HomeMy WebLinkAbout20230745.tiffDEFERRED COMPENSATION PLAN
OF THE COUNTY OF WELD,
STATE OF COLORADO
Deferred Compensation Plan 8.3
Restated December 1, 2008
Co iAMV rt Co. -I -;o n$
03 /20 /23
2023-0745
Ono
TABLE OF CONTENTS
INTRODUCTION
ARTICLE I
FORMAT AND DEFINITIONS
Section 1.01 Format
Section 1.02 Definitions
ARTICLE II PARTICIPATION
Section 2.01 Active Participant
Section 2.02 Inactive Participant
Section 2.03 Cessation of Participation
ARTICLE III CONTRIBUTIONS
Section 3.01 Employer Contributions
Section 3.01A Rollover Contributions
Section 3.02 Transfer Contributions
Section 3.03 Allocation
ARTICLE IV INVESTMENT AND TIMING OF CONTRIBUTIONS
Section 4.01 Investment and Timing of Contributions
ARTICLE V BENEFITS
Section 5.01 Death Benefits
Section 5.02 Severance Benefits
Section 5.03 When Benefits Start
Section 5.04 Transfers From the Plan
Section 5.05 Withdrawal Benefits
Section 5.06 Distributions Under Qualified Domestic Relations Orders
ARTICLE VI DISTRIBUTION OF BENEFITS
Section 6.01 Automatic Forms of Distribution
Section 6.02 Optional Forms of Distribution
Section 6.03 Election Procedures
RESTATEMENT DECEMBER 1, 2008
i TABLE OF CONTENTS (4-55782)
ARTICLE VII REQUIRED MINIMUM DISTRIBUTIONS
Section 7.01 Application
Section 7.02 Definitions
Section 7.03 Required Minimum Distributions
Section 7.04 Transition Rules
ARTICLE VIII TERMINATION OF THE PLAN
ARTICLE IX ADMINISTRATION OF THE PLAN
Section 9.01 Administration
Section 9.02 Expenses
Section 9.03 Records
Section 9.04 Delegation of Authority
Section 9.05 Exercise of Discretionary Authority
Section 9.06 Transaction Processing
ARTICLE X GENERAL PROVISIONS
Section 10.01 Amendments
Section 10.02 Direct Rollovers
Section 10.03 Provisions Relating to the Insurer
Section 10.04 Employment Status
Section 10.05 Rights to Plan Assets
Section 10.06 Beneficiary
Section 10.07 Nonalienation of Benefits
Section 10.08 Construction
Section 10.09 Legal Actions
Section 10.10 Small Amounts
Section 10.11 Word Usage
Section 10.12 Military Service
PLAN EXECUTION
RESTATEMENT DECEMBER 1, 2008
ii TABLE OF CONTENTS (4-55782)
INTRODUCTION
The Employer previously established a deferred compensation plan on January 23, 1985.
The plan has been designed and is intended to meet the requirements of section 457 of the Internal
Revenue Code of 1986, including any later amendments to the Code.
The Employer is of the opinion that the plan should be changed. It believes that the best means to
accomplish these changes is to completely restate the plan's terms, provisions and conditions. The
restatement, effective December 1, 2008, is set forth in this document and is substituted in lieu of the prior
document.
RESTATEMENT DECEMBER 1, 2008 INTRODUCTION (4-55782)
ARTICLE I
FORMAT AND DEFINITIONS
SECTION 1.01 --FORMAT.
Words and phrases defined in the DEFINITIONS SECTION of Article I shall have that defined meaning
when used in this Plan, unless the context clearly indicates otherwise.
These words and phrases have an initial capital letter to aid in identifying them as defined terms.
SECTION 1.02 --DEFINITIONS.
Account means, for a Participant, his share of the Plan Fund. Separate accounting records are kept for
those parts of his Account that result from:
(a) Salary Deferral Contributions
(b) Transfer Contributions
(c) Rollover Contributions
A Participant's Account shall be reduced by any distribution of his Vested Account. A Participant's
Account shall participate in the eamings credited, expenses charged, and any appreciation or
depreciation of the Investment Fund. His Account is subject to any minimum guarantees applicable
under the Annuity Contract and to any expenses associated therewith.
Active Participant means an Eligible Employee who is actively participating in the Plan according to the
provisions in the ACTIVE PARTICIPANT SECTION of Article II.
Age 50 Catch-up Dollar Amount means, for any taxable year, the amount established under Code
Sections 414(v)(2)(B) and (C) applicable as set forth below:
Calendar Year in Which
Taxable Year Begins
2002
2003
2004
2005
2006 or thereafter
Age 50 Catch-up Dollar Amount
$1,000
$2,000
$3,000
$4,000
$5,000 adjusted for cost -of -living after 2006
in accordance with Code Section 414(v)(2)(C)
Alternate Payee means any spouse, former spouse, child, or other dependent of a Participant who is
recognized by a qualified 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.
RESTATEMENT DECEMBER 1, 2008
2 ARTICLE I (4-55782)
Annuity Contract means the annuity contract or contracts into which the Employer enters with the
Insurer for guaranteed benefits, for the investment of Contributions in separate accounts, and for the
payment of benefits under this Plan. The term Annuity Contract as it is used in this Plan shall include
the plural unless the context clearly indicates the singular is meant.
Applicable Dollar Amount means, for any taxable year, the amount established under Code Section
457(e)(15) applicable as set forth below:
Calendar Year in Which Applicable Dollar Amount
Taxable Year Begins
2002
2003
2004
2005
2006 or thereafter
$11,000
$12,000
$13,000
$14,000
$15,000 adjusted for cost -of -living after 2006
in accordance with Code Section 457(e)(15(B)
Beneficiary means the person or persons named by a Participant to receive any benefits under the Plan
when the Participant dies. See the BENEFICIARY SECTION of Article X.
Code means the Internal Revenue Code of 1986, as amended.
Compensation means all payments made to an Employee by the Employer as remuneration for services
rendered, including salary, wages, fees, commissions, bonuses, and overtime pay, that is includible in
the Employee's gross income. Compensation shall also include any elective deferral (as defined in Code
Section 402(g)(3)), and any amount which is contributed or deferred by the Employer at the election of
the Employee and which is not includible in the gross income of the Employee by reason of Code Section
125, 132(f)(4), or 457. Compensation shall also include employee contributions "picked up" by a
govemmental entity and, pursuant to Code Section 414(h)((2), treated as Employer contributions.
Contingent Annuitant means an individual named by the Participant to receive a lifetime benefit after the
Participant's death in accordance with a survivorship life annuity.
Contributions means
Salary Deferral Contributions
Transfer Contributions
Rollover Contributions
as set out in Article III, unless the context clearly indicates only specific contributions am meant.
Direct Rollover means a payment by the Plan to the Eligible Retirement Plan specified by the Distributee.
Distributee means an Employee or former Employee. In addition, the Employee's (or former Employee's)
surviving spouse and the Employee's (or former Employee's) spouse or former spouse who is the
alternate payee under a qualified domestic relations order, as defined in Code Section 414(p), are
Distributees with regard to the interest of the spouse or former spouse.
RESTATEMENT DECEMBER 1, 2008
3 ARTICLE I (4-55782)
Eligible Employee means any Employee of the Employer, excluding the following:
• Bargaining employees, unless covered by a collective bargaining agreement which provides for
participation in the plan.
• Independent contractors.
Eligible Retirement Plan means an individual retirement account described in Code Section 408(a), an
individual retirement annuity described in Code Section 408(b), an annuity plan described in Code
Section 403(a), a qualified plan described in Code Section 401(a), an annuity contract described in Code
Section 403(b) or an eligible plan under Code Section 457(b) which is maintained by a state, political
subdivision of a state, or any agency or instrumentality of a state or political subdivision of a state, that
accepts the Distributee's Eligible Rollover Distribution. The definition of Eligible Retirement Plan shall
also apply in the case of a distribution to a surviving spouse, or to a spouse or former spouse who is the
Alternate Payee under a qualified domestic relations order, as defined in Code Section 414(p).
