K&F Industries Retirement Plan for Salaried Employees
This agreement establishes the K&F Industries Retirement Plan for Salaried Employees, a defined benefit pension plan for eligible salaried employees. The plan outlines how retirement benefits are calculated, eligibility requirements, vesting, employee and employer contributions, and payment options. It also details administrative procedures, amendment and termination rights, and compliance with federal law. The plan is intended to provide retirement income and survivor benefits, and is designed to qualify for tax-exempt status under IRS rules. Participation and benefits are subject to specific terms and conditions set forth in the plan document.
INTRODUCTION | -1- | |||||||
General Description | -1- | |||||||
ARTICLE I. DEFINITIONS | -2- | |||||||
ABS Participant | -2- | |||||||
Actuarial Equivalent | -2- | |||||||
Adjusted Earnings | -2- | |||||||
Affiliate | -2- | |||||||
Alternate Payee | -3- | |||||||
Annual Accrued Benefit | -3- | |||||||
Annuity Starting Date | -3- | |||||||
Base Amount | -3- | |||||||
Basic Benefit | -3- | |||||||
Beneficiary | -3- | |||||||
Board | -4- | |||||||
Class A Survivor | -4- | |||||||
Class B Survivor | -4- | |||||||
Class C Survivor | -4- | |||||||
Code | -4- | |||||||
Committee | -5- | |||||||
Company | -5- | |||||||
Contribution Base Amount | -5- | |||||||
Contributing Participant | -5- | |||||||
Contributory Benefit | -5- | |||||||
Contributory Service | -5- | |||||||
Deferred Vested Benefit | -5- | |||||||
Deferred Vested Termination Date | -5- | |||||||
Early Commencement Factor | -6- | |||||||
Early Retirement Benefit | -6- | |||||||
Early Retirement Date | -6- | |||||||
Earnings | -6- | |||||||
Effective Date | -7- |
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EF Participant | -7- | |||||||
Election Period | -7- | |||||||
Eligibility Service | -7- | |||||||
Eligible Employee | -7- | |||||||
Eligible | Spouse | -8- | ||||||
Employer | -8- | |||||||
Employment Date | -9- | |||||||
ERISA | -9- | |||||||
Forfeitures | -9- | |||||||
Former Participant | -9- | |||||||
Goodyear Participant | -9- | |||||||
Goodyear Plan | -9- | |||||||
Highly Compensated Employee | -9- | |||||||
Hour of Service | -9- | |||||||
K&F Participant | -9- | |||||||
Late Retirement Benefit | -9- | |||||||
Late Retirement Date | -9- | |||||||
Normal Retirement Date | -9- | |||||||
Normal Retirement Benefit | -10- | |||||||
Option | -10- | |||||||
Participant | -10- | |||||||
Period of Severance | -10- | |||||||
Plan | -10- | |||||||
Plan Year | -10- | |||||||
Prior Plan | -10- | |||||||
Prior Plan Participant | -10- | |||||||
Proper Application | -10- | |||||||
QDRO | -10- | |||||||
QJSA | -10- | |||||||
QPSA | -10- | |||||||
Qualified Joint and Survivor Annuity | -10- | |||||||
Qualified Pre-Retirement Survivor Annuity | -11- | |||||||
Regular Survivor Benefit | -11- | |||||||
Required Beginning Date | -11- | |||||||
Retirement Date | -11- | |||||||
Severance from Service Date | -11- | |||||||
Social Security Wage Base | -11- | |||||||
Special Supplemental Non-Contributory Benefit | -11- | |||||||
Survivor | -11- | |||||||
Transition Survivor Benefit | -11- | |||||||
Trust Agreement | -11- |
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Trust | -11- | |||||||
Trustee | -11- | |||||||
Vested Percentage | -11- | |||||||
ARTICLE II. ADMINISTRATION | -12- | |||||||
2.1 | Committees Discretionary Power to Interpret and Administer the Plan | -12- | ||||||
2.2 | Rules of the Committee | -13- | ||||||
2.3 | Claims Procedure | -13- | ||||||
2.4 | QDRO Claim | -14- | ||||||
2.5 | Indemnification of Committee Participants | -15- | ||||||
2.6 | Power to Execute Plan and Other Documents | -15- | ||||||
2.7 | Conclusiveness of Records | -15- | ||||||
ARTICLE III. ELIGIBILITY AND HOW TO CALCULATE SERVICE | -16- | |||||||
3.1 | When Participation Starts and Ends | -16- | ||||||
3.2 | How to Calculate Eligibility Service | -16- | ||||||
ARTICLE IV. VESTING AND FORFEITURES | -18- | |||||||
4.1 | Vesting | -18- | ||||||
4.2 | Forfeitures | -18- | ||||||
ARTICLE V AMOUNT OF RETIREMENT BENEFIT | -19- | |||||||
5.1 | General Rules for Calculating Amount of Plan Benefits | -19- | ||||||
5.2 | The Different Plan Benefits | -19- | ||||||
5.3 | Annual Accrued Benefit | -19- | ||||||
5.4 | Special Section 401(a)(17) Provision Regarding Plan Benefits | -22- | ||||||
5.5 | Normal Retirement Benefit | -23- | ||||||
5.6 | Late Retirement Benefit | -23- | ||||||
5.7 | Early Retirement Benefit | -23- | ||||||
5.8 | Special Supplemental Non-Contributory Benefit | -24- | ||||||
5.9 | Deferred Vested Benefit | -25- | ||||||
5.10 | Co-ordination with Prior Plan | -26- | ||||||
5.11 | Effect of Deferred Payment | -26- | ||||||
5.12 | Reemployment After Receipt of Plan Benefits | -26- | ||||||
5.13 | Employment After Normal Retirement Date | -27- | ||||||
5.14 | Transition Survivor Benefit | -27- | ||||||
5.15 | Regular Survivor Benefit | -29- | ||||||
ARTICLE VI. PAYMENT OF RETIREMENT AND DEATH BENEFITS | -31- | |||||||
6.1 | How to Retire | -31- | ||||||
6.2 | Timing of Participants Benefits | -32- |
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6.3 | Normal Form of Benefits | -34- | ||||||
6.4 | Notice and Election Period | -34- | ||||||
6.5 | Waiver and Spousal Consent Necessary for Optional Forms of Benefit | -35- | ||||||
6.6 | Optional Forms of Benefit | -37- | ||||||
6.7 | Qualified Pre-Retirement Survivor Annuity | -38- | ||||||
6.8 | Special Qualified Pre-Retirement Survivor Annuity for Non-Spouse Beneficiaries | -40- | ||||||
6.9 | Form of Benefit Fixed as of Annuity Starting Date | -41- | ||||||
ARTICLE VII. EMPLOYEE CONTRIBUTIONS | -42- | |||||||
7.1 | Period of Participation | -42- | ||||||
7.2 | Employee Contributions | -42- | ||||||
7.3 | Withdrawal of Contributions | -43- | ||||||
7.4 | Repayment of Contributions Previously Withdrawn | -44- | ||||||
7.5 | Return of Contributions in Event of Death | -44- | ||||||
7.6 | Additional Death Benefit | -45- | ||||||
ARTICLE VIII. THE TRUST, FUNDING AND CONTRIBUTIONS | -46- | |||||||
8.1 | Employer Contributions to the Trust Fund | -46- | ||||||
8.2 | Employee Contributions to the Trust Fund | -46- | ||||||
8.3 | The Trust | -46- | ||||||
ARTICLE IX. AMENDMENT AND TERMINATION | -47- | |||||||
9.1 | Power to Amend Plan | -47- | ||||||
9.2 | Power to Terminate Plan | -47- | ||||||
9.3 | Allocation of Assets Upon Termination | -47- | ||||||
9.4 | Reversion to Employer | -48- | ||||||
ARTICLE X. LIMITATION OF BENEFITS | -49- | |||||||
10.1 | Construction | -49- | ||||||
10.2 | Definitions | -49- | ||||||
10.3 | Limitation on Annual Benefits | -50- | ||||||
10.4 | Adjustments for Early or Late Payment | -50- | ||||||
10.5 | Conditional Exemption for Pensions Under $10,000 | -51- | ||||||
10.6 | Participants with Fewer Than Ten Years of Service | -51- | ||||||
10.7 | Participants with Fewer Than Ten Years of Participation | -51- | ||||||
10.8 | Benefits Payable under More Than One Defined Benefit Plan | -52- | ||||||
10.9 | Participation in Defined Contribution Plan | -52- | ||||||
10.10 | Limitation Year | -54- | ||||||
10.11 | Protection of Current Accrued Benefit | -54- | ||||||
10.12 | Rules Regarding 25 Top-Paid Employees | -54- |
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ARTICLE XI. GENERAL PROVISIONS | -56- | |||||||
11.1 | No Contract of Employment | -56- | ||||||
11.2 | Employer Not Liable for Plan Benefits | -56- | ||||||
11.3 | Exclusive Benefit and Return of Employer Contributions | -56- | ||||||
11.4 | Tax Withholding | -57- | ||||||
11.5 | Incompetency or Minority of Payee | -57- | ||||||
11.6 | Missing Payees | -57- | ||||||
11.7 | Alienation and QDROs | -58- | ||||||
11.8 | Notice to Committee, Elections | -59- | ||||||
11.9 | Merger or Transfer With Other Plans | -59- | ||||||
11.10 | Fiduciaries | -59- | ||||||
11.11 | Plans Shall Comply with Law; and Choice of Law | -59- | ||||||
11.12 | Qualified Military Service | -59- | ||||||
11.13 | Gender and Number | -60- | ||||||
11.14 | Headings of Sections and Articles | -60- | ||||||
11.15 | Illegality of Particular Provisions | -60- | ||||||
11.16 | Receipt and Release for Payments | -60- | ||||||
11.17 | Action by the Employer | -60- | ||||||
11.18 | Mistaken Payments | -60- | ||||||
11.19 | Participants and Beneficiaries Bound by the Plan | -61- | ||||||
11.20 | Direct Rollover Distributions to Other Plans or IRAs | -61- | ||||||
ARTICLE XII. SPECIAL PROVISIONS FOR GOODYEAR PARTICIPANTS | -63- | |||||||
12.1 | Reductions for Goodyear Plan Benefits | -63- | ||||||
12.2 | Miscellaneous Provisions Regarding Goodyear Plan Participants | -63- | ||||||
ARTICLE XIII. TOP-HEAVY PROVISIONS | -64- | |||||||
13.1 | Applicable Plans Included in Determination of Top Heavy Status | -64- | ||||||
13.2 | Key Employee | -64- | ||||||
13.3 | Top Heavy Test | -65- | ||||||
13.4 | Determination Dates | -65- | ||||||
13.5 | Add-Back of Prior Distributions | -66- | ||||||
13.6 | Former Employees Disregarded after Five Plan Years | -66- | ||||||
13.7 | Compliance with Code Section 416 | -66- | ||||||
13.8 | Beneficiaries | -66- | ||||||
13.9 | Provisions Applicable in Top Heavy Plan Years | -66- | ||||||
13.10 | Represented Employees | -68- | ||||||
ARTICLE XIV. LEASED EMPLOYEES | -69- | |||||||
14.1 | Applicable Plans Included Definitions | -69- |
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14.2 | Treatment of Leased Employees | -69- | ||||||
14.3 | Exception for Employees Covered by Plans of Leasing Organization | -69- | ||||||
14.4 | Construction | -70- | ||||||
Supplement A | -71- |
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RETIREMENT PLAN FOR SALARIED EMPLOYEES
(1) | Effective May 1, 1989, reflecting amendments made through January 1, 1990; | ||
(2) | Effective May 1, 1989, reflecting amendments made through December 20, 1994; and | ||
(3) | Effective January 1, 1997, reflecting amendments made through December 31, 2001. |
(a) | A benefit of equal value based upon the Unisex Pension-1984 Mortality Table and an interest rate of 6% per annum, compounded annually, except as provided further in this definition. | ||
