Individual 401 (K) Basic Plan Document: Connect With Vanguard 800-337-6241 1
Individual 401 (K) Basic Plan Document: Connect With Vanguard 800-337-6241 1
DEFINITIONS
When used in the Plan with initial capital letters, the following words and phrases will have the meanings set forth below unless the context indicates
that other meanings are intended.
ADOPTING EMPLOYER
Means any corporation, sole proprietor, or other entity named in the Adoption Agreement and any successor who by merger, consolidation, purchase, or
otherwise assumes the obligations of the Plan. The Adopting Employer will be a named fiduciary for purposes of ERISA section 402(a).
ADOPTION AGREEMENT
Means the document executed by the Adopting Employer through which it adopts the Plan and thereby agrees to be bound by all terms and
conditions of the Plan.
ALTERNATE PAYEE
Means any Spouse, former Spouse, child, or other dependent of a Participant who is recognized by a Domestic Relations Order as having a right to
receive all, or a portion of, the benefits payable under the Plan with respect to such Participant.
ANNUAL ADDITIONS
Means the sum of the following amounts credited to a Participant for the Limitation Year:
a. Employer Contributions;
c. amounts allocated to an individual medical account, as defined in Code section 415(l)(2), that is part of a pension or annuity plan maintained by
the Employer, and amounts derived from contributions paid or accrued that are attributable to post-retirement medical benefits, allocated to
the separate account of a key employee (as defined in Code section 419A(d)(3)), under a welfare benefit fund (as defined in Code section
419(e)), maintained by the Employer;
BENEFICIARY
Means the individual(s) or entity(ies) designated pursuant to Plan Section Five.
CATCH-UP CONTRIBUTIONS
Means Elective Deferrals made pursuant to Plan Section Three that are in excess of an otherwise applicable Plan limit and that are made by
Participants who are age 50 or older by the end of their taxable year. An otherwise applicable Plan limit is a limit in the Plan that applies to Elective
Deferrals without regard to Catch-up Contributions, such as the limits on Annual Additions, the dollar limitation on Elective Deferrals under Code
section 402(g) (not counting Catch-up Contributions), the limit imposed by the Actual Deferral Percentage (ADP) test under Code section 401(k)(3),
or any other allowable limit imposed by the Employer. Catch-up Contributions for a Participant for a taxable year may not exceed (1) the dollar limit
on Catch-up Contributions under Code section 414(v)(2)(B)(i) for the taxable year or (2) when added to other Elective Deferrals, an amount that
would enable the Employer to satisfy other statutory or regulatory requirements (e.g., income tax withholding, FICA and FUTA withholding). The
dollar limit on Catch-up Contributions in Code section 414(v)(2)(B)(i) was $5,500 for taxable years beginning in 2012. The $5,500 limit is adjusted by
the Secretary of the Treasury, in multiples of $500, for cost-of-living increases under Code section 414(v)(2)(C).
COMPENSATION
The following definition of Compensation will apply.
W-2 wages. Compensation is defined as information required to be reported under Code sections 6041, 6051, and 6052 (wages, tips, and other
compensation as reported on Form W-2). Compensation is further defined as wages within the meaning of Code section 3401(a) and all other
payments of compensation to an Employee by the Employer (in the yer is
required to furnish the Employee a written statement under Code sections 6041(d), 6051(a)(3), and 6052. Compensation must be determined
without regard to any rules in Code section 3401(a) that limit the remuneration included in wages based on the nature or location of the
employment or the services performed (such as the exception for agricultural labor in Code section 3401(a)(2)).
For any Self-Employed Individual covered under the Plan, Compensation will mean Earned Income.
Where an Employee becomes an eligible Participant on any date subsequent to the first day of the
applicable Determination Period, Compensation shall include that Compensation paid to the Employee during the entire Determination Period,
unless otherwise required by either the Code or ERISA. Compensation received by an Employee during a Determination Period in which the
Employee does not perform services for the Employer will be disregarded.
Compensation will include any amount that is contributed by the Employer pursuant to a salary reduction agreement and that is not includible
in the gross income of the Employee under Code sections 125, 132(f)(4), 402(e)(3), 402(h)(1)(B), or 403(b).
For purposes of applying the limitations of Plan Section 3.05, Compensation for a Limitation Year is the Compensation actually paid or made available
in gross income during such Limitation Year. Compensation paid or made available during such Limitation Year will include any elective deferral (as
defined in Code section 402(g)(3)) and any amount that is contributed or deferred by the Employer at the election of the Employee and that is not
includible in the gross income of the Employee by reason of Code sections 125, 132(f), or 457.
Payments made after Severance from Employment will be included in Compensation within the meaning of Compensation as described in Part
A of the definition of Compensation in they meet the following requirements:
1. Payments described in paragraphs (2), (3), or (4) below will be included in the definition of Compensation (within the meaning of
Compensation as described in Part A of this definition of Compensation) provided such payments meet the following requirements:
a. Those amounts are paid by the later of 1) 2½ months after Severance from Employment with the Employer maintaining the Plan or 2)
the end of the Limitation Year that includes the date of Severance from Employment with the Employer maintaining the Plan; and
b. The payment would have been paid to the Employee prior to a Severance from Employment if the Employee had continued in
employment with the Employer.
a. The payment is for unused accrued bona fide sick, vacation, or other leave, but only if the Employee would have been able to use the
leave if employment had continued.
a. The payment is an amount received by an Employee pursuant to a nonqualified unfunded deferred compensation plan, but only if the
payment would have been paid to the Employee at the same time if the Employee had continued in employment with the Employer
and only to the extent that the payment is
5. Other post-severance payments. Any payment that is not described in paragraph (2), (3), or (4) above is not considered Compensation under
paragraph (1) above if paid after Severance from Employment with the Employer maintaining the Plan, even if it is paid within the time period
described in paragraph (1) above. Thus, Compensation does not include severance pay, or parachute payments within the meaning of Code
section 280G(b)(2), if they are paid after Severance from Employment with the Employer maintaining the Plan, and does not include post-
severance payments under a nonqualified unfunded deferred compensation plan unless the payments would have been paid at that time
without regard to the Severance from Employment. Any payments not described above are not considered Compensation if paid after
Severance from Employment, even if they are paid within 2½ months following Severance from Employment.
Compensation for purposes of ADP and Code section 401(a)(4) testing will
generally be W-2 wages unless another definition is required by law or regulation. Notwithstanding the preceding, a Plan Administrator has the
option from year to year to use a different definition of Compensation for testing purposes provided the definition of Compensation satisfies Code
section 414(s) and the corresponding regulations.
If a Determination Period consists of fewer than 12 months, the annual Compensation limit is an amount equal to the otherwise applicable
annual Compensation limit multiplied by a fraction, the numerator of which is the number of months in the short Determination Period, and the
denominator of which is 12.
If Compensation for any prior Determination Period is taken into or the current
Determination Period, the Compensation for such prior Determination Period is subject to the applicable annual Compensation limit in effect
for that prior period.
Notwithstanding anything in the Plan to the contrary, a Participant may only make Elective Deferrals from Compensation
within the meaning of Compensation as described in Part A of this definition of Compensation.
Notwithstanding anything in this Plan to the contrary, if the Employer chooses to provide Differential Wage
Payments to individuals who are active duty members of the uniformed services, such individuals will be treated as Employees of the Employer
making the Differential Wage Payment and the Differential Wage Payment will be treated as Compensation for purposes of applying the Code.
Accordingly, Differential Wage Payments must be treated as Compensation as described in Part A of this definition of Compensation.
Differential Wage Payments will also be treated as Compensation for contribution, allocation, and other general Plan purposes, unless excluded
on the Adoption Agreement. In addition, the Plan will not be treated as failing to meet the
requirements of any provision described in Code section 414(u)(1)(C) by reason of any contribution or benefit that is based on Differential Wage
Payments only if all Employees of the Employer (as determined under Code sections 414(b), (c), (m), and (o)) performing service in the
uniformed services described in Code section 3401(h)(2)(A) are entitled to receive Differential Wage Payments on reasonably equivalent terms
and, if eligible to participate in the Plan, to make contributions based on the payments on reasonably equivalent terms applying the provisions
of Code section 410(b)(3), (4), and (5). Such contributions or benefits may be taken into account for purposes of nondiscrimination testing as
long as they do not cause the Plan to fail the nondiscrimination requirements.
CONTRIBUTING PARTICIPANT
Means a Participant who has enrolled as a Contributing Participant pursuant to Plan Section 3.01 or 3.05 and on whose behalf the Employer is
contributing Elective Deferrals to the Plan.
CUSTODIAN
Means an entity appointed in a separate custodial agreement by the Adopting Employer to hold the assets of the trust as Custodian. In the event of
any conflict between the terms of the Plan and the terms of the custodial agreement, the terms of the Plan will control.
DESIGNATED BENEFICIARY
Means the individual who is designated by
the Plan and who is the designated beneficiary under Code section 401(a)(9) and Treasury Regulation section 1.401(a)(9)-4.
DETERMINATION DATE
Means for any Plan Year after the first Plan Year, the last day of the preceding Plan Year. For the first Plan Year of the Plan, Determination Date
means the last day of that year.
DETERMINATION PERIOD
Means, except as provided elsewhere in this Plan, the Plan Year.
DIRECT ROLLOVER
Means a payment by the Plan to the Eligible Retirement Plan specified by the Recipient (or, if necessary pursuant to Plan Section 5.01(B)(1), an
individual retirement account (IRA) under Code sections 408(a), 408(b), or 408A (for Roth Elective Deferrals).
DISABILITY
Unless otherwise provided in the Plan, Disability means the inability to engage in any substantial, gainful activity by reason of any medically
determinable physical or mental impairment that can be expected to result in death or that has lasted or can be expected to last for a continuous
period of not less than 12 months. The permanence and degree of such impairment will be supported by medical evidence satisfactory to the Plan
Administrator.
a. relates to the provision of child support, alimony payments, or marital property rights to a Spouse, former Spouse, child, or other dependent of
a Participant, and
b. is made pursuant to state domestic relations law (including applicable community property laws).
DOL
Means Department of Labor.
EARNED INCOME
Means the net earnings from self-employment in the trade or business with respect to which the Plan is established, for which personal services of
the individual are a material income-producing factor. Net earnings will be determined without regard to items not included in gross income and the
deductions allocable to such items. Net earnings are reduced by contributions by the Employer to a qualified plan to the extent deductible under
Code section 404.
Net earnings will be determined with regard to the deduction allowed to the Employer by Code section 164(f).
For purposes of applying the limitations of Code section 415, in the case of an Employee who is an Employee within the meaning of Code section
401(c)(1) and regulations promulgated under Co income (as described in Code section 401(c)(2) and
regulations promulgated under Code section 401(c)(2)), will include amounts deferred at the election of the Employee that would be includible in
gross income but for the rules of Code sections 402(e)(3), 402(h)(1)(B), 402(k), or 457(b).
EFFECTIVE DATE
Means the date the Plan (or amendment or restatement of the Plan) becomes effective as indicated in the Adoption Agreement. Notwithstanding the
preceding, unless otherwise provided in this Basic Plan Document, the Effective Date of mandatory Plan changes made available by legislative and
regulatory guidance not previously included in the Plan will be the later of the original Effective Date of the Plan or the first day the legislative or
regulatory change became effective, as indicated by a Plan amendment if a written amendment was required for such change. For optional changes
resulting from the American Taxpayer Relief Act of 2012 and other legislative and regulatory guidance, the Effective Date will be the date the Plan
began to operate in accordance with such optional change, as indicated by a Plan amendment if a written amendment was required for such change.
ELECTION PERIOD
Means the period that begins on the first day of the Plan Year in which the Participant attains age 35 and ends on the date of
If a Participant separates from service before the first day of the Plan Year in which age 35 is attained, with respect to the account balance as of the
date of separation, the Election Period will begin on the date of separation.
ELECTIVE DEFERRALS
Means any Employer Contributions made either as a Pre-Tax Elective Deferral or as a Roth Elective Deferral to the Plan at the election of the
Participant or pursuant to automatic Elective Deferral enrollment, in lieu of cash compensation, and will include contributions made pursuant to a
salary reduction agreement. With respect to any taxable year, a Particip the sum of all Employer contributions made on
behalf of such Participant pursuant to an election to defer under any qualified cash or deferred arrangement as described in Code section 401(k), any
simplified employee pension plan cash or deferred arrangement as described in Code section 408(k)(6), any SIMPLE IRA Plan described in Code
section 408(p), any plan as described under Code section 501(c)(18), or any Employer contributions made on the behalf of a Participant for the
purchase of an annuity contract under Code section 403(b) pursuant to a salary reduction agreement. Elective Deferrals will not include any deferrals
properly distributed as Excess Annual Additions.
No Participant will be permitted to have Elective Deferrals made under this Plan, or any other qualified plan maintained by the Employer, during any
taxable year of the Participant, in excess of the dollar limitation contained in Code section 402(g) in effect at the beginning of such taxable year. In
the case of a Participant age 50 or over by the end of the taxable year, the dollar limitation described in the preceding sentence is increased by the
amount of Elective Deferrals that can be Catch-up Contributions. The dollar limitation contained in Code section 402(g) was $17,000 for taxable years
beginning in 2012. This limit is adjusted by the Secretary of the Treasury, in multiples of $500, for cost-of-living increases under Code section
402(g)(4).
If the Plan permits Roth Elective Deferrals, Elective Deferrals will be characterized as Pre-Tax Elective Deferrals, unless otherwise designated by a
Contributing Participant.
ELIGIBLE PARTICIPANT
Means any Employee who is eligible to make an Elective Deferral (if the Employer takes such contributions into account in the calculation of the
Contribution Percentages).
If any portion of an Eligible Rollover Distribution is attributable to payments or distributions from a designated Roth account, an Eligible Retirement
Plan with respect to such portion will include only another designated Roth account of the individual from whose account the payments or
distributions were made, or a Roth IRA of such individual.
a. any distribution that is one of a series of substantially equal periodic payments (paid at least annually) made for the life (or Life Expectancy) of
the Recipient or the joint lives (or joint life expectancies) of or a specified period of
ten years or more;
b. any distribution to the extent such distribution is required under Code section 401(a)(9) and the corresponding regulations;
c. the portion of any other distribution that is not includible in gross income (determined without regard to the exclusion for net unrealized
appreciation with respect to employer securities);
e. any other distribution(s) that is reasonably expected to total less than $200 during a year.
