8-K Feb 2013 Ducey Severance
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):  February 22, 2013
Diebold, Incorporated
 
(Exact name of registrant as specified in its charter)
 
 
 
 
 
 
 
 
 
 
Ohio
 
1-4879
 
34-0183970
 
 
 
 
 
(State or other jurisdiction
 
of incorporation)
 
(Commission
 
File Number)
 
(I.R.S. Employer
 
Identification No.)
 
 
 
 
 
5995 Mayfair Road, P.O. Box 3077,
 
North Canton, Ohio
 
 
 
44720-8077
 
 
 
 
 
(Address of principal executive offices)
 
 
 
(Zip Code)
Registrant's telephone number, including area code: (330) 490-4000
Not Applicable
 
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))
 
 
 
 
 



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

As previously announced, on January 23, 2013, the Board of Directors of Diebold, Incorporated (the “Company”) and Charles E. Ducey, Jr. agreed that Mr. Ducey would step down as Executive Vice President, North America Operations. On February 22, 2013, Mr. Ducey executed a general release of claims in favor of the Company, pursuant to which he and the Company acknowledged and agreed that Mr. Ducey is entitled to receive the severance benefits under the Company's Senior Leadership Severance Plan (the “Plan”) for a “Qualifying Termination” (as defined in the Plan) for a Tier II Executive (as defined in the Plan).



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.
 
 
 
 
 
 
                                           Diebold, Incorporated
 
 
 
February 28, 2013
By:  
/s/ Chad F. Hesse
 
 
 
Name:  
Chad F. Hesse
 
 
 
Title:  
Vice President, General Counsel and
Secretary