(b) | Effective for lump sum distributions made on or after January 1, 2000, in determining the present value of any vested accrued benefit under this Plan, the interest rate used shall equal the annual rate of interest on 30-year Treasury securities as specified by the Commissioner of Internal Revenue for the second calendar month preceding the first day of the Plan Year during which the Annuity Starting Date occurs; and the mortality assumption post-retirement will be the 1983 Group Annuity Mortality Table, gender neutral, blended 50/50 Male/Female or such other mortality table as may be required by the Code or applicable regulations. For lump sum distributions made prior to January 1, 2000, the prior version of this Plan shall determine the actuarial assumptions used for this purpose. |
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(a) | with respect to any lump sum or installment payment, the date as of which the Participant is both (1) eligible to receive payments and (2) has completed his Proper Application (if applicable). | ||
(b) | with respect to any one of a series of payments over the life or life expectancy of one or more distributees, the first date for which the benefit is paid, even if this date is not the date of actual payment. | ||
(c) | The term Annuity Starting Date shall be determined with respect to payments made to the Participant, rather than with respect to any survivor benefit payments (excepting only the QPSA). | ||
(d) | The term Annuity Starting Date shall, in all events, be defined by Code Regulation Section 1.401(a)-20. |
(a) | The Beneficiary of any married Participant shall normally be his legally married spouse, at the time of death (whether or not she or he is an Eligible Spouse). Married Participants may designate someone other than a spouse as Beneficiary, only if the designation includes the written consent of the Participants spouse, as set out in Section 6.5. If these requirements are not met, then the designation of a non-spouse Beneficiary is invalid. However, the Committee |
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may not require the spouses written consent if it is established to the satisfaction of the Committee that such consent cannot be obtained because (a) there is no spouse, (b) the spouse cannot be located, or (c) such other circumstances exist as may be prescribed by applicable regulation. |
Any such written spousal consent or establishment that consent cannot be obtained shall be effective only with respect to that spouse. | |||
(b) | Beneficiary designations may be changed at any time before the Annuity Starting Date. If no proper Beneficiary is designated or survives, the Participants Beneficiary shall be, in the following order of priority: (1) his spouse, if living at the time of such payment; (2) his children (including adopted children but excluding stepchildren) per stirpes; (3) his estate. | ||
(c) | If the Committee is in doubt as to the right of any person to receive a Plan benefit, the Committee may direct the Trustee to retain such amount, without liability for any interest thereon, until the rights thereto are determined, or the Committee may direct the Trustee to pay such amount into any court of appropriate jurisdiction and such payment shall be a complete discharge of the liability of the Plan and the Trust therefor. |
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(a) | the first day of the month coincident with or next following the date that a Participant terminates active employment. A Deferred Vested Termination Date will always precede any date that might have been the Participants Retirement Date. | ||
(b) | Generally, a Deferred Vested Termination Date will arise only with respect to a Participant whose Vested Percentage is more than 0%. However, a Contributing Participant who retains a Contributory Benefit may incur a Deferred Vested Termination Date even if he has no Vested Percentage. | ||
(c) | A Deferred Vested Termination Date will be the date as of which a Participants Deferred Vested Benefit is calculated, under Article V. | ||
(d) | A Deferred Vested Termination Date is not a Retirement Date per se. Accordingly, if any benefit under any welfare plan is dependent upon retirement, then such a benefit may not be |
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available to a Participant who terminates employment as of his Deferred Vested Termination Date. |
(a) | retires under the terms of the Plan; | ||
(b) | has not reached his Normal Retirement Date; | ||
(c) | is not receiving benefits under his Employers long term disability policy; and | ||
(d) | has completed one of the following requirements: |
(1) | 30 years of Eligibility Service; or | ||
(2) | attained age 55 plus |
(A) | 10 years of Eligibility Service; or | ||
(B) | attained age plus years of Eligibility Service equal to at least 70. |
(a) | the total cash remuneration actually paid by an Employer, including regular earnings; commissions; overtime pay; bonuses; incentive compensation; elective employee deferrals or contributions made under any qualified retirement plan; Code Section 125 elective payroll deduction contributions; and lump sum vacation allowances. | ||
(b) | Any compensation that is accrued but not paid during the relevant Plan Year shall be included only in the Plan Year when paid. The following items shall also be excluded: any special allowances; distributions from any employer qualified retirement or welfare plan; the execution or granting of stock options; imputed income from life insurance; fringe benefits; employer |
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contributions made to any welfare plan, or to any qualified retirement plan; any reimbursed expenses such as relocation expenses; all severance pay and unemployment benefits. |
(c) | (1 | ) | Effective as of January 1, 1994, in addition to other applicable limits set out in this Plan, and notwithstanding any contrary Plan provisions, Earnings accounted under this Plan shall be capped at $150,000 (adjusted for cost of living, as provided by Code Section 401(a)(17)). | |||||
(2 | ) | If a cost of living adjustment is declared under the Code with respect to any calendar year, it shall affect the Earnings accounted for the Plan Year that begins on the January 1st of that same calendar year. | ||||||
(3 | ) | Generally, if Earnings paid for any prior Plan Year are taken into account in determining benefit accruals for the current Plan Year, then the Earnings limit for the prior year will be subject to the Code Section 401(a)(17) limit applicable (adjusted for the cost of living) for that prior year. | ||||||
(4 | ) | If a Participant is not actively employed for a full Plan Year, then his credited Earnings under Code Section 401(a)(17) shall not be reduced, prorated, or limited because of his incomplete year of service. | ||||||
(5 | ) | However, if this Plan should be amended to base its benefit allocation or accrual formula on compensation paid for a period of less than a Plan Year, then Earnings taken into account under this Plan shall be prorated, to correspond to the period of time used in the Plan formula. For example, if the Plan formula is based on compensation paid each quarter, then the 401(a)(17) limit for that Plan Year shall be divided by four, when applying the Plan benefit formula. |
(e) | To the extent that any Participants Earnings exceeded $150,000 prior to January 1, 1994, Section 5.4 shall apply to his Annual Accrued Benefit. |
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(a) | An Employer may, in its discretion, determine that employees employed in a specified division, subdivision, plant, location or job classification of such Employer shall not be Eligible Employees, provided that any such determination shall not discriminate in favor of Highly Compensated Employees so as to prevent the Plan from qualifying under section 401(a) of the Code; | ||
(b) | If an employee is employed primarily to render services within the jurisdiction of a union and his compensation, hours of work, or conditions of employment are determined by collective bargaining with such union, he shall not be an Eligible Employee unless the applicable collective bargaining agreement expressly provides that he shall be eligible to participate in this Plan, in which event he shall be entitled to participate in this Plan only to the extent and on the terms and conditions specified in such collective bargaining agreement. | ||
(c) | An employee shall not be an Eligible Employee if he is a nonresident alien; and | ||
(d) | An individual who performs services for an Employer under an agreement or arrangement (which may be written, oral, and/or evidenced by the Employers payroll practice) with such individual or with any other organization that provides the services of such individual to the Employer, pursuant to which such individual is treated as an independent contractor or is otherwise treated as an individual ineligible for participation in this Plan, shall not be an Eligible Employee irrespective of whether he or she is treated as an employee of an Employer under common law employment principles or pursuant to the provisions of section 414(m), 414(n) or 414(o) of the Code. |
(a) | A Participants legally married spouse. Further, with respect to a spouses eligibility to receive a QPSA survivor benefit, an Eligible Spouse must have been married to the Participant for at least one full year before the Participants date of death. | ||
(b) | Whether or not an individual is an Eligible Spouse shall in all events be determined under Code Regulation section 1.401(a)-20. |
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(a) | An individual who has ceased to be a Participant for any of the reasons set out in Article III. | ||
(b) | A Former Participant is ineligible to accrue further benefits under the Plan. |
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(a) | an employees 65th birthday, or | ||
(b) | the date an employee completes five years of Eligibility Service, or the fifth anniversary of the date such individual became a Participant if earlier (provided that such an employee has been in continuous Service during all five years). |
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Special Supplemental Non-Contributory Benefit is defined in Section 5.8.
