HomeMy WebLinkAbout37-77 RESOLUTIONir
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RESOLUTION NO. 5T/ -'9'j
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A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE AN AMENDED AND RESTATED SPLIT FUNDED DEFINED BENEFIT
ADOPTION AGREEMENT FOR EMPLOYEES OF THE CITY OF FAYETTEVILLE.
BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
That the Mayor and City Clerk be, and they hereby are,
authorized and directed to execute an amended and restated
split funded defined benefit adoption agreement for employees
of the City of Fayetteville. A copy of said agreement, marked
Exhibit "A", is attached hereto and made a part hereof.
PASSED AND APPROVED THIS // DAY OF (at/,u , 1977.
APPROVED: UU
MAYOR
ATTEST,:
CITY CLERIC
` UAL -et eu.e.a-tr
MICROFILMED
1
T 3 979
DATE �
REEL
MICROFILMED er�
DATE p; r 2 a 1916
REEL II tt
/A.
CIRCLE 0
SPECIFICATIONS,
SU?'t4ARY PLAN DESCRIPTION,
ADOPTION AGREEMENT, RETIREMENT PLAN, AND TRUST
cu
For eligible employees of:
CITY OF FAYETTEVILLE
FAYETTEVILLE, ARKANSAS
AS AMENDED AND RESTATED
EFFECTIVE
MAY 31, 1977
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37- 77
MORTON & COMPANY. INC.
PENSION ACTUARIES, CONSULTANTS ANO ADMINISTRATORS
P. O. DRAWER 1567 /F AYE TTE VIII E. ARKANSAS 72101 /TE LE RHONE 507-S21.43PS
RESOLUTION
J
A regular meeting of the Board of Directors of the City of Fayetteville
was held at the Administration Building, Fayetteville, Arkansas 72701 on
, 19 at . .
The following Directors were present:
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Presiding was
Acting as City Clerk was
On motion duly made, seconded and carried, the following resolution was
approved:
RESOLVED, that the Adoption Agreement, Plan and Trust (a copy of which
is attached hereto and incorporated herein designated as the City of
Fayetteville Retirement Plan) is hereby adopted as the Retirement Plan and
Trust of the City of Fayetteville as of May 31, 1977; same being a continua-
tion of the Plan previously adopted as amended and restated herein; and
BE IT FURTHER RESOLVED, that the Attorney for the City of Fayetteville
be, and is hereby, authorized and directed to prepare and/or approve such
legal instruments and/or other documents as may be necessary or required to
effectuate the City of Fayetteville Retirement Plan in full force and effect.
A1'1 EST:
City Clerk
Mayor
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SPECIFICATIONS
CITY OF FAYETTEVILLE
AMENDED & RESTATED RETIREMENT PLAN
EFFECTIVE DATE:
ELIGIBILITY:
REFIREEC
BENEFIT FORMULA:
NOR-LAL
RETIRD E:`T BENEFIT•
DEATH BENEFIT
BEFORE RETIREMENI:
TOTAL AND
PERMANENT DISABILITY:
VESTING:
LIFE INSURANCE TYPE:
Hay 31, 1977
Non-uniform Employees age 25 (nearest birthday)
with 2 years of employment, and who were not
over age 60 when employed, and who are not covered
by a collective bargaining agreement with an
organization with whom the City has bargained
good faith for retirement benefits.
One and one-half percent (11/2%) of Final Average
Compensation multiplied by Years of Credited Ser-
vice. Past service limited to 5 years prior to
May 31, 1958. Average compensation is highest
5 consecutive years during ten years preceeding
retirement.
Monthly payments for 60 months certain and t ere -
after for life.
67 times the Participant's Retirement Benefit
(subject to insurability standards of insurance
company) or Present Value of his Accrued Benefit
whichever is greater.
Disability provisions of individual's insurance
policy or the Present Value of his Accrued Bene-
fit, whichever is greater.
Less than 5 years service, 0%
5 years 25% with an increase of 5% per year for
the next 5 years and an increase. of 10% per year
for the next 5 years. Age 55 and 10 years, 100.
Full vesting at all times for benefits attribu-
table to Employee contributions.
Group Term Life Insurance.
EMPLOYEE CONTRIBUTIONS: Three (3) percent of Current Compensation.
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INPLOYER CONFRICUTIOJS: Ralancc required to provide benefits.
PAY?E;F OF
RETIRE.*tNf BENEFITS:
JOINT AND
SURVIVOR BENEFIT•
Participant may elect with consent of City to
receive retirement payments under a variety of
options, including lump sus.
If no option is elected, retirement benefit is
automatically paid under this option. It is a
reduced benefit payable for as long as the Par-
ticipant lives with 50& being continued for as
long thereafter as his spouse lives.
EARLY RETIREMENT• Permitted at age 55 with ten years of service.
Early benefit is actuarially reduced.
POSTPONED RETIREMEENf- Permitted with consent of City. Postponed retire-
ment benefit is actuarial equivalent of Nor..al
Retirement Benefit.
RETIREMENT PLAN FOR THE EMPLOYEES OF
CITY OF FAYETTEVILLE
SUMMARY PLAN DESCRIPTION
It is the desire of the City to provide retirement benefits for its
employees when they reach retirement age. This amended plan is effec-
tive as of May 31, 1977, and, with the exception of eligibility, is
designed to comply with the Employee Retirement Income Security Act of
1974. The most important provisions are as follows:
WHO IS ELIGIBLE TO PARTICIPATE?
All non -uniformed Employees become eligible to participate on the effec-
tive date or on the first Plan Anniversary (May 31) following the day
they complete the following requirements:
1. Every Participant in the Prior Plan who was a Par-
ticipant on May 30, 1977, shall continue to be a
Participant in this Plan.
2. Attains age 25 nearest birthday.
3. Was not over age 60 when employed.
4. Completes two (2) years of employment with the City.
5. Completes necessary application forms provided b; the
City.
6. Is not covered by a collective bargaining agreement
with whom the City has bargained in good faith for
Retirement benefits.
An Employee shall become eligible for life insurance coverage upon
becoming a Participant hereunder. Such insurance shall be equal to
one hundred (100) times the Anticipated Normal Retirement Benefit for
Participants who submit evidence of insurability, or for whom such
evidence is waived.
NORMAL RETIREMENT BENEFIT
The Normal Retirement Benefit is payable for five (5) years certain
and as long as you live thereafter. You will be given a choice of
other:Options available prior to your Normal Retirement Date. If you
are married, you will be able to select a Joint and Survivor Annuity
in which case your monthly benefit will be reduced, but your spouse
(husband or wife) will receive one-half (l) of what would be paid you
while you both are living (for as long as he or she shall live).