For distributions made after December 31, 2001, a portion of a distribution will not fail to be an Eligible Rollover Distribution merely because the
portion consists of after-tax employee contributions that are not includible in gross income. However, such portion may be transferred only to an
individual retirement account or annuity described in Code section 408(a) or (b), or a Roth individual retirement account or annuity described in
Code Section 408A (a Roth IRA), a SIMPLE IRA described in Code section 408(p), or to a qualified defined contribution plan described in Code section
401(a), 403(a), or 403(b) that agrees to separately account for amounts so transferred, including separately accounting for the portion of such
distribution that is includible in gross income and the portion of such distribution that is not so includible.
EMPLOYEE
Means any person employed by an Employer maintaining the Plan or by any other employer required to be aggregated with such Employer under
Code sections 414(b), (c), (m), or (o).
The term Employee will also include any Leased Employee deemed to be an Employee of any Employer described in the previous paragraph as
provided in Code sections 414(n) or (o).
EMPLOYER
Means the Adopting Employer and all Related Employers of the Adopting Employer. A partnership is considered to be the Employer of each of the
partners and a sole proprietorship is considered to be the Employer of a sole proprietor.
EMPLOYER CONTRIBUTION
Means the amount contributed by the Employer each year as determined under this Plan. The term Employer Contribution will include Elective
Deferrals made to the Plan unless such contributions are intended to be excluded for purposes of either the Plan or any act under the Code, ERISA,
or any additional rules, regulations, or other pronouncements promulgated by either the IRS or DOL.
ERISA
Means the Employee Retirement Income Security Act of 1974 as amended from time to time.
EXCESS CONTRIBUTIONS
Means, with respect to any Plan Year, the excess of
a. the aggregate amount of Employer Contributions actually taken into account in computing the ADP of Highly Compensated Employees for such
Plan Year, over
b. the maximum amount of such contributions permitted by the ADP test (determined by hypothetically reducing contributions made on behalf of
Highly Compensated Employees in order of the ADPs, beginning with the highest of such percentages).
FIDUCIARY
Means a person who exercises any discretionary authority or control with respect to management of the Plan, renders investment advice as defined
in ERISA section 3(21), or has any discretionary authority or responsibility regarding the administration of the Plan. The Employer and such other
individuals either appointed by the Employer or deemed to be fiduciaries as a result of their actions shall serve as Fiduciaries under this Plan and
fulfill the fiduciary responsibilities described in Part 4, Title I of ERISA including discharging their duties with respect to the Plan solely in the interest
of the Participants and Beneficiaries and with the care, skill, prudence, and diligence under the circumstances then prevailing that a prudent man
acting in a like capacity and familiar with such matters would use in the conduct of an enterprise of a like character and with like aims.
FUND
Means the Plan assets held by the Trustee (or Custodian,
For this purpose the applicable year of the Plan for which a determination is being made is called a determination year and the preceding 12-month
period is called a look-back year.
A highly compensated former employee is based on the rules applicable to determining Highly Compensated Employee status as in effect for that
determination year, in accordance with Treasury Regulation section 1.414(q)-1T, A-4, Notice 97-45 and any subsequent guidance issued by the IRS.
The determination of who is a Highly Compensated Employee, including but not limited to the determinations of the number and identity of
Employees in the top-paid group and the Compensation that is considered, will be made in accordance with Code section 414(q) and the
corresponding regulations. Adoption Agreement elections to include or exclude items from Compensation that are inconsistent with Code section
414(q) will be disregarded for purposes of determining who is a Highly Compensated Employee.
HOURS OF SERVICE
Means
1. Each hour for which an Employee is paid, or entitled to payment, for the performance of duties for the Employer. These hours will be credited to
the Employee for the computation period in which the duties are performed
2. Each hour for which an Employee is paid, or entitled to payment, by the Employer on account of a period of time during which no duties are
performed (irrespective of whether the employment relationship has terminated) due to vacation, holiday, illness, incapacity (including
Disability), layoff, jury duty, military duty, or leave of absence. No more than 501 Hours of Service will be credited under this paragraph for any
single continuous period (whether or not such period occurs in a single computation period). Hours under this paragraph will be calculated and
credited pursuant to Labor Regulation Section 2530.200b-2, that is incorporated herein by this reference.
4. Solely for purposes of determining whether a Break in Eligibility Service has occurred in a computation period, an individual who is absent from
work for maternity or paternity reasons will receive credit for the Hours of Service that would otherwise have been credited to such individual but
for such absence, or in any case in which such hours cannot be determined, eight Hours of Service per day of such absence. For purposes of this
paragraph, an absence from work for maternity or paternity reasons means an absence 1) by reason of the pregnancy of the individual, 2) by reason
of a birth of a child of the individual, 3) by reason of the placement of a child with the individual in connection with the adoption of such child by
such individual, or 4) for purposes of caring for such child for a period beginning immediately following such birth or placement. The Hours of
Service credited under this paragraph will be credited 1) in the Eligibility Computation Period or Plan Year in which the absence begins if the
crediting is necessary to prevent a Break in Eligibility Service in the applicable period, or 2) in all other cases, in the following Eligibility Computation
Period or Plan Year.
5. Hours of Service will be credited for employment with other members of an affiliated service group (under Code section 414(m)), a controlled
group of corporations (under Code section 414(b)), or a group of trades or businesses under common control (under Code section 414(c)) of
which the Adopting Employer is a member, and any other entity required to be aggregated with the Employer pursuant to Code section 414(o)
and the corresponding regulations.
Hours of Service will also be credited for any individual considered an Employee for purposes of this Plan under Code sections 414(n) or 414(o)
and the corresponding regulations.
6. Where the Employer maintains the plan of a predecessor employer, service for such predecessor employer will be treated as service for the
Employer. If the Employer does not maintain the plan of a predecessor employer, service for such predecessor employer will not be treated as
service for the Employer.
INDIRECT ROLLOVER
Means a rollover contribution received by this Plan from an Employee that previously received a distribution from this Plan or another plan rather
than having such amount directly rolled over to this Plan from the distributing plan.
INDIVIDUAL ACCOUNT
Means the account established and maintained under this Plan for each Participant in accordance with Plan Section 7.02(A).
INVESTMENT FIDUCIARY
Means the Employer, a Trustee with full trust powers, any individual Trustee(s), or any investment manager, as applicable, that under the terms of the
Plan is vested with the responsibility and authority to select investment options for the Plan and to direct the investment of the assets of the Fund. In
no event will a Custodian or a Trustee who does not have the authority or discretion to select the appropriate investments for the Fund be an
Investment Fiduciary for any purpose whatsoever.
INVESTMENT FUND
Means a subdivision of the Fund established pursuant to Plan Section 7.01(B).
IRS
Means Internal Revenue Service.
KEY EMPLOYEE
Means, for Plan Years beginning after December 31, 2001, any Employee or former Employee (including any deceased Employee) who at any time during
the Plan Year that includes the Determination Date is an officer of the Employer and whose annual compensation is greater than $130,000 (as adjusted
under Code section 416(i)(1) for Plan Years beginning after December 31, 2002), a five-percent owner of the Employer, or a one-percent owner of the
Employer who has annual compensation of more than $150,000. For Plan Years beginning on or after January 1, 2001, Compensation will also include
elective amounts that are not includible in the gross income of the Employee by reason of Code section 132(f)(4).
In determining whether a plan is top-heavy for Plan Years beginning before January 1, 2002, Key Employee means any Employee or former Employee
(including any deceased Employee) who at any time during the five-year period ending on the Determination Date, is an officer of the Employer
having annual compensation that exceeds 50 percent of the dollar limitation under Code section 415(b)(1)(A), an owner (or considered an owner
under Code section 318) of one of the ten largest interests in the Employer if such sation exceeds 100 percent of the dollar
limitation under Code section 415(c)(1)(A), a five-percent owner of the Employer, or a one-percent owner of the Employer who has annual
compensation of more than $150,000. Annual compensation means compensation as defined in Part A of the definition of Compensation in this
Definition section, but including amounts contributed by the Employer pursuant to a salary reduction agreement that are excludable from the
)(B) or 403(b). The determination period is the Plan Year containing the
Determination Date and the four preceding Plan Years.
The determination of who is a Key Employee will be made in accordance with Code section 416(i)(1) and the corresponding regulations.
A Leased Employee will not be considered an Employee of the recipient if 1) such Leased Employee is covered by a money purchase pension plan
providing a) a nonintegrated employer contribution rate of at least ten-percent of compensation, as defined in Part A of the definition of
Compensation in this Definition section, but including amounts contributed pursuant to a salary reduction agreement, that are excludable from the
sections 125, 402(e)(3), 402(h)(1)(B), or 403(b), b) immediate participation, and c) full and immediate
vesting; and 2) Leased Employees do not constitute more than force.
LIFE EXPECTANCY
Means life expectancy as computed by using the Single Life Table in Treasury Regulation section 1.401(a)(9)-9, Q&A 1.
LIMITATION YEAR
Means the Plan Year.
If a Plan is terminated effective as of a Limitation Year, the Plan is treated as if the Plan was amended to
change its Limitation Year. As a result of this deemed amendment, the Code section 415(c)(1)(A) dollar limit must be prorated under the short
Limitation Year rules.
For Limitation Years beginning before January 1, 2002, the Maximum Permissible Amount will not exceed the lesser of
For Limitation Years beginning on or after January 1, 2002, except for Catch-up Contributions, the Maximum Permissible Amount will not exceed the
lesser of
The compensation limitation referred to in (b) will not apply to any contribution for medical benefits after separation from service (within the
meaning of Code section 401(h) or 419A(f)(2)) that is otherwise treated as an Annual Addition.
If a short Limitation Year is created because of an amendment changing the Limitation Year to a different 12-consecutive month period, the
Maximum Permissible Amount will not exceed the Defined Contribution Dollar Limitation multiplied by the following fraction:
OWNER-EMPLOYEE
Means an individual who is a sole proprietor, or who is a partner owning more than ten-percent of either the capital or the profits interest of the
partnership.
PARTICIPANT
Means any Employee or former Employee of the Employer who has me , and who is or
may become eligible to receive a benefit of any type from this Plan or whose Beneficiary may be eligible to receive any such benefit.
vidual Account as of the last Valuation Date in the calendar year immediately preceding the Distribution Calendar Year
(valuation calendar year) increa nt as of dates in the
valuation calendar year after the Valuation Date and decreased by distributions made in the valuation calendar year after the Valuation Date and the
value of any Qualifying Longevity Annuity Contract. The Participan lendar year includes any amounts rolled over or
transferred to the Plan either in the valuation calendar year or in the Distribution Calendar Year if distributed or transferred in the valuation calendar
year.
PLAN ADMINISTRATOR
The Adopting Employer shall be the Plan Administrator and shall be bonded as may be required by law. The term Plan Administrator shall include any
person authorized to perform the duties of the Plan Administrator and properly identified to the Trustee or Custodian as such. The Pre-approved
Document Provider will in no case be designated as the Plan Administrator. The Plan Administrator will be a named Fiduciary of the Plan for purposes of
ERISA section 402(a), and the Plan Administrator must ensure that the authority over the portion of the Fund subject to the trust requirements of ERISA
section 403(a) is assigned to a Trustee (subject to the proper and lawful directions of the Plan Administrator), or an investment manager.
PLAN YEAR
PRE-AGE 35 WAIVER
A Participant who will not yet attain age 35 as of the end of any current Plan Year may make a special Qualified Election to waive the Qualified
Preretirement Survivor Annuity for the period beginning on the date of such election and ending on the first day of the Plan Year in which the
Participant will attain age 35. Such election will not be valid unless the Participant receives an explanation of the Qualified Preretirement Survivor
Annuity in such terms as are comparable to the explanation required in Plan Section 5.10(D)(1). Qualified Preretirement Survivor Annuity coverage
will be automatically reinstated as of the first day of the Plan Year in which the Participant attains age 35. Any new waiver on or after such date will
be subject to the full requirements of Plan Section 5.10.
PRE-APPROVED PLAN
Means a plan, the form of which is the subject of a favorable opinion letter from the IRS.
PRESENT VALUE
For purposes of establishing the Present Value of benefits under a defined benefit plan to compute the top-heavy ratio, any benefit will be
discounted only for mortality and interest based on the interest rate and mortality table specified for this purpose in the defined benefit plan.
PRIMARY BENEFICIARY
Means an individual named as a Beneficiary under the Plan who has an unconditional right to all or a port Individual Account
a. the Participant will continue employment until Normal Retirement Age under the Plan (or current age, if later), and
and all other relevant factors used to determine benefits under the Plan will
remain constant for all future Limitation Years.
2. with respect to which the requirements described in the remainder of this section are met.
1. the name and last known mailing address (if any) of the Participant and the name and mailing address of each Alternate Payee covered by
the order,
2. the amount or percentage of the Particip each such Alternate Payee, or the manner in which such
amount or percentage is to be determined,
In addition to paragraph (B) above, a Domestic Relations Order will be considered a Qualified Domestic Relations
Order only if such order
1. does not require the Plan to provide any type or form of benefit, or any option not otherwise provided under the Plan,
3. does not require benefit to an Alternate Payee that are required to be paid to another Alternate Payee under another order previously
determined to be a Qualified Domestic Relations Order.
A Domestic Relations Order will not be treated as failing to meet the requirements above solely because
such order requires that payment of benefits be made to an Alternate Payee
1. on or after the date on which the Participant attains (or would have attained) the earliest retirement age as defined in Code section
414(p)(4)(B),
2. as if the Participant had retired on the date on which such payment is to begin under such order, and
3. in any form in which such benefits may be paid under the Plan to the Participant (other than in a Qualified Joint and Survivor Annuity) with
respect to the Alternate Payee and their subsequent spouse.