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2.1 | Committees Discretionary Power to Interpret and Administer the Plan |
(a) | Appointment. The Committee shall be appointed from time to time by the Board to serve until the Board appoints successor members. Any member of the Committee may resign by delivering his written resignation to the Board. | ||
(b) | Role under ERISA. The Committee is the named fiduciary for operation and administration of the Plan, and the administrator as those are terms defined by ERISA. The Committee is designated as agent for service of legal process. | ||
(c) | Committee establishes Plan procedures. The Committee and its delegates shall from time to time establish rules and procedures for the administration and interpretation of the Plan and the transaction of its business. | ||
(d) | Role of Human Resource and Benefits Personnel. Employees of the Employer who are human resources personnel or benefits representatives are the Committees delegates and shall, under the authority of the Committee, perform the routine administration of the Plan, such as distributing and collecting forms, establishing Plan rules and procedures, and providing information about Plan procedures. | ||
(e) | Discretionary Power to Interpret Plan |
(1) | The Committee has complete discretionary and final authority to (1) determine all questions concerning eligibility, elections, contributions, and benefits under the Plan, (2) construe all terms under the Plan, including any uncertain terms, and (3) determine all questions concerning Plan administration. All administrative decisions made by the Committee, and all its interpretations of the Plan documents, shall be given full deference by any court of law. | ||
(2) | Information that concerns an interpretation of the Plan or a discretionary determination, can be properly provided only by the Committee itself, rather than any delegate (other than legal counsel). | ||
(3) | Should any individual receive oral or written information concerning the Plan from an Employer representative or a Committee delegate, which is contradicted by a subsequent determination by the Committee, then the Committees final determination shall control. |
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2.2 | Rules of the Committee |
(a) | Any act which the Plan authorizes or requires the Committee to do may be done by a majority of its members. The action of such majority, shall constitute the action of the Committee and shall have the same effect for all purposes as if made by all members of the Committee at the time in office. The Committee may act without any writing that records its decisions, and need not document its meetings or teleconferences. The Committee may also act through any authorized representative or legal counsel. | ||
(b) | The members of the Committee may authorize one or more of their number to execute or deliver any instrument, make any payment or perform any other act which the Plan authorizes or requires the Committee to do. | ||
(c) | The Committee may employ counsel and other agents and may procure such clerical, accounting, actuarial and other services as they may require in carrying out the provisions of the Plan. Legal counsel are authorized to act as the Committees delegates in interpreting the Plan. | ||
(d) | No member of the Committee shall receive any compensation for his services as such. All expenses of administering the Plan, including, but not limited to, fees of accountants, counsel, actuaries or any other advisors or experts hired by the Committee shall be paid from the Trust Fund, except to the extent paid by the Employer. | ||
(e) | Each member of the Committee may delegate Committee responsibilities among the Employer directors, officers, or employees. The expenses of such experts shall be paid by the Trust Fund to the extent that they are not paid by an Employer. |
2.3 | Claims Procedure |
(a) | The Committee shall determine Participants and Beneficiaries rights to benefits under the Plan. In the event that a Participant or Beneficiary disagrees with an initial determination made by the Committee, then he may dispute the determination only by filing a written claim for benefits. | ||
(b) | If a claim is wholly or partially denied, the Committee shall provide the claimant with a notice of denial, written in a manner calculated to be understood by the claimant and setting forth: |
(1) | The specific reason(s) for such denial; | ||
(2) | Specific references to the pertinent Plan provisions on which the denial is based; |
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(3) | A description of any additional material or information necessary for the claimant to perfect the claim, with an explanation of why such material or information is necessary (if applicable); and | ||
(4) | Appropriate information as to the steps to be taken if the claimant wishes the Committee to revise the initial denial. The notice of denial shall be given within a reasonable time period but no later than 90 days after the claim is received, unless special circumstances require an extension of time for processing the claim. If such extension is required, written notice shall be furnished to the claimant within 90 days of the date the claim was received stating that an extension of time and the date by which a decision on the claim can be expected, which shall be no more than 180 days from the date the claim was filed. | ||
(5) | If no written notice of denial is provided by the Committee, then the claim shall be deemed to be denied, and the claimant may appeal the claim as though the claim had been denied. |
(c) | The claimant and/or his representative may appeal the denied claim and may: |
(1) | Request a review by making a written request to the Committee provided that such a request is made within 65 days of the date of the notification of the denied claim; | ||
(2) | Review pertinent documents. |
(d) | Upon receipt of a request for review, the Committee shall within a reasonable time period but not later than 60 days after receiving the request, provide written notification of its decision to the claimant stating the specific reasons and referencing specific plan provisions on which its decision is based, unless special circumstances require an extension for processing the review. If such an extension is required, the Committee shall notify the claimant of the date, no later than 60 days after the date the request for review was received, on which the Committee will notify the claimant of its decision, which shall be no more than 120 days after the date the request for review was received. | ||
(e) | In the event of any dispute over benefits under this Plan, all remedies available to the disputing individual under this Article must be exhausted, within the specified deadlines, before legal recourse of any type is sought. |
2.4 | QDRO Claim |
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2.5 | Indemnification of Committee Participants |
2.6 | Power to Execute Plan and Other Documents |
2.7 | Conclusiveness of Records |
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3.1 When Participation Starts and Ends |
(a) | Participants before 1997. Each Eligible Employee on January 1, 1997 who was a Participant on the preceding day shall continue to be a Participant of the Plan. | ||
(b) | General rule of participation. |
(1) | Participation in Basic Benefits. Each Eligible Employee not referred to in Subsection (a) shall become a Plan Participant on his Employment Date. | ||
(2) | Participation in Contributory Benefits. Each Eligible Employee not referred to in Subsection (a) shall become a Contributing Participant on the first day of any month when he meets each of the following requirements: |
(i) | He has completed six months of Eligibility Service; and | ||
(ii) | makes contributions pursuant to Article VII. |
(c) | End of participation. A Participant ceases to be a Participant and becomes a Former Participant when he terminates his employment (as determined within the sole discretion of the Employer) for any reason. | ||
(d) | Becoming a Participant through change in status. An individual who otherwise satisfies the requirements of this Section 3.1 but is not an Eligible Employee shall become a Participant on the day he subsequently becomes an Eligible Employee. | ||
(e) | Re-entry into the Plan. A Former Participant shall become a Participant as of the first day he again becomes an Eligible Employee. |
3.2 How to Calculate Eligibility Service |
(a) | Eligibility Service shall be the aggregate of the following (applied without duplication): | ||
(1) Each period from an employees Date of Employment (or Reemployment Date) to his next Severance Date; |
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(2) | If an employee performs an Hour of Service within twelve (12) months of a Severance Date, the period from such Severance Date to such Hour of Service, except that; and | ||
(3) | In the case of an employee who leaves employment to enter service with the Armed Forces of the United States, the period of such military service, provided that the employee resumes employment with an Employer or Affiliate within the period during which his reemployment rights are protected by applicable law. |
(b) | Definitions. For purposes of this Article III, the following terms shall have the designated meaning: |
(c) | Date of Employment. The first day on which an employee completes an Hour of Service during the employees most recent period of service with an Employer or Affiliate. |
(1) | Severance Date. The earlier of: | ||
(A) The date on which an employee quits, retires, is discharged or dies; or | |||
(B) The first anniversary (second anniversary for K&F and ABS Participants) of the first date of a period in which an employee remains continuously absent from service (with or without pay) for any approved reason (such as vacation, holiday, sickness, disability, leave of absence, or layoff) other than quit, retirement, discharge or death. |
(d) | Eligibility Service shall be credited for service credited under the Prior Plan if the employee was (1) an active Eligible Employee under the Prior Plan on April 30, 1989 and, (2) was transferred as an Eligible Employee under this Plan on or around May 1, 1989. | ||
(e) | The Eligibility Service and Benefit Service of a Participant who has not completed five years of Eligibility Service shall be forfeited upon his termination of employment but shall be reinstated upon his rehire for any reason. |
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4.1 | Vesting |
(a) | Full vesting at Normal Retirement Date. Upon attainment of his Normal Retirement Date, (while in active service) a Participants rights in his Basic and Contributory Benefit shall be non-forfeitable. | ||
(b) | General Vesting Schedule. |
Completed Years of | ||||
Eligibility Service | Vested Percentage | |||
Less than 5 | 0 | % | ||
5 or more | 100 | % |
4.2 | Forfeitures |
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5.1 | General Rules for Calculating Amount of Plan Benefits |
(a) | Must be vested. A Participant shall be paid only those accrued Plan benefits in which he is vested. | ||
(b) | This Article limited by Article X. The provisions of this Article shall be subject to the limitations of Article X. | ||
(c) | All terms of this Article apply. Any Plan benefit calculation shall be subject to all the terms of this Article and the Plan. |
5.2 | The Different Plan Benefits |
(a) | Normal Retirement Benefit. A Participant will be eligible to receive his Normal Retirement Benefit if he retires under the Plan as of his Normal Retirement Date. | ||
(b) | Late Retirement Benefit. A Participant will be eligible to receive his Late Retirement Benefit if he retires under the Plan as of his Late Retirement Date (and continues to accrue Eligibility Service after his Normal Retirement Date). | ||
(c) | Early Retirement Benefit. A Participant will be eligible to receive his Early Retirement Benefit if he retires under the Plan as of his Early Retirement Date. | ||
(d) | Deferred Vested Benefit. A Participant will be eligible to receive his Deferred Vested Benefit if he terminates employment under the Plan as of his Deferred Vested Termination Date. |
5.3 | Annual Accrued Benefit |
(a) | Formula for Accrued Benefit. |
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(2) | The Annual Accrued Benefit shall not include any Special Supplemental Non-Contributory Benefit, Transition Survivor Benefit, or Regular Survivor Benefit. |
(b) | Basic Benefit. The annual Basic Benefit with respect to all Participants is the sum of (1) and (2) below: |
(1) | $240.00 multiplied by his Benefit Service prior to January 1, 1990. | ||
(2) | For Benefit Service after December 31, 1989, an amount equal to the greater of (A) or (B). |
(A) | 0.7% multiplied by his Earnings for each year of Benefit Service up to the Social Security Wage Base for such year. | ||
(B) | $288.00 multiplied by his Benefit Service. |
(c) | Contributory Benefit for EF Participants. The annual Contributory Benefit for EF Participants shall equal the greater of (1) or (2). |
(1) | 60% of the aggregate contributions made by the Participant under the Plan and the Prior Plan (which were not withdrawn). | ||
(2) | An amount equal to the product of |
(A) | His Adjusted Earnings in excess of his Base Amount, multiplied by | ||
(B) | 2.4% for each of his first 10 years of Contributory Service, plus | ||
1.8% for each of his next 10 years of Contributory Service, plus | |||
1.2% for each of his next 10 years of Contributory Service, plus | |||
0.6% for each year of Contributory Service in excess of 30; |
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(d) | Contributory Benefit for K&F and ABS Participants. The Contributory Benefit for K&F and ABS Participants shall be the sum of (1) and (2). |
(1) | An amount equal to the greater of (A) or (B). |
(A) | 60% of the aggregate contributions made by the Participant prior to January 1, 1990 under the Plan and the Prior Plan (which were not withdrawn). | ||
