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) August 12, 2015

 

 

MYERS INDUSTRIES, INC.

(Exact name of registrant as specified in its charter)

 

 

 

Ohio   1-8524   34-0778636

(State or other jurisdiction

of incorporation)

 

(Commission

File Number)

 

(IRS Employer

Identification Number)

 

1293 South Main Street, Akron, OH   44301
(Address of Principal Executive Offices)   (Zip Code)

Registrant’s Telephone Number, including area code  (330) 253-5592

 

(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.

 

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

 

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

 

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

 

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

 

 

 

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

On August 12, 2015, Myers Industries, Inc. (the “Company”) executed an amendment (the “Amendment”) to its Executive Supplemental Retirement Plan (the “SERP”). The Amendment revises the rate that is used to calculate the present value of a lump sum payable under the SERP to a rate determined by reference to the applicable segment spot rates under Section 417(e) of the Internal Revenue Code as of the participant’s retirement date or date of other separation from service.

The foregoing description of the Amendment does not purport to be complete and is qualified in its entirety by reference to the full text of the Amendment attached to this Form 8-K as Exhibit 10.1 and incorporated herein by reference.

 

Item 9.01 . Financial Statements and Exhibits .

(d) Exhibits

 

10.1    Amendment to the Myers Industries, Inc. Executive Supplemental Retirement Plan, effective August 12, 2015.

SIGNATURE

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.

 

       

    Myers Industries, Inc.        

        (Registrant)
DATE  

August 14, 2015

    By:  

/s/ Greggory W. Branning

        Greggory W. Branning
        Senior Vice President, Chief Financial Officer and Corporate Secretary

Exhibit 10.1

AMENDMENT TO THE

MYERS INDUSTRIES, INC.

EXECUTIVE SUPPLEMENTAL RETIREMENT PLAN

WHEREAS, Myers Industries, Inc. (the “Employer”) established the Myers Industries, Inc. Executive Supplemental Retirement Plan (the “Plan”), effective January 1, 1997;

WHEREAS, pursuant to Section 10.7 of the Plan, the Employer may amend or modify any provision of the Plan, provided that no such action shall reduce the benefits or rights of any Participant or his Beneficiary accrued prior to the date of any such amendment; and

WHEREAS, the Employer desires to amend the Plan with respect to the reference to the interest rate used for purposes of calculating an Actuarial Equivalent form of benefit.

NOW, THEREFORE, the Plan is hereby amended effective August 12, 2015 as follows:

Section 2.1 of the Plan shall be amended in its entirety to read as follows:

“Section 2.1 The term “Actuarial Equivalent” shall mean a benefit of equivalent value when computed using a per annum interest rate as determined by reference to the applicable segment spot rates under Section 417(e) of the Internal Revenue Code as of the Participant’s Retirement Date or date of other separation from service.”

All other provisions of the Plan are unchanged and shall continue in full force and effect.

IN WITNESS WHEREOF, this Amendment has been duly adopted and executed as of this 12 day of August, 2015.

 

“EMPLOYER”

MYERS INDUSTRIES, INC.

/s/ Greggory W. Branning

By:   Greggory W. Branning
Senior Vice President, Chief Financial Officer and Corporate Secretary