Eligible Rollover Distribution means any distribution of all or any portion of the balance to the credit of
the Distributee, except that an Eligible Rollover Distribution does not include: (i) any distribution that is
one of a series of substantially equal periodic payments (not less frequently than annually) made for the
life (or life expectancy) of the Distributee or the joint lives (or joint life expectancies) of the Distributee
and the Distributee's designated Beneficiary, or for a specified period of ten years or more; (ii) any
distribution to the extent such distribution is required under Code Section 401(a)(9); (iii) any
unforeseeable emergency distribution; (iv) the portion of any other distribution(s) that is not includible in
gross income; and (v) any other distribution(s) that is reasonably expected to total less than $200 during
a year.
Employee means an individual who is employed by the Employer.
Employer means County of Weld, State of Colorado.
Employer Contributions means Salary Deferral Contributions as set out in Article III.
Entry Date means the date an Employee first enters the Plan as an Active Participant. See the ACTIVE
PARTICIPANT SECTION of Article IL
Inactive Participant means a former Active Participant who has an Account. See the INACTIVE
PARTICIPANT SECTION of Article II.
Includible Compensation means wages within the meaning of Code Section 3401(a) and all other
payments of compensation to an Employee by the Employer (in the course of the Employer's trade or
business) for which the Employer 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 under 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)). The amount reported in the "Wages, Tips and Other Compensation" box on
Form W-2 satisfies this definition.
RESTATEMENT DECEMBER 1, 2008
4 ARTICLE I (4-55782)
Includible Compensation shall also include any elective deferral (as defined in Code Section 402(g)(3)),
and any amount which is contributed or deferred by the Employer at the election of the Employee and
which is not indudible in the gross income of the Employee by reason of Code Section 125, 132(0(4),
or 457.
Includible Compensation shall be determined without regard to any community property laws.
Insurer means Principal Life Insurance Company and any other insurance company or companies named
by the Employer.
Investment Fund means the total of Plan assets, excluding the guaranteed benefit policy portion of any
Annuity Contract.
The Investment Fund shall be valued at current fair market value as of the Valuation Date. The valuation
shall take into consideration investment earnings credited, expenses charged, payments made, and
changes in the values of the assets held in the Investment Fund.
The Investment Fund shall be allocated at all times to Participants, except as otherwise expressly
provided in the Plan. The Account of a Participant shall be credited with its share of the gains and
losses of the Investment Fund. That part of a Participant's Account invested in a funding arrangement
which establishes one or more accounts or investment vehicles for such Participant thereunder shall be
credited with the gain or loss from such accounts or investment vehicles. The part of a Participant's
Account which is invested in other funding arrangements shall be credited with a proportionate share of
the gain or loss of such investments. The share shall be determined by multiplying the gain or loss of
the investment by the ratio of the part of the Participant's Account invested in such funding
arrangement to the total of the Investment Fund invested in such funding arrangement.
Normal Form means a single life annuity with installment refund.
Normal Retirement Age means age 70 1/2, unless the Participant has elected an alternate age. For
Participants who are eligible to receive benefits under the Employer's basic defined benefit pension
plan or money purchase pension plan, their Normal Retirement Age may not be earlier than the earliest
date he has the right to retire under such plan. If a Participant is not eligible to receive benefits under a
basic defined benefit pension plan or money purchase pension plan, then their Normal Retirement Age
may not be earlier than age 65 nor later than age 70 1. Any qualified police or firefighter who is
participating in the Plan may choose a Normal Retiement Age that is not earlier than age 40 nor later
than age 70 Ys.
Participant means either an Active Participant or an Inactive Participant.
Plan means the deferred compensation plan of the Employer set forth in this document, including any
later amendments to it.
Plan Administrator means the person or persons who administer the Plan.
The Plan Administrator is the Director of Administrative Services of Weld County.
RESTATEMENT DECEMBER 1, 2008
5 ARTICLE I (4-55782)
Plan Fund means the total of the investment Fund and the guaranteed benefit policy portion of any
Annuity Contract. The Investment Fund shall be valued as stated in its definition. The guaranteed
benefit policy portion of any Annuity Contract shall be determined in accordance with the terms of the
Annuity Contract and, to the extent that such Annuity Contract allocates contract values to Participants,
allocated to Participants in accordance with its terms. The total value of all amounts held under the
Plan Fund shall equal the value of the aggregate Participants' Accounts under the Plan.
Plan Year means a period beginning on a Yearly Date and ending on the day before the next Yearly Date.
Reentry Date means the date a former Active Participant reenters the Plan. See the ACTIVE
PARTICIPANT SECTION of Article IL
Rollover Contributions means the Rollover Contributions which are made by an Eligible Employee or an
Inactive Participant according to the provisions of the ROLLOVER CONTRIBUTIONS SECTION of
Article III.
Salary Deferral Contributions means contributions made by the Employer to fund this Plan in accordance
with salary deferral agreements between the Employer and Eligible Employees. See the EMPLOYER
CONTRIBUTIONS SECTION of Article III.
Severance from Employment means an Employee has died, retired, or otherwise had a severance from
employment with the Employer. The Plan Administrator shall determine if a Severance from
Employment has occurred in accordance with the regulations under Code Section 401(k).
Transfer Contributions means the contributions transferred by an Eligible Employee to this Plan from an
eligible plan under Code Section 457(b) according to the provisions of the TRANSFER CONTRIBUTIONS
SECTION of Article III.
Unforeseeable Emergency means severe financial hardship to a Participant resulting from: an illness or
accident of the Participant, the Participant's spouse, or the Participant's dependent (as defined in Code
Section 152(a)); loss of the Participant's property due to casualty (including the need to rebuild a home
following damage to a home not otherwise covered by homeowner's insurance, e.g., as a result of
natural disaster); the need to pay for funeral expenses of the Participant's spouse or dependent (as
defined in Code Section 152(a)); or other similar extraordinary and unforeseeable circumstances arising
as a result of events beyond the control of the Participant. For example, the imminent foreclosure of or
eviction from the Participant's primary residence may constitute an Unforeseeable Emergency. In
addition, the need to pay for medical expenses, including non-refundable deductibles, as well as for the
cost of prescription drug medication, may constitute an Unforeseeable Emergency. Except as otherwise
specifically provided in this definition, neither the purchase of a home nor the payment of college tuition
is an Unforeseeable Emergency.
Valuation Date means the date on which the value of the assets of the Investment Fund is determined.
The value of each Account which is maintained under this Plan shall be determined on the Valuation
Date. In each Plan Year, the Valuation Date shall be the last day of the Plan Year. At the discretion of
the Plan Administrator or Insurer (whichever applies), assets of the Investment Fund may be valued
more frequently. These dates shall also be Valuation Dates.
RESTATEMENT DECEMBER 1, 2008
6 ARTICLE I (4-55782)
Vested Account means the vested part of a Participant's Account. The Participant's Vested Account is
equal to his Account.
Yearly Date means January 23, 1985, and each following January 1.
RESTATEMENT DECEMBER 1, 2008
7 ARTICLE I (4-55782)
ARTICLE II
PARTICIPATION
SECTION 2.01 --ACTIVE PARTICIPANT.
(a) An Employee shall first become an Active Participant (begin active participation in the Plan) on the
earliest date on which he is an Eligible Employee. This date is his Entry Date.
Each Employee who was an Active Participant under the Plan on November 30, 2008, shall
continue to be an Active Participant if he is still an Eligible Employee on December 1, 2008, and
his Entry Date shall not change.
(b) An Inactive Participant shall again become an Active Participant (resume active participation in the
Plan) on the date he again becomes an Eligible Employee. This date is his Reentry Date.
Upon again becoming an Active Participant, he shall cease to be an Inactive Participant.
(c) A former Participant shall again become an Active Participant (resume active participation in the
Plan) on the date he again becomes an Eligible Employee. This date is his Reentry Date.