(B) | For Contributory Service prior to January 1, 1990: |
(2) | An amount equal to the greater of (A) or (B). |
(A) | 60% of the aggregate contributions made by him under the Plan after December 31, 1989. | ||
(B) | For each year of Contributory Service after December 31, 1989: |
(i) | If such year is prior to the year in which the Participant completes 15 years of Contributory Service, 1.05% of his Earnings for such year over $19,800 and up to the Social Security Wage Base for such year, plus 2.25% of his Earnings for such year over the Social Security Wage Base for such year. |
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(ii) | Beginning January 1 of the calendar year in which he completes 15 years of Contributory Service or any subsequent year, 1.35% of his Earnings for each such calendar year of Contributory Service over $19,800 and up to the Social Security Wage Base for such year, plus 2.65% of his Earnings for such year over the Social Security Wage Base for such year. |
(e) | Special Adjustments to Contributory Benefit Service. A Participants Contributory Service shall be increased by the difference between his Benefit Service and his Contributory Service if such Participant (i) made contributions under Article III during the entire period time he was eligible to do so, (ii) did not withdraw such contributions at any time, and (iii) has not made contributions under any other defined benefit plan of an Employer or Affiliate (whether or not qualified). | ||
(f) | Correlation with Early Retirement Benefit. In no event, however, shall the Annual Accrued Benefit as of a Participants Normal Retirement Date be less than the amount of any Early Retirement Benefit, without regard to any early retirement subsidy, to which he would have been entitled under the Plan, prior to his Normal Retirement Date. | ||
(g) | Effect of withdrawals. In the case of an employee who has completely withdrawn his contributions and such contributions are not repaid, no Contributory Benefit or other benefit shall be paid to the employee as provided in Article V. |
5.4 | Special Section 401(a)(17) Provision Regarding Plan Benefits |
(a) | Application. This Section shall apply only to those Participants whose current accrued Plan benefit as of or after January 1, 1994 is based on Earnings (1) incurred at any time prior to January 1, 1994, and (2) in excess of $150,000. | ||
(b) | Calculation of accrued Plan benefit. Unless otherwise provided under the Plan, each such Participants accrued Plan benefit shall be the greater of (1) or (2): |
(1) | the Participants accrued Plan benefit determined under the Plan, as amended effective on or after January 1, 1994, as applied with respect to his total Service (credited under the Plan for accrual purposes) performed as of such a date, or | ||
(2) | The sum of: |
(A) | the Participantss accrued Plan benefit as of December 31, 1993, frozen as provided in Code Regulation Section 1.401(a)(4)-13, and |
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(B) | the Participants accrued Plan benefit determined under the Plan, as amended effective on or after January 1, 1994, as applied with respect to his service (credited under the Plan for accrual purposes) performed on or after January 1, 1994. |
5.5 | Normal Retirement Benefit |
5.6 | Late Retirement Benefit |
5.7 | Early Retirement Benefit |
(a) | Timing affects amount of benefit. |
(1) | A Participants Early Retirement Benefit will be affected by the exact date of his Annuity Starting Date. | ||
(2) | Generally, the earlier that his Annuity Starting Date precedes his Normal Retirement Date, the lower a Participants monthly Early Retirement Benefit payment will be. |
(b) | Formula for Early Retirement Benefit. |
(1) | A Participants Early Retirement Benefit shall equal his vested Annual Accrued Benefit at his Early Retirement Date multiplied by his Early Commencement Factor. | ||
(2) | However, no Early Commencement Factor shall be applied (a) to the Basic Benefit of a Participant who has completed at least 30 Years of Eligibility Service, or (b) to Basic or Contributory Benefits of a Participant who has attained age 62. | ||
(3) | Early Commencement Factor for EF Participants. The Early Commencement Factor for an EF Participant is 4/10% for each calendar month by which his Annuity Starting Date precedes the month in which his 62nd birthday occurs. |
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(4) | Early Commencement Factor for K&F and ABS Participants. |
(A) | The Early Commencement Factor for a K&F and ABS Participants is 4/10% for each calendar month by which his Annuity Starting Date precedes the month in which his 62nd birthday occurs, for service performed up to and including December 31, 1989. | ||
(B) | The Early Commencement Factor for K&F and ABS Participants shall be determined under the chart below for service performed on or after January 1, 1990. |
Age at | Early | |||
Annuity | Commencement | |||
Starting Date | Factor | |||
61 | 90.8 | % | ||
60 | 82.7 | % | ||
59 | 75.4 | % | ||
58 | 68.9 | % | ||
57 | 63.1 | % | ||
56 | 57.8 | % | ||
55 | 53.1 | % |
5.8 | Special Supplemental Non-Contributory Benefit |
(a) | A Participant who (i) is eligible for an Early Retirement Benefit under Section 5.2, and (ii) has a Retirement Date which falls after he has completed at least 30 Years of Eligibility Service and has attained age 55 but not age 62, shall be eligible for a Special Supplemental Non-Contributory Benefit as described in this Section. Subject to reduction as provided in Sections 5.14, and 5.15 and Article X, the monthly amount of the supplemental benefit under this Section shall be: |
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Years of Benefit | ||||||||||||||||||||||||||||
Service | 55 | 56 | 57 | 58 | 59 | 60 | 61 | |||||||||||||||||||||
30 | $ 90 | $ | 100 | $ | 110 | $ | 120 | $ | 130 | $ | 140 | $ | 150 | |||||||||||||||
31 | 99 | 109 | 119 | 129 | 139 | 149 | 159 | |||||||||||||||||||||
32 | 108 | 118 | 128 | 138 | 148 | 158 | 168 | |||||||||||||||||||||
33 | 117 | 127 | 137 | 147 | 157 | 167 | 177 | |||||||||||||||||||||
34 | 126 | 136 | 146 | 156 | 166 | 176 | 186 | |||||||||||||||||||||
35 | 135 | 145 | 155 | 165 | 175 | 185 | 195 | |||||||||||||||||||||
36 | 144 | 154 | 164 | 174 | 184 | 194 | 204 | |||||||||||||||||||||
37 | 153 | 163 | 173 | 183 | 193 | 203 | 213 | |||||||||||||||||||||
38 | 162 | 172 | 182 | 192 | 202 | 212 | 222 | |||||||||||||||||||||
39 | 171 | 181 | 191 | 201 | 211 | 221 | 231 | |||||||||||||||||||||
40 | 190 | 200 | 210 | 220 | 230 | 240 | ||||||||||||||||||||||
41 | 209 | 219 | 229 | 239 | 249 | |||||||||||||||||||||||
42 | 228 | 238 | 248 | 258 | ||||||||||||||||||||||||
43 | 247 | 257 | 267 | |||||||||||||||||||||||||
44 | 266 | 276 |
(b) | The Special Supplemental Non-Contributory Benefit shall be paid only to the eligible Participant, and not to his Beneficiary. |
5.9 | Deferred Vested Benefit |
(a) | If a Participant terminates employment on his Deferred Vested Termination Date, and his Annuity Starting Date is on or after his Normal Retirement Date, the amount of his Deferred Vested Benefit under the Plan shall equal his Annual Accrued Benefit as actuarially increased to his Deferred Vested Termination Date. |
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(b) | If a Participants Vested Percentage is 0%, and his Annuity Starting Date is on or after his Normal Retirement Date, the amount of his Deferred Vested Benefit under the Plan shall equal his accrued benefit attributable to employee contributions (as determined in Code Section 411(c)(2)). | ||
(c) | If a Participants Annuity Starting Date is prior to his Normal Retirement Date, the amount of his Deferred Vested Benefit shall equal the amount determined in paragraph (a) or (b) of this Section, whichever is applicable, multiplied by his Early Commencement Factor as determined in Section 5.7. | ||
(d) | If any benefit under any welfare plan maintained by an Employer or Affiliate is dependent on retirement under this Plan, then the receipt of a Deferred Vested Benefit shall not constitute retirement. |
5.10 | Co-ordination with Prior Plan |
(a) | Any benefit being paid by the Loral Systems Group Retirement Plan for Salaried Employees (the LSG Plan) immediately prior to the Effective Date shall continue to be paid in the same amount and form of payment under this Plan on and after the Effective Date. | ||
(b) | Any Former Participant with a Deferred Vested Benefit due under the LSG Plan immediately prior to the Effective Date shall be paid under this Plan in accordance with the provisions of the LSG Plan as in effect on the date of the Former Participants Severance from Service Date. |
5.11 | Effect of Deferred Payment |
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5.12 | Reemployment After Receipt of Plan Benefits |
(a) | If a Former Participant who is receiving a Plan benefit becomes re-employed by an Employer or an Affiliate, the payment of his Plan benefits shall immediately cease. | ||
(b) | Upon the subsequent termination of employment of a Participant who was eligible for a Retirement Pension upon his prior termination of employment (whether or not payment of such Retirement Pension had commenced), the Participants Retirement Pension shall be redetermined in accordance with the provisions of this Plan applicable to him as of his subsequent termination of employment, as if no prior benefit payments had been made, and his benefits as so redetermined shall then be reduced by the Actuarial Equivalent of the benefit payments, if any, previously made to such Participant (a) prior to his Normal Retirement Date, or (b) in a lump sum. | ||
(c) | Should such a suspension permitted under this Section not take place, through administrative error or any other reason, then the amounts which were paid but which were also suspendible may be offset from future Plan benefits. Offsets may also be taken against any survivor benefits, with respect to the Participant. | ||
(d) | No suspension of benefits under this Section may take place unless proper notice is sent to the individual during the calendar month of the suspension, under ERISA. | ||
(e) | Plan payments to the individual shall recommence, generally within four months after his period of reemployment has ended, provided he has made Proper Application (with 90 days advance notice) for their recommencement. | ||
(f) | The provisions of this Section 5.12 shall be subject to Section 5.13. |
5.13 | Employment After Normal Retirement Date . |
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5.14 | Transition Survivor Benefit |
(a) | Amount. The amount of the monthly Transition Survivor Benefit shall be $400 for any month in which there is only one Survivor of the deceased Participant eligible to receive such benefit. For any month in which there are two or more Survivors of the deceased Participant eligible for a Transition Survivor Benefit, the amount of benefit payable hereunder to each such Survivor for such month shall be a fraction of the benefit that would be paid to him as a sole Survivor, the numerator of such fraction being one and the denominator of such fraction being a number equal to the total number of all Survivors who are eligible for a transition survivor benefit (including those Survivors who would be eligible for a Transition Survivor Benefit but for their eligibility for federal Social Security benefits). With regard to ABS Participants, no monthly Transition Survivor Benefit, however, shall be paid for any month after the Survivor attains age 62, or for any month for which the Survivor is eligible for an unreduced old-age, disability, widows, or widowers benefit under the federal Social Security Act as then in effect. | ||
(b) | Payment. The first monthly Transition Survivor Benefit is payable on the first day of the first month following the Participants death. Thereafter, a monthly Transition Survivor Benefit is payable on the first day of each of the next 23 months; but if on the first day of any month after the Participants death no person then living qualifies as his Survivor, no such benefit is payable for that month or any subsequent month. In no event shall any Transition Survivor Benefit be payable for any month after the 24th month next following the date of the Participants death. | ||
(c) | Classification of Survivors. Survivors are classified and defined as follows: |
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(1) | the Participants own child born prior to the first day of the month following the Participants death, | ||
(2) | the Participants legally adopted child or a child with respect to whom he had initiated legal adoption proceedings which were terminated by his death, or | ||
(3) | the Participants step-child whose primary residence was with him at the time of his death. |
(1) | the Participants father or mother by blood relationship, or | ||
(2) | the Participants adopting parent. |
(d) | Qualification of Survivors. The Survivors entitled to each monthly Transition Survivor Benefit that becomes payable under this Section shall be determined as follows: |
(1) | the Participants Class A Survivor who is living on the first day of a month shall be entitled to the Transition Survivor Benefit payable for such month; | ||
(2) | if the Participants Class A Survivor is not then living on the first day of a month, persons who qualify on that day as his Class B Survivors, excluding any then deceased, shall be entitled to the Transition Survivor Benefit payable for that month; and |
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(3) | if the Participants Class A Survivor is not living on the first day of a month and no living person qualifies on that day as the Participants Class B Survivor, persons who qualify on that day as the Participants Class C Survivors, excluding any then deceased, shall be entitled to the Transition Survivor Benefit payable for that month. |
5.15 | Regular Survivor Benefit |
