AMENDMENT NUMBER TEN TO THE AMERICAN FEDERATION OF MUSICIANS AND EMPLOYERS’ PENSION PLAN (As Amended and Restated Effective as of January 1, 2002)

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Amendment No. 10

AMENDMENT NUMBER TEN TO THE AMERICAN FEDERATION OF MUSICIANS AND EMPLOYERS' PENSION PLAN_(As Amended and Restated Effective as of January 1, 2002)

WHEREAS, on February 20, 2002, the Board of Trustees (the "Board") of the American Federation of Musicians and Employers' Pension Fund adopted the American Federation of Musicians and Employers' Pension Plan, as amended and restated effective as of January 1, 2002 (the "Plan"); and

WHEREAS, pursuant to Article 9, Section 9.01 of the Plan, the Board reserves the right to amend the Plan at any time; and

WHEREAS, the Board now desires to amend the Plan to clarify the definition of pensionable earnings and to revise the procedures under which a participant may obtain a correction of the Fund's records relating to covered employment;

NOW, THEREFORE, the Plan is hereby amended as follows, effective as of the dates set forth below (additions are underlined; deletions are struck through):

1. Article 1 ("Definitions"), Section 1.11 ("Covered Earnings or Earnings") is hereby amended, effective as of January 1, 2002, to read as follows:

The terms "Covered Earnings" or "Earnings" shall mean the earnings, not in excess of scale wages, received by an Employee from an Employer for Covered Employment which serve as the basis for which Contributions are required to be paid to the Trust Fund. Notwithstanding the foregoing, "Covered Earnings" or "Earnings" shall include earnings credited to an Employee for a Period of Military Service to the extent required by law, and shall not include any payments made after or in connection with the Participant's termination of employment except for payments that are specifically set forth as pensionable wages under the terms of a collective bargaining agreement, or except to the extent required by law.

For purposes of determining benefit accruals, Covered Earnings or Earnings taken into account for any Employee for any calendar year shall not exceed $200,000, as adjusted in accordance with Section 401(a)(17) of the Code; provided, however, that this limitation shall not apply for purposes of Section 5.10 and shall otherwise apply separately with respect to each Employer from whom an Employee has Covered Earnings or Earnings.

2. Article 10 ("Administration"), Section 10.05 (Exclusive Procedure for Correcting Plan Records Relating to Covered Employment) is hereby amended, effective with respect to correction requests received on or after January 1, 2011, as follows:

(a) Subsections 10.05(d) and (e) are hereby deleted in their entirety and replaced with the following new Section 10.05(d):

The Fund will consider a request for correction of the Plan's records with respect to Covered Employment or Contributions only if the request is received by the Plan no later than three years after the end of the calendar year in which the Participant received wages for that Covered Employment. No request that is received more than three years after the end of the calendar year in which the Participant received wages for that Covered Employment will be considered or granted.

(b) Subsection 10.05(f) shall be amended to read as follows:

The Plan Administrator or its designee shall notify the Applicant of the decision on each such request for correction of records, following the procedures described in Section 10.04(b). The procedures described in Section 10.04(c), (d), (e) and (g) shall apply to any denial of such a request for correction of records in the same manner as those procedures apply to a denial of a benefit claim.

IN WITNESS WHEREOF, the Board has executed this Amendment on this 29th day of May, 2008.