Laserfiche WebLink
MITiCL.E 111. ADMINISTRATION <br />8"41on 3.01 Cutis of Employer. The Employer k,a11 have the authority <br />10 make all discretionary decisions effecting the rights or benefits of ParomParrts <br />which may tae required in the administration of this Plan. <br />SoCt{on 3.02 Duties of Administrator. The Administrator, as agent for the <br />Employer, shalt perform nondisi tetionsry administrative functions in connec- <br />tion with this Plan, including the maintenance of Poirwpards' Accounts, the <br />provision of periodic reports on the status of each Account and the disburse, <br />mens of bore is m behalf of the Employer in accordance with the provisioris <br />of this Ptah <br />ARTICLE rV. PARTICIPATION IN THE PLAN <br />Section 6.01 Initial Participation: An Employee may become a Participant <br />by entering Into a Joinder Agreement prho to the beginning of the calendar <br />nxntttt in which cite Joinder Agreement is to income effective to (War anti <br />pensabon not yet carried. <br />motion 4,02 Arnnndment of Joinder Aoresment: A Participant may <br />amend an executed Joinder Agreement to Change the amount 01 Compensa• <br />titin not yet parried Which is to be deferred (including the reduction of such <br />Atfvura defara els to ze o) or to Change Pis investment preference (subject to such <br />restrictions as may result from the nature of terms of try investment made <br />by the Employer). Such amendment shalt become effective as of the begin- <br />ning of the Calendar month Commencing after the date Nle amendment is <br />executed. A Participant may at arty time amend his Joinder Agreement to <br />charge the designated Beneficiary, and such amendment shall became elrec. <br />tine imme"oly. <br />ARTICLE V. LIMITATIONS OF DEFERRALS <br />Section 6,01 Normal Umltation: Except as provided in Section 502, the <br />maximum amount of Deferred Compensation for any Participant for any taws• <br />bre year "I not exceed the feasor o( 57,50000 o(331/3 percent of the Par. <br />tCipartt Includible Compensation kyr the taxable year This hmitanon ani( p6nar. <br />ity be equivalent to the lesser of $7,SOb00 or 25 percent of the Pailopant's <br />Normal Compensation. <br />Sacilon 5.02 Catch -Up Limitation: For each of the test three (3) table <br />years of a Participant ending before his attainment of Normal Retirement Age, <br />the maximum amount of Deferred Compensation Shed be the lesser ot: <br />0) $15.000 or (2) the sum of (i) the Normal Limitation tot the taxable year, and <br />(ii) that potion d the Nord Limitation for each of the prior taxable years of <br />the Participant comnvnCing atter 1976 during which the Plan was inexistence, <br />compensabon (if any) deterred under the pian was subject to the limitations <br />W forth in section 501, and the Participant was eligible to participate in the <br />Plan (or in any other pian established under section 457 of the internal Rove- <br />" Code by an employer within the same State as the Employer) in excess <br />of the amount of Deferred Compensation kir each such prior taxable year <br />(inducing amounts deferred under such other {tan) For purposes of this Section <br />502, a Participants Includible Compensation for the Current taxable year dhafl <br />be dawned b include any Deterred Comper>sation for tae taxable year in <br />of the amount permitted under the Normal Limitation, and the Participant's <br />Includible CiDmpensation for any prior larable year "I be downed to exclude <br />arty amount that could have been deferred under the Normal Limitation for <br />such prior taxable year. <br />Section 5.03 Section 403(b) Annuities: For purposes of Sections 5011 and <br />5.02, amounts contributed by the Employer on behalf of a Participant tot the <br />purchase of an annuity Contract desachbed in section 403(b) of the Internal <br />Revenue Cade "I be treated as it such amounts eortstrtuted Deferred Com- <br />pensation uncier this Plan for the tearable year in which the coniritwtion was <br />mace and shall thereby reduce the maximum arnourht that may be referred <br />for such taxable year <br />Section 6,01 inverstment of Deferred Compensation: All investments of <br />Part ciparits' Deferred Compensat on made by the Employer, including all prop - <br />wry and rights purchased witty such armounts" all income attributable thereto, <br />shall be the sole property of the Employer and shall not be held in trust for <br />Participants or as collateral security fir the Puff ilmerd of the Employer)s obiigo. <br />tions under the man Such property "I be subbed to the Claims of general <br />Mors of the Employer, and no Participant or Beneficiary rlhaft have any vested <br />Interest of