EXHIBIT 10.1
AMENDMENT 2000-1
BECKMAN COULTER, INC.
SAVINGS PLAN
WHEREAS, Beckman Coulter, Inc. (the "Company"), a
Delaware corporation, maintains the Beckman Coulter, Inc.
Savings Plan (the "Plan"); and
WHEREAS, the Company now desires to amend the Plan to
limit the Retirement Plus provisions to Coulter Employees (as
defined below) hired before May 1, 2000, to change the crediting
of Retirement Plus contributions from a quarterly basis to an
annual basis, to expand the group of participants for whom the
age-based contributions are made, and to allow certain rollover
contributions of distributions from the Beckman Coulter, Inc.
Pension Plan; and
WHEREAS, the Company has the right to amend the Plan;
NOW, THEREFORE, the Plan is hereby amended as follows,
effective as of the date of adoption of this Amendment 2000-1,
except as otherwise indicated below:
1. Section 3.6(a) is amended by adding the following
to the end of the section:
"An individual who was a Covered Employee as of July 1,
2000 or thereafter, who receives a lump sum
distribution from the Beckman Coulter, Inc. Pension
Plan on or after July 1, 2000, and who otherwise has an
Account in this Plan, shall be permitted to rollover
such lump sum distribution to this Plan (provided the
other requirements of this Section are satisfied)."
2. Effective April 30, 2000, Section 1 of Appendix F
is amended to provide as follows:
"Each Covered Employee who as of October 31, 1997 was
classified by the Company as an employee rendering
services to Coulter Corporation is subject to the
provisions of this Appendix F (a 'Coulter Employee').
However, any Coulter Employee who has a Reemployment
Commencement Date on or after May 1, 2000 shall be
classified as a Beckman Employee as of the Reemployment
Commencement Date. With respect to individuals not
employed by the Company as of October 31, 1997 but who
later become Covered Employees, the following rules
shall apply: (1) If (a) such Covered Employee had no
prior service with Beckman Instruments, Inc. or Coulter
Corporation, (b) the Covered Employee's first Hour of
Service is performed at a facility, location or
operation determined by the Company to be primarily
related to the portion of the Company's business
acquired through the acquisition of Coulter
Corporation, and (c) the Covered Employee's first Hour
of Service is performed on or before April 30, 2000,
that person shall be a 'Coulter Employee' for purposes
of this Appendix F. (2) If such a Covered Employee's
first Hour of Service is after October 31, 1997 but
before May 1, 2000, and he has prior service with
either Coulter Corporation or Beckman Instruments,
Inc., then he shall be classified as a 'Coulter
Employee' upon rehire if he was most recently employed
by Coulter Corporation (rather than Beckman
Instruments, Inc.) prior to October 31, 1997.
Otherwise, upon rehire by the Company he shall be
classified as a 'Beckman Employee.' (3) If a Covered
Employee's first Hour of Service is on or after May 1,
2000, then he shall be classified as a 'Beckman
Employee.'
The initial classification of an Employee as
a 'Coulter Employee'or 'Beckman Employee' shall
continue notwithstanding any change to the
Employee's facility, location or operation, but a
Coulter Employee who has a Reemployment
Commencement Date on or after May 1, 2000 shall be
classified as a Beckman Employee as of the
Reemployment Commencement Date."
3. Effective July 1, 2000, Section 7 of Appendix F is
amended to read as follows:
"The Committee shall maintain a 'Retirement
Plus Contributions Account' under the Plan for
each Coulter Employee.
"Contributions Effective Before July 1, 2000.
--------------------------------------------
Commencing September 1, 1998 and ending June 30,
2000, on account of each calendar quarter (ending
March 31, June 30, September 30, and December 31),
the Company shall make a 'Retirement Plus
Contribution' to the Retirement Plus Contributions
Account of each Coulter Employee who, as of the
last working day of that quarter (i) is a Covered
Employee and (ii) has completed a twelve month
Period of Service with the Company or a Related
Company. Such contribution shall be equal to 3%
of that Employee's Plan Compensation for that
quarter. Such contribution shall be made as soon
as administratively feasible following the end of
the quarter.
