SECURITIES AND EXCHANGE COMMISSION
WASHINGTON, D.C. 20549
Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934
|Date of Report (Date of Earliest Event Reported):||December 9, 2004|
PEABODY ENERGY CORPORATION
(Exact name of registrant as specified in its charter)
(State or other jurisdiction
|of incorporation)||File Number)||Identification No.)|
|701 Market Street, St. Louis, Missouri||63101|
(Address of principal executive offices)
|Registrants telephone number, including area code:||(314) 342-3400|
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 1.01. Entry into a Material Definitive Agreement.
On December 9, 2004, the Peabody Energy Board of Directors approved an amendment to the Peabody Energy Corporation Deferred Compensation Plan ("the Plan").
The Plan was amended as a result of new tax legislation (the American Job Creation Act of 2004) to no longer allow employees to begin participation in the Plan and to no longer allow new deferral elections to be made under the Plan on or after the effective date of Section 409A of the Internal Revenue Code (December 31, 2004).
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.
|PEABODY ENERGY CORPORATION|
|December 14, 2004||By:||
Richard A. Navarre
|Name: Richard A. Navarre|
|Title: Executive Vice President and Chief Financial Officer|