There shall be no duplication of benefits for a Participant under this Plan because of more than one
period as an Active Participant.
SECTION 2.02 --INACTIVE PARTICIPANT.
An Active Participant shall become an Inactive Participant (stop accruing benefits under the Plan) on the
earlier of the following:
(a) the date the Participant ceases to be an Eligible Employee, or
(b) the effective date of complete termination of the Plan under Article VIII.
An Employee or former Employee who was an Inactive Participant under the Plan on November 30,
2008, shall continue to be an Inactive Participant on December 1, 2008. Eligibility for any benefits payable to
the Participant or on his behalf and the amount of the benefits shall be determined according to the provisions
of the prior document, unless otherwise stated in this document.
SECTION 2.03 --CESSATION OF PARTICIPATION.
A Participant shall cease to be a Participant on the date he is no longer an Eligible Employee and his
Account is zero.
RESTATEMENT DECEMBER 1, 2008
8 ARTICLE II (4-55782)
ARTICLE III
CONTRIBUTIONS
SECTION 3.01 --EMPLOYER CONTRIBUTIONS.
The amount of Employer Contributions for any Plan Year is specified in (a) below subject to the
limitations in (b) below:
(a) Amount of Employer Contributions
(1) Salary Deferral Contributions The amount of each Salary Deferral Contribution for a
Participant shall be equal to a portion of his Compensation as elected in his salary deferral
agreement. Salary deferral agreements shall be made, changed, or terminated according to
procedures and limitations set up by the Plan Administrator. The salary deferral agreement
must be in writing and completed before the beginning of the month in which Salary
Deferral Contributions are to begin. However, a new Employee may make Salary Deferral
Contributions for the month in which he first becomes an Employee if he completes a salary
deferral agreement on or before the day he becomes an Employee. Unless the salary
deferral agreement specifies a later effective date, a change in the amount of Salary
Deferral Contributions shall take effect as of the first day of the following month or as soon
as administratively practicable if later.
Salary Deferral Contributions are 100% vested when made.
(b) Limitation on Employer Contributions
(1) Basic Limit. For any taxable year of the Participant, Employer Contributions shall not
exceed the lesser of
(i) the Applicable Dollar Amount, or
(ii) 100% of the Participant's Includible Compensation for the taxable year.
(2) Age 50 Catch-up Limit. A Participant who would attain age 50 by the end of the taxable
year is permitted to elect an additional amount of Salary Deferral Contributions, up to the
Age 50 Catch-up Dollar Amount.
(3) Special Section 457 Catch-up Limit If the applicable taxable year is one of a Participant's
last three taxable years ending before the taxable year in which he attains Normal
Retirement Age and the limit determined under this (3) exceeds the limit on Employer
Contributions under (1) and (2) above, then the limit on Employer Contributions for such
taxable year shall be the lesser of
(i) an amount equal to 2 times the Applicable Dollar Amount, or
(ii) the sum of
RESTATEMENT DECEMBER 1, 2008
9 ARTICLE III (4-55782)
A. an amount equal to
1. the aggregate basic limit in (1) above for the current taxable year plus
each prior taxable year beginning after December 31, 2001 during
which the Participant was eligible to participate in this Plan, minus
2. the aggregate amount of compensation that the Participant deferred
under the Plan during such years disregarding any age 50 catch-up
contributions permitted under Code Section 414(v), plus
B. an amount equal to
1. the aggregate basic limit referred to in Code Section 457(b)(2) for each
prior taxable year beginning after December 31, 1978 and before
January 1, 2002 during which the Participant was eligible to participate
in this Plan (determined without regard to Code Section 457(b)(3)),
minus
2. the aggregate contributions to pre -2002 coordination plans for such
years.
(4) Special Rules. For purposes of this (b), the following rules shall apply:
(i) Participant Covered By More Than One Eligible Plan If the Participant is or has been
a participant in one or more other eligible plans within the meaning of Code Section
457(b), then this Plan and all such other plans shall be considered as one plan for
purposes of applying the foregoing limitations of this (b). For this purpose, the Plan
Administrator shall take into account any other such eligible plan maintained by the
Employer and shall also take into account any other such eligible plan for which the
Plan Administrator receives from the Participant sufficient information concerning his
participation in such other plan.
(ii) Prior Taxable Years. In applying (3) above, a taxable year shall be taken into account
only if
A. the Participant was eligible to participate in the Plan during all or a portion of
the taxable year and
B. compensation deferred, if any, under the Plan during the year was subject to
the basic limit described in (1) above or any other plan ceiling required by
Code Section 457(b).
(iii) Contributions to Pre -2002 Coordination Plans For purposes of (3)(ii)B.2. above,
"contributions to pre -2002 coordination plans" means any employer contribution,
salary reduction or elective contribution under any other eligible Code Section 457(b)
plan, or a salary reduction or elective contribution under any Code Section 401(k)
qualified cash or deferred arrangement, Code Section 402(h)(1)(B) simplified
employee pension (SARSEP), Code Section 403(b) annuity contract, and Code
RESTATEMENT DECEMBER 1, 2008
10 ARTICLE III (4-55782)
Section 408(p) simple retirement account, or under any plan for which a deduction is
allowed because of a contribution to an organization described in Code Section
501(c)(18), including plans, arrangements or accounts maintained by the Employer or
any employer for whom the Participant performed services. However, the
contributions for any taxable year are only taken into account for purposes of
(3)(708.2. above to the extent that the total of such contributions does not exceed
the aggregate limit referred to in Code Section 457(b)(2) for that year.
(iv) Disregard Excess Deferral For purposes of (1), (2), and (3) above, an individual is
treated as not having deferred compensation under a plan for a prior taxable year to
the extent excess deferrals under the plan are distributed, as described in (5) below.
To the extent that the combined deferrals for pre -2002 years exceeded the
maximum deferral limitations, the amount is treated as an excess deferral for those
prior years.
(5) Correction of Excess Deferrals If the Employer Contributions on behalf of a Participant for
any taxable year exceeds the limitations described above, or the Employer Contributions on
behalf of a Participant for any taxable year exceeds the limitations described above when
combined with other amounts deferred by the Participant under another eligible deferred
compensation plan under Code Section 457(b) for which the Participant provides
information that is accepted by the Plan Administrator, then the Employer Contributions, to
the extent Employer Contributions am in excess of the applicable limitation (adjusted for
any income or loss in value, if any, allocable thereto), shall be distributed to the Participant.
However, in no event can a Participant's Salary Deferral Contributions be more than the
Participant's Compensation for the taxable year.
SECTION 3.01A --ROLLOVER CONTRIBUTIONS.
A Rollover Contribution may be made by an Eligible Employee or an Inactive Participant if the following
conditions are met:
(a)
The Contribution is of amounts distributed from an eligible plan under Code 457(b) which is
maintained by a state, political subdivision of a state, or any agency or instrumentality of a state
or political subdivision of a state; from a qualified plan described in Code Section 401(a) or
403(a), including after-tax employee contributions; from an annuity contract described in Code
Section 403(b), including after-tax employee contributions; or from an individual retirement
account or individual retirement annuity described in Code Section 408(a) or (b), excluding any
amount that is not eligible to be rolled over and would otherwise be includible in gross income. In
the case of an Inactive Participant, the Contribution must be of an amount distributed from
another plan of the Employer.
(b) The Contribution is of amounts that the Code permits to be transferred to an eligible plan under
Code Section 457(b) which is maintained by a state, political subdivision of a state, or any agency
or instrumentality of a state or political subdivision of a state.
RESTATEMENT DECEMBER 1, 2008
11 ARTICLE III (4-55782)
(c) The Contribution is made in the form of a direct rollover under Code Section 401(a)(31) or is a
rollover made under Code Section 402(c) or 408(d)(3)(A) within 60 days after the Eligible
Employee or Inactive Participant receives the distribution.
(d) The Eligible Employee or Inactive Participant furnishes evidence satisfactory to the Plan
Administrator that the proposed rollover meets conditions (a), (b), and (c) above.
