-----BEGIN PRIVACY-ENHANCED MESSAGE----- Proc-Type: 2001,MIC-CLEAR Originator-Name: webmaster@www.sec.gov Originator-Key-Asymmetric: MFgwCgYEVQgBAQICAf8DSgAwRwJAW2sNKK9AVtBzYZmr6aGjlWyK3XmZv3dTINen TWSM7vrzLADbmYQaionwg5sDW3P6oaM5D3tdezXMm7z1T+B+twIDAQAB MIC-Info: RSA-MD5,RSA, BbKg1Uamk11C4pDmW74p9hNqtb0t0+XRBTlRxJfgVQT8S0TFY9DpkIO19MIXY7vR GPP6/sP/z5bNDV9QIqpfEg== 0000950123-09-069237.txt : 20091208 0000950123-09-069237.hdr.sgml : 20091208 20091208170124 ACCESSION NUMBER: 0000950123-09-069237 CONFORMED SUBMISSION TYPE: 8-K PUBLIC DOCUMENT COUNT: 2 CONFORMED PERIOD OF REPORT: 20091202 ITEM INFORMATION: Departure of Directors or Certain Officers; Election of Directors; Appointment of Certain Officers: Compensatory Arrangements of Certain Officers ITEM INFORMATION: Financial Statements and Exhibits FILED AS OF DATE: 20091208 DATE AS OF CHANGE: 20091208 FILER: COMPANY DATA: COMPANY CONFORMED NAME: DTE ENERGY CO CENTRAL INDEX KEY: 0000936340 STANDARD INDUSTRIAL CLASSIFICATION: ELECTRIC SERVICES [4911] IRS NUMBER: 383217752 STATE OF INCORPORATION: MI FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: 8-K SEC ACT: 1934 Act SEC FILE NUMBER: 001-11607 FILM NUMBER: 091229267 BUSINESS ADDRESS: STREET 1: ONE ENERGY PLAZA CITY: DETROIT STATE: MI ZIP: 48226 BUSINESS PHONE: 3132354000 MAIL ADDRESS: STREET 1: ONE ENERGY PLAZA CITY: DETROIT STATE: MI ZIP: 48226 FORMER COMPANY: FORMER CONFORMED NAME: DTE HOLDINGS INC DATE OF NAME CHANGE: 19950127 8-K 1 c93432e8vk.htm FORM 8-K Form 8-k
 
 

UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549

FORM 8-K

CURRENT REPORT
Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934

Date of Report (Date of earliest event reported): December 2, 2009

DTE Energy Company
(Exact name of registrant as specified in its charter)
         
Michigan   1-11607   38-3217752
(State or other Jurisdiction of Incorporation)   (Commission File Number)   (IRS Employer Identification No.)
     
2000 2nd Avenue Detroit, Michigan   48226-1279
(Address of Principal Executive Offices)   (Zip Code)

Registrant’s telephone number, including area code: 313-235-4000
 
 
(Former name or former address if changed since last report.)

Check the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy the filing obligation of the registrant under any of the following provisions:

o Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)

o Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)

o Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))

o Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c))

 
 

 

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Item 5.02. Departure of Directors or Principal Officers; Election of Directors; Appointment of Principal Officers; Compensatory Arrangements of Certain Officers

Executive Supplemental Retirement Plan Amendment

On December 2, 2009, the Organization and Compensation Committee of the DTE Energy Company (“Company”) Board of Directors adopted an amendment to the DTE Energy Company Executive Supplemental Retirement Plan (Amended and Restated Effective January 1, 2005) (the “ESRP”). The ESRP provides additional retirement benefits to Company executives beyond the benefits provided by the Company’s qualified retirement plan. Under the terms of the amendment, an executive participant’s benefits accrued after December 31, 2009 under the ESRP would be forfeited if the executive violates any covenant pursuant to the Confidentiality and Non-Competition Agreement or the Confidentiality and Non-Solicitation Agreement between the Company and the executive participants expected to be entered into in 2010. The amendment to the ESRP is attached as Exhibit 10.1 to this report.