QUALIFIED ELECTION
Means a waiver of a Qualified Joint and Survivor Annuity or a Qualified Preretirement Survivor Annuity. Any waiver of a Qualified Joint and Survivor
Annuity or a Qualified Preretirement Survivor Annuity will not be election (either in writing
or in any other form permitted under rules promulgated by the IRS and DOL), 2) the election designates a specific Beneficiary, including any class of
beneficiaries or any contingent beneficiaries, that may not be changed without spousal consent (or the Spouse expressly permits designations by the
consent acknowledges the effect of the election, and d) the S
witnessed by a Plan representative or notary public. Additional nnuity will not be
effective unless the election designates a form of benefit payment that may not be changed without spousal consent (or the Spouse expressly
permits designations by the Participant without any further spousal consent). If it is established to the satisfaction of a Plan representative that there
is no Spouse or that the Spouse cannot be located, a waiver by the Participant will be deemed a Qualified Election. In addition, if the Spouse is legally
the guardian is the Participant, may give consent. If the Participant is legally
separated or the Participant has been abandoned (within the meaning of local law) and the Participant has a court order to such effect, spousal
consent is not required unless a Qualified Domestic Relations Order provides otherwise.
Any consent by a Spouse obtained under this provision (or establishment that the consent of a Spouse may not be obtained) will be effective only
with respect to such Spouse. A consent that permits designations by the Participant without any requirement of further consent by such Spouse must
acknowledge that the Spouse has the right to limit consent to a specific Beneficiary, and a specific form of benefit where applicable, and that the
Spouse voluntarily elects to relinquish either or both of such rights. A revocation of a prior waiver may be made by a Participant without the consent
of the Spouse at any time before the commencement of benefits. The number of revocations will not be limited. No consent obtained under this
provision will be valid unless the Participant has received notice as provided in Plan Section 5.10(D).
QUALIFYING PARTICIPANT
A Participant is a Qualifying Participant and is entitled to share in the Employer Contribution for any Plan Year if the Participant was a Participant on
at least one day during the Plan Year and either completes more than 500 Hours of Service during the Plan Year or is employed on the last day of the
Plan Year. The determination of whether a Participant is entitled to share in the Employer Contribution will be made as of the last day of each Plan
Year.
RECIPIENT
Means an Employee or former Employee. In ormer
er a Qualified Domestic Relations Order, as defined in Code section 414(p), are
Recipients with regard to the interest of the Spouse or former Spouse.
RELATED EMPLOYER
Means an employer who, along with another employer, is a member of 1) a controlled group of corporations (as defined in Code section 414(b) as
modified by Code section 415(h)), 2) a commonly controlled trade or business (as defined in Code section 414(c) as modified by Code section 415(h))
or 3) an affiliated service group (as defined in Code section 414(m) (and any other entity required to be aggregated with another employer pursuant
to Treasury regulations under Code section 414(o)).
A Participant is treated as a five-percent owner for purposes of this section if such Participant is a five-percent owner as defined in Code section 416
at any time during the Plan Year ending with or within the calendar year in which such owner attains age 70½.
Once distributions have begun to a five-percent owner under this section, they must continue to be distributed, even if the Participant ceases to be a
five-percent owner in a subsequent year.
SELF-EMPLOYED INDIVIDUAL
Means an individual who has Earned Income for the taxable year from the trade or business for which the Plan is established, including an individual
who would have had Earned Income but for the fact that the trade or business had no net profits for the taxable year.
SEPARATE FUND
Means a subdivision of the Fund held in the name of a particular Participant or Beneficiary representing certain assets held for that Participant or
Fund are those assets earmarked for the Participant and also those assets subject to the
SPOUSE
Means the Spouse or surviving Spouse of the Participant, provided that a former Spouse will be treated as the Spouse or surviving Spouse and a
current Spouse will not be treated as the Spouse or surviving Spouse to the extent provided under a Qualified Domestic Relations Order.
TERMINATION OF EMPLOYMENT
Means that the employment status of an Employee ceases for any reason other than death. An Employee who does not return to work for the
Employer on or before the expiration of an authorized leave of absence from such Employer will be deemed to have incurred a Termination of
Employment when such leave ends.
TOP-HEAVY PLAN
Means a Plan determined to be a Top-Heavy Plan for any Plan Year pursuant to Plan Section 7.19.
VALUATION DATE
The Valuation Date will be the last day of the Plan Year and each additional date designated by the Plan Administrator that is selected in a uniform
and nondiscriminatory manner when the assets of the Fund are valued at their then fair market value. Notwithstanding the preceding, for purposes
of calculating the top-heavy ratio, the Valuation Date will be the last day of the initial Plan Year and the last day of the preceding Plan Year for each
subsequent Plan Year.
Employees included in a unit of Employees covered by a collective bargaining agreement between the Employer
and Employee representatives, if retirement benefits were the subject of good faith bargaining and if two-percent or less of the
Employees who are covered pursuant to that agreement are professionals as defined in Treasury Regulation section 1.410(b)-9. For
e any organization in which more than half of the members are
Employees who are owners, officers, or executives of the Employer.
Employees who are non-resident aliens (within the meaning of Code section 7701(b)(1)(B)) who received no
earned income (within the meaning of Code section 911(d)(2)) from the Employer that constitutes income from sources within the
United States (within the meaning of Code section 861(a)(3)).
C. Employees who became Employees as the result of certain acquisitions or dispositions as described under
Code section 410(b)(6)(C). Such Employees will be excluded from participation during the transition period beginning on the date of
the change in the members of the group and ending on the last day of the first Plan Year that begins after the date of the change. A
transaction under Code section 410(b)(6)(C) is an asset or stock acquisition, merger, or similar transaction involving a change in the
employer of the employees of a trade or business.
B. Effective Date If this is an initial adoption of the Plan by the Employer, an Employee will become a Participant in the Plan as of the
Effective Date if the Employee has met the eligibility requirements of Plan Section 2.01 as of such date. After the Effective Date, each
Employee will become a Participant on the first Entry Date coinciding with or following the date the Employee satisfies the eligibility
requirements of Plan Section 2.01 for the applicable contribution source.
C. Notification The Plan Administrator shall notify each Employee who becomes eligible to be a Participant under this Plan and shall
furnish the Employee with the enrollment forms or other documents that are required of Participants. Such notification will be in
writing, or in any other form permitted under rules promulgated by the IRS or DOL. The Employee will execute such forms or
documents and make available such information as may be required in the administration of the Plan.
determining
B. Employee a Participant Before Brea If a Participant incurs a Break in Eligibility Service, such
Participant will continue to participate in the Plan following such Break in Eligibility Service. If a Participant incurs a Termination of
Employment, such Participant will participate immediately following the date of reemployment.
A. Requirements to Enroll as a Contributing Participant Each Employee who satisfies the eligibility requirements specified in the
Adoption Agreement, may enroll as a Contributing Participant, on the first Entry Date coinciding with or following the date the
Employee satisfies the eligibility requirements, or if applicable, the first Entry Date following the date on which the Employee returns
to the eligible class of Employees pursuant to Plan Section 2.03. A Participant who wishes to enroll as a Contributing Participant must
deliver (either in writing or in any other form permitted by the IRS and the DOL) a salary reduction agreement to the Plan
Administrator. Except for occasional, bona fide administrative considerations as set forth in the Treasury Regulations, contributions
made pursuant to such election cannot precede the earlier of 1) the date on which services relating to the contribution are
performed, and 2) the date on which the Compensation that is subject to the election would be payable to the Employee in the
absence of an election to defer.
If a Plan permits both Pre-Tax and Roth Elective Deferrals and the Participant fails to designate whether their Elective Deferrals are
Pre-Tax or Roth Elective Deferrals, the Participant will be deemed to have designated the Elective Deferrals as Pre-Tax Elective
Deferrals.
The Employer shall deposit Elective Deferrals with the Trustee (or Custodian, if applicable) as of such time as is required by the IRS
and DOL.
A Participant may cease Elective Deferrals and thus withdraw as a Contributing Participant as of any
such times established by the Plan Administrator in a uniform and nondiscriminatory manner by revoking the authorization to the
Employer to make Elective Deferrals on their behalf. A Participant who desires to withdraw as a Contributing Participant will give
notice of withdrawal to the Plan Administrator at least 30 days (or such shorter period as the Plan Administrator will permit in a
uniform and nondiscriminatory manner) before the effective date of withdrawal. A Participant will cease to be a Contributing
Participant upon their Termination of Employment or on account of termination of the Plan.
If the Adopting Employer so elects in the Adoption Agreement, each Employee who enrolls as a
Contributing Participant may specify whether their Elective Deferrals are to be characterized as Pre-Tax Elective Deferrals, Roth Elective
Deferrals, or a specified combination. A Contributing Participan election.
Elective Deferrals contributed to the Plan as one type, either Roth or Pre-Tax, may not later be reclassified as the other type. A
ubaccount in
the Plan. No contributions other than Roth Elective Deferrals and properly attributable earnings will be credited to each Contributing
and other credits or charges will be allocated on a reasonable and
consistent basis to such subaccount.
F. All Employees who are eligible to make Elective Deferrals under this Plan and who are age 50 or older by
the end of their taxable year will be eligible to make Catch-up Contributions. Catch-up Contributions are not subject to the limits on
Annual Additions under Code section 415, are not counted in the ADP test, and are not counted in determining the minimum
allocation under Code section 416 (but Catch-up Contributions made in prior years are counted in determining whether the Plan is
top-heavy). Provisions in the Plan relating to Catch-up Contributions apply to Elective Deferrals made after 2001.
formula.
Under the pro rata allocation formula, Employer Profit Sharing Contributions will be allocated to the Individual Accounts of
Compensation of all Qualifying Participants for the Plan Year. The Employer Contribution for any Plan Year will be deemed allocated
Any Employer Contribution for a Plan Year must satisfy Code section 401(a)(4) and the corresponding Treasury Regulations for
such Plan Year.
tions
on behalf of any Owner-Employee may be made only with respect to the Earned Income of such Owner-Employee.
vidual Account shall be nonforfeitable and 100 percent vested at all times.
Unless otherwise specified in the Plan or permitted by law or regulation, the Employer Contribution
made by an Employer for each Plan Year will be deposited with the Trustee (or Custodian, if applicable) not later than the due date for
ding the
preceding, Employer Contributions may be deposited during the Plan Year for which they are being made.
The contribution and allocation provisions of this Plan Section 3.02(E) will apply for any
Plan Year with respect to which this Plan is a Top-Heavy Plan and will supersede any conflicting provisions in the Plan.
1. Except as otherwise provided in (3) and (4) below, the Employer Contributions allocated on behalf of any Participant who is not a
Key Employee will not be less than the lesser of three-percent
Employer does not maintain a defined benefit plan in addition to this Plan that designates this Plan to satisfy Code section 401
the largest percentage of Employer Contributions, as a percen
section 401(a)(17), allocated on behalf of any Key Employee for that year. The minimum allocation is determined without regard
to any Social Security contribution. Only Participants who are not Key Employees will be entitled to receive the minimum
allocation. For purposes of the preceding sentences, the largest percentage of Employer Contributions as a percentage of each
ective Deferrals as Employer Contributions. This minimum
allocation will be made even though under other Plan provisions, the Participant would not otherwise be entitled to receive an
allocation.
2. For purposes of computing the minimum allocation, Compensation will mean compensation as provided in the Definitions
section of the Plan as limited by Code section 401(a)(17) and will include any amounts contributed by the Employer pursuant to
a salary reduction agreement and that is not includible in gross income under Code sections 402(g), 125, 132(f)(4), or 457.
Compensation for the full Determination Year will be used in calculating the minimum allocation.
3. The provision in (1) above will not apply to any Participant who was not employed by the Employer on the last day of the Plan
Year.
5. Elective Deferrals may be taken into account for purposes of satisfying the minimum allocation requirement applicable to Top-
Heavy Plans described in Plan Section 3.02(E)(1).
In the event that the Commissioner of Internal Revenue determines that the Plan is not initially qualified under the Code, any
contributions made incident to that initial qualification by the Employer must be returned to the Employer within one year after the date
the initial qualification is denied, but only if the application for qualification is made by the time prescribed by law for fi
return for the taxable year in which the Plan is adopted, or such later date as the Secretary of the Treasury may prescribe.
In the event that a contribution made by the Employer under this Plan is conditioned on deductibility and is not deductible under
Code section 404, the contribution, to the extent of the amount disallowed, must be returned to the Employer within one year after
the deduction is disallowed.
If applicable, no contract will be purchased under the Plan unless such contract or a separate definite written agreement between the
Employer and the insurer provides that no value under contracts providing benefits under the Plan or credits determined by the
insurer (on account of dividends, earnings, or other experience rating credits, or surrender or cancellation credits) with respect to such
contracts may be paid or returned to the Employer or diverted to or used for other than the exclusive benefit of the Participants or
their Beneficiaries. However, any contribution made by the Employer because of a mistake of fact must be returned to the Employer
within one year of the contribution.
1. a qualified plan described in Code sections 401(a) or 403(a), excluding after-tax employee contributions and distributions from
designated Roth accounts;
2. an annuity contract described in section 403(b), excluding after-tax employee contributions and distributions from designated Roth
accounts;
3. an eligible plan described in Code section 457(b) (if maintained by a governmental entity) unless an Employee is a member of any
excluded class pursuant to Plan Section 2.01.; and
4. the portion of a distribution from an individual retirement annuity or account described in Code section 408(a) or 408(b) that is
eligible to be rolled over and would otherwise be included in gross income.
The Plan Administrator may require the Employee to certify, either in writing or in any other form permitted under rules promulgated by
the IRS and DOL, that the contribution qualifies as a rollover contribution under the applicable provisions of the Code. If it is later
determined that all or part of a rollover contribution was ineligible to be contributed to the Plan, the Plan Administrator shall direct that
any ineligible amounts, plus earnings or losses attributable thereto (determined in the manner described in Plan Section 7.02(B)), be
distributed from the Plan to the Employee as soon as administratively feasible.
Rollover contributions will be nonforfeitable at all times and will share in the income and gains and losses of the Fund in the manner described
in Plan Section 7.02(B). The Employer may, in a uniform and nondiscriminatory manner, allow only Employees who have become Participants in
the Plan to make rollover contributions. However, if the Employer permits Employees who have not become Participants in the Plan and/or
former Employees to maintain rollover contributions in the Plan, such individuals will be treated as Participants for purposes of those assets,
but they may not receive a loan from the Fund.
