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):
October 11, 2007
PERRIGO COMPANY
(Exact name of registrant as specified in its charter)
MICHIGAN 0-19725 38-2799573
(State of other (Commission (IRS Employer
Jurisdiction of File Number) Identification
Incorporation) No.)
515 Eastern Avenue, Allegan, Michigan 49010
(Address of principal executive offices) (Zip Code)
Registrant's telephone number, including area code: (269) 673-8451
Not Applicable
(Former name or 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.
Pursuant to a delegation by the Board of Directors of Perrigo Company (the
"Company"), the Retirement Committee of the Company amended and restated the
Perrigo Company Nonqualified Deferred Compensation Plan ("Plan") on October 10,
2007 to add supplemental profit sharing and matching contributions to the Plan
and to make certain other changes necessary to comply with final regulations
under Section 409A of the Internal Revenue Code (the "Code"). A description of
the amendment to the Plan follows. The following description of the amendment to
the Plan is qualified in its entirety by reference to the text of the amended
and restated Plan, which is attached as Exhibit 10.1 hereto and incorporated
herein by reference.
The Plan has been amended, effective retroactively to January 1, 2007, to
provide annual profit-sharing contributions and matching contributions that
cannot be provided under the Perrigo Company Profit-Sharing and Investment Plan
(the "Qualified Plan") because of the limitations of Sections 415 and 401(a)(17)
of the Code. Code Section 415 limits annual additions to a participant's account
under the Qualified Plan to a specified dollar amount, currently $45,000 (or
$50,000 for certain employees who are at least age 50). Code Section 401(a)(17)
limits total compensation that can be considered as the basis for a contribution
under the Qualified Plan to a specified dollar amount, currently $225,000. For
Plan years beginning January 1, 2007 and after, the amendment will provide
affected employees with the profit sharing contributions and matching
contributions they would have been eligible for under the Qualified Plan but for
the limitations under the Code.
ITEM 9.01 Exhibits
Exhibit 10.1 Perrigo Company Nonqualified Deferred Compensation Plan (as
amended and restated October 10, 2007, effective January 1,
2007).
SIGNATURES
Pursuant to the requirement 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.
PERRIGO COMPANY
(Registrant)
By: /s/ Todd W. Kingma
------------------------------------
Dated: October 11, 2007 Todd W. Kingma
Executive Vice President, Secretary
and General Counsel
S-1
EXHIBIT INDEX
Exhibit 10.1 Perrigo Company Nonqualified Deferred Compensation Plan (as
amended and restated October 10, 2007, effective January 1,
2007).
E-1