(a) | Amount. The monthly amount of the Regular Survivor Benefit shall be equal to the monthly payment which the surviving Eligible Spouse would have otherwise received if the Participant had retired on the date prior to his death and if, the Participant had elected Option A under Section 6.6 and had designated the maximum amount of monthly payments for the surviving Eligible Spouse which is permitted under Option A; provided, however, that the portion of such amount which is determined with reference to the Basic Benefit formula set forth in Section 5.3 shall be not less than $400 per month. | ||
(b) | Payment. Payment of the Regular Survivor Benefit shall commence during the month next following the month in which the death of the Participant occurs. Monthly payments of such benefit shall continue until the death of the surviving Eligible Spouse, with the last monthly payment to be made for the month of death. |
5.16 | Monthly Payments. |
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6.1 | How to Retire |
(a) | General rules. Except as provided in the next Section, no Plan benefit shall be paid unless Proper Application is made to the Committee. | ||
(b) | Eligibility for Benefits. Each Participant or Beneficiary will be eligible to receive a Plan benefit only when: |
(1) | the Participant is vested in an accrued Plan benefit, under Article IV, | ||
(2) | the Participant has terminated his employment with the Employer and all Affiliates, under each such Employers procedures, and | ||
(3) | the payee has met all the requirements of this Article, particularly those described in the next paragraph. |
(c) | Making Proper Application required forms. |
(1) | Retirement and death benefits will be paid only after Proper Application has been made. For all purposes under this Plan, the term Proper Application shall mean making any election, granting any consent, giving any notice or information, and making any communication whatsoever to the Committee or its delegates, in compliance with all Plan procedures, on forms provided by the Committee, and providing all information required by the Committee. A Proper Application will be deemed to have been made only if it is properly completed, as determined by the Committee. |
(d) | Advance notice to Committee necessary. |
(1) | Generally, at least 30 days advance notice must be made to the Committee, in order to make a Proper Application to elect any particular Retirement Date. | ||
(2) | However, notwithstanding the preceding paragraph, if a Participants Retirement Date would precede his Normal Retirement Date, then he may make Proper Application to elect such a Retirement Date only by giving the Committee 60 days advance notice of his election. |
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6.2 | Timing of Participants Benefits |
(a) | General rules. Generally, a Participants Plan benefit will be paid, under this Article, as soon as is feasible after the Retirement Date or Annuity Starting Date that he has elected, by making a Proper Application. | ||
(b) | Consent to distribution. With respect to this Article, making a Proper Application for a Plan distribution shall be considered as giving written consent to such a distribution. | ||
(c) | Payments made only on the first of the month. All benefits paid under the Plan will be paid only as of the first day of any relevant month. Any Retirement Date or Annuity Starting Date must therefore fall on the first day of a month. | ||
(d) | Deferred Vested Benefit rules. |
(1) | Normally, the Annuity Starting Date for any Participant receiving a Deferred Vested Benefit will be his Normal Retirement Date. | ||
(2) | However, if a Participant who is eligible to receive a Deferred Vested Benefit has also completed ten Years of Eligibility Service, then the Participant may make Proper Application (with 60 days advance notice) to elect an Annuity Starting Date with respect to his Deferred Vested Benefit that is: |
(A) | before his Normal Retirement Date, and | ||
(B) | after his 55th birthday. |
(e) | Final monthly payment. The final monthly payment of any Plan annuity payment shall be made with respect to the month within which the death of the Participant or his Beneficiary (whichever is applicable) occurs, provided, however, that if at the time of his death less than 60 monthly payments of such benefit have been made, such payments shall continue until the remainder of a total of 60 monthly payments have been made, unless payment was being made as a QJSA or a QPSA. | ||
(f) | Deferred payments. Any failure to make Proper Application (as determined within the sole discretion of the Committee), shall be deemed to be a Proper Application to defer payment, provided that deferred payment is permitted under this Section. | ||
(g) | Required payment date of small amounts. If the lump sum Actuarial Equivalent of a Participants vested Plan benefit equals or is less than $5,000 ($3,500 prior to January 1, 1998), then a lump sum payment of such an amount shall be made as soon as is feasible on or |
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after his death or termination of employment with an Employer and all Affiliates, subject to this Article. Such a payment shall not be deferred; and payment shall be made even if the Participant or Beneficiary fails to make any Proper Application for payment. For purposes of this Plan, if the Participants vested Plan benefit is zero, he or she shall be deemed to have received a single sum distribution of his or her benefit upon his or her termination of employment. The nonvested portion of such benefit is deemed to have been received in a single sum distribution pursuant to the foregoing sentence and shall be forfeited as of the date distribution is deemed to have been made. |
(h) | General rules for required payment dates. Unless the Participant elects to defer his benefit payment, Plan benefits will be paid under this Article no later than the 60th day after the close of the plan year in which the latest of the following events occurs: |
(1) | the Participants Normal Retirement Date | ||
(2) | the 10th anniversary of the year in which the Participant commenced participation in the Plan | ||
(3) | the Participant terminates service with the Employer. |
(i) | Required Distributions. Notwithstanding any provisions to the contrary contained in this Plan, payments to each Participant shall be made or commence: |
(1) | except as the Participant may otherwise elect, the 60th day after the close of the Plan Year in which the later of the following events occurs (A) the Participants termination of employment, or (B) his Normal Retirement Date, and | ||
(2) | if the Participant is a 5-percent owner as described in Section 14.2.(d), his Required Beginning Date. |
(j) | Payments on Account of Participants Death |
(1) | Distribution begun before death. If the distribution of a Participants benefit has commenced under this Article prior to his death, then the payment of any remaining portion that is payable under this Article shall be paid to the Beneficiary as soon as is practicable. The schedule of such payments shall be at least as rapid as the |
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schedule used at the Participants death. In this event, there shall be no permitted deferral of payment. |
(2) | Distribution paid after death to non-Eligible Spouse Beneficiary. If the Participant dies before distribution under this Article has begun, then the payment under this Article to any non-Eligible Spouse Beneficiary shall be made: |
(A) | As soon as is feasible, but no later than five calendar years following the date of death, if the Beneficiary is not the surviving Eligible Spouse of the Participant, and the benefit is to be paid in any form except payments over the life or life expectancy of the Beneficiary. | ||
(B) | As soon as is feasible, if the benefit is to be paid over the life or life expectancy of a non-Eligible Spouse Beneficiary, but no later than by December 31 of the calendar year immediately following the calendar year in which the Participant died. |
(3) | Distribution paid to Eligible Spouse. |
(A) | Distributions to an Eligible Spouse under a QJSA shall be paid as soon as is feasible. | ||
(B) | Distributions paid to an Eligible Spouse under a QPSA shall be paid as provided in Section 6.8. |
6.3 | Normal Form of Benefits |
(a) | Normal form for married Participant. The normal form of a Annual Accrued Benefit for any married Participant who has a Eligible Spouse on his Annuity Starting Date shall be a 50% Qualified Joint and Survivor Annuity, or a QJSA. | ||
(b) | Normal form for unmarried Participant. The normal form of Annual Accrued Benefit for any Participant who does not have an Eligible Spouse as of his Annuity Starting Date shall be a single life annuity paid for his life, with a 5 year period certain. This period certain feature means that if a Participant dies before 60 payments of his Annual Accrued Benefit have been made, the remainder of these 60 payments will be made to his Beneficiary. |
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6.4 | Notice and Election Period |
(a) | Notice concerning benefits. The Committee shall distribute to each Participant at least 90 days before his Annuity Starting Date a written explanation of: |
(1) | the QJSA, | ||
(2) | how the Participant may waive the QJSA, | ||
(3) | the effect of the Participants waiver of the QJSA, | ||
(4) | the need for the Participants Eligible Spouse to consent to such a waiver, before the waiver can be effective, and | ||
(5) | the Participants and the Eligible Spouses right to revoke their waiver or consent (respectively), during the Election Period (which is described in the next paragraph). |
(b) | Election Period. For the purposes of this Article, the Election Period shall be the 90 calendar day period preceding any Participants Annuity Starting Date. The last business day preceding the Annuity Starting Date is the last day of the Election Period. |
6.5 | Waiver and Spousal Consent Necessary for Optional Forms of Benefit |
(a) | General rules. A married Participant may elect an optional form of his Annual Accrued Benefit, in lieu of the normal form of benefit, only if he and his Eligible Spouse meet all the requirements of this Section. | ||
(b) | Waiver. |
(1) | After receiving the notice explaining the normal form of benefit, described in the preceding Section, the married Participant must waive his right to the normal form of benefit, by making a Proper Application concerning his waiver. | ||
(2) | The waiver shall specify the optional benefit, and, if applicable, the designated non-Eligible Spouse Beneficiary (or any single or class of contingent Beneficiaries). |
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(c) | Spousal consent. |
(1) | After the Participants receipt of notice explaining the normal form of benefit, described in the preceding Section, the Participants Eligible Spouse must give written consent to the Participants waiver of the normal form of benefit, in order for the waiver to be effective. (The Committees delivery of the explanatory notice to the Participant shall be deemed to also be delivery to the Eligible Spouse.) The Eligible Spouses written consent shall be made by Proper Application and shall: |
(A) | express the effect of waiving the normal form of benefit, | ||
(B) | be notarized, | ||
(C) | consent to the optional form of benefit being selected, | ||
(D) | consent to a designated Beneficiary other than himself, if applicable, and | ||
(E) | state whether or not the consent is revocable. However, if the consent form is silent as to this issue, then it shall be considered to be revocable, under the terms of this Section. |
(2) | If the Participant has designated a Beneficiary other than his Eligible Spouse, then such a designation shall not be effective unless the Eligible Spouse gives written consent to the Beneficiary designation, by making Proper Application. This consent must state that the Beneficiary cannot be changed further without further spousal consent, unless the written consent form explicitly states that no such further consent with respect to another change in designated Beneficiary is necessary. | ||
(3) | Any waiver of a QJSA or any spousal consent described in this Section shall be binding only upon the individual Eligible Spouse who gives the consent. It shall not be binding upon any subsequent Eligible Spouse of the Participant. |
(b) | Deadline for waiver and spousal consent. To be effective, the Participants waiver of his normal form of benefit and his Eligible Spouses written consent must be made by Proper Application during the Election Period commencing no less than 30 days or more than 90 days before a Participants Annuity Starting Date. A Participant may elect not to receive his Annual Accrued Benefit in the form of a QJSA, but instead to receive such Annual Accrued Benefit in the forms described in Section 6.6. Distribution of the QJSA may begin less than 30 days before the Annuity Starting Date if |
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(1) | the Committee clearly informs the Participant that he has a right to a period of at least 30 days after receiving the required explanation to consider whether to waive the QJSA and to consent to another form of benefit, | ||
(2) | the Participant is permitted to revoke an affirmative distribution election at least until the Annuity Starting Date, of, if later, at any time prior to the expiration of the 7-day period that begins the day after the explanation of the QJSA is provided to the Participant, and | ||
(3) | the Annuity Starting Date is after the date that the explanation of the QJSA is provided to the Participant (but the Annuity Starting Date may be before the date that any affirmative distribution elections are made by the Participant). |
(c) | Revocation of waiver and spousal consent. Both the Participants waiver of the QJSA and his Eligible Spouses consent to the waiver may be revoked within the Election Period, by making Proper Application. Any such revocation will cause the normal form of benefit to be paid to the Participant, unless another waiver and consent is made by Proper Application, within the Election Period. Notwithstanding the previous provisions of this paragraph, a revocation of the spousal consent shall not be permitted if the forms on which Proper Application for the consent were made explicitly disallow such a spousal revocation. |
