PROFIT-SHARING PLAN FOR SELF-EMPLOYED INDIVIDUALS

The following document is a model profit-sharing plan that is intended to give you an idea of what
a typical profit-sharing plan contains. You can modify this form to meet your specific
circumstances. Of course, if you intend to use this plan, you should make sure that your attorney
reviews it and approves any changes you make.
Sample
TABLE OF CONTENTS
Article
Preamble
I P!r"#$e a%& De'i%iti#%$
Preamble
Purpose
Definitions
Construction
II Ser(ice Cre&it a%& Partici"ati#%
Hour of Service
Service
Break in Service
Loss of Service
Multiple Trades and Businesses
Participation Originating Under Tis Plan
Cessation of Participation Service and !eentr"
III C#%trib!ti#%$
Contributions b" #mplo"er
Member $oluntar" Contributions
Member $oluntar" Contributions %&lternate'
IV I%&i(i&!al Acc#!%t$ a%& All#cati#%$
#stablisment of (ndividual &ccounts
&llocation of #mplo"er Contributions
&llocation of )ains and Losses
&llocation of *orfeitures
+otification to Members
V Retireme%t
Benefit
VI Deat)
Designation of Beneficiar"
Benefit
+o Beneficiar"
VII Di$abilit*
Benefit
VIII Termi%ati#% #' Em"l#*me%t+ a%& F#r'eit!re$
#ligibilit"
Benefit
*orfeitures
#arl" !etirement
I, Di$trib!ti#% N#tice$ a%& Met)#&$ #' Pa*me%t
+otice to Trustee
Subse,uent +otices
Time and Metods of Pa"ment
Limitations on Pa"ment
Minorit" or Disabilit" Pa"ments
, S"ecial G#(er%me%tal Re-!ireme%t$
Limit on &nnual &dditions Under Code Section -./
Top0Heav" !estrictions
,I A&mi%i$trati#%
&ppointment of Committee
Committee Po1ers and Duties
Claims Procedure
Committee Procedures
&utori2ation of Benefit Pa"ments
Pa"ment of #3penses
Unclaimed Benefits
,II Tr!$t F!%&
#stablisment of Trust *und
Pa"ment of Contributions to Trust *und
,III Ame%&me%t$
!igt to &mend
,IV .it)&ra/al a%& Termi%ati#%
Transfers of Plan &ssets and Plan Mergers
Plan Termination
Suspension and Discontinuance of Contributions and Plan
Termination
Li,uidation of Trust *und
,V Ge%eral Pr#(i$i#%$
+onguarantee of #mplo"ment
Manner of Pa"ment
+onalienation of Benefits
&mounts !eturnable to te #mplo"er
)overning La1
PROFIT-SHARING PLAN FOR SELF-EMPLOYED INDIVIDUALS OF
0c#m"a%* %ame1
Preamble
4Compan" name56 organi2ed and e3isting under te la1s of te State of 4name of state56 ereb"
establises a profit0saring plan for its emplo"ees as ereinafter defined6 effective 4te effective
date57
Said organi2ation6 as part of te aforesaid Plan6 adopts concurrentl" ere1it a Trust
agreement creating a Trust *und %ereinafter at times referred to as te 8*und8'6 to 1ic
contributions sall be made and from 1ic benefits sall be paid in accordance 1it te terms
and conditions tereof7
Te Plan ereb" establised is conditioned upon its ,ualification under Section -9.%a' of te
(nternal !evenue Code of .:;<6 as amended from time to time6 1it emplo"er contributions being
deductible under Section -9- of te (nternal !evenue Code or an" oter applicable sections
tereof6 as amended from time to time7 Te Plan is intended to ,ualif" as a profit0saring plan7
Te terms and conditions of te Plan follo17
Article I P!r"#$e a%& De'i%iti#%$
22 P!r"#$e3 Te purpose of tis Plan is to encourage #mplo"ees to save and invest6
s"stematicall"6 a portion of teir current Compensation in order tat te" ma" ave a source of
additional income upon teir !etirement or Disabilit"6 or for teir famil" in te event of deat7 Te
benefits provided b" tis Plan 1ill be paid from te Trust *und and 1ill be in addition to te
benefits #mplo"ees are entitled to receive under an" oter programs of te #mplo"er7
Tis Plan and te separate related Trust forming a part ereof are establised and sall be
maintained for te e3clusive benefit of te eligible #mplo"ees of te #mplo"er and teir
Beneficiaries7 +o part of te Trust *und can ever revert to te #mplo"er or be used for or diverted
to an" oter purpose oter tan for te e3clusive benefit of te #mplo"ees of te #mplo"er and
teir Beneficiaries6 e3cept as provided in Section .;7- ereof7
24 De'i%iti#%$3 =ere te follo1ing 1ords and prases appear in tis Plan6 te" sall ave
te respective meanings set fort belo16 unless te conte3t clearl" indicates oter1ise>
(a) Allocation ate! Te date as of 1ic contributions are allocated ereunder6 1ic
sall be te last da" of te Plan ?ear7 Te Committee ma" use more fre,uent &llocation Dates if it
so desires7
(") Affiliated #mployer! &n" business entit" %including an #mplo"er ereunder' tat6
togeter 1it an #mplo"er ereunder6 constitutes a controlled group of corporations6 a group of
trades or businesses under common control6 or an affiliated service group6 all as defined in Code
Section -.- %sub@ect6 o1ever6 to te provisions of Code Section -./%' 1en appl"ing te
benefit limitations of Code Section -./'7
(c) $eneficiary! & person designated b" a Member to receive benefits ereunder upon te
deat of suc Member7
(d) %ode! Te (nternal !evenue Code of .:;<6 as amended from time to time7
(e) %ommittee! Te person or persons appointed to administer te Plan in accordance
1it &rticle A(( ereof7
(f) %ompensation! &s to O1ner0#mplo"ees and an" partner 1o o1ns less tan ten
percent %.9B' capital or profits interest in te trade or business6 Compensation means te
#arned (ncome of suc individual6 1ic is net income from self0emplo"ment derived from te
business 1it respect to 1ic te Plan is establised6 provided is personal services are a
material income producing factor in suc business6 determined 1itout regard to items 1ic are
not included in gross income for purposes of federal income ta3 and te deductions properl"
allocable to or cargeable against suc items6 and determined after deduction for contributions on
bealf of said O1ner0#mplo"ee and all oter #mplo"ees7 #arned (ncome also includes gains
1ic are not treated under te Code as gains from te sale or e3cange of capital assets and
net earnings derived from te sale or oter disposition of6 te transfer of an" interest in6 or te
licensing of te use of propert" %oter tan good1ill' b" an individual 1ose efforts created suc
propert"7 (t is te intent of te foregoing to incorporate te definition of earned income as set fort
in Section -9.%c'%C' of te Code7
&s to an" oter #mplo"ee6 te total cas remuneration paid to te #mplo"ee for a
calendar "ear b" an #mplo"er %or predecessor compan"' for personal services as reported on te
#mplo"eeDs federal income ta3 1itolding statement or statements %*orm =0C or its subse,uent
e,uivalent'7
#ffective for te Plan ?ear beginning in .:;:6 tis Plan sall not take into consideration
compensation in e3cess of EC9969996 as inde3ed under Code Section -./6 in computing an" Plan
benefits7
(g) %overed #mployment! Te emplo"ment categor" for 1ic te Plan is maintained6
1ic includes an" emplo"ment 1it te #mplo"er7
(h) isa"ility! & p"sical or mental condition 1ic6 in te @udgment of te Committee6
totall" and presumabl" permanentl" prevents an #mplo"ee from engaging in substantial gainful
emplo"ment 1it is #mplo"er7
(i) #ffective ate! 4effective date57
(&) #mployee! &n" person 1o6 on or after te #ffective Date6 is receiving remuneration
for personal services rendered as a common la1 emplo"ee of te #mplo"er or &ffiliated #mplo"er
%or 1o 1ould be receiving suc remuneration e3cept for an autori2ed Leave of &bsence'6 or
an" O1ner #mplo"ee6 or a partner 1o as less tan a ten percent %.9B' capital or profits
interest in te trade or business7
Tis Plan sall not cover leased emplo"ees7 *or tis purpose6 a 8leased emplo"ee8
means an" person 1o on or after December F.6 .:;<6 and pursuant to an agreement bet1een
te #mplo"er and an" oter person %8leasing organi2ation8' as performed services for te
#mplo"er %or for te #mplo"er and related persons determined in accordance 1it Section -.-%n'
of te Code' on a substantiall" full0time basis for a period of at least one "ear and suc services
are of a t"pe istoricall" performed b" emplo"ees in te business field of te #mplo"er7
NOTE3 'eased employees will generally "e considered as employees for purposes of the
minimum coverage tests under (ection )*+(") of the %ode. Thus certain plans will have to
e,tend coverage to leased employees in order to "e -ualified. 'eased employees do not have to
"e considered if the employer leases less than .+/ of its workforce, provided the leasing
organi0ation maintains a 1safe har"or1 plan which provides a *+/ contri"ution and meets certain
other conditions. (ee %ode (ection )*)(n).