Should you make no other selection, this Joint and Survivor Annuity
becomes automatic.
The amount of the monthly benefit (rounded to the nearest $1.00) paid
to a Participant who retires at his Normal Retirement Date will be
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equal to 11/2of Final Average Compensation multiplied by Years of
Credited Service. Credited Service prior to May 31, 1968, shall be
limited to five (5) years. All other service shall count, with six (6)
full months or longer being considered a full year.
The Current Compensation on which the Anticipated Normal Retirement
Benefit shall be based is basic pay received by the Employee from the
Employer, exclusive of bonuses, overtime and other non-recurring forms
of compensation.
Final Average Compensation for the purpose of determining the Partici-
pant's Actual (as opposed to Anticipated) Normal Retirement Benefit
shall be the Participant's total Average Monthly Compensation received
from the Employer during the highest five (5) consecutive calendar
years in the ten (10) years immediately prior to his retirement, or
during his total service if less than five (5) years.
Example: Assume you started to work for the City at age 53 and retired
at age 65. During the last ten (10) years prior to age 65 your average
monthly compensation during the highest five (5) consecutive years was
$800. Your monthly pension would be computed as follows:
Basic benefit = 1'% x $800 x 12 years = $144
WHEN DO PAYMENTS START?
The Normal Retirement Age is the first day of the :month coincident with
or next following the Participant's 65th birthday.
With the consent of the Employer, a Participant may elect to postpone
his Actual Date of Retirement to the first day of any month following
his Normal Retirement Date, and in such event, no further contributions
will be made in his behalf for the additional period.
Payment of Retirement Benefits shall commence on the Participant's
Actual Retirement Date.
Upon written request, a Participant may be granted Early Retirement
with the consent of the Employer, provided he has attained age 55 and
has completed ten (10) Years of Service under the Plan.
RETTREm NT BENEFITS ON OTHER THAN NORMAL RETIREMENT DATE
If you postpone your retirement beyond your Normal Retirement Date,
the benefit commencing when you retire will be the Actuarial Equivalent
of yo'r Normal Retirement Benefit. This means that the amount of your
monthly pension benefit will be increased due to interest that will be
earned on the value of your retirement benefit and to a reduction in
the number of years you will be expected to receive benefits.
If you choose Early Retirement, your benefits will be the Actuarial
Equivalent of your Accrued Benefit, determined as of the date of Early
Retirement. This means that the amount of your monthly pension benefit
will be reduced due to the increase in the number of years you will be
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expected to receive benefits, and due to a lesser amount being paid into
the Plan by the City (contributions cease when a Participant retires,
whether it is an Early Retiret;ent or Normal Retirement).
WHAT IS AN ACCRUED BENEFIT?
An Accrued Benefit is your Anticipated Retirement Benefit multiplied by
a fraction, the numerator of which is the number of years you have par-
ticipated in the Plan and the denominator of which is the number of years
you would have participated had you continued to work until normal Retire-
ment Age.
WHEN DOES THIS BECOME NON -FORFEITABLE?
A Participant is always 100% vested in the portion of his Accrued Benefit
attributable to his own contribution.
In the event employment of a Participant is terminated for any reason other
than death, disability or retirement, the percentage of the Accrued Benefit
from Employer contributions, which shall be non -forfeitable, is as follows:
Number of Full
Years of Participation
Percentage
Vested
Less than 5 0„
5 25%
6 30%
7 35%
8 40/,
.9 45%
10 50%
11 60%
12 70%
13 80%
14 90%
15 100%
Age 55 and 10 years 100%
The Present Value of a Participant's vested interest in his Accrued Benefit
may be paid in one sum on termination of employment on written request from
the Participant and approval of the Employer. All Employees in like cir-
cumstances shall be treated in like manner.
WHAT SERVICE IS CREDITED.?
In computing the period of service for purposes of determining the non -
forfeitable percentage, any twelve (12) consecutive month period starting
with the Date of Employment or any Anniversary thereof, with the Employer
during which he has completed 1,000 hours or more, shall be taken into
account, except the following:
1. Service prior to a Break in Service until he has com-
ti.
pleted one (1) Year of Service with the Employer, after
his return.
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2. All periods during where there has been a "Break in
Service."
3. All periods prior to a "Break in Service" where the
numbers of "Breaks in Service" equals or exceeds the
periods of service prior to the "Breaks in Service."
4. Periods during which the Employer did not maintain a
Plan, or a Predecessor Plan.
For Benefit Accrual each year under the Plan during which you have
completed 1,000 hours or more will be counted.
WHAT IS BREAK IN SERVICE?"
A "Break in Service" shall mean any twelve (12) month period starting
with the date of employment or any anniversary thereof during which a
Participant has not completed more than five hundred (500) hours of
service.
pap 8.03
Should you have a "Break in Service" and then later return to work,
you will again be a Participant in the Plan, but you will not be
credited with your past service until one year after your re—employment.
At that time, you will be credited with your past service as well as
with service during the one year wait unless the total "Breaks in
Service" equal or exceed the years of past service, in which case you
will lose your past service.
Should you have withdrawn your vested benefits when incurring a "Break
in Service" your final benefits will be reduced accordingly unless the
amount withdrawn is repaid with interest at five percent (5%) compounded
annually to the date of re -payment.
SUPPOSE I SHOULD DIE?
In the event of your death prior to your Normal Retirement Date, the
amount payable to your Beneficiary shall be the face amount of the
insurance on your life under the Plan, if any, or the Present Value of
your Accrued Pension Benefit, whichever is greater.
SUPPOSE I BECOME DISABLED?
The amount of which you shall be entitled hereunder by reason of
becoming permanently and totally disabled shall be that which 1s pro-
vided under a Permanent and Total Disability provision contained in
the insurance policy issued on your life, if any, or the Present Value
of your Accrued Benefit, whichever is greater.
WHO PAYS THESE BENEFITS?
Each Participant shall contribute 3% of his compensation, deducted
monthly, and the City shall contribute the balance necessary to provide
all benefits of the Plan.
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CONCLUSION
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This brief description of your Plan is intended to give you the most
important details. Any variance between this description and the Plan
Document itself will be controlled by the Plan Document. This can be
examined by you at the business office of the City of Fayetteville,
City Administration Building, Fayetteville, Arkansas 72701, at any time
during regular business hours; and we will be glad to answer any ques-
tions you may have regarding it.