6.6 | Optional Forms of Benefit |
(a) | Procedural rules. A Participant who retires under the Plan as of his Normal, Early, Late or Disability Retirement Date may elect an optional form of his Annual Accrued Benefit, rather than the normal form described in Section 6.3, if he meets the requirements of the preceding Section, and makes a Proper Application. | ||
(b) | Value of optional forms. Each optional form of benefit described in this Section shall equal the Actuarial Equivalent of the normal form of the Annual Accrued Benefit that would be paid with respect to the Participant as of his Normal Retirement Date. | ||
(c) | Optional forms available. The optional forms of benefit offered under the Plan are as follows: |
(1) | Option A Joint and Survivor (Eligible Spouse Only) Option. Under Option A the Participant will receive a reduced monthly benefit reflecting his Annual Accrued Benefit, for his life with the continuance thereafter of monthly payments in a designated amount to the Participants surviving Eligible Spouse for her life. However, the survivor benefit of Option A is available only if the surviving Eligible Spouse was the Eligible Spouse as of the Annuity Starting Date. The Eligible |
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Spouses remarriage shall not affect her Plan benefits. If neither the Participant nor the surviving Eligible Spouse survives the five-year period beginning with the Annuity Starting Date, monthly payments will be continued to the Beneficiary for the remainder of the five-year period in an amount equal to the monthly amount paid under the Option to the Participant. At the time Option A is elected, the Participant shall designate the monthly amount of payments to be made to the surviving Eligible Spouse under the Option; however, in no event may the monthly amount of the payments to the surviving Eligible Spouse exceed the monthly amount of the reduced monthly benefit payable to the Participant under the Option. If the chronological order of death of the Participant and the surviving Eligible Spouse cannot be established to the satisfaction of the Committee, the Participant will be deemed to have been the survivor for purposes of this Option. |
(2) | Option B Single Life, Period Certain Option. Under Option B the Participant will receive a reduced monthly pension representing his Annual Accrued Benefit for his life or life expectancy, and if the Participants death occurs during a designated period certain beginning with the Annuity Starting Date, monthly payments will be continued to the Participants Beneficiary for the remainder of the period certain in the same amount as the Participants reduced monthly pension under the option. At the time Option B is elected, the Participant shall designate the period certain, which shall be a period of either 10, 15, or 20 years; provided, however, that no period may be elected that is in excess of the joint life expectancy of the Participant and his Option Beneficiary determined as of the Annuity Starting Date. Any period chosen shall comply with Code section 401(a)(9) and the regulations thereunder. | ||
(3) | Option C Joint and Survivor (Non-Spouse Only) Option. Under Option C the Participant will receive a reduced monthly benefit reflecting his Annual Accrued Benefit, for his life with the continuance thereafter of monthly payments in a designated amount to the Participants surviving contingent annuitant(s) for his, her, or their life or lives. Such contingent annuitant(s) shall not be the Participants spouse. If neither the Participant nor any contingent annuitant survives the five-year period beginning with the Annuity Starting Date, monthly payments will be continued to the Beneficiary for the remainder of the five-year period in an amount equal to the monthly amount paid under the Option to the Participant. At the time Option C is elected, the Participant shall designate the monthly amount of payments to be made to the contingent annuitant(s) under this Option; however, in no event may the monthly amount of the payments to the contingent annuitant(s) exceed (i) the monthly amount of the reduced monthly benefit payable to the Participant under this Option, or (ii) the maximum amount payable under Code section 401(a)(9) and the regulations thereunder. If the chronological order of death of the Participant and the surviving contingent annuitant cannot be established to the satisfaction of the |
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Committee, the Participant will be deemed to have been the survivor for purposes of this Option. This option C shall be available to Participants whose Annuity Starting Date is on or after January 1, 2002. |
(d) | Form of Payments to Estate or Trustee. The Actuarial Equivalent of any monthly payments payable to the executor or administrator of any person, or to any trustee, shall be paid in a single sum as soon as practicable after such executor, administrator or trustee becomes entitled thereto. |
6.7 | Qualified Pre-Retirement Survivor Annuity |
(a) | Eligibility for QPSA. Subject to Section 6.8, a Qualified Pre-Retirement Survivor Annuity, or QPSA, will be paid only in the event that a Participant dies: |
(1) | with a surviving Eligible Spouse, and: | ||
(2) | one of the following: |
(A) | while in active employment with the Employer, or | ||
(B) | after his termination of employment with the Employer, but before his Annuity Starting Date. |
(b) | QPSA is paid to Eligible Spouse. The QPSA shall be paid, under this Section, to the Eligible Spouse of a Participant who meets the requirements of the preceding Subsection. | ||
(c) | Amount of QPSA. Subject to Section 5.15, the amount of the QPSA shall be as follows: |
(1) | A QPSA shall be paid only with respect to the Participants vested, accrued Plan benefits. The precise amount of QPSA is determined by referring to the 50% survivor benefit that would have been payable, with respect to the Participants death, had he elected a 50% QJSA and had he died at the dates described in this Subsection. Different dates apply, according to the Participants age and service history at the time of his death. | ||
(2) | If an eligible Participant dies after his Normal Retirement Date, then the QPSA shall equal the 100% QJSA survivor benefit that would have been payable had he retired with a 100% QJSA on the day before his actual date of death, so that his QJSA Annuity Starting Date would have been the date before his actual date of death (or the first day of the next month). |
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(3) | If a Participant dies (i) with ten years of Eligibility Service, and (ii) before his Normal Retirement Date, but (iii) after his 55th birthday, then the QPSA shall, as in the preceding paragraph, equal the 50% QJSA survivor benefit that would have been payable had he retired with a 50% QJSA on the date before his actual date of death, so that his QJSA Annuity Starting Date would have been the date before his actual date of death (or the first day of the next month). | ||
(4) | If a Participant dies (i) before his Normal Retirement Date, and (ii) before completing ten years of Eligibility Service, then the amount of the QPSA shall equal the 50% QJSA survivor benefit that would have been payable had he (a) survived, (b) terminated employment as of either his actual termination date, or his actual date of death (whichever came first), (c) elected his Normal Retirement Date as his Annuity Starting Date, and (d) died the next day. | ||
(5) | If a Participant dies (i) before his 55th birthday, and (ii) after completing ten years of Eligibility Service, then the amount of the QPSA shall equal the 50% QJSA survivor benefit that would have been payable had he (a) survived, (b) terminated employment as of either his actual termination date, or his actual date of death (whichever came first), (c) elected the first day of the month coincident with or next following his 55th birthday as his Annuity Starting Date, and (d) died the next day. | ||
(6) | With respect to the four preceding paragraphs, in the event that the Participant dies after his active employment has ended, the four preceding paragraphs shall not be construed to credit the Participant with any Eligibility Service or accruals that he had not earned, as of his termination of employment. |
(d) | Special rule for amount of QPSA if optional benefit has been elected. |
(1) | If a QPSA is payable with respect to a Participant who had made a Proper Application for an optional form of benefit which would have provided annuity payments to the Participant and his Eligible Spouse, then, notwithstanding any other provisions of this Section, the amount of the QPSA shall equal the Actuarial Equivalent of the survivor benefit under the elected optional form of benefit. |
(e) | Form of the QPSA. The QPSA shall be paid in monthly installments, over the life of the surviving Eligible Spouse. | ||
(f) | Commencement of QPSA payments. QPSA payments shall generally be made as soon as is feasible following the Eligible Spouses Proper Application. Eligible Spouses may not defer payment later than the first day of the month coincident with or following: |
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(1) | the Participants 55th birthday - |
10 years of Eligibility Service and died before
age 55
(2) | the date of death - |
10 years of Eligibility Service and died after
age 55
(3) | The Participants Normal Retirement Date- |
less than 10 years of Eligibility Service.
beneficiary(ies) had the Participant retired on the day before his actual death and elected option C under Section 6.6 with such beneficiary(ies) designated as his or her contingent annuitants for a survivor benefit of 100%.
(a) | The form of any Plan benefit is fixed as of the Annuity Starting Date, and is not subject to change, except with respect to the provision of any survivor benefit under a QJSA or optional form of benefit. | ||
(b) | Should a QDRO become effective after a Participants Annuity Starting Date, the Plan payments may be divided, as provided for under the QDRO, but the total monthly payment that had been made monthly under Plan (before the QDRO) shall not be changed. |
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(a) | For contributions made on and after the Effective Date, each Participants contribution shall be in an amount determined as follows: |
(1) | for each such payroll period an amount equal to the sum of (A) 1-3/4% of the excess, if any, of the Contributing Participants Earnings for the payroll period over $761.54, but not in excess of the Contribution Base Amount for the payroll period, and (B) 31/2% of the excess, if any, of his Earnings for the payroll period over the Contribution Base Amount for the payroll period; and | ||
(2) | for each such month beginning after the Contributing Participants 55th birthday, an amount equal to the sum of (A) 2% of the excess, if any, of his Earnings for the payroll period over $761.54, but not in excess of the Contribution Base Amount for the payroll period, and (B) 4% of the excess, if any, of his Earnings for the payroll period over the Contribution Base Amount for the payroll period; |
(b) | A Participant whose Earnings for any payroll period beginning after March 13, 1987, are not in excess of $761.54 shall be permitted to make a contribution for such payroll period only if he was a Participant in the Prior Plan on August 31, 1982 (or had performed his first Hour of Service prior to September 1, 1982, and elected to become a Contributing Participant on or before December 1, 1982) who makes contributions without interruption until his termination |
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of employment. If such a Contributing Participant discontinues his contributions for any payroll period, he will be permitted to make contributions thereafter only if his Earnings for a payroll period are in excess of $761.54. Furthermore, if such a Participant terminates his participation for any reason and again becomes a Participant, he will be permitted to make contributions thereafter only if his Earnings for a payroll period are in excess of $761.54. |
(c) | A Contributing Participant shall not be required to make a contribution for any payroll period commencing after the date on which he makes a Proper Application to discontinue his contributions to the Plan. A Contributing Participant who elects to discontinue making contributions may resume contributions only (i) after the expiration of the 12-month period following the month for which his last contribution was made, and (ii) he has made a Proper Application, to resume his contributions to the Plan. |
(a) | Mandatory Distribution |
(1) | A Contributing Participant will receive a mandatory distribution of amounts relating to his employee contributions, as described below. | ||
(2) | Such a mandatory distribution will be made with respect to those Contributing Participants who incur a Severance from Service Date with no vested Basic Benefit, and whose Contribution Amount (defined in this Section) does not exceed $5,000 ($3,500 prior to January 1, 1998). | ||
(3) | Any such mandatory distribution shall be made as soon as is practicable, following the Severance from Service Date. | ||
(4) | A Participants Contribution Amount shall be determined as the greater of: |
(A) | the employee contributions made by him under the Plan or the Prior Plan together with interest (calculated under this Section) earned up to the first day of the month in which the Severance from Service Date occurred, or | ||
(B) | the lump sum Actuarial Equivalent as of the Severance from Service Date of the accrued benefit attributable to employee contributions under Code Section 411(c)(2). |
(b) | Voluntary Withdrawals. If a Participants Contribution Amount (defined in the preceding paragraph) is in excess of $5,000 ($3,500 prior to January 1, 1998), he may withdraw his |