(k) #mployer! 4compan" name57
(l) #23(A! Te #mplo"ee !etirement (ncome Securit" &ct of .:G-6 as amended from time
to time7
(m) 3ndividual Account! #ac of te accounts maintained b" te Committee so1ing te
individual interests in te Trust *und of eac Member6 former Member6 and Beneficiar"6 as
described in Section /7. ereof7
(n) 'eave of A"sence! &n" absence from service autori2ed b" an #mplo"er under suc
#mplo"erDs standard personnel practices6 provided tat all persons under similar circumstances
must be treated alike in te granting of suc Leaves of &bsence6 and provided furter tat te
#mplo"ee returns or retires 1itin te period specified in te autori2ed Leave of &bsence7
(o) 'imitation Year! Te "ear used in appl"ing Code Section -./6 1ic "ear is 4te "ear
"ou 1ant to use to appl" Code Sec7 -./57
(p) 4em"er! &n #mplo"ee 1o as met te eligibilit" re,uirements for participation set
fort in &rticle (( ereof6 or a former Member for 1om an (ndividual &ccount continues to be
maintained ereunder7
(-) 5ormal 2etirement ate! Te si3t"0fift %</t' birtda" of a Member7
(r) Owner-#mployee! & sole proprietor or partner 1o o1ns more tan ten percent %.9B'
of eiter te capital interest or profits interest of a trade or business7
%s) 6lan! 4+ame of te plan56 te Plan set fort erein as amended from time to time7
(t) 6lan Administrator! 4+ame of plan administrator57

(u) 6lan Year! #ac annual period beginning on 4plan "ear starting date5 and ending on
4plan "ear ending date57
(v) 2etirement! Termination of emplo"ment 1it all &ffiliated #mplo"ers after a Member
as reaced is +ormal !etirement Date7 !etirement sall be considered as commencing on te
da" immediatel" follo1ing a MemberDs last da" of emplo"ment %or autori2ed Leave of &bsence6 if
later'7
(w) (ervice! & period or periods of emplo"ment of an #mplo"ee as described in &rticle ((
ereof7
%,) Trust Agreement! 4+ame of trust agreement56 as amended from time to time6 1ic
constitutes a part of tis Plan7
(y) Trust or Trust 7und! Te fund maintained in accordance 1it te terms of te Trust
&greement7
(0) Trustee! Te corporation or individuals appointed b" te #mplo"er to administer te
Trust in accordance 1it te Trust &greement7
(aa) 8aluation ate! Te date as of 1ic te Trust *und is valued and gains or losses
allocated6 1ic sall be te last da" of eac Plan ?ear7 Te Committee ma" use more fre,uent
$aluation Dates if it so desires7
25 C#%$tr!cti#%3 Te masculine gender6 1ere appearing in te Plan6 sall be deemed to
include te feminine gender6 unless te conte3t indicates to te contrar"7
Article II Ser(ice Cre&it a%& Partici"ati#%
42 H#!r #' Ser(ice3
%a' 9ours of (ervice %redit :sed for All 6urposes! &n Hour of Service is an" our for
1ic an #mplo"ee is directl" or indirectl" paid or entitled to pa"ment for te performance of
duties %irrespective of 1eter te emplo"ment relationsip as terminated' or for certain reasons
oter tan te performance of duties6 including an" our for 1ic back pa" %irrespective of
mitigation of damages' is due6 b" te #mplo"er or &ffiliated #mplo"er7
Suc pa"ment for reasons oter tan te performance of duties must be due to vacation6
olida"6 illness6 incapacit" %including disabilit"'6 la"0off6 @ur" dut"6 militar" dut"6 or Leave of
&bsenceH provided6 o1ever6 tat no Hour of Service need be credited for pa"ments received
solel" for te purpose of compl"ing 1it applicable 1orkersD compensation or unemplo"ment or
disabilit" insurance la1s or for pa"ments received solel" for reimbursing te #mplo"ee for
medical or medicall" related e3penses7 (t is furter provided tat no more tan five undred one
%/9.' Hours of Service credit need be given for eac single continuous period for 1ic an
#mplo"ee is paid for reasons oter tan te performance of duties7 Te determination of suc
Hours of Service for te nonperformance of duties sall be in accordance 1it Section
C/F97C99b0C%b' of te Minimum Standards !egulations prescribed b" te Secretar" of Labor7
Hours of Service credit at te rate of fort" %-9' ours per 1eek sall also be granted for
an" nonpaid period of absence autori2ed b" te #mplo"er in accordance 1it its uniform Leave
of &bsence polic" for granting suc credit or for militar" dut" to te e3tent re,uired under federal
la17
#ac Hour of Service earned b" an" #mplo"ee sall be credited to im as of te time
1en e actuall" earned suc Hour e3cept as oter1ise permissible or re,uired under Section
C/F97C99b0C%c' of te Minimum Standards !egulations prescribed b" te Secretar" of Labor7 (n
no event 1ill an #mplo"ee receive credit for te same Hours of Service more tan once7
%b' 9ours of (ervice %redit :sed Only for 6urposes of etermination of $reaks in
(ervice! Solel" for purposes of determining 1eter an #mplo"ee as incurred a one %.' "ear
Break in Service6 Hours of Service Credit sall be given %if not alread" given under %a' above in
tis Section' for an" absence6 beginning after December F.6 .:;-6 b" reason of pregnanc" of te
#mplo"ee6 birt of te #mplo"eeDs cild6 placement of a cild 1it te #mplo"ee in connection
1it te adoption of suc cild b" said #mplo"ee6 and absence for purposes of caring for suc
cild for a period beginning immediatel" follo1ing suc birt or placement7
+o more tan five undred one %/9.' Hours of Service Credit need be given for suc
periods of absence6 and te credit given sall be te Hours of Service 1ic oter1ise 1ould
normall" ave been credited to suc #mplo"ee but for suc absence7 (n an" case in 1ic ourl"
records are not maintained6 Hours of Service credit sall be given at te rate of eigt %;' ours for
eac da" of suc absence7
Said Hours of Service sall be credited in te t1elve %.C' mont computation period
specified under Section C7C ereof during 1ic said absence began onl" if te #mplo"ee 1ould
be prevented from incurring a Break in Service in said period b" treating said periods of absence
as Hours of ServiceH o1ever6 if said #mplo"ee 1ould not incur a Break in Service during said
period6 suc Hours of Service sall be credited in te immediatel" follo1ing period7
44 Ser(ice3 Service is te period of emplo"ment used in determining eligibilit" for participation
in tis Plan6 as 1ell as in determining eligibilit" for benefits7 Sub@ect to te loss of service rules
belo1 in tis &rticle6 a "ear of Service is te t1elve %.C' mont period beginning 1it te date of
te #mplo"eeDs first Hour of Service if e completes at least one tousand %.6999' Hours of
Service during suc t1elve %.C' mont period6 and is an" Plan ?ear follo1ing suc date during
1ic e completes at least one tousand %.6999' Hours of Service7
45 Brea6 i% Ser(ice3 *or purposes of determining Service6 an #mplo"ee sall ave a "ear of
Break in Service for te t1elve %.C' mont period beginning 1it te date of is first Hour of
Service and for an" Plan ?ear follo1ing suc date if during suc t1elve %.C' mont period of suc
Plan ?ear e completes five undred %/99' or fe1er Hours of Service7
47 L#$$ #' Ser(ice3 (f an #mplo"ee 1o does not ave an" vested benefit ereunder as a
termination of emplo"ment tat results in at least five %/' consecutive "ears of Breaks in Service
tat are e,ual to or greater tan te total "ears of Service6 ten e sall lose all suc prior
Service previousl" accrued ereunder7
48 M!lti"le Tra&e$ a%& B!$i%e$$e$3 (f tis Plan provides contributions or benefits for one or
more O1ner0#mplo"ees 1o control bot te business 1it respect to 1ic tis Plan is
establised and one or more oter trades or businesses6 tis Plan and te plan establised 1it
respect to suc oter trades or businesses must6 1en looked at as a single plan6 satisf" Code
Section -9.%a' and %d' 1it respect to te #mplo"ees of tis and all suc oter trades or
businesses7
(f tis Plan provides contributions or benefits for one or more O1ner0#mplo"ees 1o control
one or more oter trades or businesses6 te #mplo"ees of eac suc oter trade or business
must be included in a plan 1ic satisfies Code Sections -9.%a' and %d' and 1ic provides
contributions and benefits not less favorable tan provided for suc O1ner0#mplo"ees under tis
Plan7
(f an individual is covered as an O1ner0#mplo"ee under te plans of t1o or more trades or
businesses 1ic e does not control6 and suc individual controls a trade or business6 ten te
contributions or benefits of te #mplo"ees under te plan of te trade or business 1ic e does
control must be as favorable as tose provided for im under te most favorable plan of te trade
or business 1ic e does not control7
*or purposes of te preceding paragraps6 an O1ner0#mplo"ee6 or t1o %C' or more O1ner0
#mplo"ees6 sall be considered to control a trade or business if suc O1ner0#mplo"ee6 or suc
t1o %C' or more O1ner0#mplo"ees togeter>
%i' o1n te entire interest in an unincorporated trade or businessH or
%ii' in te case of a partnersip6 o1n more tan fift" percent %/9B' of eiter te capital
interest or te profits interest in suc partnersip7
49 Partici"ati#% Ori:i%ati%: U%&er T)i$ Pla%3 #ac #mplo"ee sall become a member in
tis Plan on te first da" of te mont %i7e76 8entr" date8' on 1ic e>
%a' is in Covered #mplo"mentH
%b' as attained is t1ent"0first %C.st' birtda"H and
%c' as completed a "ear of Service7
4; Ce$$ati#% #' Partici"ati#% Ser(ice a%& Ree%tr*3 (f an #mplo"ee as a "ear or more of
Breaks in Service6 or if e leaves Covered #mplo"ment6 before e as become a Member