DATE CITY OF FAYETTEVILLE
5
BY
SPLIT FUNDED DEFINED BENEFIT
ADOPTION AGREEMENT
FOR THE
EMPLOYEES OF
CITY OF FAYETTEVILLE
FAYE11EVILLE, ARKANSAS
(AMENDED AND RESTATED)
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FORWARD
1
ADOPTION A G R E E M E N 1
TABLE OF COME.\TS
PART 1 ADJMINISTRATIVE MATTERS
(Plan Ref: Secs. 2.16, 2.18, 2.20, 2.29, 15.01)
PART II ELIGIBILITY
(Plan Ref: Sec. 3.01)
PART III RETIREMENT AGES AND DATES
(Plan Ref: Secs. 2.30, 4.01)
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Page
PRT IV NORMAL RETIREMENT BENEFIT
(Plan Ref: Secs. 2.13, 5.02) Pa,e iii
PART V VESTING
(Plan Ref: Sec. 9.04)
PART VI DEATH AND DISABILITY BENEFITS
(Plan Ref: Secs. 5.05, 6.01)
PART VII FUNDING
(Plan Ref: Secs. 5.11, 12.01, 12.02)
PART VIII RETIREMENT BENEFITS ON OTHER THAN NORMAL
RETIREMENT DATE
(Plan Ref: Secs. 5.03, 5.04
PART IX NATURE OF AGREEMENT
(Trust Ref: Sec. 8.02)
SIGNATURE PAGE
Pa,=
Pace
Page vi
Page vii
Page vii
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11➢:
CITY OF FAYETTEVILLE
A DEFINED BENEFIT PLAN AND TRUST
ADOPTION AGREB ENT
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WHEREAS, the Employer, a Governmental Unit with its principal place cf
business in Fayetteville, Arkansas, created on Hay 31, 1958 an Employee Re-
tirement Plan, and
11-IERE4S, the Employer now desires to amend its Retirement Plan to
accomplish the purposes set forth below:
NOW, THEREFORE, by executing this Adoption Agreement, the Erplo,e_ ;_cre-
by establishes an amended Plan and Trust attached hereto and expressly incorp-
orated herein, for the following purposes, to wit:
1. To redesign the Plan.
2. To create a Trust to hold, invest, reinvest and otherwise
to manage the assets of the Plan as amended.
3. To restate the Plan in a separate document from a policy
of insurance.
4. To amend and continue the Predecessor Plan.
The Trustees and the Plan Administrator, by joining in the execution of
this Adoption Agreement, accept the responsibilities imposed on them and
agree to perform their duties under this Plan.
As part of this Plan, the Employer makes the following statements:
(i)
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PARI 1
AJY1INISIRATIVE HAITER.S
A. The Name of this Plan shall be:
CITY OF FAYETTEVILLE RETIRF1qENF PLN!
B. The Trustee appointed at this time is:
Mcllroy Bank and Trust
. 75 North East Street
P. 0. Box 1367
Fayetteville, Ark. 72701
C. The Plan Administrator shall be the Employer.
D. The Person available for Service of Process is:
(501)521-7400
City Manager
City of Fayetteville
City Administration Bldg.
Fayetteville, Ark. 72701
(501)521-7700
E. The Named Fiduciary shall be the City of Fayetteville.
F. As used herein, the term "Employer" shall mean City of Fayetteville.
G. The Effective Date of this Adoption Agreement, as well as the Plan and
Trust, both incorporated herein is May 31, 1977.
PART II
ELIGIBILITY
A. Every Employee, who is not an Employee of the Fayetteville Police Depart-
ment or the Fayetteville Fire Department, shall become eligible to parti-
cipate on the effective date or on the first Plan Anniversary thereafter
following the day he completes the following requirements:
1. Every Participant who was a Participant in the Prior Plan on
Mlay 30, 1977 shall continue to be a Participant in this Plan.
2. Attains age 25 nearest birthday.
3. 11as not age 60 or over on his Date of Employment.
4. Has completed twenty-four (24) months of employment with the
Employer.
5 Has agreed to make the required contributions.
6. Employees not included in a unit of Employees covered by an
agreement which the Secretary of Labor finds to be a collet-:
tive bargaining agreement between Employee representatives
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and one or more Employers, if there is evidence that retire-
ment benefits were the subject of good faith bargaining be-
tween such Employee representatives and such frigrlovcr.
11. The Participant shall become eligible for the life insurance specifics
in Article VII upon becoming a Participant hereunder.
Such insurance shall be Group Term life insurance, equal to 100 times
his Anticipated Normal Retirement Benefit.
PART III
RETIREMNT AGES AND DATES
A. The Normal Retirement Age is 65. The Normal Retirement Date shall be
the first day of the month coincident with or next following the Parti-
cipant's sixty-fifth (65th) birthday.
B. A Participant may elect to postpone his Actual Date of Retirement to
the first day of any month following his Normal Retirement Date, and
in such event, no further cont;ibutions will be made in his behalf for
the additional period.
The consent of the Employer shall be required for the Particicant to
postpone his Actual Date of Retirement.
Payment of retirement benefits shall commence cn the Participant's
Actual Retirement Date.
Upon written request, a Participant may be granLed Early Retirement
with the consent of the Employer, provided he is within 10 years of
his Neral Retirement Date, and is 100% vested in his Accrued Senefit.
PART TV
NORMAL RETIRE:ENrI BENEFIT
A. The Normal Retirement Benefit shall be a monthly benefit payable for
sixty (60) months certain and for as long thereafter as the Participant
shall live.
B. The amount of such Normal Retirement Benefit commencing at a Partici-
pant's Normal Retirement Date shall be one and one-half percent (1<%)
of Final Average Compensation multiplied by years of Credited Service.
C. The maximum number of Years of Credited Service to be taken into accent
in determining a Participant's Normal Retirement Benefit shall be limit-
ed to a maximum of five (5) years prior to 5-31-58.
All other service with the City shall be included as Credited Service.
D. Benefits as computed under the above formula shall be rounded to the
nearest $1.00.
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E. The Monthly Current Compensation on which the Anticipated Norm_ Re-
tirement Benefit shall be based is basic pay exclusive of bonuses,
overtime and other nonrecurring forms of compensation. •
F. Final Average Compensation for the purpose of determining the Par-
ticipant's Actual (as opposed to Anticipated) Normal Retirement Bene-
fit shall be the Participant's Average Monthly Compensation received
from the Employer during the highest five (5) consecutive calendar
years in the ten (10) years immediately prior to his retirement, or
during his total service if less than five (5) years, suet -I. -total
compensation to be that shown on the Participant's lei -2 Form each year.
G. Notwithstanding the retirement benefits as spelled out in t.._
Adoption Agreement and Plan, there shall be no miniuum or max-
imum benefits other than those set forth in the Plan.
PART V
VESTING
In the event employment of a Participant is terminated as provided =r.