A Rollover Contribution shall be allowed in cash only and must be made according to procedures set up
by the Plan Administrator.
If the Eligible Employee is not an Active Participant when the Rollover Contribution is made, he shall be
deemed to be an Active Participant only for the purpose of investment and distribution of the Rollover
Contribution. Employer Contributions shall not be made for or allocated to the Eligible Employee until the time
he meets all of the requirements to become an Active Participant.
Rollover Contributions made by an Eligible Employee or an Inactive Participant shall be credited to his
Account. Rollover Contributions are 100% vested when made. A separate accounting record shall be
maintained for that part of his Rollover Contributions consisting of amounts that were not distributed from an
eligible plan under Code Section 457(b).
SECTION 3.O2 --TRANSFER CONTRIBUTIONS.
If an Eligible Employee formerly participated in an eligible plan under Code Section 457(b), the trustee or
plan administrator of that plan may transfer funds to this Plan on behalf of the Eligible Employee. Transfer of
rollover amounts shall not be permitted if the Plan does not permit such rollover amounts and, if permitted,
such amounts shall be treated as a rollover amount made to this Plan. The transferred funds other than
rollover amounts shall be called a Transfer Contribution and shall be made according to procedures set up by
the Plan Administrator.
If the Eligible Employee is not an Active Participant when the Transfer Contribution is made, he shall be
deemed to be an Active Participant only for the purpose of investment and distribution of the Transfer
Contribution. Employer Contributions shall not be made for or allocated to the Eligible Employee until the time
he meets all of the requirements to become an Active Participant.
Transfer Contributions made by an Eligible Employee shall be credited to his Account. Transfer
Contributions am 100% vested when made.
SECTION 3.03 --ALLOCATION.
Salary Deferral Contributions shall be allocated to Participants for whom such Contributions am made
under the EMPLOYER CONTRIBUTIONS SECTION of this article. Such Contributions shall be allocated when
made and credited to the Participant's Account.
RESTATEMENT DECEMBER 1, 2008
12 ARTICLE III (4-55782)
ARTICLE IV
INVESTMENT AND TIMING OF CONTRIBUTIONS
SECTION 4.01 --INVESTMENT AND TIMING OF CONTRIBUTIONS.
The handling of Contributions which are directed to the Annuity Contract is governed by the provisions
of the Annuity Contract. To the extent permitted by the Annuity Contract, the parties named below shall
direct the Contributions to the guaranteed benefit policy portion of the Annuity Contract or any of the
investment options available under the Annuity Contract and may request the transfer of amounts resulting
from those Contributions between the guaranteed benefit policy portion of the Annuity Contract and such
investment options. To the extent that a Participant who has investment direction fails to give timely direction,
the Employer shall direct the investment of his Account. The Employer shall have investment direction for
amounts which have not been allocated to Participants. To the extent an investment is no longer available, the
Employer may require that amounts currently held in such investment be reinvested in other investments.
The Participant shall direct the investment of Contributions and transfer of amounts resulting from
Contributions.
Notwithstanding any contrary provision of the Plan, including any Annuity Contract issued under the
Plan, in accordance with Code Section 457(g), all amounts of compensation deferred pursuant to the Plan, all
property and rights purchased with such amounts, and all income attributable to such amounts, property, or
rights shall be held in a trust or one or more annuity contracts, as defined in Code Section 401(g), for the
exclusive benefit of Participants and Beneficiaries under the Plan and for defraying reasonable expenses of
administering the Plan. For purposes of this paragraph, a trust must be established under the Plan pursuant to
a written agreement that constitutes a valid trust under the law of the state in which the Employer is located.
For purposes of this paragraph an annuity contract shall be issued by an insurance company qualified to do
business in the state where the contract was issued and may not include any life, health or accident, property,
casualty, or liability insurance contract.
All amounts of compensation deferred under the Plan shall be transferred to a trust or an annuity
contract described in Code Section 401(f), within a period that is not longer than reasonable for the proper
administration of the Accounts of Participants. For this purpose, Salary Deferral Contributions shall be treated
as contributed within a period that is not longer than is reasonable for the proper administration if the
Contribution is made to the trust or annuity contract within 15 business days following the end of the month in
which the amount would have otherwise been paid to the Participant.
RESTATEMENT DECEMBER 1, 2008
13 ARTICLE IV (4-55782)
ARTICLE V
BENEFITS
SECTION 5.01 --DEATH BENEFITS.
If a Participant dies before his Vested Account is distributed to him under the provisions of this article or
the SMALL AMOUNTS SECTION of Article X, his Vested Account shall be distributed according to the
distribution of benefits provisions of Article VI and the provisions of the SMALL AMOUNTS SECTION of
Article X.
SECTION 5.02 --SEVERANCE BENEFITS.
If an Inactive Participant's Vested Account is not payable under the SMALL AMOUNTS SECTION of
Article X, he may elect to receive a distribution of his Vested Account after his Severance from Employment.
A distribution under this paragraph shall be a severance benefit and shall be distributed to the Participant
according to the distribution of benefits provisions of Article VI.
A Participant may not elect to receive a distribution under the provisions of this section after he again
becomes an Employee until he subsequently has a Severance from Employment and meets the requirements of
this section.
If an Inactive Participant does not receive an earlier distribution, upon his Required Beginning Date, his
Vested Account shall be distributed. A distribution under this paragraph shall be a severance benefit and shall
be distributed to the Participant according to the distribution of benefit provisions of Article VI.
If an Inactive Participant does not receive an earlier distribution, upon his death, his Vested Account
shall be distributed according to the provisions of the DEATH BENEFITS SECTION of this article.
SECTION 5.03 --WHEN BENEFITS START.
(a) Benefits shall begin by the Participant's Required Beginning Date, as defined in the DEFINITIONS
SECTION of Article VII.
All elections to defer commencement of benefits made by Participants or Beneficiaries prior to
January 1, 2002 and defaulted distributions (other than a defaulted distribution to an annuity
option or a distribution required to meet the requirements of Code Section 401(a)(9)) may be
voided at the election of the Participant or Beneficiary. The distribution provisions of the Plan as
amended effective January 1, 2002 shall apply to such Participants.
(b) The Participant's Vested Account which does not result from Rollover Contributions may not be
distributed to a Participant or to his Beneficiary (or Beneficiaries) in accordance with the
Participant's or Beneficiary's (or Beneficiaries') election, earlier than his Severance from
Employment or age 70 1/2. Such amount may also be distributed upon:
(1) Termination of the Plan, as permitted in Article VIII.
RESTATEMENT DECEMBER 1, 2008
14 ARTICLE V (4-55782)
(2) The Unforeseeable Emergency of the Participant as permitted in the WITHDRAWAL
BENEFITS SECTION of this article.
(3) A de minimis in-service withdrawal as permitted in the WITHDRAWAL BENEFITS SECTION
of this article.
SECTION 5.04 --TRANSFERS FROM THE PLAN.
If an Inactive Participant has a Severance from Employment and accepts employment with another
employer which maintains an eligible plan under Code Section 457(b) and the new employer's plan provides for
the transfer and the Participant will have an amount deferred under the other plan immediately after the
transfer at least equal to the amount of the transfer, the Inactive Participant may elect to transfer his Vested
Account to the plan maintained by the new employer. Such transfer is in full settlement of benefits otherwise
payable with respect to the amount transferred.
SECTION 5.05 --WITHDRAWAL BENEFITS.
Withdrawal of Rollover Contributions A Participant may withdraw any part of his Vested Account
resulting from Rollover Contributions. A Participant may make such a withdrawal at any time.
Unforeseeable Emergency. Before his Severance from Employment, a Participant may withdraw all or
any portion of his Vested Account in the event of an Unforeseeable Emergency. The Participant's request for a
withdrawal shall include his statement such an Unforeseeable Emergency exists and explain its nature.
