TO THE
Exhibit 10.20
AMENDMENT NO. 1
TO THE
AMENDED AND RESTATED
BEARINGPOINT, INC. 401(k) PLAN
WHEREAS, BearingPoint, Inc. (the Corporation) maintains the Amended and Restated BearingPoint, Inc. 401(k) Plan (the Plan); and
WHEREAS, pursuant to its authority under Section 16.1 of the Plan, the Corporation desires to amend the Plan by adopting a model amendment provided by the Internal Revenue Service in Rev. Proc. 2002-29 for purposes of complying with changes in the law applying to minimum required distributions from the Plan.
NOW THEREFORE, the Plan is hereby amended as follows, effective January 1, 2003.
1. The following new Article 17 is added to the Plan as follows:
ARTICLE 17
MINIMUM DISTRIBUTION REQUIREMENTS
Section 17.1. General Rules.
(a) Effective Date. The provisions of this Article will apply for purposes of determining required minimum distributions for calendar years beginning on and after January 1, 2003.
(b) Precedence. The requirements of this Article will take precedence over any inconsistent provisions of the Plan.
(c) Requirements of Treasury Regulations Incorporated. All distributions required under this Article will be determined and made in accordance with the Treasury regulations under section 401(a)(9) of the Internal Revenue Code.
Section 17.2. Time and Manner of Distribution.
(a) Required Beginning Date. The Participants entire interest will be distributed, or begin to be distributed, to the Participant no later than the Participants required beginning date.
(b) Death of Participant Before Distributions Begin. If the Participant dies before distributions begin, the Participants entire interest will be distributed, or begin to be distributed, no later than as follows:
(1) If the Participants surviving spouse is the Participants sole designated beneficiary, then, except as provided in 17.2(b)(5) below, 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.
(2) If the Participants surviving spouse is not the Participants sole designated beneficiary, then, except as provided in 17.2(b)(5) below, distributions to the designated beneficiary will begin by December 31 of the calendar year immediately following the calendar year in which the Participant died.
(3) If there is no designated beneficiary as of September 30 of the year following the year of the Participants death, the Participants entire interest will be distributed by December 31 of the calendar year containing the fifth anniversary of the Participants death.
(4) If the Participants surviving spouse is the Participants sole designated beneficiary and the surviving spouse dies after the Participant but before distributions to the surviving spouse begin, this Section 17.2(b), other than Section 17.2(b)(1), will apply as if the surviving spouse were the Participant.
(5) Notwithstanding any provision in this Section to the contrary, if the Participant dies before distributions begin and there is a designated beneficiary, distribution to the designated beneficiary is not required to begin by the date specified in 17.2(b)(1) or 17.2(b)(2) above and the Participants entire interest will be distributed to the designated beneficiary by December 31 of the calendar year containing the fifth anniversary of the Participants death. If the Participants surviving spouse is the Participants sole designated beneficiary and the surviving spouse dies after the Participant but before distributions to either the Participant or the surviving spouse begin, this provision will apply as if the surviving spouse were the Participant.
For purposes of this Section 17.2(b) and Section 17.4, unless Section 17.2(b)(4) or the last sentence of Section 17.2(b)(5) apply, distributions are considered to begin on the Participants required beginning date. If Section 17.2(b)(4) or the last sentence of Section 17.2(b)(5) apply, distributions are considered to begin on the date distributions are required to begin to the surviving spouse under Section 17.2(b)(1). If distributions under an annuity purchased from an insurance company irrevocably commence to the Participant before the Participants required beginning date (or to the Participants surviving spouse before the date distributions are required to begin to the surviving spouse under Section 17.2(b)(1)), the date distributions are considered to begin is the date distributions actually commence.
(c) Forms of Distribution. Unless the Participants 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 Sections 17.3 and 17.4 of this Article. If the Participants 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 section 401(a)(9) of the Code and the Treasury regulations.
Section 17.3. Required Minimum Distributions During Participants Lifetime.
(a) Amount of Required Minimum Distribution For Each Distribution Calendar Year. During the Participants lifetime, the minimum amount that will be distributed for each distribution calendar year is the lesser of:
(1) the quotient obtained by dividing the Participants account balance by the distribution period in the Uniform Lifetime Table set forth in section 1.401(a)(9)-9 of the Treasury regulations, using the Participants age as of the Participants birthday in the distribution calendar year; or
(2) if the Participants sole designated beneficiary for the distribution calendar year is the Participants spouse, the quotient obtained by dividing the Participants account balance by the number in the Joint and Last Survivor Table set forth in section 1.401(a)(9)-9 of the Treasury regulations, using the Participants and spouses attained ages as of the Participants and spouses birthdays in the distribution calendar year.