Additions for the Limitation Year to exceed the Maximum Permissible Amount, the amount contributed or allocated may be
reduced so that the Annual Additions for the Limitation Year will equal the Maximum Permissible Amount.
3. As soon as is administratively feasible after the end of the Limitation Year, the Maximum Permissible Amount for the Limitation
Year will be determined on the basis of the Particip
B. If, in addition to this Plan, the Participant is covered under another qualified pre-approved defined contribution plan maintained by
the Employer, a welfare benefit fund maintained by the Employer, an individual medical account maintained by the Employer, or a
simplified employee pension plan maintained by the Employer any of which provides an Annual Addition as defined in the Definitions
section of the Plan during any Limitation Year, the following rules apply.
will
not exceed the Maximum Permissible Amount, reduced by the Annual Additions credited to a Participant under the other
qualified Pre-approved Plans, welfare benefit funds, individual medical account, and simplified employee pension plans for the
same Limitation Year. If the Annual Additions with respect to the Participant under other qualified Pre-approved defined
contribution plans, welfare benefit funds, individual medical accounts, and simplified employee pension plans maintained by the
Employer are less than the Maximum Permissible Amount, and the Employer Contribution that would otherwise be contributed
o
exceed this limitation, the amount contributed or allocated may be reduced so that the Annual Additions under all such plans
and funds for the Limitation Year will equal the Maximum Permissible Amount. If the Annual Additions with respect to the
Participant under such other qualified Pre-approved defined contribution plans, welfare benefit funds, individual medical
accounts, and simplified employee pension plans in the aggregate are equal to or greater than the Maximum Permissible
Amount, no amount will be contributed or allocated to the Partic
Year.
3. As soon as is administratively feasible after the end of the Limitation Year, the Maximum Permissible Amount for the Limitation
Year will be determined on the basis of the Partic
4. Any Excess Annual Additions attributed to this Plan will be disposed of in the manner described in Plan Section 7.11.
C. If the Participant is covered under another qualified defined contribution plan maintained by the Employer, other than a Pre-approved
Plan, the provisions of Plan Section 3.06(B)(1) through 3.06(B)(4) will apply as if the other plan were a Pre-approved Plan. In the event this
method cannot be administered because of conflicting language in the other plan, the Employer must provide, through a written
attachment to the Plan, the method under which the plans will limit total Annual Additions to the Maximum Permissible Amount, and will
properly reduce any Excess Annual Additions in a manner that precludes Employer discretion.
1. The ADP for Participants who are Highly Compensated Employees for the Plan Year will not exceed the ADP for Participants who
are non-Highly Compensated Employees for the same Plan Year multiplied by 1.25; or
2. The ADP for Participants who are Highly Compensated Employees for the Plan Year will not exceed the ADP for Participants who
are non-Highly Compensated Employees for the same Plan Year multiplied by 2.0 provided that the ADP for Participants who are
Highly Compensated Employees does not exceed the ADP for Participants who are non-Highly Compensated Employees by
more than two percentage points.
The prior-year testing method described below will apply to this Plan.
a. The ADP for a Plan Year for Participants who are Highly Compensated Employees for the Plan Year will not exceed the prior
b. The ADP for a Plan Year for Participants who are Highly Compensated Employees for the Plan Year will not exceed the prior
provided that the ADP for Participants who are Highly Compensated Employees does not exceed the ADP for Participants
who were non-Highly Compensated Employees in the prior Plan Year by more than two percentage points.
For the first Plan Year that the Plan permits any Participant to make Elective Deferrals (and this is not a successor Plan), for
P will be three-percent.
B. Special Rules
1. A Participant is a Highly Compensated Employee for a particular Plan Year if they meet the definition of a Highly Compensated
Employee in effect for that Plan Year. Similarly, a Participant is a non-Highly Compensated Employee for a particular Plan Year if
they do not meet the definition of a Highly Compensated Employee in effect for that Plan Year.
2. The ADP for any Participant who is a Highly Compensated Employee for the Plan Year and who is eligible to have Elective
Deferrals allocated to their Individual Accounts under two or more arrangements described in Code section 401(k) that are
maintained by the Employer, will be determined as if such Elective Deferrals were made under a single arrangement. If a Highly
Compensated Employee participates in two or more cash or deferred arrangements that have different Plan Years, all Elective
Deferrals made during the Plan Year under all such arrangements will be aggregated. Certain plans will be treated as separate if
mandatorily disaggregated under the Treasury Regulations under Code section 401(k).
3. In the event that this Plan satisfies the requirements of Code sections 401(k), 401(a)(4), or 410(b) only if aggregated with one or
more other plans, or if one or more other plans satisfy the requirements of such Code sections only if aggregated with this Plan,
then this Plan Section 3.07(B)(3) will be applied by determining the ADP of Participants as if all such plans were a single plan. If
ted Employees are involved in a plan coverage change as
defined in Treasury Regulation section 1.401(k)-2(c)(4), then any adjustments to the non-Highly Compensated Employee ADP for
the prior year will be made in accordance with such regulations. Plans may be aggregated in order to satisfy Code section 401(k)
only if they have the same Plan Year and use the same ADP testing method.
4. For purposes of satisfying the ADP test, Elective Deferrals must be made before the end of the 12-month period immediately
following the Plan Year to which contributions relate.
5. The Employer shall maintain records sufficient to demonstrate satisfaction of the ADP test.
6. The determination and treatment of the ADP amounts of any Participant will satisfy such other requirements as may be
prescribed by the Secretary of the Treasury.
7. In the event that the Plan Administrator determines that it is not likely that the ADP test will be satisfied for a particular Plan Year
unless certain steps are taken before the end of such Plan Year, the Plan Administrator may require Contributing Participants
who are Highly Compensated Employees to reduce or cease future Elective Deferrals for such Plan Year in order to satisfy that
requirement. This limitation will be considered a Plan-imposed limit for Catch-up Contribution purposes. If the Plan
Administrator requires Contributing Participants to reduce or cease making Elective Deferrals under this paragraph, the
reduction or cessation will begin with the Highly Compensated Employee with either the largest amount of Elective Deferrals or
the highest Contribution Percentage for the Plan Year (on the date on which it is determined that the ADP test will not likely be
satisfied), as elected by the Plan Administrator. All remainin ective Deferrals for the Plan
Year will be limited to such amount. Notwithstanding the preceding, if it is later determined that the ADP test for the Plan Year
will be satisfied, Highly Compensated Employees will be permitted to enroll again as Contributing Participants in accordance
with the terms of the Plan.
8. Elective Deferrals that are treated as Catch-up Contributions because they exceed a Plan limit or a statutory limit will be
excluded from ADP testing. Amounts which are characterized as Ca of the ADP test will reduce
the amount of Excess Contributions distributed.
Termination of Employment, attainment of Normal Retirement Age, Disability, attainment of age 59½, or the termination of the
Plan. If a Participant who is entitled to a distribution is not legally competent to request or consent to a distribution, the
court-appointed guardian, an attorney-in-fact acting under a valid power of attorney, or any other individual or entity authorized
under state law to act on behalf of the Participant, may request and accept a distribution of the Vested portion of a Participa
Individual Account under this Plan Section 5.01(A). The Particip ficiary
articipant
Such amounts may also be distributed upon any one of the following events:
a. termination of the Plan without the establishment of another defined contribution plan, other than an employee stock
ownership plan (as defined in Code section 4975(e) or Code section 409), a simplified employee pension plan (as defined in
Code section 408(k)), a SIMPLE IRA Plan (as defined in Code section 408(p)), a plan or contract described in Code section
403(b), or a plan described in Code section 457(b) or (f), at any time during the period beginning on the date of Plan
termination and ending twelve months after all assets have been distributed from the Plan;
d. existence of a Deemed Severance from Employment under Code section 414(u)(12)(B) during a period of uniformed
services as defined in Code section 3401(h)(2)(A). If an individual receives a distribution due to a Deemed Severance from
Employment, the individual may not make an Elective Deferral during the six-month period beginning on the date of the
distribution. However, a distribution under this provision that is also a qualified reservist distribution within the meaning of
Code section 72(t)(2)(G)(iii) is not subject to the six-month suspension of Elective Deferrals; or
All distributions that may be made pursuant to one or more of the preceding distribution eligibility requirements are subject to
the spousal and Participant consent requirements (if applicable) contained in Code section 401(a)(11) and 417. In addition,
distributions that are triggered by either a., b., or c. above must be made in a lump sum.
For years beginning after 2005, if both Pre-Tax Elective Deferrals and Roth Elective Deferrals were made for the year, the Plan
Administrator, in a uniform and nondiscriminatory manner, may establish operational procedures, including ordering rules as
permitted under the law and related regulations, that specify whether distributions, including corrective distributions of Excess
Elective Deferrals, or Excess Annual Additions, will consist of Deferrals, Roth Elective Deferrals, or a
combination of both, to the extent such type of Elective Deferral was made for the year. The operational procedures may include
an option for Participants to designate whether the distribution is being made from Pre-Tax or Roth Elective Deferrals.
tribution
must submit a request (either in writing or in any other form permitted under rules promulgated by the IRS and DOL) to the Plan
Administrator. If required in writing, such request will be made upon a form provided or approved by the Plan Administrator. Upon
a valid request, the Plan Administrator will direct the Trustee (or Custodian, if applicable) to commence distribution as soon as
administratively feasible after the request is received.
Distributions will be made based on the value of the Individual Account available at the time of actual distribution. To the extent
the distribution request is for an amount greater than the Individual Account, the Trustee (or Custodian, if applicable) will be
entitled to distribute the entire Individual Account.
contributions (and earnings allocable thereto) within the meaning of Code sections 402(c), 403(a)(4), 403(b)(8), 408(d)(3)(a)(ii), and
457(e)(16).
2. Individual Account Balances Exceeding Cashout Level If distribution in the form of a Qualified Joint and Survivor Annuity is
required with respect to a Participant and either the value of level or
there are remaining payments to be made with respect to a particular distribution option that previously commenced, and if the
Individual Account is immediately distributable, the Participant must consent to any distribution of such Individual Account.
If distribution in the form of a Qualified Joint and Survivor Annuity is not required with respect to a Participant and the value of
and if the Individual Account is immediately
distributable, the Participant must consent to any distribution of such Individual Account.
under rules promulgated by the IRS and DOL) within the 180-day period ending on the Annuity Starting Date. The Plan
Spouse of the right to defer any distribution until the Partic
Individual Account is no longer immediately distributable and, for Plan Years beginning after December 31, 2006, the
consequences of failing to defer any distribution. Such notification will include a general description of the material features, and
an explanation of the relative values of the optional forms of benefit available under the Plan in a manner that would satisfy the
notice requirements of Code section 417(a)(3), and a description of the consequences of failing to defer a distribution, and will
be provided no less than 30 days and no more than 180 days before the Annuity Starting Date.
If a distribution is one to which Code sections 401(a)(11) and 417 do not apply, such distribution may commence less than 30
days after the notice required in Treasury Regulation section 1.411(a)-11(c) is given, provided that:
a. the Plan Administrator clearly informs the Participant that the Participant has a right to a period of at least 30 days after
receiving the notice to consider the decision of whether or not to elect a distribution (and, if applicable, a particular
distribution option), and
Notwithstanding the preceding, only the Participant need consent to the commencement of a distribution that is either made in
the form of a Qualified Joint and Survivor Annuity or is made from a Plan that meets the Retirement Equity Act safe harbor rules
of Plan Section 5.10(E), while the Individual Account is immediately distributable. Neither the consent of the Participant nor the
e extent that a distribution is required to satisfy Code section 401(a)(9) or Code section
415. In addition, upon termination of this Plan, if the Plan does not offer an annuity option (purchased from a commercial
transferred to another defined contribution plan (other than an employee stock ownership plan as defined in Code section
4975(e)(7)) within the same controlled group.
An Individual Account is immediately distributable if any part of the Individual Account could be distributed to the Participant
(or surviving Spouse) before the Participant attains or would have attained (if not deceased) the later of Normal Retirement Age
or age 62.
attaining Normal Retirement Age may elect to receive a distribution with regard to Employer Profit Sharing Contributions. A
Participant who has incurred a Severance from Employment before attaining Normal Retirement Age may elect to receive a
distribution with regard to Elective Deferrals.
a. Participant for Five or More Years An Employee who has been a Participant in the Plan for five or more years may
withdraw up to the entire Individual Account.
b. Participant for Less than Five Years An Employee who has been a Participant in the Plan for less than five years may
withdraw only the amount that has been in their Individual Account attributable to Employer Contributions and rollover
contributions (and earnings allocable thereto)for at least two full Plan Years, measured from the date such contributions
were allocated.
A Participant who is not otherwise eligible to receive a distribution of their Individual Account may elect to receive an in-service
distribution of all or part of the Vested portion of their Individual Account attributable to transfers of money purchase pension
contributions at age 62.
All in-service distributions are subject to the requirements of Plan Section 5.10, as applicable.
For purposes of this Plan Section 5.01(C)(2)(a), hardship is defined as an immediate and heavy financial need of the Employee
where such Employee lacks other available resources. Financial needs considered immediate and heavy include, but are not
limited to, 1) expenses incurred or necessary for medical care, described in Code section 213(d), of the Employee, the
ciary, 2) the purchase (excluding mortgage payments) of a
principal residence for the Employee, 3) payment of tuition and related educational fees for the next 12 months of post-
A distribution will be considered necessary to satisfy an immediate and heavy financial need of the Employee only if
i. the Employee has obtained all distributions, other than hardship distributions, and all nontaxable loans available under
all plans maintained by the Employer; and
ii. the distribution is not in excess of the amount of an immediate and heavy financial need (including amounts necessary to
pay any federal, state, or local income taxes or penalties reasonably anticipated to result from the distribution).