secured of prelerred poedion with rasped to Such progeny a have <br />arty claim against the Employer excepi as a general credito. <br />Section 6.02 Crediting of Accounts: The Partiefpantis Account "I reflect <br />dis amount and value of the invesfinera or other property ob(a ned by the <br />Employer through the inv'ewrient of the Parecipant's Deferred Compensation. <br />it is anticipated that the Employert investments with rasped to a PrI cipard <br />W conform to the investment preference specified in the Part;cipan:'A Joinder <br />Agrisernent, but nothing herein shall be corWrued to require the Employer to <br />make try partiCutar in estmara of a Pan,opani s Deterred Compens®bon Each <br />Participant OW receive parodic reports, not lass frequently than annikey. Oxw <br />UV the t an-curteni value of his Account. <br />Section 6.031 Nnsfers: A transfer will be accepted from an eligible State <br />deferred Compensation plan meirhlained by another employer and Cre{:ged <br />to a Participant'. Account under this Plan. The Employer may require such <br />documentation from the predecessor pian as ii deems necessary to effectu• <br />ate the transfer, to confirm that such plan is an eligible State deferred Caen <br />pen ation plan wrftn fir. rneonirg of section 457 of the frternal Revenue Code. <br />and to assure that transfers are provided for under such plan. Any such trans - <br />Jerrod amount shall rpt be treated as a deferral subject to the limitations Of <br />Article V, except that, for purposes of applying the limitations of Section 5.01 <br />and $02, an amount deterred during any taxable year under tote Ilan from <br />which the transfer is accepted shall be treated as it it had been deferred under <br />this Pian during such gable year and compensation paid by the transferor <br />employer I be treated as if it had been paid by the Employer <br />SlKtton 6.04 Employer Liability: in no event shall the EmOwVs liability <br />to pay benefits to a Participant under Article VI wooed the value of the amounts <br />credited to the Partopanit Account, the Employer shall not be hat: iie fa losses <br />arising from depreciation or shrinkage in the value of any irr aSUner its acquired <br />under this Plan. <br />ARTICLE VII. BENEFITS <br />Section 7.01 Retirement Benefits and Election on Separation from <br />Service: Except as otherwise provided in this Anicle VII, the distribution of <br />a Pan c+pant's Account shall commence during the second calendar month <br />star the Close of the Plan Year of the Part cipant's Retirement, and the disira <br />bution of such Retirement benefits shall be made in accordance with one of <br />the payment options described in Section 7.02 NoMhthstandmg the forego- <br />irg, the Participant may irrevocably elect within 60 days folioving separation <br />from Service to have the disintution of benefits cAmmence on a date other <br />than that described in the preceding sentence which is at least 60 days after <br />tie date such election is delivered in writing to the Employer and forwardad <br />to the Administrator but rot later than 60 days after the close of the Poen year <br />of the Participant's atllnrmnt of Normal Retirement Age or Separation from <br />Service, whichever is later, <br />Section 7.02 Payment Options: As provided in Sections 701 and 705, a <br />Participant may elat to have the value of his Account distributed in actor. <br />dance with one of the following payment options. provided that such option <br />is Consistent with the limitations set forth in Section 703. <br />(a) Equal monthly, quarterly. semi-annual or annual payments in an amount <br />chosen by the Participant, continuing until his Account is exhausted, <br />(b) One lump sum payment: <br />(c) AA1xWumately equal monthly, quarterly, wrwannual a annual peym em <br />calculated to continue for a period Chosen by the Participant, <br />(d) Paymerrts equal to payinants made by the issuer of a retirement annuity <br />policy acquired by the Employer; <br />(a) Any other payment option elected by the Partrcipam and agreed to by <br />the Employer <br />A Participant's election of a payment option must be made at least 30 days <br />before the payment d benefits is to Commence, If a Participant tads to make <br />a timely election Cf a payment option, benefits shall be paid monthly under <br />option (c) above for a period of five years. <br />Section 7.03 Limitation on Options: No payment opt on may be selected <br />try the Participant under Secion 702 unless the presern value of the payments <br />to the Participant, dettermirhed as of the dale benefits commend exceeds 50 <br />percent of the value or the Participant's Account as of the date benefits <br />