Article VIII, the percentage of vesting in the Accrued Benefit a
butable to Employer contributions shall be as foliows:
Number of Full
Years of Service
Percentage
Vested
Less than 5 0`
5 25:
6 3C'
7 35%
8 40
9 45;
10 50%
11 60%
12 70%
13 80%
14 90%
15 100%
Age 55 with 10 years under Plan 100%
Notwithstanding anything herein to the contrary, a Participant shall be
100% vested in his Accrued Benefit when he reaches his Nornal Retirement
Age.
The Present Value of a Participant's vested interest in his Accrued Benefit
may be paid in one sum on termination of employment on written request fro-.
the Participant and approval of the Employer. All Employees in like cir-
cumstances shall be treated in like manner.
In computing the period of service for purposes of determining the n_.. -
forfeitable percentage under this Part of the Adoption Agreement ail
of an Employee's Years of Service with the Employer shall be taken to
account except the following:
a 1
1 Service prior to a Breal. in Service until he has complete:
one year of service with the Employer, atter his retur;..
All periods during which there has been a "Break in Ser-
viee".
3. All periods prior to a "Break in Service" where the number:
of "Breaks in Service" equals or exceeds the periods of
service prior to the "Breaks in Service".
4. Periods during which the Employer did not raintain a Plan,
or a Predecessor Plan.
5. Periods during which an Employee declined to rake man^a-or:
contributions, if any are required.
6. An Employee working simultaneously for two or more Employers
will not have his period of service increased by reason of
such simultaneous employment.
PART \'1
DEATH AND DISABILITY BENEFITS
A. DEATH BENEFITS: In the event of a Participant's death prior to
his Normal Retirement Date, the amount payable to his Beneficiary
shall be the face amount of the insurance en his life under the
Plan, if any, or the Present Value of his Accrued Pension Bene=_:,
whichever is greater.
B. DISABILITY BENEFITS: The amount to which a Participant shall be
entitled nereuncter by reason of becoming permanently and totall
disabled shall be that which is provided under a Permanent and
Total Disability provision contained in the insurance policy
issued on his life under the Plan, if any, or the Present Value
of his Accrued Benefit, whichever is greater. Such amount shall
be paid first from such insurance policy and any additional amount
due hereunder shall be paid from the Trust Fund. Any amount due
from such insurance policy shall be paid in accordance with the
terms of such policy and any amount paid from the Trust Fund shall
be paid in equal monthly installments for a period of five (5)
years or longer, in accordance with the options contained in Section
s.0;.
The policies of Life Insurance issued on the lives of Participants
hereunder shall, wherever possible, contain a permanent and total
disability provision which shall provide, as nearly as possible,
for the payment of the face amount of such insurance, in the event
of the permanent and total disability of such Participant before
age sixty (60), in the form o: monthly installments.
(v)
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PART 111
FUND ;:f
This Plan shall be funded by joint contributions of the Emplo)er an:'
Participant with each Participant contributing 3% of his Current Compt.;-
sation, and the Employer contributing the balance necessary to fund the
benefits provided hereunder.
Voluntary contributions will not be permitted.
Employee mandatory contributions shall be first applied to pay the cost
of the life insurance protection of any insurance policy issued upon :?te
life of such Participant, and the balance, if any, shall be applied to
pay the cost of retirement benefits provided hereunder.
PART VIII
• RETIRFMENT BENEFITS ON OTHER THAN NORMAL REETIRE•Ect DATE
A. Should a Participant postpone his retirement beyond his Nora'
Retirement Date, the retirement benefit commencing on his Actuai
Retirement Date shall be the actuarial equivalent of his Norte
Retirement Benefit.
B. The amount of a Participant's Early Retirement Benefit shall be the
actuarial equivalent of his Accrued Benefit, determined as of His
Early Retirement Date.
(vi)
PART 1 x:
NAIIJRE OF AGREE•MD I
This Adoption Agreement constitutes Amendment Number 2 to a restaracn.
of an existing Plan which is qualified under Section 401(a) of the
Internal Revenue Code. The provisions of this Amendment supersede the
initial agreement and all Amendments prior to this.
Executed at this th day of , 19
Attest: CITY OF FAYETTEVILLE'
Eloyer
By
TRUSTEES: McILROY BA`'K AND TRUST
Witness Trustee
a
SPLIT FUNDED DEFINED BENEFIT
MUNICIPAL RETIREMENT PLAN
FOR THE
EMPLOYEES OF
THE CITY OF FAYEII1:VILLE
FAYETTEVILLE, ARKANSAS
11ABLE OF CONTI: T5
ARTICLL I 1G1ili OF PLAN AND PURPOSI Page 1
ARTICLE 11 DEFINITIONS
Page 1
2.01
Accrued Pension Benefit
1
2.02
Actual Retirement Date
1
2.03
Actuarial Equivalent
2
2.04
Actuary
2
2.05
Adoption Agreement
2
2.06
Age
2
2.07
Anniversary Date
2
2.08
Anticipated Normal Retirement Benefit
2
2.09
Beneficiary
3
2.10
Board or Board of Directors
3
2.11
Break in Service
3
2.12
Code
3
2.13
Credited Service
3
2.14
Current Compensation
3
2.15
Date of Employment
4
2.16
Effective Date
4
2.17
Employee
4
2.18
Employer
4
2.19
Entry Date
4
2.20
Fiduciary
4
2.21
Final Average Monthly Compensation
S
2.22
Forfeiture
5
2.23
Gender and Ntmber
S
2.24
Hour of Service
5
2.25
Insurable Participant
5
2.26
Insured Participant
6
2.27
Insurer
6
2.28
Investment Manager
6
2.29
Named Fiduciary
6
2.30
Normal Retirement Date
6
2.31
Participant
6
2.32
Parties in Interest
6
2.33
Person
8
2.34
Plan
8
2.35
Plan Administrator
8
2.36
Plan Year
8
2.37
Policy
8
2.38
Present Value of Benefits
8
2.39
Qualified Joint and Survivor Annuity
9
2.40
Retirement
9
2.41
Service of Legal Process
9
2.42
Termination of Employment
9
2.43
Trust Fund
9
2.44
Trustee
9
2.45
Uninsured Participant
10
2.46
Year of Service
10
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III
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V
VI
VII
VIII
IX
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XVIII
IiLIGIBILI'IY FOIL 1'AJtTICI1'AT10::
RETIRI3IEN1DA77i.`;
RETIRE4ENT BENEFITS
DEATH BENEFITS
POLICIES
PAYMENT OF BENEFITS
VESTING
ACCRUED PENSION BENEFITS
CLAIMS PROCEDURES
PArvIENT OF CONTRIBUTIONS
TRUST FUND
THE INSURER
ADMINISTRATION -PLAN AEMINISTRATOR
AMENDPfENT AN) DISCONTINUANCE OF THE PLAN
TRUST
MISCELIANEOUS PROVISIONS
1'age 10
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ARFICH 1
NP1l UP 1'LAN ANTI PURFY).SJ:
1.01 PUIu'Osi.
It shall be the purpose of this Plan to provide, under the conditions
set forth, pensions benefits upon retirement and other related benefits
for the Employees of the Employer who are eligible to participate in
the Plan.
