WCSR 4243750v3

CITY OF RALEIGHMONEY PURCHASE PENSION PLANNINTH AMENDMENTThe City Council of the City of Raleigh, North Carolina hereby amends the City of Raleigh Money Purchase Pension Plan, as amended and restated effective January 1, 2001, asfollows:1. Delete of Section 3.05 in its entirety and substitute therefor the following:“Section 3.05 SPECIAL EMPLOYER CONTRIBUTION FOR CITYMANAGER, J. RUSSELL ALLEN -- Effective as of the date of hire of the CityManager, J. Russell Allen, a special Employer contribution shall be made by theEmployer on behalf of the City Manager, J. Russell Allen, in lieu of the contributiondescribed in Section 3.01. This special Employer Contribution shall not be contingentupon participation in the City of Raleigh Deferred Pay Plan. The special Employercontribution shall not be subject to the vesting schedule set forth in Section 5.08 of thePlan, but shall be immediately 100% vested.Effective for the period beginning on the date of hire of the City Manager, J.Russell Allen and ending March 31, 2002, the amount of the special annual Employercontribution made to the City Manager, J. Russell Allen shall be equal to 7% of hisCompensation.Effective for the period beginning April 1, 2002 and ending March 31, 2004, theamount of the special annual Employer contribution made to the City Manager, J. RussellAllen shall be equal to 8% of his Compensation.Effective for the period beginning April 1, 2004 and ending March 31, 2005, theamount of the special annual Employer contribution made to the City Manager, J. RussellAllen shall be equal to 9% of his Compensation.Effective for the period beginning April 1, 2005 and ending March 31, 2006, theamount of the special annual Employer contribution made to the City Manager, J. RussellAllen shall be equal to 10% of his Compensation.Effective for the period beginning April 1, 2006 and ending March 31, 2007, theamount of the special annual Employer contribution made to the City Manager, J. RussellAllen shall be equal to 11% of his Compensation.Effective for the period beginning April 1, 2007 and ending March 31, 2008, theamount of the special annual Employer contribution made to the City Manager, J. RussellAllen shall be equal to 12% of his Compensation.Effective for the period beginning April 1, 2008 and ending March 31, 2009, theamount of the special annual Employer contribution made to the City Manager, J. RussellAllen shall be equal to 13% of his Compensation.

WCSR 4243750v3

Effective for the period beginning April 1, 2009 and continuing until the effectivedate of a subsequent amendment, the amount of the special annual Employer contributionmade to the City Manager, J. Russell Allen shall be equal to 15% of his Compensation.”2. Add the following new Section 3.06 immediately following Section 3.05:“Section 3.06 SPECIAL EMPLOYER CONTRIBUTION FOR CITYATTORNEY, THOMAS A. MCCORMICK – Effective as of July 1, 2005, a specialEmployer contribution shall be made by the Employer on behalf of the City Attorney,Thomas A. McCormick in lieu of the contribution described in Section 3.01. This specialEmployer Contribution shall not be contingent upon participation in the City of RaleighDeferred Pay Plan. The special Employer contribution shall not be subject to the vestingschedule set forth in Section 5.08 of the Plan, but shall be immediately 100% vested.Effective for the period beginning on July 1, 2005 and ending June 30, 2006, theamount of the special annual Employer contribution made to the City Attorney, ThomasA. McCormick shall be equal to 10% of his Compensation.Effective for the period beginning on July 1, 2006 and ending June 30, 2007, theamount of the special annual Employer contribution made to the City Attorney, ThomasA. McCormick shall be equal to 11% of his Compensation.Effective for the period beginning on July 1, 2007 and ending June 30, 2008, theamount of the special annual Employer contribution made to the City Attorney, ThomasA. McCormick shall be equal to 12% of his Compensation.Effective for the period beginning on July 1, 2008 and continuing until theeffective date of a subsequent amendment, the amount of the special annual Employercontribution made to the City Attorney, Thomas A. McCormick shall be equal to 13% of his Compensation.”IN WITNESS WHEREOF, the City Council on behalf of the City of Raleigh, NorthCarolina has caused this Ninth Amendment to be signed and dated this the ____ day of February,2010.CITY OF RALEIGH, NORTH CAROLINABy: ________________________________ATTEST:By: _____________________________