In accordance with General Instruction B.2 of Form 8-K, the information in this Current Report on Form 8-K, including Exhibit 99.1, shall not be deemed “filed” for the purposes of Section 18 of the Securities Exchange Act of 1934, as amended, or otherwise subject to the liabilities of that section, nor shall it be deemed incorporated by reference in any filing under the Securities Act of 1933, as amended, except as shall be expressly set forth in such a filing.

Item 9.01. Financial Statements and Exhibits.

(d) Exhibits

     
10.1
  First Amendment to the DTE Energy Company Executive Supplemental Retirement Plan (Amended and Restated Effective January 1, 2005) dated as of December 2, 2009.

 

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SIGNATURES

Pursuant to the requirements of the Securities Exchange Act of 1934, the registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized.

Date: December 8, 2009

DTE ENERGY COMPANY

(Registrant)

/s/ Larry E. Steward                              
Larry E. Steward
Vice President

 

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EXHIBIT INDEX

     
Exhibit    
Number   Description
10.1
  First Amendment to the DTE Energy Company Executive Supplemental Retirement Plan (Amended and Restated Effective January 1, 2005) dated as of December 2, 2009.

 

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EX-10.1 2 c93432exv10w1.htm EXHIBIT 10.1 Exhibit 10.1

Exhibit 10.1

First Amendment
to the
DTE Energy Company Executive Supplemental Retirement Plan

(Amended and Restated Effective January 1, 2005)

Recitals

A. DTE Energy Company (the “Company”) adopted the DTE Energy Company Executive Supplemental Retirement Plan (Amended and Restated Effective January 1, 2005) (the “Plan”) to enable the Company to attract and retain executives.

B. The Organization and Compensation Committee (the “Committee”) of the Company’s Board of Directors is authorized to amend the Plan.

C. By a resolution properly adopted on December 2, 2009, the Committee amended the Plan to provide for forfeiture of unpaid Plan benefits upon a participant’s violation of certain covenants.

Plan Amendment

Effective December 2, 2009, the DTE Energy Company Executive Supplemental Retirement Plan (Amended and Restated Effective January 1, 2005) is amended by adding new Section 7.04 as follows:

7.04 Forfeiture for Violation of Covenants.

(a) This Section 7.04 supersedes any conflicting provision of the Plan.

(b) This Section 7.04 applies to Compensation Credits and Discretionary Contributions, and related earnings and losses, credited to a Participant’s Account as of any date after December 31, 2009.

(c) This Section 7.04 applies to the portion of a Frozen MSBP Participant’s MSBP benefit or a Grandfathered MSBP Participant’s MSBP benefit (as computed under Section 5.01) in excess of the Participant’s MSBP benefit computed as if the Participant voluntarily terminated employment on December 31, 2009.

(d) Any amounts described in Section 7.04(b) or 7.04(c) that have not been distributed at the time a Participant or former Participant violates any covenant imposed on the Participant or former Participant under a Confidentiality and Non-Competition Agreement or a Confidentiality and Non-Solicitation Agreement (as determined under the Agreement’s terms) are immediately forfeited. For purposes of this Section 7.04(d), any annual installments or annuity payments that have not been paid to a Participant or former Participant are treated as not distributed and as forfeitable even if the Participant or former Participant has already received one or more annual installments or annuity payments at the time the Participant or former Participant violates a covenant described in this Section 7.04(d). The Participant or former Participant is required to repay to the Plan any amounts paid to the Participant or former Participant after the time the Participant or former Participant violated a covenant described in this Section 7.04(d).

First Amendment to January 1, 2005 Amended and Restated ESRP – Page 1 of 2

 

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DTE Energy Company has caused this First Amendment to be executed on the 2nd day of December, 2009.

DTE ENERGY COMPANY

By: /s/Larry E. Steward                             

Larry E. Steward
Vice President, Human Resources

First Amendment to January 1, 2005 Amended and Restated ESRP – Page 2 of 2

 

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