For purposes of determining whether an Employee has a hardship, rules similar to those described in Plan Section
5.01(C)(2)(a) will apply except that only the financial needs listed above will be considered. In addition, a distribution will be
considered as necessary to satisfy an immediate and heavy financial need of the Employee only if
ii. for hardship distributions before 2002, all plans maintained by the Employer provide that the Employee may not make
ble year immediately following the taxable year of the hardship distribution
in excess of the applicable limit under Code section 402(g) for such taxable year less the amount
Elective Deferrals for the taxable year of the hardship distribution.
alified
reservist distribution means any distribution to a Participant where 1) such distribution is made from Elective Deferrals, 2) such
Participant was ordered or called to active duty for a period in excess of 179 days or for an indefinite period, and 3) such distribution
is made during the period beginning on the date of such order or call and ending at the close of the active duty period. The
Participant must have been ordered or called to active duty after September 11, 2001.
b. the Participant reaches the 10th anniversary of the year in which the Participant commenced participation in the Plan, or
Notwithstanding the preceding, the failure of a Participant (and Spouse, if applicable) to consent to a distribution while a benefit
is immediately distributable, within the meaning of Plan Section 5.01(B)(2), will be deemed to be an election to defer
commencement of payment of any benefit sufficient to satisfy this Plan Section 5.01(D)(2).
e
request a distribution of, or a loan from, the Vested portion of their Individual Account balance related to federally declared
disaster area tax relief (e.g., Disaster Tax Relief and Airport and Airway Extension Act of 2017), and as allowed under the Code
and any additional rules, regulations, or other pronouncements promulgated by either the IRS or DOL.
In the event that a Participant wishes to designate a Primary Beneficiary who is not their Spouse, their Spouse must consent (either in
t must
acknowledge the effect of such designation and be witnessed by a notary public or plan representative. Notwithstanding this consent
requirement, if the Participant establishes to the satisfaction of the Plan Administrator that such consent may not be obtained because
there is no Spouse or the Spouse cannot be located, no consent will be required. In addition, if the Spouse is legally incompetent to give
separated or the
Participant has been abandoned (within the meaning of local law) and the Participant has a court order to such effect, spousal consent is
not required unless a Qualified Domestic Relations Order provides otherwise. Any change of Beneficiary will require a new spousal
consent to the extent required by the Code or Treasury Regulations.
the
ndividual
Account to which the Beneficiary is entitled is paid to their legal guardian or, if applicable, to their custodian under the Uniform Gifts
to Minors Act or the Uniform Transfers to Minors Act. If a Beneficiary is not a minor but is not legally competent to request or consent
idual
Account to which the Beneficiary is entitled is paid to the Pa an, an attorney-in-fact acting under a
valid power of attorney, or any other individual or entity authorized under state law to act on behalf of the Beneficiary. A Beneficiary
by providing the Plan Administrator written notification pursuant to
Code section 2518(b).
If the value of the Vested portion of a unt exceeds $5,000 and either (1) the preretirement survivor
annuity requirements of Plan Section 5.10 have been satisfied or waived in accordance or (2) the Retirement Equity Act safe harbor
Beneficiary in a single lump sum in lieu of all other forms of distribution under the Plan, as soon as administratively feasible.
Notwithstanding the preceding provisions, a Beneficiary is permitted (subject to regulatory guidance) to directly roll over their portion of
the Individual Account to an inherited individual retirement arrangement (under Code sections 408 or 408A). Such Direct Rollovers must
otherwise qualify as Eligible Rollover Distributions.
1. Subject to Plan Section 5.10, the requirements of this Plan Section 5.05 will apply to any distribution of a Participant's interest
and will take precedence over any inconsistent provisions of this Plan. Unless otherwise specified, the provisions of this Plan
Section 5.05 apply to calendar years beginning after December 31, 2002.
2. All distributions required under this Plan Section 5.05 will be determined and made in accordance with Treasury Regulation
section 1.401(a)(9), including the minimum distribution incidental benefit requirement of Code section 401(a)(9)(G).
c. a period certain not extending beyond the Life Expectancy of the Participant, or
d. a period certain not extending beyond the joint life and last survivor expectancy of the Participant and a Designated
Beneficiary.
For purposes of this Plan Section 5.05(B) and Plan Section 5.05(D), unless Plan Section 5.05(D)(2)(a)(iii) applies, distributions are
considered to begin on the date distributions are required to begin to the surviving Spouse under Plan Section 5.05(D)(2)(a)(i). If
distributions under an annuity purchased from an insurance company irrevocably commence to the Participant before the
begin to the surviving Spouse in Plan Section 5.05(D)(2)(a)(i)), the date distributions are considered to begin is the date
distributions actually commence.
Except as provided in a separate IRS model amendment, if applicable, Participants or Beneficiaries may elect on an individual
basis whether the five-year rule or the life expectancy rule in Plan Section 5.05(D) applies to distributions after the death of a
Participant who has a Designated Beneficiary. The election must be made no later than the earlier of September 30 of the
calendar year in which distribution would be required to begin under this Plan Section 5.05(B), or by September 30 of the
calendar year that contains the fifth anniversary of the Partic r the
Participant nor the Beneficiary makes an election under this paragraph, distributions will be made in accordance with this Plan
Section 5.05(B) and Plan Section 5.05(D) and, if applicable, the election in a separate IRS model amendment, if applicable).
ce
company or in a single sum on or before the Required Beginning Date, as of the first Distribution Calendar Year distributions will
orm
of an annuity purchased from an insurance company, distributions thereunder will be made in accordance with the requirements
of Code section 401(a)(9) and the corresponding Treasury Regulations.
t
in the Joint and Last Survivor Table set forth in Treasury
Regulation section 1.401(a)(9)-9, Q&A 3, us
be determined under this Plan Section 5.05(C) beginning with the first Distribution Calendar Year and up to and including the
Distribution Calendar Year that includes the Pa
remaining Life Expectancy is calculated using the age of the Designated Beneficiary in the year following the year of
ate
IRS model amendment, if applicable), distributions to the surviving Spouse will begin by December 31 of the calendar
year immediately following the calendar year in which the Participant died, or by December 31 of the calendar year in
which the Participant would have attained age 70½, if later.
death.
1. Notwithstanding the other requirements of this Plan Section 5.05 and subject to the requirements of Plan Section 5.10, Joint and
Survivor Annuity Requirements, distribution on behalf of any Employee (or former Employee), including a five-percent owner, who
may be made in accordance with all of the following requirements (regardless of when such distribution commences).
a. The distribution by the Fund is one which would not have qualified such Fund under Code section 401(a)(9) as in effect
before amendment by the Deficit Reduction Act of 1984.
b. The distribution is in accordance with a method of distribution designated by the Employee whose interest in the Fund is
being distributed or, if the Employee is deceased, by a Beneficiary of such Employee.
c. Such designation was in writing, was signed by the Employee or the Beneficiary, and was made before January 1, 1984.
d. The Employee had accrued a benefit under the Plan as of December 31, 1983.
e. The method of distribution designated by the Employee or the Beneficiary specifies the time at which distribution will
commence, the period over which distributions will be made, and in the case of any distribution upon the Employee's
death, the Beneficiaries of the Employee listed in order of priority.
2. A distribution upon death will not be covered by this transitional rule unless the information in the designation contains the
required information described above with respect to the distributions to be made upon the death of the Employee.
3. If a designation is revoked, any subsequent distribution must satisfy the requirements of Code section 401(a)(9) and the
corresponding regulations. If a designation is revoked subsequent to the date distributions are required to begin, the Plan must
distribute, by the end of the calendar year following the calendar year in which the revocation occurs, the total amount not yet
distributed which would have been required to have been distributed to satisfy Code section 401(a)(9) and the corresponding
regulations, but for an election made under the Tax Equity and Fiscal Responsibility Act of 1982, Section 242(b)(2). For calendar
years beginning after December 31, 1988, such distributions must meet the minimum distribution incidental benefit
requirements. Any changes in the designation will be considered to be a revocation of the designation. However, the mere
substitution or addition of another Beneficiary (one not named in the designation) under the designation will not be considered
to be a revocation of the designation, provided such substitution or addition does not alter the period over which distributions
are to be made under the designation, directly or indirectly (for example, by altering the relevant measuring life).
4. In the case in which an amount is transferred or rolled over from one plan to another plan, the rules in Treasury Regulation
section 1.401(a)(9)-8, Q&A 14 and Q&A 15, will apply.
For plans in existence before 2003, required minimum distributions before 2003 were made pursuant to Plan
Section 5.05(E), if applicable, and Plan Sections 5.05(F)(1) through 5.05(F)(3) below.
butions for calendar years after 1984 and before 2001 were made in accordance with
Code section 401(a)(9) and the corresponding Proposed Treasury Regulations published in the Federal Register on July 27, 1987
tions for calendar year 2001 were made in accordance with Code section 401(a)(9) and the
Proposed Treasury Regulations in Section 401(a)(9) as published in the Federal Register on January
opted that stated that the required minimum distributions
for 2001 were made pursuant to the 1987 Proposed Regulations. If distributions were made in 2001 under the 1987 Proposed
Regulations before the date in 2001 that the Plan began operating under the 2001 Proposed Regulations, the special transition
rule in Announcement 2001-82, 2001-2 C.B. 123, applied.
tions for calendar year 2002 were made in accordance with Code section 401(a)(9) and the
2001 Proposed Regulations unless the prior IRS model amendment, if applicable, provided that either a. or b. below applies.
a. Required minimum distributions for 2002 were made pursuant to the 1987 Proposed Regulations.
b. Required minimum distributions for 2002 were made pursuant to the Final and Temporary Treasury Regulations under
Code section 401(a)(9) published in the Federal Register on April 17, 2002 (the
which are described in Plan Sections 5.05(B) through 5.05(E). If distributions were made in 2002 under either the 1987
Proposed Regulations or the 2001 Proposed Regulations before the date in 2002 on which the Plan began operating under
the 2002 Final and Temporary Regulations, the special transition rule in Section 1.2 of the model amendment in Revenue
Procedure 2002-29, 2002-1 C.B. 1176, applied.
In the event that the Plan Administrator cannot locate a Participant or Beneficiary who is entitled to a distribution from the Plan after using
all reasonable measures, the Plan Administrator may, consistent with applicable laws, regulations, and other pronouncements under the
Code and ERISA, use any reasonable procedure to dispose of distributable Plan assets, including any of the following: 1) establish an
individual retirement arrangement (IRA), under Code section 408, that complies with the automatic rollover safe harbor regulations,
without regard to the amount in the Individual Account, 2) establish a federally insured bank account for and in the name of the
Participant or Beneficiary and transfer the assets to such bank account, 3) purchase an annuity contract with the assets in the name of the
Participant or Beneficiary (unless an annuity form of distribution is prohibited under the Plan), or 4) transfer the assets to the unclaimed
property fund of the state in which the Participant or Beneficiary was last known to reside.
In the event the Plan is terminated, payments must be made in a manner that protects the benefit rights of a Participant or Beneficiary.
to an IRA, used
to purchase an annuity contract, or transferred to another qualified retirement plan. Benefit rights need not, however, be protected if an
Individual Account becomes subject to state escheat laws, or if a payment is made to satisfy Code section 401(a)(9), or if such other
process is followed that is consistent with applicable statutory or regulatory guidance.
Whenever a claim for a Plan distribution or loan submitted in accordance with this Plan Section 5.09 by any
Participant or Beneficiary has been wholly or partially denied, the Plan Administrator must furnish such Participant or Beneficiary
notice (either in writing or in any other form permitted under rules promulgated by the IRS and DOL) of the denial within 90 days
(45 days for claims involving disability benefits) of the date the original claim was filed. This notice will set forth 1) the specific reasons
for the denial, 2) specific reference to pertinent Plan provisions on which the denial is based, 3) a description of any additional
information or material needed to perfect the claim and an explanation of why such additional information or material is necessary,
and 4) an explanation of the procedures for appeal and a statement of the Partic ons in
law or equity as may be necessary or appropriate to protect or clarify their right to benefits under this Plan.
If the claim for a Plan distribution or loan involves disability benefits under the Plan, the Plan Administrator must furnish such
Participant or Beneficiary with notice of the denial within 45 days of the date the original claim was filed. In addition to satisfying the
general notice of denial requirements described above, the Plan Administrator must provide the Participant with 1) an explanation of
the basis for disagreeing or not following a) the views of the health professionals treating the Participant or vocational professionals
who evaluated the Participant, b) the views of the medical or vocational experts whose advice was obtained in connection with the
r clinical
judgment for the determination if the determination is based upon a medical necessity or experimental treatment or a statement that
such explanation will be provided free of charge, 3) the internal rules, guidelines, protocols, standards, or similar criteria that was
relied upon in making the determination or a statement that such rules, guidelines, protocols, standards, or similar criteria do not
exist, and 4) a statement that the Participant is entitled to receive, upon request and free of charge, reasonable access to, and copies
of, all documents, records, and other information relevant to the claim for benefits.
The Participant or Beneficiary will have 60 days from receipt of the denial notice in which to make written
application for review by the Plan Administrator. The Participant or Beneficiary may request that the review be in the nature of a
hearing. The Participant or Beneficiary will have the right to representation, to review pertinent documents, and to submit comments
in writing (or in any other form permitted by the IRS or DOL). The Plan Administrator shall issue a decision on such review within 60
days after receipt of an application for review as provided for in this Plan Section 5.09 and pursuant to Department of Labor regulation
Section 2560.503-1.
If the claim involves disability benefits under the Plan, the Participant or Beneficiary will have 180 days from receipt of the denial notice in
which to make written application for review by the Plan Administrator. The Plan Administrator shall issue a decision on such review
within 45 days after receipt of an application for review as provided for in this Plan Section 5.09 and pursuant to Department of Labor
regulation section 2560.503-1.
Unless an optional form of benefit is selected pursuant to a Qualified Election within the
180-day period ending on the Annuity Starting Date, a married Account Balance will be paid in the form of a
s account balance will be paid in the form of a life annuity. The
Participant may elect to have such annuity distributed upon attainment of the Earliest Retirement Age under the Plan. In the case of a
married Participant, the Qualified Joint and Survivor Annuity must be at least as valuable as any other optional form of benefit
payable under the Plan at the same time.
A Plan that is subject to the Qualified Joint and Survivor Annuity requirements must offer an additional survivor annuity option in the
form of a Qualified Optional Survivor Annuity.