(b) Lifetime Required Minimum Distributions Continue Through Year of Participants Death. Required minimum distributions will be determined under this Section 17.3 beginning with the first distribution calendar year and up to and including the distribution calendar year that includes the Participants date of death.
Section 17.4. Required Minimum Distributions After Participants Death.
(a) Death On or After Date Distributions Begin.
(1) 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
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each distribution calendar year after the year of the Participants death is the quotient obtained by dividing the Participants account balance by the longer of the remaining life expectancy of the Participant or the remaining life expectancy of the Participants designated beneficiary, determined as follows:
(A) The Participants 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 Participants surviving spouse is the Participants sole designated beneficiary, the remaining life expectancy of the surviving spouse is calculated for each distribution calendar year after the year of the Participants death using the surviving spouses age as of the spouses birthday in that year. For distribution calendar years after the year of the surviving spouses death, the remaining life expectancy of the surviving spouse is calculated using the age of the surviving spouse as of the spouses birthday in the calendar year of the spouses death, reduced by one for each subsequent calendar year.
(C) If the Participants surviving spouse is not the Participants sole designated beneficiary, the designated beneficiarys remaining life expectancy is calculated using the age of the beneficiary in the year following the year of the Participants death, reduced by one for each subsequent year.
(2) No Designated Beneficiary. If the Participant dies on or after the date distributions begin and there is no designated beneficiary as of September 30 of the year after the year of the Participants death, the minimum amount that will be distributed for each distribution calendar year after the year of the Participants death is the quotient obtained by dividing the Participants account balance by the Participants remaining life expectancy calculated using the age of the Participant in the year of death, reduced by one for each subsequent year.
(b) Death Before Date Distributions Begin.
(1) Participant Survived by Designated Beneficiary. If the Participant dies before the date distributions begin and there is a designated beneficiary, and the Participant so elects in accordance with Section 17.4(b)(2), the minimum amount that will be distributed for each distribution calendar year after the year of the Participants death is the quotient obtained by dividing the Participants account balance by the remaining life expectancy of the Participants designated beneficiary, determined as provided in Section 17.4(a). In the event a Participant or beneficiary does not so elect, the 5-year rule set forth in Section 17.2(b)(5) will apply.
(2) Election. Participants or beneficiaries may elect on an individual basis whether the 5-year rule set forth in Section 17.2(b)(5) or the life expectancy rule in Section 17.2(b) and this Section 17.4(b) applies to distributions after the death of a Participant who has a designated beneficiary. In the event a Participant or beneficiary does not so elect, the 5-year rule set forth in Section 17.2(b)(5) will apply. The election must be made no later than the earlier of September 30 of the calendar year in which distribution would be required to begin under Section 17.2(b) of this Article, or by September 30 of the calendar year which contains the fifth anniversary of the Participants (or, if applicable, surviving spouses) death. If neither the Participant nor beneficiary makes an election under this paragraph, distributions will be made in accordance with Section 17.2(b) and this Section 17.4(b).
(3) 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 Participants death, distribution of the Participants entire interest will be completed by December 31 of the calendar year containing the fifth anniversary of the Participants death.
(4) Death of Surviving Spouse Before Distributions to Surviving Spouse Are Required to Begin. If the Participant dies before the date distributions begin, the Participants surviving spouse is the Participants sole designated beneficiary, and the surviving spouse dies before distributions are required to begin to the
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surviving spouse under Section 17.2(b)(1), this Section 17.4(b) will apply as if the surviving spouse were the Participant.
Section 17.5. Definitions.
(a) Designated beneficiary. The individual who is designated as the Beneficiary under Section 9.6 of the Plan and is the designated beneficiary under section 401(a)(9) of the Internal Revenue Code and section 1.401(a)(9)-1, Q&A-4, of the Treasury regulations.
(b) Distribution calendar year. A calendar year for which a minimum distribution is required. For distributions beginning before the Participants death, the first distribution calendar year is the calendar year immediately preceding the calendar year which contains the Participants required beginning date. For distributions beginning after the Participants death, the first distribution calendar year is the calendar year in which distributions are required to begin under Section 17.2(b). The required minimum distribution for the Participants first distribution calendar year will be made on or before the Participants 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 Participants required beginning date occurs, will be made on or before December 31 of that distribution calendar year.
(c) Life expectancy. Life expectancy as computed by use of the Single Life Table in section 1.401(a)(9)-9 of the Treasury regulations.
(d) Participants account balance. 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 balance 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.
(e) Required beginning date. The date specified in Section 9.1(e) of the Plan.
IN WITNESS WHEREOF, this Amendment has been executed on behalf of the Corporation by the undersigned duly authorized member of the Corporation.
BEARINGPOINT, INC.
Date: April 29, 2004 | By: | /s/ Joanne D. Myles | ||||||
Joanne D. Myles Managing Director, Global Human Resources |
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