No withdrawal shall be allowed which is in excess of the amount reasonably required to satisfy the
Unforeseeable Emergency (which may include any amounts necessary to pay any federal, state, or local
income taxes or penalties reasonably anticipated to result from the distribution) or to the extent such
Unforeseeable Emergency can be relieved from other resources that are reasonably available to the Participant.
The Participant's request for a withdrawal shall include his written statement that the amount requested
does not exceed the amount needed to meet the Unforeseeable Emergency. The Participant's request for a
withdrawal shall include his written statement that the Unforeseeable Emergency cannot be relieved:
(1) through reimbursement or compensation by insurance or otherwise;
(2) by liquidation of the Participant's assets, to the extent the liquidation of such assets would not
itself cause a severe financial hardship; or
(3) by cessation of deferrals under the Plan.
The Plan Administrator will establish uniform, nondiscriminatory guidelines to use in determining if an
Unforeseeable Emergency exists. The Plan Administrator's determination shall be final. The Participant has no
legal or equitable right to such a withdrawal.
RESTATEMENT DECEMBER 1, 2008
15 ARTICLE V (4-55782)
De Minimis In-service Withdrawal Before his Severance from Employment, a Participant may withdraw
all of his Vested Account if his Vested Account is not more than the dollar limit under Code Section
411(a)(11)(A) and the following requirements have been met:
(1) No amount has been deferred under the Plan with respect to such Participant during the two-year
period ending on the date of the withdrawal.
(2) The Participant has not previously received a distribution of his total Vested Account to which
Code Section 457(e)(9)(A) applied.
A request for withdrawal shall be made in such manner and in accordance with such rules as the
Employer will prescribe for this purpose (including by means of voice response or other electronic means under
circumstances the Employer permits). A withdrawal benefit shall be distributed in a lump sum.
SECTION 5.06 --DISTRIBUTIONS UNDER QUALIFIED DOMESTIC RELATIONS ORDERS.
The Plan specifically permits distributions to an Alternate Payee under a qualified domestic relations
order as defined in Code Section 414(p), at any time, irrespective of whether the Participant has attained his
earliest retirement age, as defined in Code Section 414(p), under the Plan. A distribution to an Alternate Payee
before the Participant has attained his earliest retirement age is available only if the order specifies that
distribution shall be made prior to the earliest retirement age or allows the Alternate Payee to elect a
distribution prior to the earliest retirement age.
Nothing in this section shall permit a Participant to receive a distribution at a time otherwise not
permitted under the Plan nor shall it permit the Alternate Payee to receive a form of payment not permitted
under the Plan.
The benefit payable to an Alternate Payee shall be subject to the provisions of the SMALL AMOUNTS
SECTION of Article X if the value of the benefit does not exceed $1,000.
The Plan shall make payments or distributions required under this section by separate benefit checks or
other separate distribution to the Alternate Payee(s).
RESTATEMENT DECEMBER 1, 2008
16 ARTICLE V (4-55782)
ARTICLE VI
DISTRIBUTION OF BENEFITS
SECTION 6.01 --AUTOMATIC FORMS OF DISTRIBUTION.
Unless an optional form of benefit is selected pursuant to a election within the election period (see the
ELECTION PROCEDURES SECTION of this article), the automatic form of benefit payable to or on behalf of a
Participant is determined as follows:
(a) Severance Benefits. The automatic form of severance benefit for a Participant who does not die
before his Vested Account is distributed to him shall be the Normal Form.
(b) Death Benefits. The automatic form of death benefit for a Participant who dies before his Vested
Account is distributed to him shall be a single -sum payment to the Participant's Beneficiary.
SECTION 6.02 --OPTIONAL FORMS OF DISTRIBUTION.
(a) Severance Benefits. The optional forms of severance benefit shall be the following: (i) a straight
life annuity; (ii) single life annuities with certain periods of 5, 10 or 15 years; (iii) a single life
annuity with installment refund; (iv) survivorship life annuities with installment refund and
survivorship percentages of 50%, 66 2/3% or 100%; (v) fixed period annuities for any period of
whole months which is not less than 60 and does not exceed the Life Expectancy, as defined in
Article VII, of the Participant where the Life Expectancy is not recalculated; (vi) a fixed period
installment option; and (vii) a fixed payment installment option. A single sum payment is also
available.
The fixed period installment option is an optional form of benefit under which the Participant
elects to receive substantially equal annual payments over a fixed period of whole years. The
annual payment may be paid in annual, semi-annual, quarterly, or monthly installments, as elected
by the Participant. The Participant may elect to receive additional payments.
The fixed payment installment option is an optional form of benefit under which the Participant
elects to receive a specified dollar amount each year. The annual payment may be paid in annual,
semi-annual, quarterly, or monthly installments, as elected by the Participant. The Participant may
elect to receive additional payments.
Election of an optional form is subject to the election provisions of the ELECTION PROCEDURES
SECTION of this article and the distribution requirements of Article VII.
Any annuity contract distributed shall be nontransferable.
(b) Death Benefits. The optional forms of death benefit are a single -sum payment and any annuity
that is an optional form of severance benefit.
Election of an optional form is subject to the election provisions of the ELECTION PROCEDURES
SECTION of this article and the distribution requirements of Article VII.
RESTATEMENT DECEMBER 1, 2008
17 ARTICLE VI (4-55782)
SECTION 6.03 --ELECTION PROCEDURES.
The Participant or Beneficiary shall make any election under this section in writing. The Plan
Administrator may require such individual to complete and sign any necessary documents as to the provisions
to be made. Any election permitted under (a) and (b) below shall be subject to the election provisions of (c)
below.
(a) Severance Benefits A Participant may elect his Beneficiary or Contingent Annuitant and may
elect to have severance benefits distributed under any of the optional forms of severance benefit
available in the OPTIONAL FORMS OF DISTRIBUTION SECTION of this article.
(b) Death Benefits A Participant may elect his Beneficiary and may elect to have death benefits
distributed under any of the optional forms of death benefit available in the OPTIONAL FORMS OF
DISTRIBUTION SECTION of this article.
If the Participant has not elected an optional form of distribution for the death benefit payable to
his Beneficiary, the Beneficiary may, for his own benefit, elect the form of distribution, in like
manner as a Participant.
(c) Election. The Participant or Beneficiary may make an election at any time during the election
period. The Participant or Beneficiary may revoke the election made (or make a new election) at
any time and any number of times during the election period.
(1) Election Period for Severance Benefits A Participant may make an election as to severance
benefits at any time before the date benefits begin.
(2) Election Period for Death Benefits A Participant may make an election as to death benefits
at any time before he dies. The Beneficiary's election period begins on the date the
Participant dies and ends on the date benefits begin.
RESTATEMENT DECEMBER 1, 2008
18 ARTICLE VI (4-55782)
ARTICLE VII
REQUIRED MINIMUM DISTRIBUTIONS
SECTION 7.01 --APPLICATION.
The optional forms of distribution are only those provided in Article VI. An optional form of distribution
shall not be permitted unless it meets the requirements of this article. The timing of any distribution must meet
the requirements of this article.
SECTION 7.02 --DEFINITIONS.
For purposes of this article, the following terms are defined:
Designated Beneficiary means the individual who is designated by the Participant (or the Participant's
surviving spouse) as the Beneficiary of the Participant's interest under the Plan and who is the
designated beneficiary under Code Section 401(a)(9) and section 1.401(a)(9)-4 of the regulations.
Distribution Calendar Year means a calendar year for which a minimum distribution is required. For
distributions beginning before the Participant's death, the first Distribution Calendar Year is the calendar
year immediately preceding the calendar year which contains the Participant's Required Beginning Date.
For distributions beginning after the Participant's death, the first Distribution Calendar Year is the
calendar year in which distributions are required to begin under (b)(2) of the REQUIRED MINIMUM
DISTRIBUTIONS SECTION of this article. The required minimum distribution for the Participant's first
Distribution Calendar Year will be made on or before the Participant's Required Beginning Date. The
required minimum distribution for other Distribution Calendar Years, including the required minimum
distribution for the Distribution Calendar Year in which the Participant's Required Beginning Date occurs,
will be made on or before December 31 of that Distribution Calendar Year.