1.02 A=iO`1
The Employer has adopted this Plan and Trust by completing and signing
the Adoption Agreement attached hereto.
1.03 INTE%7
It is the intent of the Employer that this Plan (and its accompanying
Trust) shall qualify for approval under Sections 401(a) and 501 of
the Internal Revenue Code as a tax exempt Employee's Trust and, in
case of any ambiguity, shall be interpreted to accomplish such result.
ARTICLE II
DEFINITIONS
When used herein, or in the administration hereof, the words and
phrases defined herein shall
have the
following meaning
unless a
different meaning is clearly
required
by the context of
the Plan.
2.01 ACCRUED PENSION BENEFIT
"Accrued Benefit" or "Accrued Pension Benefit" shall mean that part
of a Participant's Anticipated Normal Retirement Benefit which is
earned at any definite date as determined in accordance with the pro-
visions of Article X.
2.02 ACTUAL RETIRE -ENT DATE
The "Actual Retirement Date" is the first day of the month coincident
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with or next following an bnployee's retirement from service of the
Employer.
2.03 ACTUARIAL EQUIVALENT
"Actuarial Equivalent" shall mean a benefit of equal value when co:n-
puted in accordance with the actuarial assumptions last adopted by
the Actuary for the Plan.
2.04 ACTUARY
"Actuary" shall mean an Enrolled Actuary selected by the Plan A mini-
strator to provide actuarial services for the Plan.
2.05 ADOPTION AGREaT T
"Adoption Agreement" means a separate document constituting an inte-
gral part of this Plan in which the Employer states the various Plan
provisions and designates the necessary parties to the Plan.
2.06 AGE
"Age" shall he the age computed as of the nearest birthday of the
Employee.
2.07 ANN1YERSARY DATE
"Anniversary Date" means the Effective Date and the same date in each
year thereafter.
2.08 ANTICIPATED NORMAL RETIREMENT BENEFIT
The "Anticipated Normal Retirement Benefit" is the Normal Retirement
Benefit which is expected to start on the Participant's Normal Retire-
ment Date, assuming:
a) No change in the Plan from the date of determination of
such benefit to the Normal Retirement Date.
b) No change in Participant's compensation during the same
period.
c) No change in Social Security Benefits during the same
period.
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d) Without regard to ancillary Ucrielits, such as life insur-
ance, disability provisions or early retireiaent.
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2.(?9 Bli'IPICIAItY
A "Beneficiary" shall be any Person or Persons designated by a Par-
ticipant, or by the terms hereof, who is to receive benefits in the
event of the death of the Participant.
2.10 BOARD OR BOARD OF DIRECTCRS
"Board" or "Board of Directors" shall mean the Board of Directors of
the Employer.
2.11 BREAK. IN SERVICE
A "Break in Service" shall mean any twelve (12) month period starting
with the date of employment or any anniversary thereof during which a
Participant has not completed more than five hundred (500) hours of
service. A transfer from one Employer to another Employer within the
Plan shall not result in a "Break in Service".
2.12 CODE
"Code" shall mean the Internal Revenue Code of 1954 as amended and
as the same shall be amended from time to time.
2.13 CREDITED SERVICE
"Credited Service", for the purposes of determining the Normal Retire-
ment Benefit under Article V, shall be all service with the Employer
subject to the limitations provided in Part IV of the Adoption Agree-
ment. This definition shall not be construed to reduce any service
prior to this amendment.
2.14 CURRENT CawPENSATION
"Current Compensation" or "Basic Monthly Salary" shall be an amount
equal to one -twelfth (1/12th) of the Employee's annual rate of pay
from the Employer, as provided in Part IV of the Adoption Agreement.
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2.15 DA'l'L OF I NPLOr4li: f
CI "Date of Imployment" shall mean the first date on which an Employee;
completes an Hour of Service, provided that in the case of a Break
in Service, an Employee's Date of Employment shall be the first date
after such Break in Service on which he completes an Hour of Service.
2.16 EFFECTIVE DATE
"Effective Date" means the date stated in Part I of the Adoption Agree -
pent.
2.17 EDIPLOYEE
An "Employee" shall be any Person who is employed by the Employer.
2.18 EMPLOYER
"Employer" means the Employer stated in Part I of the Adoption Agree-
ment and any successor by merger, purchase or otherwise, who assumes
the obligations of this Plan and Trust, and any predecessor who has
maintained this Plan.
2.19 E`i IRY DATE
The "Entry Date" shall be the Anniversary Date on which an Employee
becomes a Participant.
2.20 FIDUCIARY
The term "Fiduciary" means any person who --
(a) exercises any discretionary authority or discretionary
control respecting management of this Plan or exercises
any authority or control respecting management or dispo-
sition of its assets,
(b) renders investment advise for a fee or other compensation,
direct or indirect, with respect to any monies or other
property of this Plan, or has any authority or responsi-
bility to do so, or
(c) has any discretionary authority or discretionary respon-
sibility in the administration of this Plan.
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2.21 FIND. AVERAGE MO;NUI[LY CO P NSATIU:
"Final Average Monthly Compensation" shall mean that compensation as
provided in Part IV of the Adoption Agreement.
2.22 F0RFEIIURL
"Forfeiture" means the value of the nonvested Accrued benefit of any
Participant who terminates.
2.23 GL\DER A) NUMBER
As used in the Plan, the masculine shall include the feminine and the
singular shall include the plural.
2.24 HOUR OF SERVICE
a) Each hour for which an Employee is directly or indirectly
paid, or entitled to payment, by the Employer for the per-
formance of duties. These hours shall be credited to the
Employee for the period or periods in which the duties are
performed; and
b) Each hour for which an Employee is directly or indirectly
paid, or entitled to payr!ent, by the Employer for reasons
(such as vacation, sickness or disability) other than for
the performance of duties. These hours shall be credited
to the Employee for the period or periods in which payment
is made or amounts payable to the Employee become due; and
c) Each hour for which back pay, irrespective of mitigation
of damages, has been either awarded or agreed to by the
Employer. These hours shall be credited to the Employee
for the computation period or periods to which the award
or agreement pertains rather than the computation period
in which the award, agreement or payment is made.
In any case, where the Employer maintains the plan of a predecessor
Employer, service for such predecessor Employer shall be treated as
service for the Employer.