ereunder6 e 1ill6 follo1ing suc Break in Service or interruption of Covered #mplo"ment6
become a Member on te first entr" date specified in Section C7< ereof after e meets te
re,uirements for participation specified in Section C7< ereof7 *or purposes of determining
1eter an #mplo"eeDs prior Participation Service is to be counted to1ard suc re,uirements6 te
provisions of Section C7- ereof sall be applicable7
(f an #mplo"ee as a "ear or more of Breaks in Service6 or if e leaves Covered #mplo"ment6
after e as become a Member ereunder but before e as an" vested benefit ereunder6 e
1ill cease is participation in tis Plan6 but 1ill6 immediatel" follo1ing suc Break in Service or
interruption of Covered #mplo"ment6 again become a Member provided e ten meets te
re,uirements for participation specified above in tis &rticle7 (f te #mplo"ee does not ten meet
suc re,uirements6 e sall become a Member on te first entr" date specified in Section C7<
ereof after e does meet suc re,uirements7 *or purposes of determining 1eter an
#mplo"eeDs prior Participation Service is to be counted to1ard suc re,uirements6 te provisions
of Section C7- ereof sall be applicable7
(f an #mplo"ee as a "ear or more of Breaks in Service6 or if e leaves Covered #mplo"ment6
after e as a vested benefit ereunder6 e 1ill cease is participation in tis Plan6 but 1ill6
immediatel" follo1ing suc Break in Service or interruption of Covered #mplo"ment6 again
become a Member ereunder6 provided e is in Covered #mplo"ment7
Article III C#%trib!ti#%$
52 C#%trib!ti#%$ b* Em"l#*er3 Te #mplo"er sall6 during a Plan ?ear6 contribute to te
Trust an amount determined at te #mplo"erDs discretion7 Suc contribution is for allocation6 in
accordance 1it Section -7C ereof6 among #mplo"er Contribution &ccounts of Members 1o> %i'
are emplo"ed b" te #mplo"er on te &llocation Date and %ii' ave completed at least one
tousand %.999' Hours of Service during suc Plan ?ear6 or %iii' ceased emplo"ment due to
!etirement6 Deat or Disabilit" since te last &llocation Date7
+ot1itstanding te above6 suc contributions sall be made onl" from te #mplo"erDs current
or retained earnings or profits and sall be limited to te amount deductible b" te #mplo"er
under Code Section -9-%a'7 Suc contributions sall be transmitted to te Trustee as soon as
practicable after suc contributions are made7
See <Alter%ate Secti#% 54<+ bel#/
NOTE3 The following section permits employee after-ta, contri"utions. 3f it is decided not
to allow after-ta, contri"utions, then the alternate (ection ;.. should "e used.
54 Member V#l!%tar* C#%trib!ti#%$3 =en e becomes a Member ereunder and as of te
beginning of eac Plan ?ear tereafter6 a Member ma"6 troug pa"roll deduction6 elect to make
voluntar" contributions ereunder %on an after0ta3 basis' in a 1ole dollar amount or a 1ole
percentage of is Compensation7
&n election to make suc contributions sall be made on suc forms and at suc times as te
Committee ma" prescribe and sall be effective on a Plan ?ear basis6 provided tat canges6
suspensions or discontinuance of contributions ma" be made b" te Member during a Plan ?ear
onl" if permitted b" te Committee7
& MemberDs contributions sall be transmitted to te Trustee of te Trust *und b" te #mplo"er
as soon as reasonabl" practicable6 but no later tan <9 da"s after te date on 1ic te
contribution 1as made7
NOTE3 The following paragraph allows mem"ers to withdraw their after-ta, contri"utions
while they are still employed. This is not re-uired to "e availa"le and can "e deleted if the
#mployer does not want the administrative work associated with such a provision.
& Member ma" 1itdra1 all or an" part of is #mplo"ee Contribution &ccount b" filing a 1ritten
application on a form to be prescribed b" te Committee6 1it at least tirt" %F9' da"sD advance
notice6 no more tan once in an" Plan ?ear7
Te emplo"ee contributions permissible under tis Section sall be sub@ect to te
nondiscrimination tests set fort in Section -9.%m' of te Code7 Te provisions of Section -9.%m'
of te Code and te regulations6 tereunder6 are ereb" incorporated b" reference7
Alter%ate Secti#% 54
NOTE3 #mployee after-ta, contri"utions are su"&ect to nondiscrimination tests under
(ection )+*(m) of the %ode for plan years "eginning after *<=>. The regulations allow a plan to
incorporate the re-uirements of (ection )+*(m) "y reference, as set forth in the a"ove
paragraph. The test is "asically the same used for pre-ta, contri"utions under (ection )+*(k) of
the %ode.
3f the 6lan does not allow employee after-ta, contri"utions, delete all references in the
6lan regarding employee contri"utions and #mployee %ontri"ution Accounts, and use the
following alternate (ection ;...
54 N# C#%trib!ti#%$ b* Member$3 Members are not re,uired or permitted to make an"
contributions under tis Plan7
Article IV I%&i(i&!al Acc#!%t$ a%& All#cati#%$
72 E$tabli$)me%t #' I%&i(i&!al Acc#!%t$3 Te Committee sall create and maintain
ade,uate records to reflect at all times te interest in te Trust *und of eac Member7 Suc
records sall be in te form of separate (ndividual &ccounts for eac Member 1o as an interest
in te Trust *und6 suc accounts to be referred to as follo1s>
%a' #mployer %ontri"ution Account! Te account representing contributions made b" te
#mplo"er under Section F7. ereof and gains or losses allocable tereto7
%b' #mployee %ontri"ution Account! Te account representing contributions made b"
Members under Section F7C ereof and gains or losses allocable tereto7
Credits and carges sall be made to suc accounts in te manner erein described7 Te
(ndividual &ccounts are primaril" for accounting purposes6 and a segregation of te assets of te
Trust *und to eac account b" te Trustee sall not be re,uired7 Distributions and 1itdra1als
made from an account sall be carged to te account as of te date 1en paid7
74 All#cati#% #' Em"l#*er C#%trib!ti#%$3 #ac contribution for Members eligible under
Section F7. ereof sall be allocated among eligible MembersD #mplo"er Contribution &ccounts
as of te &llocation Date 1ic falls on te last da" of te Plan ?ear for 1ic suc contribution is
made ereunder7 &llocations to an" Member sall be made on te basis of Compensation
received during te Plan ?ear 1ile e 1as a Member ereunder7 Suc allocations sall be made
to eac suc Member in te ratio tat suc Compensation for te Plan ?ear bears to te total of
all suc Compensation of all Members for te Plan ?ear7
75 All#cati#% #' Gai%$ a%& L#$$e$3 )ains or losses of te Trust *und sall be allocated as of
eac $aluation Date as follo1s>
%a' Te Committee sall6 before taking into account te contributions and te forfeitures
for te period since te last preceding $aluation Date6 determine te ten market value of te
*und and te net gain or loss of te *und from te preceding valuation6 including e3penses of
administration and carges against suc *und7
%b' Te Committee sall determine te total aggregate value of all (ndividual &ccounts as
so1n in its records for te preceding $aluation Date7 Te balance of an" suc (ndividual &ccount
sall be reduced b" an" amounts paid terefrom since te last $aluation Date7 Te balance sall
be te value used in %c' belo17
%c' Te Committee sall ten ad@ust te value of eac (ndividual &ccount b" crediting
eac suc (ndividual &ccount 1it its proportion of te net gain if tere is a gain or carging it 1it
its proportion of te net loss if tere is a lossH te proportion to be so credited or carged to eac
(ndividual &ccount sall be calculated b" multipl"ing suc gain or loss b" a fraction6 te numerator
of 1ic is te ten value of said (ndividual &ccount and te denominator of 1ic is te ten
aggregate value of all (ndividual &ccounts 1itin te Trust *und7
77 All#cati#% #' F#r'eit!re$3 *orfeitures sall be allocated as of te &llocation Date falling on
te last da" of te Plan ?ear7 &n" forfeiture sall be allocated as of te first suc &llocation Date
1ic occurs after suc forfeiture is available6 in accordance 1it Section ;7F ereof6 for
allocation7 (n order to be entitled to receive an allocation of a forfeiture to be allocated at te end
of an" Plan ?ear a Member must %i' be emplo"ed b" te #mplo"er on suc &llocation Date6 and
%ii' ave completed one tousand %.999' Hours of Service during suc Plan ?ear6 or %iii' ave
ceased emplo"ment due to !etirement6 Deat or Disabilit" since te last &llocation Date7
Te allocation to eac suc Member sall be in te ratio tat suc MemberDs Compensation
received during suc Plan ?ear 1ile e 1as a Member ereunder bears to te total of all suc
Compensation of all Members for suc Plan ?earH provided6 o1ever6 if forfeitures available for
allocation 1ould cause te limitation %under Code Section -./' described in Section .97. ereof
to be e3ceeded6 ten te amount b" 1ic suc forfeitures e3ceed te limitation sall be credited
to and eld unallocated in a suspense account until te ne3t succeeding &llocation Date 1en
suc amounts can be allocated 1itout e3ceeding suc limitation7
78 N#ti'icati#% t# Member$3 &t least once annuall" te Committee sall advise eac Member
for 1om an (ndividual &ccount is eld ereunder of te ten value of suc account7
Article V Retireme%t
82 Be%e'it3 Upon is +ormal !etirement Date6 a Member sall ave a full" vested and