"In addition, for each Coulter employee
who was (1) hired on or before November 1, 1995,
(2) was employed by Coulter Corporation on March
31, 1996, and (3) was a participant in the Coulter
Corporation Pension Plan on March 31, 1996, the
Company shall make the quarterly contribution
shown in the following table to the Retirement
Plus Contributions Account of each such Coulter
Employee who is a Covered Employee on the last
working day of each quarter through the quarter
ending June 30, 2000. Such quarterly contributions
shall be based on the Participant's Plan
Compensation plus Excess Compensation for that
calendar quarter and based on the Participant's
age on the last day of the calendar quarter for
which the contribution is made; however, such
contribution shall be reduced by the amount of the
3% contribution made pursuant to the first
paragraph of this Section 6. Such contribution
shall be made as soon as administratively feasible
following the end of the quarter. For purposes of
this paragraph, 'Excess Compensation' shall mean
Plan Compensation which exceeds the Social
Security wage base for FICA purposes in effect at
the beginning of the Plan Year.
Plan Excess
Participant's Age Compensation + Compensation
----------------- ------------ -----------
40-44 3.0% 1.0%
45-49 4.5% 2.0%
50-54 6.0% 2.5%
55-59 7.0% 3.0%
60 & Older 9.0% 4.0%
"Contributions Effective After July 1, 2000
-------------------------------------------
Commencing July 1, 2000, on account of each
calendar quarter (ending September 30, and
December 31) until December 31, 2000, the Company
shall make a 'Retirement Plus Contribution' to the
Retirement Plus Contributions Account of each
Coulter Employee who, as of the last working day
of that quarter (i) is a Covered Employee and (ii)
has completed a twelve month Period of Service
with the Company or a Related Company. Such
contribution shall be equal to the contribution
shown in the following table, based on the
Participant's Plan Compensation plus Excess
Compensation for that calendar quarter and based
on the Participant's age on the last day of the
calendar quarter for which the contribution is
made. Such contribution shall be made as soon as
administratively feasible following the end of the
quarter. For purposes of this paragraph, 'Excess
Compensation' shall mean Plan Compensation which
exceeds the Social Security wage base for FICA
purposes in effect at the beginning of the Plan
Year.
Plan Excess
Participant's Age Compensation + Compensation
----------------- ------------ ----------
Less than 40 3.0% none
40-44 3.0% 1.0%
45-49 4.5% 2.0%
50-54 6.0% 2.5%
55-59 7.0% 3.0%
60 & Older 9.0% 4.0%
Commencing January 1, 2001, and each year
thereafter, the contributions according to the
above schedule shall be made on account of each
Plan Year, rather than on account of each calendar
quarter. Such contributions shall be based upon
each Participant's Plan Compensation and Excess
Compensation for the Plan Year, and each
Participant's age as of the last day of the Plan
Such contribution shall be made as soon as
administratively feasible following the end of the
Plan Year. Such contribution shall be made on
behalf of each Coulter Employee who (i) is a
Covered Employee as of the last working day of the
Plan Year, or (ii) has terminated employment
during the Plan Year due to lay off (as determined
by the Company), death, retirement or Disability.
The contribution referred to in (ii) above shall
be based upon Plan Compensation while a Covered
Employee for the Plan Year. As referred to in
(ii) above, "retirement" "means that the former
Covered Employee has either (x) completed at least
five Years of Service, and the former Covered
Employee's number of Years of Service, when added
to such person's age at his or her most recent
birthday prior to termination of employment,
equals at least sixty-five (65), or (y) such
former Covered Employee is age 65 or older at his
or her most recent birthday prior to termination
of employment and has completed at least one Year
of Service."
IN WITNESS WHEREOF, this Amendment 2000-1 is hereby adopted
this day of June, 2000.
BECKMAN COULTER, INC.
by FIDENCIO M. MARES
-----------------
Fidencio M. Mares
Vice President - Human Resources