2.25 INSURABLE PARTICIPANT
An "Insurable Participant" is one whose life may be insured by the
Insurer at standard rates or at substandard rates not to exceed the
equivalent of two hundred percent (200%) Mortality. Substandard rates
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in excess of two hundred percent (200%) Mortality must be approved by
the Employer. Employees in like circumstances shall be treated in like
manner.
2.26 INSURED PARTICIPANT
An "Insured Participant" is one on whose life an insurance policy or
policies have been purchased pursuant to the terms of this Plan.
2.27 INSURER
"Insurer" means a legal reserve life insurance company that issues a
Policy under this Plan.
2.28 INVESTMENT MANAGER
"Investment Manager" means that Person so designated by the Plan Ad-
ministrator to manage and invest designated plan assets and who ack-
nowledges his acceptance in writing.
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2.29 NAMED FIDUCIARY
The "Named Fiduciary" shall be the Person designated in Part I of the
Adoption Agreement.
2.30 NORMAL RETIREMENT DATE
"Normal Retirement Date" is as provided in Part III of the Adoption
Agreement.
2.31 PARTICIPANT
The term "Participant" means any Employee or former Employee of the
Employer who is or may become eligible to receive a benefit of any
type from
the Plan, by reason of having
fulfilled all eligibility re-
quirements
for participation
hereunder,
or whose Beneficiaries may be
eligible to receive any such benefit.
2.32 PARTIES IN INTEREST
The term "Parties in Interest" means a Person who is ---
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A) a Fiduciary;
1;) a Person providing services to the Plan;
C) an Employer any of whose Employees are covered by the Plan;
D) an Employee organization any of whose members are covered by
the Plan;
E) an owner, direct or indirect of 50 percent (50%) or more of ---
(i) the combined voting power of all classes of stock
entitled to vote or the total value of shares of
all classes of stock of a corporation;
(ii) the capital interest or the profits interest of a
partnership, or;
(iii) the beneficial interest of a Trust or unincorporated
enterprise, which is an Employer or an Employee or-
ganization described in subparagraph (C) or (D);
F) a relative of any individual described in subparagraph (A), (B), (C)
or (E), who is a spouse, ancestor, lineal descendant or spouse of a
lineal descendant of same;
G) a corporation, partnership, trust or estate of which (or in which)
50 percent or more of ---
(i) the combined voting power of all classes of stock
entitled to vote or the total value of shares of
all classes of such corporation;
(ii) the capital interest or profits interest of such
partnership, or
(iii) the beneficial interest of such trust or estate, is
owned directly or indirectly, or held by persons
described in subparagraph (A), (B), (C), (D) or CE)
unless regulations define otherwise;
H) an Employee, officer, director (or an individual having powers
or responsibilities similar to those of officers or directors)
or a 10 percent or mare shareholder, or a highly compensated
Employee (earning 10 percent or more of the yearly wages of an
Employer) of a person described in subparagraph (C), (D) or (G)
unless regulations define otherwise, or
I) a 10 percent or more (in capital or profits) partner or joint
venturer of a person, directly or indirectly described in sub-
paragraph (B) , (C) , (B), (E) or (C).
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2.33 PERSON
The word "Person" as used herein means an individual, partnership,
joint venture, corporation, mutual company, joint stock company, trust,
estate, unincorporated organization, association or Employee organiza-
tion, as indicated by the context.
2.34 PLAN
The "Plan" shall mean the Retirement Plan established by this document.
2.35 PLAN ADt<IINISTRATOR
"Plan Administrator" or "Administrator" means the Person designated
in the Adoption Agreement to administer the Plan and who signifies his
acceptance of this responsibility by joining in the execution of. the
documents creating or amending this Plan; or any successor, appointed
in accordance with this Plan who so signifies his acceptance in writing.
If more than one Person is so designated, they shall be known as the
Administrative Committee and all references in the Plan and Trust to
the Plan Administrator shall be deemed to apply to the Administrative
Committee.
2.36 PLAN YEAR
A "Plan Year" shall mean the period of time between Plan Anniversary
Dates.
2.37 POLICY
A "Policy" shall be a life insurance contract issued by the Insurer
under the terms and conditions of this Plan.
2.38 PRESENT VALUE OF BENEFITS
The "Present Value" of any benefit provided hereunder shall be an amount
equal to the actuarially computed value of such benefit as of the date
of determination calculated in accordance with actuarial assumptions
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consistent with those used in computing the funding of this P1an.
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2.39 OUALIFII:D JOIN AND SURVIVOR Asti?lUIT'
The term "Qualified Joint and Survivor Annuity" means a reduced month-
ly benefit payable during the lifetime of the retired Participant and
50 percent of such reduced monthly benefit payable after his death to
the spouse named by him at the time the option is elected, if such
spouse survives the retiree, 50 percent of such benefit is to continue
until the death of the spouse. If the designated spouse should die
prior to the benefit commencement date of the Participant, the elec-
tion of this option is deemed automatically annulled.
2.40 RETIRE'IENT
"Retirement" shall mean separation from the service of the Employer
upon the Early, Normal or Postponed Retirement Date.
2.41 SERVICE OF LEGAL PROCESS
The Employer is designated as Agent for "Service of Legal Process"
2.42 TERMINATION OF BIPLOYPtENT
"Termination of Employment" shall be the cessation of active work.
However, should an Employee cease active work due to taking a leave
of absence as defined in this Plan, employment for all purposes shall
be deemed to be continued during such leave of absence. These provi-
sions regarding leave of absence shall be applied in a uniform and
nondiscriminatory manner to all Participants under similar conditions.
2.43 TRUST FUND
"Trust Fund" shall mean all assets held in Trust pursuant to the pro-
visions hereof and shall include all policies issued hereunder.
2.44 TRUSTEE
"Trustee" means the individual, individuals, or the corporation named
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2.45
2.46
3.01
3.02
in the Adoption Agreement and any successors.
UNINSUWJ) PARTICIPIJr1'
An "Uninsured Participant" is one on whose life the Trustees have not
purchased insurance policies in any amount due to the Participant's
being uninsurable, or due to his failure or refusal to provide the
Trustees, the Plan Administrator or the Insurer the necessary informa-
tion to effectuate the issuance of such insurance. (See Section 2.25
for "Insurable Participant").
YEAR OF SERVICE
A "Year of Service" for vesting means a twelve (12) consecutive month
period, starting with the first hour of employment or any anniversary
thereof, during which the Employee has completed not less than one
thousand (1,000) Hours of Service excepting service specifically ex-
cluded under the provisions of Part V of the Adoption Agreement. A
"Year of Service" for Benefit Accrual means a twelve (12) consecutive
month period starting with the date he became a Participant in the
Plan or any anniversary thereof, during which he has completed not
less than one thousand (1,000) Hours of Service.