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contribution amount within 60 days after his Severance from Service Date upon Proper Application; provided, however, that if such Participant is legally married, no withdrawal may be made unless the Eligible Spouse consents thereto in accordance with Section 6.5. |
(c) | Restrictions on Withdrawals. No Contributing Participant shall be permitted to withdraw his Contribution Amount under the Plan at any time |
(1) | while he is employed by an Employer or any Affiliate, or | ||
(2) | after he terminated employment, if he has completed five years of Eligibility Service. |
(d) | How to calculate interest with respect to withdrawals. Interest on employee contributions shall be compounded annually and shall be computed from the January 1 following the date of such contribution. Such interest shall be computed at an annual rate as determined in accordance with the Prior Plan for periods prior to March 13, 1987, and at an annual rate of 7% for Plan Year 1987. Effective January 1, 1988, interest shall be calculated at an annual rate which shall be the greater of 7% or 120% of the Federal mid-term rate per Code Section 411(c)(2)(C). Subject to the provisions of Section 7.5, if any Contributing Participant shall withdraw his Contribution Amount after March 13, 1987, no Contributory Benefit or other benefit shall thereafter be payable under the Plan by reason of his being a Contributing Participant during the period in which such contributions were made. |
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(a) | The Employer shall make Employer contributions under this Plan to the Trust Fund at least once each quarter during each Plan Year. Notwithstanding the preceding sentence, the Committee may direct that contributions be made on a different schedule, as permitted by the Code, without formal Plan amendment. | ||
(b) | The amount of such Employer contributions shall be the amount recommended by the Plans enrolled actuary, in compliance with the Code and ERISA, to fund Plan benefits. | ||
(c) | An enrolled actuary hired by the Committee shall make an annual actuarial valuation to estimate the Employer contributions necessary under this Article. |
8.2 | Employee Contributions to the Trust Fund |
(a) | The Employer shall make contributions under this Plan to the Trust Fund of employee contributions at least once per month. Notwithstanding the preceding sentence, the Committee may direct that contributions be made on a different schedule, as permitted by the Code, without formal Plan amendment. | ||
(b) | The amount of such employee contributions shall be in the amount withheld from the employees earnings pursuant to Article VII. |
8.3 | The Trust |
(a) | Amounts contributed to the Trust shall be managed and invested, according to the Trust Agreement. | ||
(b) | The Company shall, to the extent allowed under the Trust, establish a funding policy and method, consistent with the objectives of the Plan the applicable requirements of ERISA and the Code. |
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(a) | The Company, by action of the Board, may, subject to this Section, at any time modify or amend, in whole or in part, any or all of the provisions of the Plan. Any such amendment shall be by an instrument in writing executed by the Board, under its by-laws. Upon the execution of any such instrument, the Plan shall be deemed to have been amended in the manner therein set forth. | ||
(b) | The Employer, the Trustee and each employee, Participant, Former Participant, Eligible Spouse, Beneficiary or any person claiming under or through any of the foregoing shall be bound by any such amendment. However, no such amendment shall make it possible for any of the assets of the Trust Fund to be used for or diverted to purposes other than for the exclusive benefit of Participants and their beneficiaries, increase the duties or responsibilities of the Trustee without its consent thereto, or adversely affect any benefits accrued by any Participant prior to such amendment, except as provided in Article XI. | ||
(c) | Amendments and changes in the Plans rules and procedures may be made by the Committee and by Employer human resource personnel or benefits representatives, within their sole discretion under Article II, without formal Plan amendment. |
(a) | Although the Company intends to maintain the Plan indefinitely, the Company, by action of the Board, may terminate the Plan in its entirety or terminate the participation in the Plan of any Employer with respect to its employees. Any Employer other than the Company, by action of its board of directors, may terminate its participation in the Plan with respect to its employees. |
(a) | General rule. In the event of termination of the Plan, the Committee shall, allocate the assets of the Trust Fund that are available among the applicable Participants, Former Participants, and appropriate Beneficiaries in the manner set forth in Section 4044 of ERISA. | ||
(b) | Full vesting upon termination or partial termination. Upon termination or partial termination of the Plan (as defined by the Code) as to any Participants hereunder, all rights of such |
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Participants to their accrued Plan benefits theretofore accrued shall become non-forfeitable to the extent then funded. |
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(a) | Unadjusted Limit. If a Participants Plan benefit is payable as a single life annuity or a QJSA, the annual amount of benefit payable to the Participant shall not exceed the lesser of the Dollar Limit or the Compensation Limit. | ||
(b) | Optional Payment Forms. If a Participants Plan benefit is payable in any form other than a single life annuity or a QJSA, the annual amount of benefit payable to the Participant shall not exceed the Actuarial Equivalent of a single life annuity which does not exceed the lesser of the Dollar Limit or the Compensation Limit. In making such actuarial adjustment, (a) the actuarial assumptions used shall be those set forth in the Plan, as appropriate according to the form and date of payment, provided that the interest assumption used shall generally not be less than 5%, and (b) no adjustment shall be made for any ancillary benefit provided under the Plan (if applicable) which is not directly related to retirement benefits, including, without limitation, disability benefits, medical benefits, and pre-retirement death benefits, and any death benefit coverage described in the Plan. | ||
(c) | Multi-employer Plans. Any benefits provided under any multi-employer plan to which an Employer or any Affiliate is a party shall be taken into account under this Article only to the extent that the benefits provided under such plan exceed the benefits that would have been provided under such plan if the Participant had no service with an Employer or any Affiliate. |
(a) | Payments Starting Before Social Security Retirement Age But After Age 62. If a Participants Plan benefit begins before his Social Security Retirement Age but on or after the date he attains age 62, the Dollar Limit shall be reduced: (a) if the Participants Social Security Retirement Age is 65, by 5/9th of 1% for each month by which the commencement of payment of his Plan benefit precedes the month in which he attains age 65; or (b) if the Participants Social Security Retirement Age is 66 or 67, by 5/9th of 1% for each of the first 36 months and 5/12th of 1% for each additional month by which the commencement of |
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payment of his Plan benefit precedes the month in which he attains his Social Security Retirement Age. |
(b) | Payments Starting Before Age 62. If a Participants Plan benefit begins before age 62, the Dollar Limit shall be reduced in accordance with applicable regulations (using the actuarial assumptions set forth in the Actuarial Equivalent, this Plan, provided that the interest assumption used shall be not less than 5%), so that it is equivalent to the Dollar Limit as applied to a pension beginning at age 62. | ||
(c) | Payments Starting After Social Security Retirement Age. If a Participants Plan benefit begins after his Social Security Retirement Age, the Dollar Limit shall be increased in accordance with applicable regulations (using the actuarial assumptions set forth in the Actuarial Equivalent, provided that the interest assumption shall not exceed 5%) so that it is actuarially equivalent to the Dollar Limit as applied to a pension beginning at his Social Security Retirement Age. |
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(a) | Combined Limitation. Prior to January 1, 2000 and subject to the later paragraph of this Subsection, entitled Adjustment of Defined Contribution Plan Fraction, if a Participant has at any time been a Participant in one or more defined contribution plans maintained by an Employer or Affiliate (including any plan so considered as a result of any employee contributions to a defined benefit plan) the sum of his Defined Contribution Plan Fraction and Defined Benefit Plan Fraction as of the close of any year shall in no event exceed 1.0. In order to prevent such sum from exceeding 1.0, benefits under this Plan shall be reduced to the extent necessary for that purpose. Such reduction shall be made prior to any reduction of allocations of Annual Additions under such defined contribution plans which would otherwise be made in order to prevent such sum from exceeding 1.0. | ||
(b) | Defined Contribution Plan Fraction Determination. For purposes of this Section, a Participants Defined Contribution Plan Fraction shall be determined as follows: |
(1) | Numerator. For any year, the numerator shall be the sum of the Annual Additions to the Participants account(s) under all such defined contribution plans maintained by any Employer or Affiliate in such year and in all prior years. |
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(2) | Denominator. For any year, the denominator shall be the sum of the lesser of the following amounts, determined for such year and for each prior year of service with all Employers and Affiliates as if the Participant were covered by a defined contribution plan maintained by such Employers or Affiliates for all such years, but were not covered by any defined benefit plan for any such year: |
(A) | one hundred and twenty-five percent (125%) of the maximum dollar limitation applicable to defined contribution plan allocations for such year (as provided in Code Section 415(c)(1)(A) determined without regard to section 415(c)(6)), or | ||
(B) | thirty-five percent (35%) of the Participants Earnings for such year. |
(c) | Notwithstanding the foregoing, in computing the denominator of the Defined Contribution Plan Fraction for any year ending after 1982, the Committee may elect to determine the portion of such denominator which relates to 1982 and prior years under the method described in Code Section 415(e)(6), in lieu of the method described above. Such election may be made at such time and in such manner as may be provided in applicable Treasury regulations. | ||
(d) | Defined Benefit Plan Fraction Determination. For purposes of this Section, a Participants Defined Benefit Plan Fraction shall be determined as follows for any year: |
(1) | Numerator. The numerator shall be the total projected annual benefit (as defined in Code Section 415(b)(2)) of the Participant under all defined benefit plans maintained by any Employer or Affiliate as of the close of such year, as determined for each such plan for purposes of Code Section 415(e)(2)(A), disregarding benefits derived from employee contributions. | ||
(2) | Denominator. The denominator shall be the lesser of the following amounts: |
(i) | one hundred and twenty-five percent (125%) of the Dollar Limit, determined after giving effect to the Section of this Article entitled Protection of Current Accrued Benefit, or | ||
(ii) | one hundred and forty percent (140%) of the Compensation Limit. |
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(e) | Adjustment of Defined Contribution Plan Fraction. If the sum of a Participants Defined Benefit Plan Fraction and Defined Contribution Plan Fraction determined as of December 31, 1986 would have exceeded 1.0 had the provisions of this Article as in effect after December 31, 1986 been used to compute such sum, an amount shall be subtracted from the numerator of the Defined Contribution Plan Fraction (not exceeding such numerator) so that the sum of the Defined Contribution Plan Fraction and Defined Benefit Plan Fraction as of the first day of the Limitation Year beginning in 1987 does not exceed 1.0. Such amount shall be equal to the product of: |
(1) | the sum of the Defined Contribution Plan Fraction plus the Defined Benefit Plan Fraction as of the determination date minus one, times | ||
(2) | the denominator of the Defined Contribution Plan Fraction as of the determination date. |
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(a) | For purposes of this Section, the following terms shall have the indicated meaning: |
(b) | Limitation on Distributions. Subject to the further provisions of this Section, a Restricted Participant may not receive his benefits under this Plan in the form of a single sum payment, or other benefit form under which payments during a single year would exceed the annual payments that would be made on behalf of the Participant under a single life annuity that is the Actuarial Equivalent of his Benefits (other than benefits described in paragraph (c)(1) of this Section. | ||
(c) | Application of Limitation. The limitation of this Section shall not apply to: |
(1) | payment of benefits attributable to transferred balances from defined contribution plans or to employee contributions, | ||
(2) | any payment, if the value of Plan assets after such payment equals or exceeds 110 percent of the value of the Plans current liabilities (within the meaning of Code Section 412(l)(7)), or | ||