nonforfeitable interest in is (ndividual &ccounts ereunder7 Distribution 1ill be made upon is
!etirement7 Te amount of is (ndividual &ccounts sall be te balance as of te $aluation Date
concurrent 1it or ne3t preceding te date of is !etirement6 plus an" contributions allocated to
is (ndividual &ccounts since suc $aluation Date6 e3cept tat6 if a retired Member 1o retired
oter tan on a $aluation Date so elects6 is balance sall be determined as of te $aluation Date
ne3t follo1ing te date of is !etirement6 including allocation of an" contribution ten being
allocated ereunder6 as if e met an" applicable emplo"ment and service re,uirements for suc
contribution7 Pa"ment sall be made at te time and in te manner provided in &rticle (A ereof6
sub@ect6 o1ever6 to te distribution provisions of te follo1ing paragrap7
+ot1itstanding te above6 if6 at an" time during te Plan ?ear ending in te calendar "ear a
Member attains age sevent" and one0alf %G9 .IC'6 ten in no event sall distribution of is
(ndividual &ccounts be dela"ed be"ond &pril .st of te calendar "ear follo1ing te calendar "ear
in 1ic suc Member attains age sevent" and one0alf %G9 .IC' regardless of 1eter e ad
actuall" retired6 provided6 o1ever6 tat suc restriction sall onl" appl" to /B o1ners as
described in Section .97C%a'%.'%iii'6 prior to Januar" .6 .:;:7
Article VI Deat)
92 De$i:%ati#% #' Be%e'iciar*3 #ac Member and former Member ma"6 from time to time6
designate one %.' or more primar" Beneficiaries and contingent Beneficiaries to receive benefits
pa"able ereunder in te event of te deat of suc Member or former Member7 (f a married
#mplo"ee 1ises to designate someone oter tan is spouse to be a primar" Beneficiar"6 suc
designation 1ill not become effective unless is spouse %if is spouse can be located' consents in
1riting to suc designation6 ackno1ledges te effect of suc designation and as suc consent
and ackno1ledgment 1itnessed b" te Plan representative or a notar" public7 & spouseDs consent
sall be valid under tis Plan onl" 1it respect to te specified Beneficiar" or Beneficiaries
designated b" te Participant7 (f te Beneficiar" or Beneficiaries are subse,uentl" canged b" te
Member6 a ne1 consent b" te spouse 1ill be re,uired7 Suc designation sall be made in 1riting
upon a form provided b" te Committee and sall be filed 1it te Committee7 Te last suc
designation filed 1it te Committee sall control7
94 Be%e'it3 Upon te deat of an #mplo"ee 1o is a Member6 is designated Beneficiar"6 or
Beneficiaries6 sall be full" vested 1it respect to te balance of is (ndividual &ccounts as of te
$aluation Date concurrent 1it or ne3t preceding te date of is deat6 plus an" contributions
allocated to te MemberDs (ndividual &ccounts since suc $aluation Date6 e3cept tat6 if te
Beneficiar" of a Member 1o died oter tan on a $aluation Date so elects6 suc balance sall
be determined as of te $aluation Date ne3t follo1ing te date of deat6 including allocation of
an" contribution ten being allocated ereunder as if te Member ad met an" applicable
emplo"ment and service re,uirements for suc contribution7 Pa"ment sall be made at te time
and in te manner provided in &rticle (A ereof7
95 N# Be%e'iciar*3 (f a Member or former Member dies 1itout a Beneficiar" surviving im6 or
if all is Beneficiaries die before receiving te pa"ment to 1ic te" are entitled6 ten te
amount6 if an"6 remaining in eac MemberDs (ndividual &ccount sall be paid to te follo1ing6 1it
priorit" as follo1s>
%a' te MemberDs surviving spouseH
%b' te MemberDs cildren and cildren of deceased cildren6 per stirpesH
%c' te MemberDs parentsH
%d' te MemberDs broters and sisters6 or if deceased6 te cildren of suc broters and
sisters6 per stirpesH
%e' te MemberDs estate7
& certified cop" of a deat certificate sall be sufficient evidence of deat and te Committee
sall be full" protected in rel"ing tereon7 Te Committee ma" accept oter evidence of deat at
its o1n discretion7
Article VII Di$abilit*
;2 Be%e'it3 (n te event of te Disabilit" of a Member6 e sall be full" vested 1it respect to
te balance of is (ndividual &ccounts as of te $aluation Date concurrent 1it or ne3t preceding
te date of is Disabilit"6 plus an" contributions allocated to is (ndividual &ccounts since suc
$aluation Date6 e3cept tat6 if a Member 1ose date of Disabilit" is oter tan on a $aluation
Date so elects6 suc balance sall be determined as of te $aluation Date ne3t follo1ing te date
of Disabilit"6 including allocation of an" contribution ten being allocated ereunder6 as if e met
an" applicable emplo"ment and service re,uirements for suc contribution7 Pa"ments sall be
made at te time and in te manner provided in &rticle (A ereof7
Article VIII Termi%ati#% #' Em"l#*me%t+ a%& F#r'eit!re$
=2 Eli:ibilit*3 (f a MemberDs emplo"ment 1it all &ffiliated #mplo"ers sall terminate for an"
reason oter tan is !etirement under &rticle $6 deat under &rticle $(6 or Disabilit" under &rticle
$((6 suc Member sall be entitled to suc benefits as are ereinafter provided b" Section ;7C7
=4 Be%e'it3 & Member to 1om te provisions of Section ;7. are applicable sall be entitled to>
%a' Te balance in te MemberDs #mplo"ee Contribution &ccount6 as of te $aluation
Date concurrent 1it or ne3t preceding te date of termination6 plus an" contributions allocated to
an" suc accounts since suc $aluation Date7
NOTE3 The following su"paragraph " is one of the accepta"le vesting schedules for plan
years "eginning after *<==. A plan may also use ?-year cliff vesting, where"y a participant
"ecomes *++/ vested after ? years of service.
%b' Te 8vested percentage8 of is #mplo"er Contribution &ccount7 Suc amount sall be
e,ual to a percentage of te balance in suc (ndividual &ccount as of te $aluation Date
concurrent 1it or ne3t preceding te date of suc termination7 Te percentage to 1ic e sall
be so vested and entitled sall be determined in accordance 1it te follo1ing scedule>
%ompleted Years of (ervice 8ested 6ercentage
Less tan F "ears 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 9B
F "ears 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 C9B
- "ears 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 -9B
/ "ears 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 <9B
< "ears 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 ;9B
G "ears 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 .99B
(f6 before e 1as full" vested6 a Member as previousl" received an" amount from is
#mplo"er Contribution &ccount due to a prior termination of emplo"ment6 but received restoration
of an oter1ise forfeitable amount due to is resumption of emplo"ment 1itin te time period
specified in Section ;7C ereof6 ten is vested #mplo"er Contribution &ccount sall6 upon an"
subse,uent termination of emplo"ment under tis &rticle6 be e,ual to te sum of %.' and %C'6
multiplied b" %F'6 minus %.'6 1ere said %.'6 %C' and %F' are determined as follo1s>
%.' Te sum of all suc amounts previousl" received from suc (ndividual
&ccount7
%C' Te balance of suc (ndividual &ccount as of te date of is latest termination
of emplo"ment7
%F' Te vested percentage applicable to te Member in accordance 1it te
above scedule as of te date of is latest termination of emplo"ment7
=5 F#r'eit!re$3 & Member to 1om tis &rticle is applicable sall forfeit tat portion of te
amount in is #mplo"er Contribution &ccount to 1ic e is not entitled under Section ;7C ereof
and te amount tus forfeited sall remain in te Trust *und and sall6 as of te &llocation Date
follo1ing te MemberDs termination of emplo"ment6 be released for reallocation ereunder7 (f suc
former Member resumes Covered #mplo"ment before aving a five %/' "ear Break in Service and
makes te repa"ment described in te follo1ing paragrap6 a special contribution6 e,ual to te
forfeited amount6 1ill be made to restore suc forfeited amount to is #mplo"er Contribution
&ccount7 Suc special contribution sall6 to te e3tent possible6 be made from an" oter
MembersD forfeitures ten available for allocation ereunder and6 to te e3tent suc oter
forfeitures are not sufficient6 suc special contribution sall be made b" te #mplo"er7
(n order to receive te restoration described in te above paragrap6 te Member must6 1itin
five %/' "ears of is reentr" into Covered #mplo"ment6 repa" to tis Plan te amount of an"
distribution e received erefrom on account of suc Break in Service6 e3cept for te amount of
suc distribution attributable to voluntar" #mplo"ee contributions7
=7 Earl* Retireme%t3 & Member ma" commence 8earl" retirement8 on or after age // provided
e as completed 4insert ma3imum "ears necessar" to vest .99B in benefits5 "ears of service
1it te #mplo"er7
Article I, Di$trib!ti#% N#tice$ a%& Met)#&$ #' Pa*me%t
>2 N#tice t# Tr!$tee3 &s soon as practicable after a Member becomes entitled to a distribution
ereunder te Committee sall give 1ritten notice to te Trustee6 1ic notice sall include suc
of te follo1ing information and directions as are necessar" or advisable under te
circumstances>
%a' +ame and address of te Member7
%b' !eason for te distribution7
%c' +ame and address of te Beneficiar" or Beneficiaries in case of a MemberDs deat7
%d' Time6 manner and amount of pa"ments to be made pursuant to Section :7F ereof7
>4 S!b$e-!e%t N#tice$3 &t an" time after giving te notice as provided for in Section :7.
