Cinergy Corp. Excess Pension Plan

Adopted by the Benefits Committee

of Cinergy Corp. on December 16, 2003





AMENDMENT TO THE

CINERGY CORP. EXCESS PENSION PLAN





The Cinergy Corp. Excess Pension Plan, as amended and restated effective as of January 1, 1998, and as amended from time to time (the "Plan"), is hereby amended effective for compensation received on or after January 1, 2004.



(1) Explanation of Amendment



The Plan is amended to provide that the benefits under the Plan shall be calculated with a cap on the amount of any bonus received on or after January 1, 2004 that will be included in eligible earnings for employees in the Cinergy Corp. Commercial Business Unit (formerly known as the Energy Merchant Business Unit).





(2) Amendment



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