(3) | any payment, if the value of the Restricted Participants benefits is less than one percent of the value of such current liabilities. |
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(d) | Changes in Law. In the event that Congress should provide by statute, or the Internal Revenue Service should provide by regulation or ruling, that the limitations set forth in this section are no longer necessary for the Plan to meet the requirements of Code Section 401(a) or other applicable provisions of the Code then in effect, such limitations shall become void and shall no longer apply without the necessity of further amendment to the Plan. |
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(a) | Except as provided in this Section, the assets of the Trust Fund shall be used for the exclusive purposes of providing Plan benefits to Participants and their Beneficiaries and defraying reasonable expenses of administering the Plan. | ||
(b) | All Plan contributions are conditioned on their deductibility under Code Section 404. | ||
(c) | Contributions may be returned to the Employer only: |
(1) | if a contribution is made to the Trust Fund by the Employer by a mistake of fact, then such contribution may be returned to the Employer within one year after the payment of the contribution; | ||
(2) | if any part or all of a contribution is disallowed as a deduction under Code Section 404, then to the extent a contribution is disallowed as a deduction it may be returned to the Employer within one year after the disallowance; | ||
(3) | if the Internal Revenue Service initially determines that the Plan does not meet the requirements of Code Section 401(a), the Plan shall be null and void from the Effective Date and any contributions shall be returned to the Employer less expenses paid unless the Company elects to make the changes to the Plan necessary to receive a determination from the Internal Revenue Service that the requirements of Section 401(a) are met; |
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(4) | if the Plan has been terminated, and the rules set out in Section 9.4 are met, then the excess Plan assets shall revert to the Employer. |
(a) | In the event the Committee determines in its discretion that any Participant or Beneficiary, receiving or entitled to receive benefits under the Plan is incompetent to care for his affairs, and in the absence of the appointment of a legal guardian of the property of the incompetent, benefit payments due under the Plan (unless prior claim thereto has been made by a duly qualified guardian, committee or other legal representative) may be made to the Eligible Spouse, parent, brother or sister or other person, including a hospital or other institution, deemed by the Committee to have incurred or to be liable for expenses on behalf of such incompetent | ||
(b) | In the absence of the appointment of a legal guardian of the property of a minor, any minors share of benefits payable under the Plan may be paid to such adult or adults as in the discretionary opinion of the Committee have assumed the custody and principal support of such minor. | ||
(c) | The Committee, however, in its sole discretion, may require that a legal guardian for the property of any such incompetent or minor be appointed, before authorizing the payment of benefits in such situations. | ||
(d) | If the Committee is in doubt as to the right of any person to receive a Plan benefit, the Committee may direct the Trustee to retain such amount, without liability for any interest thereon, until the rights thereto are determined, or the Committee may direct the Trustee to pay such amount into any court of appropriate jurisdiction. | ||
(e) | The Trustee shall not be required to verify or insure that any distributions made to any third parties under this Section are applied for the benefit of such minor or incompetent or incapacitated Beneficiary. |
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(a) | Except as provided in this Section, no accrued Plan benefit whether vested or not, shall be subject to alienation, assignment, pledging, encumbrance, attachment, garnishment; including but not limited to execution, sequestration, or other legal or equitable process, or transferability by operation of law in the event of bankruptcy, insolvency or otherwise. | ||
(b) | The provisions of the preceding paragraph shall not prevent the creation, assignment or recognition of any individuals right to a benefit payable with respect to a Participant pursuant to a Qualified Domestic Relations Order (QDRO) or any appropriate domestic relations order entered before January 1, 1985. | ||
(c) | Qualified Domestic Relations Order or QDRO shall mean any judgment, decree or order which (1) meets the basic requirements of Code Section 414(p) and further (2) meets the QDRO requirements set out in the Plan procedures, concerning domestic relations orders, as determined by the final, discretionary authority of the Committee. | ||
(d) | The Committee shall establish reasonable procedures to determine whether a domestic relations order is a QDRO and to administer distributions under a QDRO. If any domestic relations order is received by the Plan, the Committee shall (1) promptly notify the Participant and any Alternate Payee that the order has been received and of the Plans procedures for determining whether the order is a QDRO and (2) notify the Participant and each Alternate Payee (or their representatives) of the Committees determination. | ||
(e) | Alternate Payee shall mean any Eligible Spouse, former Eligible Spouse, child or other dependent of a Participant recognized by a proper domestic relations order as having a right to receive all, or a portion of, a Participants benefits under the Plan, as prescribed under Code Section 414(p). |
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(f) | Should any court order be issued after a Participants or Alternate Payees death, it will be considered a QDRO only if it (1) relates to and reflects an earlier order issued before death, and (2) meets the QDRO requirements. | ||
(g) | The Committee shall have final, discretionary authority to administer and interpret any QDRO, including any uncertain terms. |
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(a) | General Rules. This Section applies to distributions made on or after January 1, 1993. A Distributee (as defined in this Section) may elect, under Plan procedures, to have all or any portion of his proper Plan distribution transferred in a trust-to-trust transfer from the Trust Fund to another qualified plan, certain IRAs and certain other vehicles, subject to the restrictions of this Section. | ||
(b) | Definition of Distributee. For the purposes of this Section only, a Distributee is a Participant, Former Participant, surviving Eligible Spouse, or Alternate Payee, who is eligible under the Plan and Plan procedures to receive any Plan distribution. Distributees shall not include any other non-Eligible Spouse Beneficiary. | ||
(c) | Limits on Distributions Eligible for Direct Rollover. Generally, all or any portion of the accrued, vested Plan benefit payment attributable to the Distributee would be eligible for a trust-to-trust transfer under this Section, provided that the amount is includible in gross income. However, the following distributions are not eligible: |
(1) | periodic payments paid out over the life or life expectancy of the Distributee (or joint lives of the Distributee and his Beneficiary); |
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(2) | equal installment payments scheduled to be made over ten or more years; | ||
(3) | all of any distribution paid to any Distributee during or after the year that the Participant reaches, or would have reached, age 701/2; or | ||
(4) | the portion of any distribution that is required to be paid under Code Section 401(a)(9). |
(d) | Limits on recipient plans and IRAs. A trust-to-trust transfer from the Trust Fund under this Section can be made only to the trustee or custodian of one of the following eligible retirement plans listed below, provided that the transfer is made under Plan procedures, and that the trustee or custodian accepts the trust-to-trust transfer. However, only one trust-to-trust transfer can be made with respect to any single distribution. Such eligible retirement plans are: |
(1) | a qualified, employer, defined contribution plan; | ||
(2) | an individual retirement account or IRA, which holds or which will hold only amounts attributable to qualified employer plans, as described by Code Section 408(d)(3); | ||
(3) | an individual retirement annuity described in Code Section 408(b); and | ||
(4) | an annuity plan described in Code Section 403(a). |
(e) | Limits on direct rollovers made by surviving Eligible Spouses. Distributees who are surviving Eligible Spouses, but who are not alternate payees as described by Code Section 414(p), will be able to elect a trust-to-trust transfer only to an IRA or an individual retirement annuity, subject to all of the preceding rules of this Section. |
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(a) | For purposes of this Article, Key Employee shall mean an employee (including a former employee, whether or not deceased) of an Employer or an Affiliate who, at any time during a given Plan Year or any of the four (4) preceding Plan Years, is one or more of the following: | ||
(b) | An officer of an Employer or an Affiliate having compensation (as defined in Code Sections 415(b)(1)(A) and 415(d) (Top-Heavy Compensation) greater than fifty percent (50%) of the maximum dollar limitation described in the Article entitled Limitation of Benefits for any such Plan Year; provided, that the number of employees treated as officers shall be no more than fifty (50) or, if fewer, the greater of three (3) employees or ten percent (10%) of the employees (including leased employees as described in Sections 15.1 and 15.2), exclusive of employees described in Code Section 414(q)(8). | ||
(c) | One of the ten (10) employees (a) having Top-Heavy Compensation of more than the maximum dollar limitation for defined contribution plans in effect under Code Section 415(c)(1)(A) and (b) owning (or considered as owning, within the meaning of Code Section 416(i)), the largest percentage interests in value of an Employer or an Affiliate, provided that such percentage interest exceeds one-half percent (.5%) in value. If two (2) employees have the same interest in an Employer or an Affiliate, the employee having the greater Top-Heavy Compensation shall be treated as having the larger interest. |
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(d) | A person owning or considered as owning, within the meaning of Code Section 416(i), more than five percent (5%) of the outstanding stock of an Employer or an Affiliate, or stock possessing more than five percent (5%) of the total combined voting power of all stock of the corporation (or having more than five percent (5%) of the capital or profits interest in any Employer or Affiliate that is not a corporation, determined under similar principles). | ||
(e) | A one-percent (1%) owner of an Employer or Affiliate having Top-Heavy Compensation of more than $150,000. One-percent owner means any person who would be described in the preceding paragraph if one percent (1%) were substituted for five percent (5%) in each place where it appears therein. |
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(a) | Minimum Accrued Benefit. The accrued benefit derived from employer contributions under the Plan of each Participant who is not a Key Employee, expressed as an annual benefit in single life annuity form beginning at Normal Retirement Date, shall be at least (a) two percent (2%) of the average of such Participants Top-Heavy Compensation not in excess of the limits |
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under Code Section 401(a)(17), for the five (5) calendar years in which such average is highest (excluding any such year after the Plan ceased to be Top Heavy or during which the Participant had less than one thousand (1,000) Hours of Service) multiplied by (b) the number of Plan Years beginning on or after January 1, 1984 during which the Plan is Top Heavy and he has at least 1,000 Hours of Service, but not more than ten (10) years. The foregoing provisions of this paragraph shall apply before the corresponding provision of any Applicable Plan that is a defined contribution plan, and shall, to the extent necessary or appropriate, be deemed satisfied in whole or in part by benefits to the Participant provided under any other Applicable Plan, including without limitation, the actuarial equivalent of accumulated account balances derived from employer contributions under any defined contribution plan (other than employer contributions described in Code Section 401(k)). A Participants accrued benefit, determined as of the last day of any Plan Year in which the Plan ceases to be Top Heavy, shall not be reduced because the Plan ceased to be Top Heavy. |
(b) | Adjustment of Combined Limits. Except as otherwise provided by law, one hundred and twenty-five percent (125%) in the Article entitled Limitation of Benefits shall become one hundred percent (100%) unless the following conditions are met: |
(a) | the percentage described in the Top-Heavy Test in this Article does not exceed ninety percent (90%), and | ||
(b) | the Company amends paragraph (a) of this Section to substitute three percent (3%) for two percent (2%) therein. |
(c) | Vesting. Any Participant shall be vested in his accrued benefit derived from employer contributions on a basis at least as favorable as is provided under the following schedule: |
Completed | ||||
Years of Vesting Service | Nonforfeitable Interest | |||
2 | 20 | % | ||
3 | 40 | % | ||
4 | 60 | % | ||
5 | 100 | % |
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K&F INDUSTRIES, INC. | ||||||
By: | /s/ Kenneth M. Schwartz | |||||
Kenneth M. Schwartz | ||||||
Title: President and Chief Operating Officer |
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Incentive Program
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