Unless an optional form of benefit has been selected within the Election Period
pursuant to a Qualified Election, if a Participant dies before unt shall
be applied toward the purchase of an annuity for the life of the surviving Spouse. The surviving Spouse may elect to have such
D. Notice Requirements
1. In the case of a Qualified Joint and Survivor Annuity, the Plan Administrator shall no less than 30 days and not more than 180
days before the Annuity Starting Date provide each Participant an explanation (either in writing or in any other form permitted
under rules promulgated by the IRS and DOL) of 1) the terms and conditions of a Qualified Joint and Survivor Annuity, 2) the
ive the Qualified Joint and Survivor Annuity form of benefit, 3) the
Qualified Joint and Survivor Annuity. The written explanation shall comply with the requirements of Treasury Regulation section
1.417(a)(3)-1.
The Annuity Starting Date for a distribution in a form other than a Qualified Joint and Survivor Annuity may be less than 30 days
after receipt of the explanation described in the preceding paragraph provided 1) the Participant has been provided with
information that clearly indicates that the Participant has at least 30 days to consider whether to waive the Qualified Joint and
Survivor Annuity and elect (with spousal consent) a form of distribution other than a Qualified Joint and Survivor Annuity, 2) the
Participant is permitted to revoke any affirmative distribution election at least until the annuity starting date or, if later, at any
time before the expiration of the seven-day period that begins the day after the explanation of the Qualified Joint and Survivor
Annuity is provided to the Participant, and 3) the annuity starting date is a date after the date that the explanation was provided
to the Participant.
2. In the case of a Qualified Preretirement Survivor Annuity as described in Plan Section 5.10(C), the Plan Administrator shall
provide each Participant within the applicable period for such Participant an explanation (either in writing or in any other form
permitted under rules promulgated by the IRS and DOL) of the Qualified Preretirement Survivor Annuity in such terms and in
such manner as would be comparable to the explanation provided for meeting the requirements of Plan Section 5.10(D)(1)
applicable to a Qualified Joint and Survivor Annuity. The written explanation shall comply with the requirements of Treasury
Regulation section 1.417(a)(3)-1.
The applicable period for a Participant is whichever of the following periods ends last: 1) the period beginning with the first day of
the Plan Year in which the Participant attains age 32 and ending with the close of the Plan Year preceding the Plan Year in which the
Participant attains age 35, 2) a reasonable period ending after the individual becomes a Participant, 3) a reasonable period ending
after Plan Section 5.10(D)(3) ceases to apply to the Participant, and 4) a reasonable period ending after this Plan Section 5.10 first
applies to the Participant. Notwithstanding the preceding, notice must be provided within a reasonable period ending after
separation from service in the case of a Participant who separates from service before attaining age 35.
For purposes of applying the preceding paragraph, a reasonable period ending after the enumerated events described in 2),
3) and 4) is the end of the two-year period beginning one year before the date the applicable event occurs, and ending one year
after that date. In the case of a Participant who separates from service before the Plan Year in which age 35 is attained, notice
will be provided within the two-year period beginning one year before separation and ending one year after separation. If such a
Participant thereafter returns to employment with the Employer, the applicable period for such Participant will be redetermined.
3. Notwithstanding the other requirements of this Plan Section 5.10(D), the respective notices prescribed by this Plan Section
5.10(D) need not be given to a e costs of a Qualified Joint and Survivor Annuity or
Qualified Preretirement Survivor Annuity, and 2) the Plan does not allow the Participant to waive the Qualified Joint and Survivor
Annuity or Qualified Preretirement Survivor Annuity and does not allow a married Participant to designate a non-Spouse
Beneficiary. For purposes of this Plan Section 5.10(D)(3), a plan fully subsidizes the costs of a benefit if no increase in cost or
decrease in benefits to the Participant may result fr to elect another benefit.
1. The safe harbor provisions of this Plan Section 5.10(E) shall always apply to any distribution made on or after the first day of the
first Plan Year beginning after December 31, 1988, from or under a separate account attributable solely to accumulated
deductible employee contributions, as defined in Code section 72(o)(5)(B), and maintained on behalf of a Participant in a money
purchase pension plan, if the following conditions are satisfied:
a. the Participant does not or cannot elect payments in the form of a life annuity; and
there is
no surviving Spouse, or if the surviving Spouse has consented in a manner conforming to a Qualified Election, then to the
account balances for other types of distributions. This Plan Section 5.10(E) will not apply to a Participant in a profit sharing plan
if the plan is a direct or indirect transferee of a defined benefit plan, money purchase pension plan, a target benefit pension
plan, stock bonus, or profit sharing plan that is subject to the survivor annuity requirements of Code sections 401(a)(11) and
417. If this Plan Section 5.10(E) applies, then no other provisions of this Plan Section 5.10 will apply except as provided in
Treasury Regulations.
2. The Participant may waive the spousal death benefit described in this Plan Section 5.10(E) at any time provided that no such
waiver will be effective unless it is a Qualified Election (other than the notification requirement referred to therein) that would
Qualified Preretirement Survivor Annuity.
3. In the event this Plan is a direct or indirect transferee of or a restatement of a plan previously subject to the survivor annuity
requirements of Code sections 401(a)(11) and 417 and the Employer has selected to have this Plan Section 5.10(E) apply, the
provisions of this Plan Section 5.10(E) will not apply to any benefits accrued (including subsequent adjustments for earnings and
losses) before the adoption of these provisions. Such amounts will be separately accounted for in a manner consistent with Plan
Section 7.02 and administered in accordance with the general survivor annuity requirements of Plan Section 5.10.
Notwithstanding any other provision of the Plan, Excess Elective Deferrals, plus any income and minus any loss allocable thereto, will
be distributed no later than April 15th to any Participant to whose Individual Account Excess Elective Deferrals were assigned for the
preceding year and who claims Excess Elective Deferrals for such taxable year, except to the extent such Excess Elective Deferrals were
classified as Catch-up Contributions. The Plan Administrator, in a uniform and nondiscriminatory manner, will determine whether the
t or the
Roth Elective Deferral account, or a combination of both, to the extent both Pre-Tax Elective Deferrals and Roth Elective Deferrals
were made for the year, or may allow Participants to specify otherwise.
Excess Elective Deferrals will be adjusted for any income or loss up to the end of the Plan Year to
which such contributions were allocated. The income or loss allocable to Excess Elective Deferrals is the income or loss allocable to the
iplied by a fraction, the numerator of which is such Participa
ective
Deferrals without regard to any income or loss occurring during such taxable year. Notwithstanding the preceding, the Plan Administrator
may compute the income or loss allocable to Excess Elective Deferrals in the manner described in Plan Section 7.02(B) (i.e., the usual
manner used by the Plan for allocating income or loss to Partic such
method is used consistently for all Participants and for all corrective distributions under the Plan for the Plan Year. The Plan will not fail to
use a reasonable method for computing the income or loss on Excess Elective Deferrals merely because the income allocable is based on
a date that is no more than seven days before the distribution.
Employee has not reached their Catch-up Contribution limit under the Plan, Excess Contributions allocated to such Highly
Compensated Employees as Catch-up Contributions will not be treated as Excess Contributions. If such Excess Contributions are
distributed more than 2½ months after the last day of the Plan Year in which such Contributions were made, a ten-percent excise tax
will be imposed on the Employer maintaining the Plan with respect to such amounts. Excess Contributions will be treated as annual
additions under the Plan even if distributed.
Excess Contributions will be adjusted for any income or loss up to the end of the Plan Year to
which such contributions were allocated. The income or loss allocable to Excess Contributions allocated to each Participant is the
rator of
unt
balance attributable to Elective Deferrals without regard to any income or loss occurring during such Plan Year. Notwithstanding the
preceding, the Plan Administrator may compute the income or loss allocable to Excess Contributions in the manner described in Plan
any
reasonable method), provided such method is used consistently for all Participants and for all corrective distributions under the Plan
for the Plan Year. The Plan will not fail to use a reasonable method for computing the income or loss on Excess Contributions merely
because the income allocable is based on a date that is no more than seven days before the distribution.
C. Accounting for Ex
n a uniform
and nondiscriminatory manner, will either determine whether the distribution of Excess Contributions for a year will be made first
ferral account or the Roth Elective Deferral account, or a combination of both, to the extent
both Pre-Tax Elective Deferrals and Roth Elective Deferrals were made for the year, or may allow Participants to specify otherwise.
No part of the corpus or income of the Fund may be used for, or diverted to, purposes other than for the exclusive benefit of
Participants or their Beneficiaries. The Fund will be valued each Valuation Date at fair market value.
The Employer may direct the Trustee (or Custodian, if applicable) to divide and redivide
the Fund into one or more Investment Funds. Such Investment Funds may include, but are not limited to, Investment Funds
representing the assets under the control of an investment manager pursuant to Plan Section 7.22(C) and Investment Funds
representing investment options available for individual direction by Participants pursuant to Plan Section 7.22(B). Upon each division
or redivision, the Employer may specify the part of the Fund to be allocated to each such Investment Fund and the terms and
conditions, if any, under which the assets in such Investment Fund will be invested.
The Plan Administrator may establish additional accounts as it may deem necessary for the proper administration of the Plan.
nt, then
t at any relevant time equals the sum of the fair market values of
the assets in such Separate Fund, less any applicable charges or penalties.
2. The fair market value of the remainder of each Individual Account is determined in the following manner:
a. Separate Fund
Date is determined. Each such portion is reduced by any withdrawal made from the applicable Investment Fund to or for
since the previous Valuation Date, and is increased by any amount transferred from another Investment Fund since the
previous Valuation Date. The resulting amounts are the net Individual Account portions invested in the Investment Funds.
b. No Separate Fund
downwards, pro rata (i.e., using the ratio of each net Individual Account portion to the sum of all net Individual Account
portions) so that the sum of all the net Individual Account portions invested in an Investment Fund will equal the then fair
market value of the Investment Fund. Notwithstanding the previous sentence, for the first Plan Year only, the net Individual
Account portions will be the sum of all contributions made to ea
c. Allocations
Plan Section Three. For purposes of this Plan Section Seven, contributions made by the Employer for any Plan Year but after
that Plan Year will be considered to have been made on the last day of that Plan Year regardless of when paid to the
Trustee (or Custodian, if applicable).
Amounts contributed between Valuation Dates will not be credited with investment gains or losses until the next following
Valuation Date.
d. Aggregation of Portions
accordance with (a), (b), and (c) above) are added together.
B. The Plan Administrator may, by appointment, allocate the duties of the Plan Administrator among several individuals or entities. Such
appointments will not be effective until the party designated accepts such appointment in writing.
C. The Plan Administrator shall be charged with the duties of the general administration of the Plan, including, but not limited to, the following:
2. to determine all questions relating to the eligibility of Employees to become or remain Participants hereunder;
4. to compute the amount and kind of benefits to which a Participant or Beneficiary will be entitled under the Plan and to direct
the Trustee (or Custodian, if applicable) with respect to all disbursements under the Plan, and, when requested by the Trustee (or
Custodian, if applicable), to furnish the Trustee (or Custodian, if applicable) with instructions, in writing, on matters pertaining to
the Plan on which the Trustee (or Custodian, if applicable) may rely and act;
6. to prepare and file such disclosures and tax forms as may be required from time to time by the Secretary of Labor or the
Secretary of the Treasury;
7. to furnish each Employee, Participant, or Beneficiary such notices, information, and reports under such circumstances as may be
required by law; and
ons
under the Plan are performed in a manner that is acceptable under the Plan and applicable law.
1. to appoint and retain such persons as may be necessary to carry out the functions of the Plan Administrator;
2. to appoint and retain counsel, specialists, or other persons as the Plan Administrator deems necessary or advisable in the
administration of the Plan;
4. to establish such uniform and nondiscriminatory rules that it deems necessary to carry out the terms of the Plan;
5. to make any adjustments in a uniform and nondiscriminatory manner that it deems necessary to correct any arithmetical or
accounting errors that may have been made for any Plan Year;
6. to correct any defect, supply any omission, or reconcile any inconsistency in such manner and to such extent as will be deemed
necessary or advisable to carry out the purpose of the Plan; and
7. if the Plan permits a form of distribution other than a lump sum, and a Participant elects such form of distribution, the Plan
1. The Pre-approved Document Provider has the power to amend the Plan without any further action or consent of the Employer
as the Pre-approved Document Provider deems either necessary for the purpose of adjusting the Plan to comply with all laws
and regulations governing pension or profit sharing plans or desirable to the extent consistent with such laws and regulations.
Specifically, it is understood that the amendments may be made unilaterally by the Pre-approved Document Provider. However,
it will be understood that the Pre-approved Document Provider will be under no obligation to amend the Plan documents, and
the Employer expressly waives any rights or claims against the Pre-approved Document Provider for not exercising this power to
amend. For purposes of Pre-approved Document Provider amendments, the mass submitter will generally be recognized as the
agent of the Pre-approved Document Provider. If the Pre-approved Document Provider does not adopt IRS model amendments
adopted by the mass submitter, the Plan will no longer be identical to or a minor modifier of the mass submitter plan and will be
considered an individually designed plan. Notwithstanding the preceding, the adoption of good faith IRS amendments must be
accomplished pursuant to the rules for each such amendment as prescribed by the IRS.
However, for purposes of reliance on an opinion letter, the Pre-approved Document Provider will no longer have the authority to
amend the Plan on behalf of the Employer as of the date the Employer amends the Plan to incorporate a type of plan that is not
permitted under the Revenue Procedure 2017-41 Pre-approved program, or as of the date the IRS notifies the Employer that the
Plan is an individually designed plan due to the nature and extent of
2. An amendment by the Pre-approved Document Provider will be accomplished by giving notice (either in writing or in any other
form permitted under rules promulgated by the IRS and DOL) to the Adopting Employer of the amendment to be made. The
notice will set forth the text of such amendment and the date such amendment is to be effective. Such amendment will take
effect unless within the 30-day period after such notice is provided, or within such shorter period as the notice may specify, the
Adopting Employer gives the Pre-approved Document Provider written notice of refusal to consent to the amendment. Such
written notice of refusal will have the effect of withdrawing the Plan as a pre-approved plan and will cause the Plan to be
considered an individually designed plan.
