Amendment No. 5 to Unified Western Grocers, Inc. Employee Savings Plan (Effective March 28, 2005)
Unified Western Grocers, Inc. has amended its Employee Savings Plan, effective March 28, 2005. This amendment adds a provision for automatic rollover: if a participant is due a mandatory distribution over $1,000 and does not choose to receive it directly or roll it over to another eligible retirement plan, the company will automatically transfer the funds to an individual retirement plan selected by the company. This change is intended to ensure proper handling of unclaimed distributions.
Exhibit 10.9.5
AMENDMENT NO. 5
TO THE
UNIFIED WESTERN GROCERS, INC.
EMPLOYEE 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: July 29, 2005 | By: | /s/ Don Gilpin | ||||||
| Don Gilpin | ||||||||
| Its: | Vice President, Human Resources | |||||||
