Amendment No. 5 to Unified Western Grocers, Inc. Sheltered Savings Plan
This amendment, effective March 28, 2005, modifies the Unified Western Grocers, Inc. Sheltered Savings Plan. It adds a provision for automatic rollover: if a participant receives a mandatory distribution over $1,000 and does not choose a direct payment or rollover, the distribution will automatically be rolled over into an individual retirement plan selected by the plan committee. The amendment is signed by the company's Executive Vice President and General Counsel.
Exhibit 10.3.5
AMENDMENT NO. 5
TO THE
UNIFIED WESTERN GROCERS, INC.
SHELTERED SAVINGS PLAN
Unified Western Grocers, Inc. (the “Company”) hereby amends the above-named plan (the “Plan”), effective as of March 28, 2005, as follows;
1. Article VI of the Plan is hereby amended by adding the following new Section 6.13 to read as follows:
“Section 6.13: Automatic Rollover. In the event of a mandatory distribution greater than $1,000 in accordance with the provisions of Article VI, if the Participant does not elect to have such distribution paid directly to an Eligible Retirement Plan specified by the Participant in a direct rollover or to receive the distribution directly in accordance with Article VI, then the Committee shall pay the distribution in a direct rollover to an individual retirement plan designated by the Committee.”
* * * * *
The Company has caused this Amendment No. 5 to be signed on the date indicated below, to be effective as indicated above.
| “Company” | ||||||||
| UNIFIED WESTERN GROCERS, INC. | ||||||||
| Dated: August 17, 2005 | By: | /s/ ROBERT M. LING, JR. | ||||||
| Robert M. Ling, Jr. | ||||||||
| Its: | Executive Vice President | |||||||
| General Counsel | ||||||||