2. add overriding language in the Adoption Agreement when such language is necessary to satisfy Code section 415 or Code
section 416 because of the required aggregation of multiple plans;
3. amend administrative provisions of the Plan such as provisions relating to investments, claims procedures, and Employer contact
information provided the amended provisions are not in conflict with any other provision of the Plan and do not cause the Plan
to fail to qualify under section 401;
4. add certain sample and model amendments published by the IRS or other required good faith amendments, that specifically
provide that their adoption will not cause the Plan to be treated as individually designed;
5. add or change provisions permitted under the Plan or specify or change the Effective Date of a provision as permitted under the
Plan;
6. amend to adjust for limitations provided under sections 415, 402(g), 401(a)(17) and 414(q)(1)(B) to reflect annual cost- of-living
increases, other than to add automatic cost-of-living adjustments to the Plan; and
An Adopting Employer who wishes to amend the Plan shall document the amendment in writing, executed by a duly authorized
officer of the Adopting Employer. If the amendment is in the form of a restated Adoption Agreement, the amendment will become
effective on the date provided in the Adoption Agreement. Any other amendment will become effective as described therein upon
execution by the Adopting Employer and, if appropriate, the Trustee (or Custodian, if applicable). A copy of a restated Adoption
Agreement or other amendment must be provided to the Pre-approved Document Provider and the Trustee (or Custodian, if
applicable) before the effective date of the amendment.
The Adopting Employer further reserves the right to replace the Plan in its entirety by adopting another retirement plan which the
Adopting Employer designates as a replacement plan.
No amendment to the Plan will be effective to the extent that it has the effect of decreasing a
extent permitted under Code section 412(d)(2) or to the extent permitted under Treasury Regulations sections 1.411(d)-3 and
1.411(d)-4. For purposes of this paragraph, a Plan amendment that has the effect of decreasing a Participan nt with
respect to benefits attributable to service before the amendment will be treated as reducing an accrued benefit. For purposes of this
paragraph, a Participant will not accrue a right to an allocation of an Employer Profit Sharing Contribution for the current Plan Year
until the last day of such Plan Year and after the application of all amendments required or permitted by the IRS.
No amendment to the Plan will be effective to eliminate or restrict an optional form of benefit. The preceding sentence will not apply to a
Plan amendment that eliminates or restricts the ability of a Participant to receive payment of their Individual Account under a particular
optional form of benefit if the amendment provides a single-sum distribution form. Where this Plan document is being adopted to
7.08 PERMANENCY
The Employer expects to continue this Plan and make the necessary contributions thereto indefinitely, but such continuance and payment
is not assumed as a contractual obligation. Neither the Adoption Agreement nor the Plan nor any amendment or modification thereof nor
the making of contributions hereunder will be construed as giving any Participant or any other person any legal or equitable right against
the Employer, the Trustee (or Custodian, if applicable), the Plan Administrator, or the Pre-approved Document Provider except as
specifically provided herein, or as provided by law.
Notwithstanding anything to the contrary in the Plan, a reversion to the Employer of amounts contributed to the Plan that exceed the
limitations imposed under Code section 415(c) may occur upon termination of the Plan according to rules promulgated by the IRS.
7.11 CORRECTION
The Employer may correct operational errors or issues involving the Plan in accordance with correction programs established by or
guidance issued from the IRS or such other correction methods allowed by statute, regulation or regulatory authority. For example, the
Employer must correct any Excess Annual Additions allocated to a Participant, the inclusion of ineligible employees or the exclusion of
eligible Participants using any method permitted under the Employee Plans Compliance Resolution System (EPCRS) or allowed by the IRS
or DOL under regulations or other guidance. EPCRS is currently described in Revenue Procedure 2016-51. To the extent that a correction
requires a repayment to the Plan of improperly distributed benefits, the Employer or Plan Administrator may take action to recover such
amounts from the respective Participants or Beneficiaries.
If the Plan fails to retain its qualified status, the Plan will no longer be considered to be part of a pre-approved plan, and such Employer
can no longer participate under this pre-approved. In such event, the Plan will be considered an individually designed plan.
In the event of any conflict between the provisions of this Basic Plan Document and provisions of the Adoption Agreement, the summary
plan description, or any related documents, the Basic Plan Document will control.
7.14 HEADINGS
The headings of the Plan have been inserted for convenience of reference only and are to be ignored in any construction of the provisions
hereof.
1. if the top-heavy ratio for this Plan exceeds 60 percent and this Plan is not part of any Required Aggregation Group or Permissive
Aggregation Group of plans;
2. if this Plan is part of a Required Aggregation Group of plans but not part of a Permissive Aggregation Group and the top-heavy
ratio for the group of plans exceeds 60 percent; or
3. if this Plan is a part of a Required Aggregation Group and part of a Permissive Aggregation Group of plans and the top-heavy
ratio for the Permissive Aggregation Group exceeds 60 percent.
B. Top-Heavy Ratio
1. If the Employer maintains one or more defined contribution plans (including any simplified employee pension plan) and the
Employer has not maintained any defined benefit plan that during the five-year period ending on the Determination Date(s) has
or has had accrued benefits, the top-heavy ratio for this Plan alone or for the Required or Permissive Aggregation Group as
appropriate is a fraction, the numerator of which is the sum of the account balances of all Key Employees as of the
Determination Date(s) (including any part of any account balance distributed in the one-year period ending on the
Determination Date(s) (five-year period ending on the Determination Date in the case of a distribution made for a reason other
than Severance from Employment, death, or Disability and in determining whether the Plan is top-heavy for Plan Years
5beginning before January 1, 2002)) and the denominator of which is the sum of all account balances (including any part of any
account balance distributed in the one-year period ending on the Determination Date(s), (five-year period ending on the
Determination Date in the case of a distribution made for a reason other than Severance from Employment, death, or Disability
and in determining whether the Plan is top-heavy for Plan Years beginning before January 1, 2002)) both computed in
accordance with Code section 416 and the corresponding regulations. Both the numerator and the denominator of the top-
heavy ratio are increased to reflect any contribution not actually made as of the Determination Date, but that is required to be
taken into account on that date under Code section 416 and the corresponding regulations.
2. If the Employer maintains one or more defined contribution plans (including any simplified employee pension plan) and the
Employer maintains or has maintained one or more defined benefit plans that during the five-year period ending on the
Determination Date(s) has or has had any accrued benefits, the top-heavy ratio for any Required or Permissive Aggregation Group,
as appropriate, is a fraction, the numerator of which is the sum of account balances under the aggregated defined contribution plan
or plans for all Key Employees, determined in accordance with 1) above, and the Present Value of accrued benefits under the
aggregated defined benefit plan or plans for all Key Employees as of the Determination Date(s), and the denominator of which is the
sum of the account balances under the aggregated defined contribution plan or plans for all Participants, determined in accordance
with 1) above, and the Present Value of accrued benefits under the defined benefit plan or plans for all Participants as of the
Determination Date(s), all determined in accordance with Code section 416 and the corresponding regulations. The accrued benefits
under a defined benefit plan in both the numerator and denominator of the top-heavy ratio are increased for any distribution of an
accrued benefit made in the one-year period ending on the Determination Date (five-year period ending on the Determination Date
in the case of a distribution made for a reason other than Severance from Employment, death, or Disability and in determining
whether the Plan is top-heavy for Plan Years beginning before January 1, 2002).
3. For purposes of (1) and (2) above, the value of account balances and the Present Value of accrued benefits will be determined as of
the most recent Valuation Date that falls within or ends with the 12-month period ending on the Determination Date, except as
provided in Code section 416 and the corresponding regulations for the first and second plan years of a defined benefit plan. The
account balances and accrued benefits of a Participant 1) who is not a Key Employee but who was a Key Employee in a prior year, or
2) who has not been credited with at least one Hour of Service with any employer maintaining the plan at any time during the one-
year period (five-year period ending on the Determination Date in the case of a distribution made for a reason other than Severance
from Employment, death, or Disability and in determining whether the Plan is top-heavy for Plan Years beginning before January 1,
2002) ending on the Determination Date will be disregarded. The calculation of the top-heavy ratio, and the extent to which
distributions, rollovers, and transfers are taken into account will be made in accordance with Code section 416 and the
corresponding regulations. Deductible employee contributions will not be taken into account for purposes of computing the top-
heavy ratio. When aggregating plans, the value of account balances and accrued benefits will be calculated with reference to the
Determination Dates that fall within the same calendar year.
The accrued benefit of a Participant other than a Key Employee will be determined under 1) the method, if any, that uniformly
applies for accrual purposes under all defined benefit plans maintained by the Employer, or 2) if there is no such method, as if such
benefit accrued not more rapidly than the slowest accrual rate permitted under the fractional rule of Code section 411(b)(1)(C).
1. shall treat such order as a Qualified Domestic Relations Order if the Plan Administrator is paying benefits pursuant to such order on
January 1, 1985; and
2. may treat any other such order entered before January 1, 1985, as a Qualified Domestic Relations Order even if such order does not
meet the requirements of Code section 414(p).
Notwithstanding any provision of the Plan to the contrary, a distribution to an Alternate Payee under a Qualified Domestic Relations Order
will be permitted even if the Participant affected by such order is not otherwise entitled to a distribution, and even if such Participant has
not attained the earliest retirement age as defined in Code section 414(p).
7.21 BONDING
Every Fiduciary and every person who handles funds or other property of the Plan shall be bonded to the extent required by ERISA section
412 and the corresponding regulations for purposes of protecting the Plan against loss by reason of acts of fraud or dishonesty on the
part of the person, group, or class, alone or in connivance with others, to be covered by such bond. The amount of the bond will be fixed
at the beginning of each Plan Year and will not be less than ten-percent of the amount of funds handled. The amount of funds handled will
be determined by the funds handled the previous Plan Year or, if none, the amount of funds estimated, in accordance with rules provided
by the Secretary of Labor, to be handled during the current Plan Year. Notwithstanding the preceding, no bond will be less than $1,000 nor
more than $500,000, except that the Secretary of Labor will have the right to prescribe an amount in excess of $500,000. In the case of a
Plan that holds employer securities (within the meaning of ERISA section 407(d)(1)), the maximum bond amount is $1,000,000 or such
other amount as the Secretary of Labor prescribes.
Each Participant will have the responsibility for directing the Trustee (or Custodian, if
provided for under a separate agreement between the Adopting Employer and the Custodian), regarding the investment of all or part
of their Individual Account. If all of the requirements pertaining to Participant direction of investment in ERISA section 404(c)(1) are
satisfied, then to the extent so directed, the Adopting Employer, Plan Administrator, Trustee, Custodian (if applicable), and all other
Fiduciaries are relieved of Fiduciary liability under ERISA section 404.
The Plan Administrator shall direct that a Separate Fund be established in the name of each Participant who directs the investment of part
or all of their Individual Account. Each Separate Fund will be charged or credited (as appropriate) with the earnings, gains, losses, or
ual direction. The
assets subject to individual direction will not be invested in collectibles as that term is defined in Code section 408(m).
The Plan Administrator shall establish such uniform and nondiscriminatory rules relating to individual direction as it deems necessary or
ually directed,
2) the frequency of investment changes, 3) the forms and procedures for making investment changes, and 4) the effect of a Parti
failure to make a valid direction.
Notwithstanding any provision hereof to the contrary, if the Trustee does not have the authority or discretion to select the
appropriate investments for the Fund, such Participants will furnish investment instruction to the Plan Administrator under procedures
adopted by the Adopting Employer and/or the Plan Administrator consistent with the Plan, and it will be the responsibility of the Plan
Administrator to provide direction to such Trustee regarding the investment of such amounts. If a Participant who has the right to
direct investments under the terms of the Plan fails to provide such direction to the Plan Administrator, the Plan Administrator shall
rest of
each Participant and/or Beneficiary in the Fund unless the Trustee enters into a written agreement with the Adopting Employer to
keep separate accounts for each such Participant or Beneficiary.
at the direction of the investment manager. The investment manager so appointed shall direct the Trustee (or Custodian, if
applicable) with respect to the investment of such Investment Fund. The investments that may be acquired at the direction of
the investment manager are those described in Plan Section 7.22(D).
Custodian, if applicable) will comply with the investment direction given to it by the investment manager and will not be liable for any
loss which may result by reason of any action (or inaction) it takes at the direction of the investment manager.
The Trustee (or Custodian, if applicable) may invest the assets of the Plan in property of any character, real or
personal, including, but not limited to, the following: stocks, including Qualifying Employer Securities, and including shares of open-end
investment companies (mutual funds); bonds; notes; debentures; proprietary mutual funds; deposit accounts; options; limited partnership
interests; mortgages; real estate or any interests therein (including Qualifying Employer Real Property); unit investment trusts; Treasury
Bills, and other U.S. Government obligations; common trust funds, combined investment trusts, collective trust funds or commingled
funds maintained by a bank or similar financial organization (whether or not the Trustee hereunder); savings accounts, certificates of
deposit, demand or time deposits or money market accounts of a bank or similar financial organization (whether or not the Trustee
policies; or in
such other investments as is deemed proper without regard to investments authorized by statute or rule of law governing the investment
of trust funds but with regard to ERISA and this Plan. Notwithstanding the preceding sentence, the Pre-approved Document Provider
may, as a condition of making the Plan available to the Adopting Employer, limit the types of property in which the assets of the Plan may
be invested. The list of permissible investment options will be further limited in accordance with any applicable law, regulations, or other
restrictions applicable to the Trustee or Custodian, including, but not limited to, internal operational procedures adopted by such Trustee
(or Custodian, if applicable). The actions of a Trustee who has the authority or discretion to select the appropriate investments for the
Fund will also be subject to the funding policy statement provided by the Adopting Employer. If any Trustee (or Custodian, if applicable)
invests all or any portion of the Fund pursuant to written instructions provided by the Adopting Employer (including an investment
manager appointed by the Adopting Employer pursuant to Plan Section 7.22(C)) or any Participant pursuant to Plan Section 7.22(B), the
Trustee (or Custodian, if applicable) will be deemed to have inve ent.
To the extent the assets of the Plan are invested in a group trust, including a collective trust fund or commingled funds maintained by
a bank or similar financial organization, the declaration of trust of such composite trust will be deemed to be a part of the Plan, and
any investment in such composite trust will be subject to all of the provisions of such declaration of trust, as the same may be
amended or supplemented from time to time.