Life Expectancy means life expectancy as computed by use of the Single Life Table in section
1.401(a)(9)-9, Q&A-1, of the regulations.
Participant's Account Balance means the Account balance as of the last Valuation Date in the calendar
year immediately preceding the Distribution Calendar Year (valuation calendar year) increased by the
amount of any contributions made and allocated or forfeitures allocated to the Account 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. The Account balance for the valuation calendar 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.
Required Beginning Date means, for a Participant, April 1 of the calendar year following the later of the
calendar year in which the Participant attains age 70 1/2 or the calendar year in which the Participant
retires.
RESTATEMENT DECEMBER 1, 2008
19 ARTICLE VII (4-55782)
SECTION 7.03 --REQUIRED MINIMUM DISTRIBUTIONS.
(a) General Rules
(1)
(2)
(3)
The requirements of this article shall apply to any distribution of a Participant's interest and
will take precedence over any inconsistent provisions of this Plan. The provisions of this
article apply to calendar years beginning after December 31, 2002.
All distributions required under this article shall be determined and made in accordance with
the regulations under Code Section 401(a)(9) and the minimum distribution incidental
benefit requirement of Code Section 401(a)(9)(G).
Limits on Distribution Periods. As of the first Distribution Calendar Year, distributions to a
Participant, if not made in a single -sum, may only be made over one of the following
periods:
(i) the life of the Participant,
00 the joint lives of the Participant and a Designated Beneficiary,
(ii) a period certain not extending beyond the Life Expectancy of the Participant, or
(iv) a period certain not extending beyond the joint life and last survivor expectancy of
the Participant and a Designated Beneficiary.
(b) Time and Manner of Distribution
(1) Required Beginning Data The Participant's entire interest will be distributed, or begin to be
distributed, to the Participant no later than the Participant's Required Beginning Date.
(2) Death of Participant Before Distributions Begin If the Participant dies before distributions
begin, the Participant's entire interest will be distributed, or begin to be distributed, no later
than as follows:
() If the Participant's surviving spouse is the Participant's sole Designated Beneficiary,
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
70 1/2, if later, except to the extent that an election is made to receive distributions
in accordance with the 5 -year rule. Under the 5 -year rule, the Participant's entire
interest will be distributed to the Designated Beneficiary by December 31 of the
calendar year containing the fifth anniversary of the Participant's death.
00 If the Participant's surviving spouse is not the Participant's sole Designated
Beneficiary, distributions to the Designated Beneficiary will begin by December 31 of
the calendar year immediately following the calendar year in which the Participant
died, except to the extent that an election is made to receive distributions in
accordance with the 5 -year rule. Under the 5 -year rule, the Participant's entire
RESTATEMENT DECEMBER 1, 2008
20 ARTICLE VII (4-55782)
interest will be distributed to the Designated Beneficiary by December 31 of the
calendar year containing the fifth anniversary of the Participant's death.
(iii) If there is no Designated Beneficiary as of September 30 of the year following the
year of the Participant's death, the Participant's entire interest will be distributed by
December 31 of the calendar year containing the fifth anniversary of the Participant's
death.
(iiv) If the Participant's surviving spouse is the Participant's sole Designated Beneficiary
and the surviving spouse dies after the Participant but before distributions to the
surviving spouse are required to begin, this (b)(2), other than (b)(2)(i), will apply as if
the surviving spouse were the Participant.
For purposes of this (b)(2) and (d) below, unless (b)(2)(iiv) above applies, distributions are
considered to begin on the Participant's Required Beginning Date. If (b)(2)(iv) above
applies, distributions are considered to begin on the date distributions are required to begin
to the surviving spouse under (b)(2)(O above. If distributions under an annuity purchased
from an insurance company irrevocably commence to the Participant before the
Participant's Required Beginning Date (or to the Participant's surviving spouse before the
date distributions are required to begin to the surviving spouse under (b)(2)(i) above), the
date distributions are considered to begin is the date distributions actually commence.
(3) Forms of Distribution. Unless the Participant's interest is distributed in the form of an
annuity purchased from an insurance company or in a single -sum on or before the Required
Beginning Date, as of the first Distribution Calendar Year distributions will be made in
accordance with (c) and (d) below. If the Participant's interest is distributed in the form 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 regulations.
(c)
Required Minimum Distributions During Participant's Lifetime
(1) Amount of Required Minimum Distribution For Each Distribution Calendar Year During the
Participant's lifetime, the minimum amount that will be distributed for each Distribution
Calendar Year is the lesser of:
(i) the quotient obtained by dividing the Participant's Account Balance by the
distribution period in the Uniform Lifetime Table set forth in section 1.401(a)(9)-9,
Q&A-2, of the regulations, using the Participant's age as of the Participant's birthday
in the Distribution Calendar Year; or
u if the Participant's sole Designated Beneficiary for the Distribution Calendar Year is
the Participant's spouse, the quotient obtained by dividing the Participant's Account
Balance by the number in the Joint and Last Survivor Table set forth in section
1.401(a)(9)-9, Q&A-3, of the regulations, using the Participant's and spouse's
attained ages as of the Participant's and spouse's birthdays in the Distribution
Calendar Year.
RESTATEMENT DECEMBER 1, 2008
21 ARTICLE VII (4-55782)
(2) Lifetime Required Minimum Distributions Continue Through Year of Participant's Death
Required minimum distributions will be determined under this (c) beginning with the first
Distribution Calendar Year and continuing up to, and including, the Distribution Calendar
Year that includes the Participant's date of death.
(d) Required Minimum Distributions After Participant's Death
(1) Death On or After Date Distributions Begin
(i) Participant Survived by Designated Beneficiary If the Participant dies on or after the
date distributions begin and there is a Designated Beneficiary, the minimum amount
that will be distributed for each Distribution Calendar Year after the year of the
Participant's death is the quotient obtained by dividing the Participant's Account
Balance by the longer of the remaining Life Expectancy of the Participant or the
remaining Life Expectancy of the Participant's Designated Beneficiary, determined as
follows:
A. The Participant's remaining Life Expectancy is calculated using the age of the
Participant in the year of death, reduced by one for each subsequent year.
B. If the Participant's surviving spouse is the Participant's sole Designated
Beneficiary, the remaining Life Expectancy of the surviving spouse is
calculated for each Distribution Calendar Year after the year of the
Participant's death using the surviving spouse's age as of the spouse's
birthday in that year. For Distribution Calendar Years after the year of the
surviving spouse's death, the remaining Life Expectancy of the surviving
spouse is calculated using the age of the surviving spouse as of the spouse's
birthday in the calendar year of the spouse's death, reduced by one for each
subsequent calendar year.
C. If the Participant's surviving spouse is not the Participant's sole Designated
Beneficiary, the Designated Beneficiary's remaining Life Expectancy is
calculated using the age of the Beneficiary in the year following the year of
the Participant's death, reduced by one for each subsequent year.
00 No Designated Beneficiary. If the Participant dies on or after the date distributions
begin and there is no Designated Beneficiary as of the September 30 of the year
after the year of the Participant's death, the minimum amount that will be distributed
for each Distribution Calendar Year after the year of the Participant's death is the
quotient obtained by dividing the Participant's Account Balance by the Participant's
remaining Life Expectancy calculated using the age of the Participant in the year of
death, reduced by one for each subsequent year.
RESTATEMENT DECEMBER 1, 2008
22 ARTICLE VII (4-55782)
(2) Death Before Date Distributions Begin
(i) Participant Survived by Designated Beneficiary If the Participant dies before the
date distributions begin and there is a Designated Beneficiary, the minimum amount
that will be distributed for each Distribution Calendar Year after the year of the
Participant's death is the quotient obtained by dividing the Participant's Account
Balance by the remaining Life Expectancy of the Participant's Designated Beneficiary,
determined as provided in (d)(1) above, except to the extent that an election is made
to receive distributions in accordance with the 5 -year rule. Under the 5 -year rule, the
Participant's entire interest will be distributed to the Designated Beneficiary by
December 31 of the calendar year containing the fifth anniversary of the Participant's
death.