ereof6 te Committee ma" modif" suc original notice or an" subse,uent notice6 b" means of a
furter 1ritten notice to te Trustee6 but an" action taken or pa"ments made b" te Trustee
pursuant to a prior notice sall not be affected b" a subse,uent notice7
>5 Time a%& Met)#&$ #' Pa*me%t3 Pa"ments of a benefit sall commence as soon as
practicable after suc benefit becomes distributable ereunder6 sub@ect to te follo1ing>
%a' (n no event %unless re,uested b" te pa"ee' sall pa"ments commence later tan as
of a date si3t" %<9' da"s after te close of te Plan ?ear in 1ic a MemberDs emplo"ment 1it all
&ffiliated #mplo"ers terminates %for 1atever reason' or6 if later6 in 1ic te Member attains is
+ormal !etirement Date7
%b' & former #mplo"ee ma" elect to dela" is distributionH o1ever6 in no event sall is
distribution be dela"ed be"ond &pril .st of te calendar "ear follo1ing te calendar "ear in 1ic
suc former #mplo"ee attains age sevent" and one0alf %G9 .IC'7
=en benefits become pa"able6 te Member sall direct tat suc benefits sall be paid
in one %.' of te follo1ing 1a"s6 or a combination tereof>
%i' Lump sum6 pa"able in cas6 or in kind7
%ii' Substantiall" level periodic installments6 1it an" balance6 upon te MemberDs
deat6 pa"able to is Beneficiar"7
(n te event distribution is dela"ed or in te event distribution is in installments6 te
allocation of gains or losses described in Section -7F ereof sall continue to be applicable to te
(ndividual &ccounts until full" distributed %unless te pa"ee elects to ave te Trustee deposit te
pa"eeDs (ndividual &ccount balances in a federall" insured savings account in a bank or savings
and loan association6 in te TrusteeDs name6 in 1ic case6 suc balances sall6 until completel"
paid6 receive suc earnings as sall be earned b" said savings account'7
>7 Limitati#%$ #% Pa*me%t3 &ll benefits pa"able under Section :7F ereof sall be made over
a period no longer tan te life e3pectanc" of te Member or te @oint life and last survivor
e3pectanc" of te Member and is Beneficiar"7
>8 Mi%#rit* #r Di$abilit* Pa*me%t$3 During te minorit" or incompetenc" of an" person
entitled to received benefits ereunder6 te Committee ma" direct te Trustee to make pa"ments
or distributions to te guardian of suc person6 or oter persons as ma" be directed b" te
Committee7 +eiter te Committee nor te Trustee sall be re,uired to see to te application of
an" pa"ments so made6 and te receipt of te pa"ee %including te endorsement of a ceck or
cecks' sall be conclusive as to all interested parties7
Article , S"ecial G#(er%me%tal Re-!ireme%t$
2?2 Limit #% A%%!al A&&iti#%$ U%&er C#&e Secti#% 7283 Contributions ereunder sall be
sub@ect to te limitations of Code Section -./6 as provided in tis Section7
%a' efinitions! *or purposes of tis Section te follo1ing definitions sall appl">
%.' 1Annual Addition1 sall mean te sum of te follo1ing additions to a MemberDs
(ndividual &ccount for te Limitation ?ear>
%i' #mplo"er contributionsH
%ii' #mplo"ee after0ta3 contributionsH and
%iii' *orfeitures6 if an"7
%C' 1#arnings1 for an Limitation ?ear sall be te #mplo"eeDs earned income6
1ages6 salaries6 and fees for professional services6 and oter amounts received for personal
services actuall" rendered in te course of emplo"ment 1it te #mplo"er %including6 but not
limited to6 commissions paid salesmen6 compensation for services on te basis of a percentage
of profits6 commissions on insurance premiums6 tips and bonuses'6 provided suc amounts are
actuall" paid or includible in gross income during suc "ear7 #arnings sall e3clude te follo1ing>
%i' #mplo"er contributions to a plan of deferred compensation 1ic are
not included in te #mplo"eeDs gross income for te ta3able "ear in 1ic contributed or
#mplo"er contributions under a simplified emplo"ee pension plan to te e3tent suc contributions
are deductible b" te #mplo"ee or an" distributions from a plan of deferred compensationH
%ii' &mounts reali2ed from te e3ercise of a non,ualified stock option6 or
1en restricted stock %or propert"' eld b" te #mplo"ee eiter becomes freel" transferable or is
no longer sub@ect to a substantial risk of forfeitureH
%iii' &mounts reali2ed from te sale6 e3cange or oter disposition of
stock ac,uired under a ,ualified stock optionH and
%iv' Oter amounts 1ic received special ta3 benefits6 or contributions
made b" te #mplo"er %1eter or not under a salar" reduction agreement' to1ard te purcase
of an annuit" described in Section -9F%b' of te Code %1eter or not te amounts are actuall"
e3cludable from te gross income of te #mplo"ee'7
%b' efined %ontri"ution 6lan(s) Only! Te &nnual &ddition to a MemberDs (ndividual
&ccount ereunder %togeter 1it te &nnual &dditions to te MemberDs account%s' under an"
oter defined contribution plan%s' maintained b" an &ffiliated #mplo"er' for an" Limitation ?ear
ma" not e3ceed te lesser of>
%.' Tirt" Tousand Dollars %EF96999799'6 and for eac "ear tereafter te dollar
amount prescribed b" te Secretar" of te Treasur"6 to take into account an" cost0of0living
ad@ustment under Section -./%d' of te CodeH or
%C' T1ent"0five percent %C/B' of te MemberDs #arnings for te Limitation ?ear7
NOTE3 3n accordance with the Ta, 2eform Act of *<=>, the @;+,+++ limit will remain
fro0en until the defined "enefit limit (@<+,+++, inde,ed) reaches @*.+,+++. At that point the
defined contri"ution dollar limit will "e set at .?/ of the defined "enefit dollar limit and will
increase accordingly.
%c' Defined Contribution and Defined Benefit Plans> (f6 in an" Limitation ?ear6 a Member
also participates in one %.' or more defined benefit plans maintained b" an" &ffiliated #mplo"er
%1eter or not terminated'6 ten for suc Limitation ?ear6 te sum of te Defined Benefit Plan
*raction %as defined belo1' for suc Limitation ?ear and Defined Contribution Plan *raction %as
defined belo1' for suc Limitation ?ear sall not e3ceed one %.79'7
Te Defined Benefit *raction for an" Limitation ?ear sall mean a fraction %a' te
numerator of 1ic is te pro@ected annual benefit of te member under te defined benefit
plan%s' %determined as of te close of te Limitation ?ear'6 and %b' te denominator of 1ic is te
lesser of One Hundred T1ent"0*ive Percent %.C/B' of te dollar limitation under Code Section
-./%b'%.'%&' or One Hundred *ort" Percent %.-9B' of te percentage limitation under Code
Section -./%b'%.'%B' for te "ear of determination %taking into account te effect of Section CF/%g'
%-' of te Ta3 #,uit" and *iscal !esponsibilit" &ct of .:;C'7
Te Defined Contribution *raction for an" Limitation ?ear sall mean a fraction %a' te
numerator of 1ic is te sum of te &nnual &dditions to te memberDs accounts under all defined
contribution plans maintained b" an &ffiliated #mplo"er as of te close of te Limitation ?ear
%sub@ect to reduction to te e3tent permitted under te transition rule in Section CF/%g'%F' of te
Ta3 #,uit" and *iscal !esponsibilit" &ct of .:;C'6 and %b' te denominator of 1ic is te sum of
te lesser of One Hundred T1ent"0*ive Percent %.C/B' of te dollar limitation under Code
Section -./%c'%.'%&' or One Hundred *ort" Percent %.-9B' of te percentage limitation under
Code Section -./%c'%.'%B'6 for suc Limitation ?ear and for all prior Limitation ?ears during 1ic
te #mplo"ee 1as emplo"ed b" an &ffiliated #mplo"er %provided6 o1ever6 at te election of te
Committee6 te denominator sall be increased b" using for Limitation ?ears ending prior to
Januar" .6 .:;F6 an amount e,ual to te denominator in effect for te Limitation ?ear ending in
.:;C6 multiplied b" te transition fraction provided in Code Section -./%e'%<'%B''7
(f6 in an" Limitation ?ear6 te sum of te Defined Benefit Plan *raction and Defined
Contribution Plan *raction for a Member 1ould e3ceed one %.79' 1itout ad@ustment of te
amount of &nnual &dditions tat can be allocated to suc Member under paragrap %b' of tis
Section6 ten te amount of ma3imum annual benefit tat can be paid to suc Member under an"
defined benefit plan%s' maintained b" an &ffiliated #mplo"er6 sall be reduced to te e3tent
necessar" to reduce te sum of te Defined Benefit Plan *raction and Defined Contribution Plan
*raction for suc Member to one %.79'6 or te Committee ma" take suc oter action as 1ill cause
te sum to e,ual one %.79' or less7
2?4 T#"-Hea(* Re$tricti#%$3
%a' etermination of Top-9eaviness! Sub@ect to %b' of tis Section6 tis Plan 1ill be
considered to be top0eav" in an" Plan ?ear if te aggregate value of te account balances of
ke" #mplo"ees ereunder is greater tan si3t" percent %<9B' of te aggregate value of all
account balances ereunder7 *or purposes of determining 1eter suc top0eaviness e3ists in
an" suc Plan ?ear te follo1ing provisions sall be applicable>
%.' & ke" #mplo"ee is an individual %1eter or not deceased' 1o6 at an" time
during te five %/' Plan ?ears immediatel" preceding te current Plan ?ear6 1as>
%i' an officer of te #mplo"er of &ffiliated #mplo"er aving an annual
Compensation from te #mplo"er andIor &ffiliated #mplo"er greater tan One Hundred *ift"
Percent %./9B' of te defined contribution plan dollar limitation in effect under Code Section -./
%c'%.'%&' for an" suc Plan ?ear %e3cept tat no more tan fift" %/9' #mplo"ees or6 if less6 te