If the responsibility for directing investments for Elective Deferrals (and earnings) is executed by someone other than the Participants,
the acquisition of Qualifying Employer Securities and Qualifying Employer Real Property will be limited to ten-percent of the fair
market value of the assets of the Plan, to the extent required by ERISA section 407(b)(2).
E. Intentionally Omitted
2.
Employer Contributions other than Elective Deferrals that are invested in employer securities, a Participant who has completed at
least three Years of Vesting Service (Periods of Service, if applicable), an Alternative Payee with respect to a Participant who has
completed at least three Years of Vesting Service (Periods of Service, if applicable), or a Beneficiary, as applicable, may elect to
direct the Plan to divest any such securities and to reinvest an equivalent amount in other investments that meet the investment
option requirements below. Notwithstanding the preceding, if the Plan provides for immediate vesting, the three years of service
requirement will be satisfied on the day immediately preceding the third anniversary of the
4. stock
ownership plan (ESOP) if 1) there are no contributions or earnings in the ESOP that are held within such plan and that are subject to
Code sections 401(k) or (m), and 2) such plan is a separate plan for purposes of Code section 414(l) with respect to any other
defined benefit plan or defined contribution plan maintained by the same employer or employers, or to a retirement plan where
employer securities are held in an investment fund as described in Treasury Regulation section 1.401(a)(35)-1(f)(2)(B)(3)(ii).
5.
attributable to Employer Contributions other than Elective Deferrals that are invested in employer securities, including, a
Participant who has completed at least three Years of Vesting Service (Periods of Service, if applicable), an Alternate Payee with
respect to a Participant who has completed at least three Years of Vesting Service (Periods of Service, if applicable), or a
Beneficiary, as applicable, the employer securities acquired in a Plan Year beginning before January 1, 2007, will be subject to the
following divestiture and reinvestment transition schedule, which applies separately with respect to each class of securities.
For the Plan Year in which diversification requirement applies, the applicable percentage subject to diversification is:
First. . . . . . . . . . . . . . . . 33%
Second. . . . . . . . . . . . . . 66%
Third. . . . . . . . . . . . . . .100%
This three-year phase-in requirement does not apply to a Participant who has attained age 55 and who has completed
at least three Years of Vesting Service (Periods of Service, if applicable) before the first Plan Year beginning after
December 31, 2005.
Notwithstanding the preceding, if the Plan provides for immediate vesting, the three-years-of-service requirement will be
satisfied on the day immediately preceding the thir
B. The Plan will not be treated as failing to meet the requirements of the Code, which generally prohibits payment of benefits before the
Severance from Employment, as applicable, with the Employer, solely by reason of
payments to an Alternate Payee pursuant to a Qualified Domestic Relations Order.
1. the Plan Administrator shall promptly notify the Participant and any other Alternate Payee of the receipt of such order and the
status of Domestic Relations Orders; and
2. within a reasonable period after receipt of such order, the Plan Administrator shall determine whether such order is a Qualified
Domestic Relations Order and notify the Participant and each Alternate Payee of such determination.
The Plan Administrator shall establish reasonable procedures to determine the qualified status of Domestic Relations Orders and to
administer distributions under such qualified orders.
D. During any period in which the issue of whether a Domestic Relations Order is a Qualified Domestic Relations Order is being
determined by the Plan Administrator, by a court of competent jurisdiction, or otherwise, the Plan Administrator shall segregate in a
separate account in the Plan or in an escrow account the amounts which would have been payable to the Alternate Payee during such
period if the order had been determined to be a Qualified Domestic Relations Order. If within 18 months the order or modification
thereof is determined to be a Qualified Domestic Relations Order, the Plan Administrator shall pay the segregated amounts (plus any
interest thereon) to the person or persons entitled thereto. If within 18 months either 1) it is determined that the order is not a
Qualified Domestic Relations Order, or 2) the issue as to whether such order is a Qualified Domestic Relations Order is not resolved,
then the Plan Administrator shall pay the segregated amounts (plus any interest thereon) to the person or persons who would have
been entitled to such amounts if there had been no order. Any determination that an order is a Qualified Domestic Relations Order
that is made after the close of the 18-month period will be applied prospectively only.
A. Benefit Accrual in the Case of Death or Disability Resulting from Active Military Service.
ry
service (as defined in Code section 414(u)) will be treated as if the individual resumed employment in accordance with the
the day preceding death or Disability (as applicable) and terminated employment on the actual date of death or Disability. Subject
to items (2) and (3) below, any full or partial compliance by the Plan with respect to the benefit accrual requirements will be treated
for purposes of Code section 414(u)(1) as if such compliance were required under USERRA.
a. the 12-month period of service with the Employer immediately before qualified military service (as defined in Code section
414(u)), or
b. if service with the Employer is less than such 12-month period, the actual length of continuous service with the Employer.
n individual
who becomes disabled while performing qualified military service (as defined in Code section 414(u)) will be treated as if the
Disability (as applicable) and terminated employment on the actual date of Disability. If the Employer elects to treat an individual as
having resumed employment as described above, subject to item (2) below, compliance by the Plan with respect to the vesting
requirements will be treated for purposes of Code section 414(u)(1) as if such compliance were required under USERRA.
luding
the rules provided in Treasury Regulation section 1.401(a)(4)-11(d)(3), which provides nondiscrimination rules for crediting imputed
service. Under Treasury Regulation section 1.401(a)(4)-11(d)(3), the provisions crediting vesting service to any Highly Compensated
Employee must apply on the same terms to all similarly situated non-Highly Compensated Employees.
In the case of an individual Participant who dies on or after January 1, 2007, while performing qualified military
ivors are entitled to any additional benefits (other than benefit
accruals relating to the period of qualified military service) provided under the Plan had the Participant resumed employment with the
Employer and then terminated employment on account of death.
The Basic Plan Document section entitled Distributions is modified by replacing Section 5.07(C)(2)(a) and (b) with the following:
a. Hardship Withdrawals of Employer Profit Sharing Contributions - Notwithstanding Plan Section 5.01(C)(1), an Employee may elect to
receive a hardship distribution of all or part of the Vested portion of their Individual Account attributable to Employer Contributions
other than those described in Plan Section 5.01(A)(2), subject to the requirements of Plan Section 5.10.
For purposes of this Plan Section 5.01(C)(2)(a), hardship is defined as an immediate and heavy financial need of the Employee
where such Employee lacks other available resources. Financial needs considered immediate and heavy include, but are not limited
to, 1) expenses incurred or necessary for medical care, described in Code section 213(d), of the Employee, the Employee's Spouse,
dependents, or the Employee's Primary Beneficiary, 2) the purchase (excluding mortgage payments) of a principal residence for the
Employee, 3) payment of tuition and related educational fees for the next 12 months of post-secondary education for the
Employee, the Employee's Spouse, children, dependents, or the Employee's Primary Beneficiary, 4) payment to prevent the eviction
of the Employee from, or a foreclosure on the mortgage of, the Employee's principal residence, 5) funeral or burial expenses for the
Employee's deceased parent, Spouse, child, dependent, or the Employee's Primary Beneficiary, 6) payment to repair damage to the
Employee's principal residence that would qualify for a casualty loss deduction under Code section 165 (determined without regard
to Code section 165(h)(5) and whether the loss exceeds ten-percent of adjusted gross income), and 7) effective for distributions on
or after January 1, 2018, expenses and losses (including loss of income) incurred by the Employee on account of a disaster declared
by the Federal Emergency Management Agency (FEMA), provided that the Employee's principal residence or principal place of
employment at the time of the disaster was located in an area designated by FEMA for individual assistance with respect to the
disaster and the Employee did not request a distribution from the Plan for such expenses and losses pursuant to Plan Section
5.01(D)(3).
A distribution will be considered necessary to satisfy an immediate and heavy financial need of the Employee only if
i. the Employee has obtained all currently available distributions (including distributions of ESOP dividends under Code section
404(k)), other than hardship distributions, under the Plan and all other qualified and nonqualified deferred compensation plans
of the Employer;
ii. the distribution is not in excess of the amount of an immediate and heavy financial need (including amounts necessary to pay
any federal, state, or local income taxes or penalties reasonably anticipated to result from the distribution); and
iii. effective for distributions on or after January 1, 2020, the Employee provided the Plan Administrator with a representation, in
writing (including by using an electronic medium as defined in Treasury Regulation section 1.401(a)-21(e)(3)), or in such other
form that may be permitted under rules promulgated by the IRS, that they have insufficient cash or other liquid assets
reasonably available to satisfy their financial need.
b. Hardship Withdrawals of Elective Deferrals- Distribution of Elective Deferrals, including any earnings credited to an Employee's
account, may be made to an Employee in the event of hardship. For the purposes of this Plan Section 5.01(C)(2)(b), hardship is
defined as an immediate and heavy financial need of the Employee where the distribution is needed to satisfy the immediate and
heavy financial need of such Employee. Hardship distributions are subject to the spousal consent requirements contained in Code
sections 401(a)(11) and 417, if applicable.
SIGNATURE
The Pre-approved Document Provider hereby adopts this Amendment on behalf of the Adopting Employers.
I401KPD 122020
27
Dear Applicant
In our opinion, the form of the plan identified above is acceptable for use by employers for the benefit of their
employees under Internal Revenue Code (IRC) Section 401
We considered the changes in qualification requirements in the 2017 Cumulative List of Notice 2017-37,
2017-29 Internal Revenue Bulletin (IRB) 89. Our opinion relates only to the acceptability of the form of the
plan under the IRC We did not consider the effect of other federal or local statutes
You must provide the following to each employer who adopts this plan'
A copy of this letter
A copy of the approved plan
Copies of any subsequent amendments including their dates of adoption
. Direct contact information including address and telephone number of the plan provider
Our opinion on the acceptability of the plan's form is a determination as to the qualification of the plan as
adopted by a particular employer only under the circumstances, and to the extent, described in Revenue
Procedure (Rev Proc.) 2017-41,2017-29 I.R B 92. The employer who adopts this plan can generally rely
on this letter to the extent described in Rev. Proc 2017-41. Thus, Employee Plans Determinations, except
as provided in Section 12 of Rev. Proc. 2020-4, 2020-01 I.R.B 148 (as updated annually), will not issue a
determination letter to an employer who adopts this plan. Review Rev Proc. 2020-4 to determine the
eligibility of an adopting employer, and the items needed, to submit a determination letter application The
employer must also follow the terms of the plan in operation.
An employer who adopts this plan may not rely on this letter if the coverage and contributions or benefits
under the employer's plan are more favorable for highly compensated employees, as defined in IRC Section
414(q).
Our opinion doesn't apply for purposes of IRC Sections 415 and 416 if an employer maintains or ever
maintained another qualified plan for one or more employees covered by this plan. For this purpose, we will
not consider the employer to have maintained another defined contribution plan provided both of the following
are true.
. The employer terminated the other plan before the effective date of this plan
. No annual additions were credited to any participant's account under the other plan as of any date within the
limitation year of this plan
Also, for this purpose, we'll consider an employer as maintaining another defined contribution plan if the
THE VANGUARD GROUP
FFN. 31770242702-001
Page: 2
An employer who adopts this plan may not rely on an opinion letter for either of the following
. If the timing of any amendment or series of amendments to the plan satisfies the nondiscrimination
requirements of Treasury Regulations 1.401(a)(4)-5(a), except with respect to plan amendments granting
past service that meet the safe harbor described in Treasury Regulations 1 401(a)(4)-5(a)(3) and are not part
of a pattern of amendments that significantly discriminates in favor of highly compensated employees
If the plan satisfies the effective availability requirement of Treasury Regulations 1 401 (a)(4)-4(c) for any
benefit, right, or feature
An employer who adopts this plan as an amendment to a plan other than a standardized plan may not rely on
this opinion letter about whether a prospectively eliminated benefit, right, or other feature satisfies the current
availability requirements of Treasury Regulations 1.401(a)(4)-4.
Our opinion doesn't apply to Treasury Regulations 1.401 (a)-1 (b)(2) requirements for a money purchase plan
or target benefit plan where the normal retirement age under the employer's plan is lower than age 62
Our opinion doesn't constitute a determination that the plan is an IRC Section 414(d) governmental plan
This letter is not a ruling with respect to the tax treatment to be given contributions that are picked up by the
governmental employing unit within the meaning of IRC Section 414(h)(2).
Our opinion doesn't constitute a determination that the plan is an IRC Section 414(e) church plan
Our opinion may not be relied on by a non-electing church plan for rules governing pre-ERISA participation
and coverage
The provisions of this plan override any conflicting provision contained in the trust or custodial account
documents used with the plan, and an adopting employer may not rely on this letter to the extent that
provisions of a trust or custodial account that are a separate portion of the plan override or conflict with the
provisions of the plan document This opinion letter does not cover any provisions in trust or custodial account
documents
An employer who adopts this plan may not rely on this letter when'
. the plan is being used to amend or restate a plan of the employer which was not previously qualified
. the employer's adoption of the plan precedes the issuance of the letter
. the employer doesn't correctly complete the adoption agreement or other elective provisions in the plan
. the plan is not identical to the pre-approved plan (that is, the employer has made amendments that cause
the plan not to be considered identical to the pre-approved plan, as described in Section 8.03 of Rev Proc
2017-41)
Our opinion doesn't apply to what is contained in any documents referenced outside the plan or adoption
agreement, if applicable, such as a collective bargaining agreement.
Our opinion doesn't consider issues under Title I of the Employee Retirement Income Security Act (ERISA)
which are administered by the Department of Labor.
If you, the pre-approved plan provider, have questions about the status of this case, you can call the
telephone number at the top of the first page of this letter This number is only for the provider's use.
Individual participants or adopting eligible employers with questions about the plan should contact you.
THE VANGUARD GROUP
FFN 31770242702-001
Page. 3
You must include your address and telephone number on the pre-approved plan or the plan's adoption
agreement, if applicable, so that adopting employers can contact you directly.
if you write to us about this plan, provide your telephone number and the best time to call if we need more
information Whether you call or write, refer to the letter serial number and file folder number at the top of the
first page of this letter.
Khin M Chow
Director, EP Rulings & Agreements