(ii) No Designated Beneficiary. If the Participant dies before the date distributions begin
and there is no Designated Beneficiary as of September 30 of the year following the
year of the Participant's death, distribution of the Participant's entire interest will be
completed by December 31 of the calendar year containing the fifth anniversary of
the Participant's death.
(iii) Death of Surviving Spouse Before Distributions to Surviving Spouse Are Required to
Begin. If the Participant dies before the date distributions begin, the Participant's
surviving spouse is the Participant's sole Designated Beneficiary, and the surviving
spouse dies before distributions are required to begin to the surviving spouse under
(b)(2)(i) above, this (d)(2) wil apply as if the surviving spouse were the Participant.
SECTION 7.04 --TRANSITION RULES.
(a) Required Minimum Distributions To the extent the Plan was effective before January 1, 2003,
required minimum distributions were made pursuant to (1) through (2) below.
(1) 2000 and Before. Required minimum distributions for calendar years after 1984 and before
2001 were made in accordance with Code Section 401(a)(9) and the proposed regulations
thereunder published in the Federal Register on July 27, 1987 (the 1987 Proposed
Regulations).
(2) 2001 and 2002. Required minimum distributions for calendar years 2001 and 2002 were
made pursuant to the proposed regulations under Code Section 401(a)(9) published in the
Federal Register on January 17, 2001 (the 2001 Proposed Regulations). Distributions were
made in 2001 under the 1987 Proposed Regulations prior to June 14, 2001, and the
special transition rule in Announcement 2001-82, 2001-2 C.B. 123, applied.
(b) Other Distribution Requirements To the extent the Plan was effective before January 1, 2002,
the distribution requirements of Code Sections 457(d)(2)(B) and (C) as in effect prior to such date,
were met for calendar years ending before such date.
RESTATEMENT DECEMBER 1, 2008
23 ARTICLE VII (4-55782)
ARTICLE VIII
TERMINATION OF THE PLAN
The Employer expects to continue the Plan indefinitely but reserves the right to terminate the Plan in
whole or in part at any time upon giving written notice to all parties concerned.
The Participant's Account shall continue to participate in the earnings credited, expenses charged, and
any appreciation or depreciation of the Investment Fund until his Vested Account is distributed.
The Participant's entire Vested Account shall be paid in a single sum to the Participant as of the
effective date of complete termination of the Plan. If a Participant or Beneficiary is receiving payments under
the fixed period or fixed payment installment options, the Account shall be paid to such person in a single sum.
The payment is in full settlement of all benefits otherwise payable.
Upon complete termination of the Plan, no more Employees shall become Participants and no more
Contributions shall be made.
The assets of this Plan shall not be paid to the Employer at any time, except that, after the satisfaction
of all liabilities under the Plan, any assets remaining may be paid to the Employer. The payment may not be
made if it would contravene any provision of law.
RESTATEMENT DECEMBER 1, 2008
24 ARTICLE VIII (4-55782)
ARTICLE IX
ADMINISTRATION OF THE PLAN
SECTION 9.01 --ADMINISTRATION.
Subject to the provisions of this article, the Plan Administrator has complete control of the
administration of the Plan. The Plan Administrator has all the powers necessary for it to properly carry out its
administrative duties. Not in limitation, but in amplification of the foregoing, the Plan Administrator has
complete discretion to construe or interpret the provisions of the Plan, including ambiguous provisions, if any,
and to determine all questions that may arise under the Plan, including all questions relating to the eligibility of
Employees to participate in the Plan and the amount of benefit to which any Participant, Beneficiary, or
Contingent Annuitant may become entitled. The Plan Administrator's decisions upon all matters within the
scope of its authority shall be final.
Unless otherwise set out in the Plan or Annuity Contract, the Plan Administrator may delegate
recordkeeping and other duties which are necessary for the administration of the Plan to any person or firm
which agrees to accept such duties. The Plan Administrator shall be entitled to rely upon all tables, valuations,
certificates and reports furnished by the consultant or actuary appointed by the Plan Administrator and upon all
opinions given by any counsel selected or approved by the Plan Administrator.
The Plan Administrator shall receive all claims for benefits by Participants, former Participants,
Beneficiaries, and Contingent Annuitants. The Plan Administrator shall determine all facts necessary to
establish the right of any claimant to benefits and the amount of those benefits under the provisions of the
Plan. The Plan Administrator may establish rules and procedures to be followed by claimants in filing claims for
benefits, in furnishing and verifying proofs necessary to determine age, and in any other matters required to
administer the Plan.
SECTION 9.02 --EXPENSES.
Expenses of the Plan, to the extent that the Employer does not pay such expenses, may be paid out of
the assets of the Plan provided that such payment is consistent with any law to which the Plan is subject.
Such expenses include, but are not limited to, expenses for recordkeeping and other administrative services;
fees and expenses of the Annuity Contract; expenses far investment education service; and direct costs that
the Employer incurs with respect to the Plan.
SECTION 9.03 --RECORDS.
All acts and determinations of the Plan Administrator shall be duly recorded. All these records, together
with other documents necessary for the administration of the Plan, shall be preserved in the Plan
Administrator's custody.
Writing (handwriting, typing, printing), photostating, photographing, microfilming, magnetic impulse,
mechanical or electrical recording, or other forms of data compilation shall be acceptable means of keeping
records.
RESTATEMENT DECEMBER 1, 2008
25 ARTICLE IX (4-55782)
SECTION 9.04 --DELEGATION OF AUTHORITY.
All or any part of the administrative duties and responsibilities under this article may be delegated by the
Plan Administrator to a retirement committee. The duties and responsibilities of the retirement committee shall
be set out in a separate written agreement.
SECTION 9.05 --EXERCISE OF DISCRETIONARY AUTHORITY.
The Employer, Plan Administrator, and any other person or entity who has authority with respect to the
management, administration, or investment of the Plan may exercise that authority in its/his full discretion,
subject only to the duties imposed under any law to which the Plan is subject. This discretionary authority
includes, but is not limited to, the authority to make any and all factual determinations and interpret all terms
and provisions of the Plan documents relevant to the issue under consideration. The exercise of authority will
be binding upon all persons; will be given deference in all courts of law; and will not be overturned or set aside
by any court of law unless found to be arbitrary and capricious or made in bad faith.
SECTION 9.06 --TRANSACTION PROCESSING.
Transactions (including, but not limited to, investment directions, trades, loans, and distributions) shall
be processed as soon as administratively practicable after proper directions are received from the Participant or
such other parties. No guarantee is made by the Plan, Plan Administrator, Insurer, or Employer that such
transactions will be processed on a daily or other basis, and no guarantee is made in any respect regarding the
processing time of such transactions.
Notwithstanding any other provision of the Plan, the Employer or the Plan Administrator reserves the
right to not value an investment option on any given Valuation Date for any reason deemed appropriate by the
Employer or the Plan Administrator.
Administrative practicality will be determined by legitimate business factors (including, but not limited to,
failure of systems or computer programs, failure of the means of the transmission of data, force majeure, the
failure of a service provider to timely receive values or prices, and correction for errors or omissions or the
errors or omissions of any service provider) and in no event will be deemed to be less than 14 days. The
processing date of a transaction shall be binding for all purposes of the Plan and considered the applicable
Valuation Date for any transaction.
RESTATEMENT DECEMBER 1, 2008
26 ARTICLE IX (4-55782)
ARTICLE X
GENERAL PROVISIONS
SECTION 10.01 --AMENDMENTS.
The Employer may amend this Plan at any time, including any remedial retroactive changes (within the
time specified by Internal Revenue Service regulations), to comply with any law or regulation issued by any
governmental agency to which the Plan is subject.