greater of tree %F' and ten percent %.9B' of te #mplo"ees6 sall be treated as officers'6 or
%ii' one of te ten %.9' #mplo"ees aving an annual Compensation from
te #mplo"er andIor &ffiliated #mplo"er greater tan te defined contribution plan dollar limitation
in effect under Code Section -./%c'%.'%&' and o1ning %or considering as o1ning under Code
Section -.<%i'%.'' te largest interests in te #mplo"er6 or
%iii' a five percent %/B' o1ner of te #mplo"er %taking into account
o1nersip e 1ould be considered to ave under Code Section -.<%i'%.''6 or
%iv' a one percent %.B' o1ner of te #mplo"er %taking into account
o1nersip e 1ould be considered to ave under Code Section -.<%i'%.'' aving annual
Compensation from te #mplo"er andIor an &ffiliated #mplo"er during an" calendar "ear of more
tan One Hundred *ift" Tousand Dollars %E./96999'7
%C' *or purposes of tis Section6 if a former #mplo"ee as not received an"
Compensation from te #mplo"er at an" time during te five %/' Plan ?ears immediatel"
preceding te current Plan ?ear6 an" account balance remaining ereunder for suc former
#mplo"ee sall not be taken into account7 &lso6 an" account balance attributable to deductible
emplo"ee contributions %under Code Section C.:' or attributable to a rollover initiated b" an
#mplo"ee from te plan of an emplo"er tat is not an &ffiliated #mplo"er sall not be taken into
account under tis Section7
%F' Te value of an" account balance sall be determined as of te most recent
$aluation Date 1itin te preceding Plan ?ear6 e3cept tat in te first Plan ?ear ereunder suc
account balance sall be determined as of te most recent $aluation Date 1itin suc first Plan
?ear7 Suc value sall include an" contributions allocable as of suc date7
%-' Te value of an" account balance sall be increased to include an" pa"ment
tereof made ereunder prior to te $aluation Date as of 1ic suc value is being determined6
provided an" suc pa"ment 1as made 1itin te five %/' Plan ?ears immediatel" preceding te
current Plan ?ear7 (f an account balance as been full" paid out prior to suc $aluation Date6 but
1itin te five %/' Plan ?ears immediatel" preceding te current Plan ?ear6 te amount tereof
sall be taken into account6 e3cept tat suc amount sall not be taken into account ereunder if
te paid out amount 1as eiter %i' rolled over or transferred to anoter plan of te #mplo"er or
&ffiliated #mplo"er or %ii' rolled over or transferred to an" oter plan but not at te direction of te
#mplo"ee 1o ad accrued suc account7
%/' (f an #mplo"ee or former #mplo"ee for 1om an account balance 1as
maintained ereunder died prior to suc $aluation Date6 te value6 if an"6 taken into account
ereunder 1it respect to suc individual sall include te sum of an" pa"ments made to im
prior to suc $aluation Date and 1itin te five %/' Plan ?ears immediatel" preceding te current
Plan ?ear6 togeter 1it te amount6 as of suc $aluation Date6 of an" remaining account balance
pa"able ereunder to te Beneficiar" of suc individual plus te sum of an" pa"ments made to
suc Beneficiar" ereunder prior to suc $aluation Date and 1itin te five %/' Plan ?ears
immediatel" preceding te current Plan ?ear7
%<' (f an #mplo"ee or former #mplo"ee %1eter or not deceased' 1it respect to
1om an account balance 1ould be taken into account6 as described above6 1as previousl" a
ke" #mplo"ee6 but as of te last da" of te immediatel" preceding Plan ?ear 1as no longer a ke"
#mplo"ee6 ten no account balance or pa"ments tereof 1it respect to im or is Beneficiar"
sall be taken into account in making te top eav" determinations described in tis Section7
%b' Aggregation with Other 6lans! Te aggregation of tis Plan 1it oter plans for
purposes of determining top eav" status sall be in accordance 1it te follo1ing>
%.' 2e-uired Aggregation! (f a ke" emplo"ee under tis Plan also participates in
anoter plan of te #mplo"er or &ffiliated #mplo"er 1ic is ,ualified under Code Section -9.%a'
or 1ic is a simplified emplo"ee pension plan under Code Section -9;%k'6 or if tis Plan and
anoter plan must be aggregated so tat eiter tis Plan or te oter plan 1ill meet te
antidiscrimination and coverage re,uirements of Code Section -9.%a'%-' or -.96 ten tis Plan
and an" suc oter plan 1ill be aggregated for purposes of determining top eaviness7 Tis Plan
1ill automaticall" be deemed top eav" if suc re,uired aggregation of plans is top eav" as a
group and 1ill automaticall" be deemed not top eav" if suc re,uired aggregate of plans is not
top eav" as a group7
%C' 6ermissive Aggregation! &n" oter plan of te #mplo"er or &ffiliated #mplo"er
1ic is ,ualified under Code Section -9.%a' or 1ic is a simplified emplo"ee pension plan
under Code Section -9;%k'6 and 1ic is not in te re,uired aggregation referenced in %.' above6
ma" be aggregated 1it tis Plan %and 1it an" oter plan%s' in te re,uired aggregation group in
%.' above' for purposes of determining top eaviness if suc aggregation 1ould continue to meet
te antidiscrimination and coverage re,uirements of Code Sections -9.%a'%-' and -.97 Tis Plan
1ill automaticall" be deemed not top eav" if suc permissive aggregation of plans is not top
eav" as a group7
%F' etermining Aggregate Top 9eavy (tatus! Te top eav" status of te plans
as a group is determined b" aggregating te plansD respective top eav" determinations tat are
made as of determination dates tat fall 1itin te same calendar "ear7
%c' #ffects of Top 9eaviness! (f tis Plan becomes top eav"6 te follo1ing special
provisions sall appl" e3cept %i' in te case of an #mplo"ee ereunder 1o is also covered b"
anoter top eav" ,ualified defined contribution plan of an &ffiliated #mplo"er6 te top eav"
minimum allocation in %C' belo1 sall not appl" if te top eav" minimum allocation under suc
oter plan is applied to suc #mplo"ee tereunder6 and %ii' in te case of an #mplo"ee ereunder
1o is also covered b" a top eav" ,ualified defined benefit plan of an &ffiliated #mplo"er6 te top
eav" minimum allocation in %C' belo1 sall not appl" if te top eav" minimum benefit under
suc oter plan is applied to suc #mplo"ee tereunder6 but if suc top eav" minimum benefit is
not applied to suc #mplo"ee6 ten te top eav" minimum allocation in %C' belo1 sall be
applied e3cept tat te percentage sall be five percent %/B'7
%.' 4inimum 8esting! (f an" #mplo"ee is covered under tis Plan during an" Plan
?ear 1en te Plan is top eav"6 e sall6 upon is termination of emplo"ment6 ave is vested
percentage determined to be te greater of %i' and %ii' belo16 but sub@ect to %iii' belo1>
%i' Te vested percentage applicable to te #mplo"ee under te regular
vesting provision of tis Plan6 as ereinbefore set fort6 as of te date of is termination of
emplo"ment6 and
%ii' Te vested percentage applicable to te #mplo"ee under te
follo1ing scedule as of te date of is termination of emplo"ment>
#mployeeAs Years of #mployeeAs
8esting (ervice 8ested 6ercentage
Less tan C 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 9B
C 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 C9
F 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 -9
- 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 <9
/ 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 ;9
< or more 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 .99
%iii' (n te event te #mplo"eeDs emplo"ment is terminated 1en te Plan
is no longer top eav"6 is vested percentage sall be determined in accordance 1it te regular
vesting provisions of tis Plan6 as ereinbefore set fort6 e3cept tat in no event 1ill is vested
benefit be less tan is vested benefit determined as if is emplo"ment ad terminated as of te
date 1en te Plan 1as last top eav"6 and te application of te greater of %i' and %ii' as
described above sall be made if te #mplo"ee ad at least five %/' "ears of $esting Service
1en te Plan 1as last top eav"7
%C' 4inimum Allocation! (f an" #mplo"ee is covered under tis Plan during an"
Plan ?ear 1en te Plan is top eav"6 e sall6 during suc Plan ?ear6 receive an allocated
#mplo"er contribution %sub@ect to te vesting re,uirements of tis Plan' at least e,ual to a
percentage of is considered Compensation %defined belo1' for suc Plan ?ear6 1ic
percentage sall be te lesser of>
%i' tree percent %FB'6 and
%ii' te actual percentage tat te allocation6 received for suc Plan ?ear
b" te ke" #mplo"ee receiving te largest suc allocation represented as a percentage of suc
ke" #mplo"eeDs considered compensation %defined belo1'7
&n #mplo"eeDs considered Compensation is te amount of Compensation e
received from te #mplo"er of suc Plan ?ear not in e3cess of t1o undred tousand dollars
%EC996999'7
%F' 'imit on %ompensation! (f tis Plan is top eav" at an" time during a "ear
1en an #mplo"ee received Compensation tat is to be taken into account for purposes of
computing is allocation ereunder6 suc amount of Compensation actuall" taken into account
ereunder for suc "ear sall not e3ceed T1o Hundred Tousand Dollars %EC996999'6 sub@ect to
cost0of0living ad@ustments in accordance 1it Code Section -.<%d'7
%-' Ad&ustments to %ode (ection )*? 'imits! (f tis Plan is top eav" during an"
Plan ?ear6 te combined plan limitations of Code Section -./6 as described in Section .97.
