33:9.1M                                   Donnelley … Solutions/FA

Quarterly Report   —   Form 10-Q   —   Sect. 13 / 15(d) – SEA’34
Filing Table of Contents

Document/Exhibit                   Description                      Pages   Size 

 1: 10-Q        Quarterly Report for the Period Ended June 30,      HTML   2.65M 
                2009                                                             
 2: EX-10.1     Amended and Restated Trust Agreement Dated as of    HTML     84K 
                April 21, 2009                                                   
 3: EX-10.2     Amendment to Morgan Stanley 401(K) Plan, Dated as   HTML     30K 
                of June 30, 2009                                                 
 4: EX-10.3     Morgan Stanley 401(K) Savings Plan, Adopted         HTML    315K 
                Effective as of July 1, 2009                                     
 5: EX-10.4     Directors' Equity Capital Accumulation Plan, as     HTML     78K 
                Amended Through June 18, 2009                                    
 6: EX-10.5     Amendment to the Morgan Stanley Supplement          HTML     17K 
                Executive Retirement and Excess Plan                             
 7: EX-10.6     Morgan Stanley 2007 Notional Leveraged              HTML     82K 
                Co-Investment Plan                                               
 8: EX-10.7     Memorandum Dated as of August 4, 2009 to Gary G.    HTML    233K 
                Lynch                                                            
 9: EX-12       Statement Re: Computation of Ratio of Earnings      HTML     68K 
10: EX-15       Letter of Awareness From Deloitte & Touche LLP,     HTML     23K 
                Dated August 7, 2009                                             
11: EX-31.1     Rule 13A-14(A) Certificate of Chief Executive       HTML     20K 
                Officer                                                          
12: EX-31.2     Rule 13A-14(A) Certificate of Chief Financial       HTML     20K 
                Officer                                                          
13: EX-32.1     Section 1350 Certificate of Chief Executive         HTML     15K 
                Officer                                                          
14: EX-32.2     Section 1350 Certificate of Chief Financial         HTML     15K 
                Officer                                                          
28: XML         IDEA XML File -- Definitions and References          XML    122K 
31: XML         IDEA XML File -- Filing Summary                      XML     47K 
29: XML.R1      Statement Of Financial Position Unclassified -       XML    523K 
                Deposit Based Operations                                         
30: XML.R2      Statement Of Financial Position Unclassified -       XML    124K 
                Deposit Based Operations (Parenthetical)                         
23: XML.R3      Statement Of Income Interest Based Revenue           XML    478K 
24: XML.R4      Statement Of Income Interest Based Revenue           XML     45K 
                (Parenthetical)                                                  
27: XML.R5      Statement Of Other Comprehensive Income              XML    133K 
26: XML.R6      Statement Of Cash Flows Indirect Deposit Based       XML    529K 
                Operations                                                       
33: XML.R7      Statement Of Shareholders Equity And Other           XML    751K 
                Comprehensive Income                                             
22: XML.R8      Notes to Financial Statements                        XML   1.77M 
25: XML.R9      Document Information                                 XML     44K 
21: XML.R10     Entity Information                                   XML    111K 
32: EXCEL       IDEA Workbook of Financial Reports (.xls)            XLS    147K 
15: EX-101.INS  XBRL Instance -- ms-20090630                         XML   2.00M 
17: EX-101.CAL  XBRL Calculations -- ms-20090630_cal                 XML    171K 
18: EX-101.DEF  XBRL Definitions -- ms-20090630_def                  XML     58K 
19: EX-101.LAB  XBRL Labels -- ms-20090630_lab                       XML    430K 
20: EX-101.PRE  XBRL Presentations -- ms-20090630_pre                XML    326K 
16: EX-101.SCH  XBRL Schema -- ms-20090630                           XSD     55K 


‘EX-10.5’   —   Amendment to the Morgan Stanley Supplement Executive Retirement and Excess Plan


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  Amendment to the Morgan Stanley Supplement Executive Retirement and Excess Plan  

EXHIBIT 10.5

AMENDMENT TO

SUPPLEMENTAL EXECUTIVE RETIREMENT AND EXCESS PLAN

Pursuant to the authority granted to it by Morgan Stanley, Morgan Stanley & Co. Incorporated (the “Corporation”) hereby amends the Morgan Stanley Supplemental Executive Retirement and Excess Plan as follows:

1. Effective April 1, 2009, Article II, Definitions and Assumptions is amended by redesignating paragraphs L through T as paragraphs M through U, respectively.

2. Effective April 1, 2009, a new paragraph II(L), Government Service Termination is inserted as follows:

“L. ‘Government Service Termination’ shall mean the termination of an employee’s employment due to the employee’s commencement of employment at a governmental department or agency, self-regulatory agency or other public service employer.”

3. Effective April 1, 2009, a new subsection VI(I), Government Service Termination is added as follows:

“I. Government Service Termination. Notwithstanding any provision in this Plan to the contrary, effective April 1, 2009, if an employee (other than a named executive officer of the Firm) experiences a Government Service Termination that does not involve a ‘cancellation event’ under the any of the Firm’s long-term incentive plans that apply to such employee, and such employee meets the requirements of Paragraph III(A) of the Plan (Participation Requirement for SERP Benefits) (and is not excluded from participation under Paragraph III(C) or Appendix C) as of the date of such Government Service Termination, other than the requirement that the employee shall have attained age 55, such employee may, in the discretion of the Firm, be treated as an employee who has met the requirements of such Paragraph III(A) and the amount payable shall be a percentage (between 0% and 100%), as determined by the Firm in its discretion, of the amount determined under Paragraph IV of the Plan, provided that such employee signs a release or other agreement as may be required by the Firm. Nothing in this Paragraph shall alter the timing or form of payment of any Participant’s Benefit as set forth in Paragraph VI of the Plan.”


4. Effective April 1, 2009, a new subsection VI(J), Illegality or Excise Taxes, is added as follows:

“J. Illegality or Excise Taxes. Effective April 1, 2009, if the Firm reasonably determines that the payment of any benefit provided by this Plan does not comply with, or results in an excise or penalty tax under, applicable standards, rules or regulations, the Firm has the right to modify the time, form, amount or other rights or features of such benefit, consistent with the requirements of Code Section 409A, and may require a Participant to repay any amount previously paid to the Participant pursuant to this Plan that the Firm reasonably determines does not comply with, or results in such excise or penalty tax under, such standards, rules or regulations.”

*  *  *  *  *  *  *  *  *

IN WITNESS WHEREOF, the Corporation has caused this Amendment to be executed on its behalf as of this 30th day of June, 2009.

 

MORGAN STANLEY & CO.

INCORPORATED

By:  

/s/    KAREN JAMESLEY

Title:   Global Head of Human
  Resources

 

2


Dates Referenced Herein   and   Documents Incorporated by Reference

This ‘10-Q’ Filing    Date    Other Filings
Filed on:8/7/09FWP
For Period end:6/30/0913F-HR,  FWP
4/1/09FWP
 List all Filings 


4 Subsequent Filings that Reference this Filing

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

 2/22/24  Morgan Stanley                    10-K       12/31/23  224:45M
 2/24/23  Morgan Stanley                    10-K       12/31/22  227:50M
 2/24/22  Morgan Stanley                    10-K       12/31/21  225:51M
 2/26/21  Morgan Stanley                    10-K       12/31/20  225:50M
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Filing Submission 0001193125-09-169269   –   Alternative Formats (Word / Rich Text, HTML, Plain Text, et al.)

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