ARTICLE III
ELIGIBILITY FOR PARTICIPATION
REQUIT _ S
An Employee shall become eligible to participate on. the Anniversary
Date following the day on which he satisfies the eligibility require-
ments designated in Part II of the Adoption Agreement.
LOSS OF ELIGIBILITY
A Participant who has a Break in Service in any Plan Year shall lose
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his eligibility to participate in the 1'lan for that Plan Year.
( 3.03 TLL'1ItWVILI) EIPLOYLI: - NO BRL&1: LN SERVICE
A terminated Participant who returns to the employment of the Employer
prior to incurring a one year Break in Service shall automatically
become a Participant again on the date of re-employment and the Trus-
tees shall either reinstate any insurance policies which had previous-
ly been purchased on the Participant's life or purchase a new policy
for chich such Participant may be entitled on the Plan Anniversary
Date next following.
3.04 TERMINATED EMPLOYEE - FOLLOWING BREAK IN SERVICE
A terminated Participant who returns to the employment of the Employer
after incurring a one year Break in Service shall become a Particip:_zt
again on his re-employment.
3.05 EMPLOYEE ON LEAVE OF ABSENCE
An Employee on Leave of Absence on the Effective Date of this Plan who
otherwise becomes eligible to begin participation in the Plan shall
become a Participant following his return to active work in accordance
with the terms of this Plan.
3.06 A PARTICIPANT W1-iO BECQ�tES INELIGIBLE
A Participant who continues in the employ of the Employer but who
no longer meets the eligibility requirements shall again become eli-
gible to participate in the Plan when the cause of his ineligibility
is removed.
3.07 NOTICE PRIOR TO ELIGIBILITY
Adequate notice of eligibility to participate shall be given the En-
ployee, and the consequences of his failure to comply must be clearly
presented to him. If he fails or refuses to participate, the exclu-
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sion provisions of the Plan bccunc operative as to such lznployec.
Such provisions must be uniformly applied so as not to rc.jlt in pro-
hibited discrimination.
3.08 PARTICIPATION;
Not later than ninety (90) days after an Employee becomes a Partici-
pant in the Plan, the Administrator shall notify the Participant of
such fact and deliver to him a copy of this Plan Summary together with
a statement showing the amount of insurance to be provided.
ARTICLE TV
RETIRE"ENT DATES
4.01 Retirement dates shall be only as provided in Part III of the Adop-
tion Agreement.
ARTICLE V
RETIREMENT BENEFITS
5.01 NORMAL RETIREMENT BENEFIT
The Normal Retirement Benefit shall be a series of equal monthly in-
stallments payable in advance. The amount of each such installment
and the period of time for which such installments are to be paid
shall be as provided in Part IV of the Adoption Agreement.
5.02 CALCULATION OF BENEFITS
On or about each Anniversary Date, the Plan Administrator shall re-
view the current compensation of all Participants and shall calculate
the amount of Anticipated Normal Retirement Benefit to which each
Participant shall be entitled at his Normal Retirement Date in accor-
dance with the preceding paragraph using his current compensation in
effect on such Anniversary Date, and using total years of Credited
Service. In calculating the Anticipated Normal Retirement Benefit,
the Plan Administrator shall use the latest available information tci
achieve the nearest approximation of the Actual Retirement Benefit.
Notwithstanding the above, an Employee's Actual Retirement Benefit
payable at his Normal Retirement Date shall be based on his Final
Average Compensation (as defined in Section 2.21 of the Plan and Part
IV of the Adoption Agreement).
5.03 POSTPONED RETIRDL'T BE''EFIT
The amount of a Participant's Postponed Retirement Benefit shall be
as provided in Part VIII of the Adoption Agreement. The Trustees,
at the discretion of the Plan Administrator, may continue any insur-
ance policy on the life of a Participant during a period of Postponed
Retirement in such manner as shall be provided in such policy.
5.04 EARLY RETIRR'flT BENEFIT
The retirement benefit payable to a Participant on his Early Retire-
r:.ent Date, if such early retirement is permitted shall be as provided
in Part VIII of the Adoption Agreement, not to exceed the amount of
his vested benefit where consent of the Employer is required.
5.05 DISABILITY BENEFIT
In the event that a Participant's employment is terminated by reason
of permanent and total disability by reason of any medically deter-
minable physical or mental impairment which can be expected to result
in death or to be of long -continued and indefinite duration, he shall
be entitled to receive in lieu of all other benefits under this Plan
an amount as provided in Part VI of the Adopticn Agreement.
5.06 LIMITATION ON BENEFITS
The retirement benefits of any Participant (when expressed as an an -
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nual benefit) shall not exceed the lesser of:
5.07
a) $75,000 or
b) One hundred percent (100%) of the Participant's average
annual compensation for his high three years; or such
limits as may be from time to time set by the Secretary
of the Treasury or his delegates.
For the purpose of this section, the terns "Annual Benefit" means a
benefit payable annually in the fore of a straight life annuity with
no ancillary benefits with no Employee contributions or rollover con-
tributions considered. In the event a Participant has less than ten
years of service, the limitation referred to above shall be reduced
by 1/10 for each year of service less than ten at Normal Retirement
Date. If a Participant never participated in a defined contribution
plan of the Employer, the annual benefit from this Trust and any other
defined benefit plan maintained by the Employer may not be limited to
less than $10,000 by application of the above limitations.
CO`1BINED PLANS
In any case in which an individual is a Participant in both a defined
benefit plan and a defined contribution plan maintained by the same
Employer, the sum of the defined benefit plan fraction and the defined
contribution plan fraction for any year may not exceed 1.4. The
defined benefit plan fraction for any year is a fraction the numerator
of which is the projected annual benefit of the Participant under the
Plan (determined as of the close of the year) and the denominator of
s.hich is the maximum benefit allowable. The defined contribution plan
fraction for any year is a fraction the numerator of which is the sum
of all the annual additions which have actually been made for the
current year and all prior years of service to the Participant's account
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as of the close of the year and the denominator of which is the m:i-
mum amount of all of the annual additions to his account that could
have been made for the current year and all prior years of service.
If such sum exceeds 1.4, the annual additions to the defined contri-
bution plan shall be limited, notwithstanding any formula or provision,
to such amount as will reduce such sun to 1.4, by first limiting or
eliminating any voluntary contributions, second by reallocating any
forfeitures to other Participants, and last by reducing the contribu-
tion formula. (Any reduction in the contribution formula shall be
first applied to the contribution made on compensation in excess of
the Integration Level.) If the Employer has more than one defined
contribution plan, any reduction above will be made first to the pro-
fit sharing plans, then to all other such plans, and if necessary, by
` reducing first those that were effective last, and thereafter pro rata.