An amendment may not diminish or adversely affect any accrued interest or benefit of Participants or
their Beneficiaries nor allow reversion or diversion of Plan assets to the Employer at any time, except as may be
required to comply with any law or regulation issued by any governmental agency to which the Plan is subject.
SECTION 1O.O2--DIRECT ROLLOVERS.
Notwithstanding any provision of the Plan to the contrary that would otherwise limit a Distributee's
election under this section, a Distributee may elect, at the time and in the manner prescribed by the Plan
Administrator, to have any portion of an Eligible Rollover Distribution paid directly to an Eligible Retirement Plan
specified by the Distributee in a Direct Rollover.
In the event of a mandatory distribution greater than $1,000 in accordance with the provisions of Article
VIII or Article X that is an Eligible Rollover Distribution, if the Participant does not elect to have such
distribution paid directly to an Eligible Retirement Plan specified by the Participant in a Direct Rollover or to
receive the distribution directly in accordance with this section, then the Plan Administrator will pay the
distribution in a Direct Rollover to an individual retirement plan designated by the Plan Administrator. For
purposes of determining whether a mandatory distribution is greater than $1,000, the portion of the
Participant's distribution attributable to any Rollover Contributions is included. In the event of any other Eligible
Rollover Distribution to a Distributee, if the Distributes does not elect to have such distribution paid directly to
an Eligible Retirement Plan specified by the Distributee in a Direct Rollover or to receive the distribution directly
in accordance with this section, then the Plan Administrator will pay the distribution to the Distributee. A
mandatory distribution is a distribution to a Participant that is made without the Participant's consent and is
made to the Participant before the Participant attains the older of age 62 or Normal Retirement Age.
SECTION 10.03 --PROVISIONS RELATING TO THE INSURER.
The obligations of an Insurer shall be governed solely by the provisions of the Annuity Contract. The
Insurer shall not be required to perform any act not provided in or contrary to the provisions of the Annuity
Contract. Each Annuity Contract when purchased shall comply with the Plan. See the CONSTRUCTION
SECTION of this article.
The Insurer is not a party to the Plan, nor bound in any way by the Plan provisions. It shall not be
required to look to the terms of this Plan, nor to determine whether the Employer or the Plan Administrator
have the authority to act in any particular manner or to make any contract or agreement.
RESTATEMENT DECEMBER 1, 2008
27 ARTICLE X (4-55782)
Until notice of any amendment or termination of this Plan has been received by the Insurer at its home
office, the Insurer is and shall be fully protected in assuming that the Plan has not been amended or terminated
according to the latest information which it has received at its home office.
SECTION 10.04 --EMPLOYMENT STATUS.
Nothing contained in this Plan gives an Employee the right to be retained in the Employer's employ or to
interfere with the Employer's right to discharge any Employee.
SECTION 10.05 --RIGHTS TO PLAN ASSETS.
An Employee shall not have any right to or interest in any assets of the Plan upon termination of
employment or otherwise except as specifically provided under this Plan, and then only to the extent of the
benefits payable to such Employee according to the Plan provisions.
Any final payment or distribution to a Participant or his legal representative or to any Beneficiaries or
Contingent Annuitant of such Participant under the Plan provisions shall be in full satisfaction of all claims
against the Plan, the Plan Administrator, the Insurer, and the Employer arising under or by virtue of the Plan.
SECTION 10.06 --BENEFICIARY.
Each Participant may name a Beneficiary to receive any death benefit (other than any income payable to
a Contingent Annuitant) that may arise out of his participation in the Plan. The Participant may change his
Beneficiary from time to time. The Participant's Beneficiary designation and any change of Beneficiary shall be
subject to the provisions of the ELECTION PROCEDURES SECTION of Article VI. It is the responsibility of the
Participant to give written notice to the Insurer of the name of the Beneficiary on a form fumished for that
purpose.
With the Employer's consent, the Plan Administrator may maintain records of Beneficiary designations.
In that event, the written designations made by Participants shall be filed with the Plan Administrator. If a
Participant dies, the Plan Administrator shall certify to the Insurer the Beneficiary designation on its records for
the Participant.
If there is no Beneficiary named or surviving when a Participant dies, the Participant's Beneficiary shall
be the Participant's surviving spouse, or where there is no surviving spouse, the executor or administrator of
the Participant's estate.
SECTION 10.07--NONALIENATION OF BENEFITS.
Benefits payable under the Plan are not subject to the claims of any creditor of any Participant,
Beneficiary, spouse, or Contingent Annuitant. A Participant, Beneficiary, spouse, or Contingent Annuitant does
not have any rights to alienate, anticipate, commute, pledge, encumber or assign any of such benefits. The
preceding sentences shall not apply to a domestic relations order. A domestic relations order is a judgement,
decree or order (including approval of a property settlement agreement) that relates to the provision of child
support, alimony payments, or the marital property rights of a spouse or former spouse, child, or other
dependent of the Participant made pursuant to the domestic relations law of any State. Payment may be made
RESTATEMENT DECEMBER 1, 2008
28 ARTICLE X (4-55782)
pursuant to a domestic relations order without regard to whether the Participant is eligible for a distribution of
benefits under the Plan.
SECTION 10.08 --CONSTRUCTION.
The validity of the Plan or any of its provisions is determined under and construed according to Federal
law and, to the extent permissible, according to the laws of the state in which the Employer has its principal
office. In case any provision of this Plan is held illegal or invalid for any reason, such determination shall not
affect the remaining provisions of this Plan, and the Plan shall be construed and enforced as if the illegal or
invalid provision had never been included.
In the event of any conflict between the provisions of the Plan and the terms of any Annuity Contract
issued hereunder, the provisions of the Plan control.
SECTION 10.09 --LEGAL ACTIONS.
No person employed by the Employer; no Participant, former Participant, or their Beneficiaries; nor any
other person having or claiming to have an interest in the Plan is entitled to any notice of process. A final
judgment entered in any such action or proceeding shall be binding and conclusive on all persons having or
claiming to have an interest in the Plan.
SECTION 10.10 --SMALL AMOUNTS.
If the Vested Account of a Participant is not more than the dollar limit under Code Section
411(a)(11)(A), his entire Vested Account shall be paid in a single sum as of the earlier of the date he dies or
the date he has a Severance from Employment for any other reason (the date the Employer provides notice to
the record keeper of the Plan of such event, if later). If a Participant would have received a distribution under
the first sentence of this paragraph but for the fact that the Participant's Vested Account exceeded the small
amount cash out limit, and if at a later time the Participant's Vested Account is equal to or less than the small
amount cash out limit and such Participant has not again become an Employee, such Vested Account shall be
paid in a single sum. This is a small amounts payment.
If a small amounts payment is made as of the date the Participant dies, the small amounts payment shall
be made to the Participant's Beneficiary. If a small amounts payment is made while the Participant is living,
the small amounts payment shall be made to the Participant. The small amounts payment is in full settlement
of benefits otherwise payable.
No other small amounts payments shall be made.
SECTION 10.11 --WORD USAGE.
The masculine gender, where used in this Plan, shall include the feminine gender and the singular words,
as used in this Plan, may include the plural, unless the context indicates otherwise.
The words "in writing" and "written," where used in this Plan, shall include any other forms, such as
voice response or other electronic system, as permitted by any governmental agency to which the Plan is
subject.
RESTATEMENT DECEMBER 1, 2008
29 ARTICLE X (4-55782)
SECTION 10.12 --MILITARY SERVICE.
Notwithstanding any provision of this Plan to the contrary, the Plan shall provide contributions, benefits,
and service credit with respect to qualified military service in accordance with Code Section 414(u).
RESTATEMENT DECEMBER 1, 2008
30 ARTICLE X (4-55782)
By executing this Plan, the Employer acknowledges having counseled to the extent necessary with
selected legal and tax advisors regarding the Plan's legal and tax implications.
Executed this day of
COUNTY OF WELD, STATE OF COLORADO
By.
Title
RESTATEMENT DECEMBER 1, 2008
31 PLAN EXECUTION (4-55782)
Hello