ereof6 sall be applied for suc Plan ?ear b" substituting 8One Hundred Percent %.99B'8 for
8One Hundred T1ent"0*ive Percent %.C/B'8 1erever te latter term appears in said Section
.97. ereof7
Article ,I A&mi%i$trati#%
222 A""#i%tme%t #' C#mmittee3 !esponsibilit" for administration of tis Plan sall be 1it te
#mplo"er6 1ic sall be te Plan &dministrator ereunder7 Te #mplo"er6 as Plan &dministrator6
sall appoint a Committee consisting of at least tree %F' persons 1o sall assist te Plan
&dministrator in te administration of tis Plan7 &ll action taken b" te Committee sall be
deemed actions taken b" te Plan &dministrator and te Plan &dministrator sall6 alone6 ave
fiduciar" responsibilit" in connection 1it suc actions6 e3cept 1it respect to 1illful misconduct
or gross negligence7 &ll usual and reasonable e3penses of te Committee ma" be paid in 1ole
or in part b" te Plan &dministrator6 and an" e3penses not paid b" te Plan &dministrator sall be
paid b" te Trustee out of te principal or income of te Trust7 Te members of te Committee
sall not receive compensation 1it respect to teir services for te Committee7 Te members of
te Committee sall serve 1itout bond or securit" for te performance of teir duties ereunder
unless te applicable la1 makes te furnising of suc bond or securit" mandator" or unless
re,uired b" te Plan &dministrator7 Te Plan &dministrator ma" pa" te premiums on an" bond
secured under tis Section including te purcase of fiduciar" liabilit" insurance for an" person
1o becomes a fiduciar" under tis Plan7
224 C#mmittee P#/er$ a%& D!tie$3 Te Committee sall ave suc po1ers as ma" be
necessar" to discarge its duties ereunder6 including6 but not b" 1a" of limitation6 te follo1ing
po1ers and duties>
%a' to construe and interpret te Plan6 decide all ,uestions of eligibilit" and determine te
amount6 manner and time of pa"ment of an" benefits ereunderH
%b' to prescribe rules for te operation of te PlanH
%c' to receive from te #mplo"er and from #mplo"ees suc information as sall be
necessar" for te proper administration of te PlanH
%d' to emplo" an independent ,ualified public accountant to e3amine te books6 records6
and an" financial statements and scedules 1ic are re,uired to be included in te annual
reportH
%e' to file 1it te appropriate government agenc" %or agencies' te annual report6 plan
description6 summar" plan description6 and oter pertinent documents 1ic ma" be dul"
re,uestedH
%f' to file suc terminal and supplementar" reports as ma" be necessar" in te event of
te termination of te PlanH
%g' to furnis eac #mplo"ee and eac beneficiar" receiving benefits ereunder a
summar" plan description e3plaining te PlanH
%' to furnis an" #mplo"ee or beneficiar"6 1o re,uests in 1riting6 statements indicating
suc #mplo"eeDs or beneficiar"Ds total account balances and nonforfeitable benefits6 if an"H
%i' to furnis to an #mplo"ee a statement containing information contained in a
registration statement re,uired b" Section <9/G%a'%C' of te (nternal !evenue Code of .:/- prior
to te time prescribed b" la1 to file suc registration if suc statement contains information
regarding te #mplo"eeH
%@' to maintain all records necessar" for verification of information re,uired to be filed 1it
te appropriate government agenc" %or agencies'H
%k' to report to te Trustee all available information regarding te amount of benefits
pa"able to eac #mplo"ee6 te computations 1it respect to te allocation of assets6 and an"
oter information 1ic te Trustee ma" re,uire in order to terminate te PlanH
%l' to delegate to one or more of te members of te Committee te rigt to act in its
bealf in all matters connected 1it te administration of te Plan and TrustH
%m' to delegate to an" individual%s' suc of te above po1ers and duties as te
Committee deems appropriateH and
%n' to appoint or emplo" for te Plan an" agents it deems advisable6 including6 but not
limited to6 legal counsel7
Te Committee sall ave no po1er to add to6 subtract from or modif" an" of te terms of te
Plan6 nor to cange or add to an" benefits provided b" te Plan6 nor to 1aive or fail to appl" an"
re,uirements of eligibilit" for benefits under te Plan7 &ll rules and decisions of te Committee
sall be uniforml" and consistentl" applied to all #mplo"ees in similar circumstances7
& ma@orit" of te members of te Committee sall constitute a ,uorum for te transaction of
business7 +o action sall be taken e3cept upon a ma@orit" vote of te Committee members7 &n
individual sall not vote or decide upon an" matter relating solel" to imself or vote in an" case in
1ic is individual rigt or claim to an" benefit under te Plan is particularl" involved7 (f6 in an"
case in 1ic a Committee member is so dis,ualified to act6 and te remaining members cannot
agree6 te #mplo"er 1ill appoint a temporar" substitute member to e3ercise all te po1ers of te
dis,ualified member concerning te matter in 1ic e is dis,ualified7
225 Claim$ Pr#ce&!re3 Te Committee ma" prescribe procedures for obtaining benefits and
is re,uired to provide a notice in 1riting to an" person 1ose claim for benefits under tis Plan
as been denied6 setting fort %.' te specific reasons for suc denial6 %C' te specific reference
to pertinent Plan provisions on 1ic te denial is based6 %F' a description of an" additional
material or information necessar" to te claimant to perfect te claim and an e3planation of 1"
suc material or information is necessar"6 and %-' an e3planation of te PlanDs claim revie1
procedure as described belo16 including te name and address of te part" to 1om an appeal
sould be sent7
& claimant as te rigt to appeal a denial of claim b" 1ritten application to te Committee
1itin si3t" %<9' da"s of notice of denial or6 if no suc notice as been given6 at te end of te
e3piration of a reasonable period of time after te claim 1as filed7 Te claimant6 or a dul"
autori2ed representative6 ma" revie1 pertinent documents and ma" submit issues and
comments in 1riting to te Committee7
&fter te Committee revie1s te claims appeal6 a final decision sall be made and
communicated to te claimant 1itin si3t" %<9' da"s of receipt of te appeal b" te Committee6
unless special circumstances re,uire an e3tension7 Suc e3tension cannot e3tend be"ond one
undred t1ent" %.C9' da"s after receipt of te appeal b" te Committee7 Te communication sall
be set fort in 1riting in a manner calculated to be understood b" te claimant and sall identif"
te reasons for te denial and sall reference an" pertinent Plan provisions upon 1ic te denial
is based7
227 C#mmittee Pr#ce&!re$3 Te Committee sall adopt suc b"la1s as it deems desirable7
Te Committee sall elect one of its members as cairman and sall elect a secretar" 1o ma"6
but need not6 be a member of te Committee7 Te Committee sall advise te Trustee of suc
elections in 1riting7 Te Secretar" of te Committee sall keep a record of all meetings and
for1ard all necessar" communications to te Trustee7
228 A!t)#ri@ati#% #' Be%e'it Pa*me%t$3 Te Committee sall issue directions to te Trustee
concerning all benefits 1ic are to be paid from te Trust *und pursuant to te provisions of te
Plan7 Te Committee sall keep on file6 in suc manner6 as it ma" deem convenient or proper6 all
reports from te Trustee7
229 Pa*me%t #' EA"e%$e$3 &ll e3penses incident to te administration6 termination or
protection of te Plan and Trust6 including but not limited to6 actuarial6 legal6 accounting6 and
TrusteeDs fees6 sall be paid b" te #mplo"er6 or if not paid b" te #mplo"er6 sall be paid b" te
Trustee from te Trust *und and6 until paid6 sall constitute a first and prior claim and lien against
te Trust *und7
22; U%claime& Be%e'it$3 During te time 1en a benefit ereunder is pa"able to an"
distributee6 te Committee6 upon re,uest b" te Trustee6 or at its o1n instance6 sall mail b"
registered or certified mail to suc distributee6 at is last kno1n address6 a 1ritten demand for is
ten address6 or for satisfactor" evidence of is continued life6 or bot7 (f suc information is not
furnised to te Committee 1itin tree %F' monts from te mailing of suc demand6 ten te
Committee ma"6 in its sole discretion6 determine tat suc distributee is deceased and ma"
declare suc benefit6 or an" unpaid portion tereof6 suspended as it te deat of te distributee
%1it no surviving beneficiar"' ad occurred on te date of te last pa"ment made tereon or te
date suc distributee first became entitled to receive benefit pa"ments6 1icever is later7 *ailure
to furnis suc information sall not result in te forfeiture of an" nonforfeitable benefits and an"
suc declaration b" te Committee sall later be revoked upon a receipt of te re,uested
information b" te Committee7 &ll suc unclaimed benefits sall be and remain assets of te Trust
and in no event sall te" esceat to an" governmental unit under an" esceat la17
Article ,II Tr!$t F!%&
242 E$tabli$)me%t #' Tr!$t F!%&3 & Trust *und sall be establised for te purpose of
receiving contributions6 and pa"ing benefits6 under tis Plan7 & Trustee %or Trustees' sall be
appointed under te terms of a trust agreement to administer te Trust *und in accordance 1it
te terms of suc trust agreement7
244 Pa*me%t #' C#%trib!ti#%$ t# Tr!$t F!%&3 &ll contributions under tis Plan sall be paid
to te Trustee and sall be eld6 invested and reinvested b" te Trustee in accordance 1it te
terms of te Trust agreement7 &ll propert" and funds of te Trust *und6 including income from
investments and from all oter sources6 sall be retained for te e3clusive benefit of #mplo"ees6
as provided in te Plan6 and sall be used to pa" benefits to #mplo"ees or teir beneficiaries6 or
to pa" e3penses of administration of te Plan and Trust *und6 e3cept as provided in Section ./7-
ereof7
Article ,III Ame%&me%t$
252 Ri:)t t# Ame%&3 Te #mplo"er reserves te rigt to make from time to time an"
amendment or amendments to tis Plan 1ic do not permit reversion of an" part of te Trust
*und to te #mplo"er e3cept as provided in Section ./7- ereof and 1ic do not cause an" part
of te Trust *und to be used for6 or diverted to6 an" purpose oter tan te e3clusive benefit of
#mplo"ees included in tis Plan7
Article ,IV .it)&ra/al a%& Termi%ati#%
272 Tra%$'er$ #' Pla% A$$et$ a%& Pla% Mer:er$3 Te Plan and Trust sall not be merged or
consolidated 1it6 nor sall an" Plan assets or liabilities be transferred to6 an" oter plan6 unless
eiter %i' eac Participant in te Plan %if te Plan ad ten terminated' receives a benefit
immediatel" after suc merger6 consolidation6 or transfer6 1ic is e,ual to or greater tan te
benefit e 1ould ave been entitled to receive immediatel" before suc merger6 consolidation6 or
transfer %if te Plan ad ten terminated' or %ii' te conditions in %i' are deemed to be met due to
compliance 1it te procedures set fort in Treasur" !egulation Section .7-.-%.'0. regarding
plan mergers and transfers7
274 Pla% Termi%ati#%3 Te #mplo"er ma" at an" time6 b" adoption of a resolution6 terminate
tis Plan7 Tis Plan sall automaticall" terminate if te #mplo"er ceases to e3ist and no
successor continues te Plan7
& partial termination of tis Plan 1ill occur if re,uired under te ,ualification re,uirements of
Section -9.%a' of te Code7
275 S!$"e%$i#% a%& Di$c#%ti%!a%ce #' C#%trib!ti#%$ a%& Pla% Termi%ati#%3 (f te
#mplo"er decides it is impossible or inadvisable to continue to make its contributions ereunder6
it sall ave te po1er to>
%a' suspend contributions to te PlanH or
%b' discontinue contributions to te PlanH or
%c' terminate te Plan as to its #mplo"ees7
Suspension sall be temporar" cessation of contributions and suc a suspension 1ic as not
ripened into a complete and permanent discontinuance sall not re,uire an" vesting of (ndividual
&ccounts7
& discontinuance of contributions6 unless considered complete and permanent6 sall also not
re,uire an" vesting of (ndividual &ccounts7 (n suc event6 #mplo"ees 1o become eligible to
enter te Plan subse,uent to te discontinuance sall receive no benefit6 and no additional
benefits attributable to #mplo"er contributions sall accrue to an" of te Members unless
contributions are resumed7 &fter te date of discontinuance of contributions6 te Trust sall
remain in e3istence as provided in tis Section6 and te provisions of te Plan and Trust sall
remain in force as ma" be necessar" in te sole opinion of te Committee7 & certified cop" of
suc decision or resolution sall be delivered to te Trustee6 and as soon as possible tereafter6
te Trustee sall send or deliver to eac Member or Beneficiar" concerned a cop" tereof7
Upon termination6 partial termination6 or complete discontinuance of contributions to te Plan6
te (ndividual &ccounts of eac affected Member not teretofore full" vested sall be and become
full" vested and nonforfeitable in eac suc Member7
277 Li-!i&ati#% #' Tr!$t F!%&3 Upon termination6 or partial termination6 of te Plan6 te
proportionate interests of te affected Members and teir Beneficiaries sall be li,uidated after
provision is made for te e3penses of administration6 termination and li,uidation7 Tereafter6 te
Trustee sall distribute as soon as administrativel" feasible te amount to te credit of eac suc
Member and Beneficiar" as te Committee sall direct7
Article ,V Ge%eral Pr#(i$i#%$
282 N#%:!ara%tee #' Em"l#*me%t3 +oting contained in tis Plan sall be construed as a
contract of emplo"ment bet1een te #mplo"er and #mplo"ee6 or as a rigt of an" #mplo"ee to
be continued in te emplo"ment of te #mplo"er6 or as a limitation of te rigt of te #mplo"er to
discarge an" of its #mplo"ees6 1it or 1itout cause7
284 Ma%%er #' Pa*me%t3 =erever and 1enever it is erein provided for pa"ments or
distributions to be made6 1eter in mone" or oter1ise6 said pa"ments or distributions sall be
made directl" into te ands of te Member6 is Beneficiar"6 is administrator6 e3ecutor or
guardian6 as te case ma" be7 Deposit to te credit of a Member in an" bank or trust compan"
selected b" te Member or Beneficiar" ereunder sall be deemed pa"ment into is ands6 and
provided furter6 tat in te event an" person oter1ise entitled to receive an" pa"ment or
distribution sall be a minor or an incompetent6 suc pa"ment or distribution ma" be made to is
guardian or oter person as ma" be determined b" te Committee7
285 N#%alie%ati#% #' Be%e'it$3 Benefits pa"able under tis Plan sall not be sub@ect in an"
manner to anticipation6 alienation6 sale6 transfer6 assignment6 pledge6 encumbrance6 carge6
garnisment6 e3ecution6 or lev" of an" kind6 eiter voluntar" or involuntar"6 prior to being received
b" te person entitled to te benefit under te terms of te Plan7 &n" attempt to anticipate6
alienate6 sell6 transfer6 assign6 pledge6 encumber6 carge or oter1ise dispose of an" rigt to
benefits pa"able ereunder sall be void7 Te Trust *und sall not in an" manner be liable for6 or
sub@ect to6 te debts6 contracts6 liabilities6 engagements6 or torts of an" person entitled to benefits
ereunder7 +one of te unpaid Plan benefits or Trust assets sall be considered an asset of te
Member in te event of is insolvenc" or bankruptc"7
+ot1itstanding te foregoing6 te Committee ma" approve pa"ment to an alternate pa"ee
based upon an" 8,ualified domestic relations order8 as defined in Code Section -.-%p'6 and suc
pa"ment sall not be deemed a proibited alienation of benefits7
287 Am#!%t$ Ret!r%able t# t)e Em"l#*er3 (n no event sall te #mplo"er receive an"
amounts from te Trust6 e3cept suc amounts6 if an"6 as set fort belo1>
%a' (n te event of a contribution made b" te #mplo"er b" a mistake of fact6 suc
contribution ma" be returned to suc #mplo"er 1itin one "ear after pa"ment tereof7
%b' (f te #mplo"erDs determination letter issued b" te District Director of (nternal
!evenue is an initial determination letter as to suc #mplo"er and is to te effect tat te Plan
and Trust erein set fort or as amended prior to te receipt of suc letter do not meet te
re,uirements of Sections -9.%a' and /9.%a' of te (nternal !evenue Code of .:/-6 suc
#mplo"er sall be entitled at its option to 1itdra16 1itin one "ear of te receipt of suc letter6 all
contributions made on and after its effective date6 in 1ic event te Plan and Trust sall ten
terminate as if te Plan ad never been adopted7
%c' #ac contribution ereunder is conditioned upon te deductibilit" of suc contribution
under Section -9- of te Code and ma" be returned to te #mplo"er 1itin one "ear if suc
deduction is disallo1ed %to te e3tent of te disallo1ance'7
288 G#(er%i%: La/3 Tis Plan and eac of its provisions sall be construed and teir validit"
determined b" te application of te la1s of te State of 4name of state5 e3cept to te e3tent suc
la1 is preempted b" *ederal statute7
(+ =(T+#SS =H#!#O*6 and as conclusive evidence of te adoption of te foregoing
instrument comprising 4name of document56 te #mplo"er as caused its seal to be affi3ed
ereto and tese presents to be dul" e3ecuted in its name and bealf tis 4da"5 da" of 4mont56
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