'}a 5.08 FORFEITURES, ETC. TO RrnUCE COSTS
All refunds of unearned premiu-rs, dividends and the like, including
recoveries resulting from discontinuations of insurance fren any
cause, shall be paid or credited by the Insurer to the Trustees.
These sums with all Forfeitures shall be used to reduce Employer's
costs in the next of succeeding years.
5.09 EFFECT OF SOCIAL SECUPJTY
Benefits payable under Title II of the Social Security Act sha11 not
affect in any fray any benefits payable hereunder.
5.10 ASSIZE:\T OF BENEFITS
No Participant under this Plan shall assign or alienate any of to
benefits provided for such Participant udder this Plan.
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5.11 1,111 I)RAWAL OF NtANDATO1tY CONI7t1L'UTIONS
Should a Participant elect to withdraw his mandatory contributions,
as required in Part VII of the Adoption Agreement, but continue in
the service of the Employer, the following shall apply:
A) If a Participant's nonforfeitable interest in the Accrues;
Pension Benefit derived from contributions made to this Plan
by the Employer is fifty percent (50%) or more, such Accrued
Benefit shall not be forfeited if the Participant wit,dra;:s
any or all of the contributions as required in Part VII of
the Adoption Agreement.
B) If a Participant's nonforfeitable percentage in his Accrued
Benefit derived from contributions made to this Plan by the
Employer under Part VII of the Adoption Agreement is less
than fifty percent (50%) such Accrued Benefit shall be for-
feited if the Participant withdraws any or all of the con-
tributions required of him under Part VII of the Adoption
Agreement.
C) The Accrued Benefit derived from contributions made to this
Plan by the Employer which is forfeited under this Section
shall be reinstated if the Participant recontributes the
full amount of the previously withdrawn mandatory contribu-
tions plus interest at the rate of five percent (5%) or
such other rate as may be required from time to time under
regulations in effect as of the date of such repayment,
compounded annually from the date of withdrawal of the man-
datory contributions to the date of repayment of such con-
tributions.
ARTICLE VI
• DEATH BENEFITS
6.01 DEATH BENEFITS PRIOR TO NORMAL RETIRFIIENNT
The Death Benefits payable to the Beneficiary or Beneficiaries of a
Participant who dies before his Normal Retirement Date shall be as
provided in Part VI of the Adoption Agreement. Such amount shall be
paid from the proceeds of life insurance in
the Plan, if any. Any balance in excess of
paid from the Trust Fund. In addition, any
rollovers shall also be paid to the Benefic
force on his life under
such proceeds shall be
amounts attributable to
iary. If the Participant's
death occurs after separation from service, tiie amount of any death
benefit will be determined by the manner of distribution selectc'i.
LL'1Tli BLNEFI1' 1',11ILE ON POSTPOM:D ]tETIRE':1
The Death Benefit payable to the Beneficiary or Beneficiaries of a
Participant who dies while on Postponed Retirement, but whose retire-
ment benefit has not yet commenced shall be an amount equal to the
Present Value of such Postponed Retirement Benefit calculated as of
the first day of the month coincident with or next following such
Participant's date of death. Such amount shall be paid first from
the proceeds of any life insurance in force on his life under the Plan.
Any balance in excess of such proceeds shall be payable from the Trust
fFATH 1'r1TT.F P.FrFTVTA:(- nTCA RT7 TTY T1,'rnr'
In the event of the death of a Participant while he is receiving disa-
bility payments from the Trust Fund pursuant to the provisions of
Section 5.05 before the end of the period for :which payments were .o
have been made, such payments will be continued to the Beneficiary
until the end of such period; provided, however, the Plan Administra-
tor, in his sole discretion, shall have the right to commute the re -
maiming payments in accordance with the provisions of Section 8.04 and
have such co,i1iuted value paid in one sum.
RT(HT in TIFSTrNATF RFLTFFTr TADTrC
Each Participant shall have the right to designate his Beneficiary and
he may from time to time change his Beneficiary. He may also select
any method of settlement available under the Plan for the payment of
any amount due a Beneficiary by giving written notice to the Trustee-
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6.05 FAILURE TO DESIGNATE BENI:FICIA1tIJ..'
If a Participant shall fail to designate a Beneficiary as provided
above, the benefits under this Article, at the sole discretion Of
the Administrator, may be paid to the following in order named:
1) Spouse,
2) Children,
3) Parents,
4) Brothers and Sisters,
5) Nephews and Nieces, and
6) the Legal Representative of such Participant or former
Participant for his estate.
This provision shall not be binding on any Insurer unless agreed upon
in writing by such Insurer.
6.06 PROCEDURE UPON DEATH OF PARTICIP.T
Upon the death of a Participant, the Plan Administrator shall to :e
\.. action to have the policy proceeds and any proceeds due from: the
Trust Fund paid to the Participant's Beneficiary, or in accordance
with Section 6.05 above.
ARTICLE VII
POLICIES
7.01 AMOUNT OF INSURANCE
The death and disability benefits of this Plan shall be provided in
part by life insurance policies on the lives of Insured Participants
as provided in Part II of the Adoption Agreement.
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7.04
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7.05
7.06
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PUIc(.I IASI: OF POLIOHT
On the effective date and each anniversary date, the Trustee sisal'.
apply to the Insurer for amounts of insurance necessary to previd_
such face amount of insurance. All insurance shall be issued on the
effective date or on the first anniversary date coincident with or
next following a Participant's entry into the Plan.
TYPE OF POLICY
The insurance policy or policies shall be Grcup Yearly Renewable
Term Insurance.
POLICIES TO BE Oi5NED BY TRUSTEE
The Trustee shall be the owner of the
incidents of ownership and shall have
options and privileges of an absolute
change the Beneficiary, but shall exe
as directed by the Insured.
POLICIES NON tRANSFERABLE
policies; it shall have all the
the power to exercise to rights,
owner, including the rigt t:
rcise this latter power erdy
Each Policy shall contain a nontransferability provision to the effect
that it may not be sold, assigned, discounted or pledged as collateral
for a loan or as security for the performance of an obligation or for
any other purpose to any Person except that a policy may be converted
on termination of employment in accordance with the provisions of
such Group Insurance Contract.
MINERUM r1MDU,NTS
No application shall be made for any policy on the life of a Partici-
pant, either on his entry date or on any subsequent anniversary date,
unless it meets the Insurer's minimum issue practices then in effect.
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7.07 n1w1C1; IU:QUIR13UiN1:S
(c( Life insurance policies shall not be purchased for a Participant until
the anniversary following his fulfillment of the requirements set
forth in Part II of the Adoption Agreement.
7.08 NO ADDITIONAL INSURANCE AFTER CERTAIN AGE
No additional life insurance policies shall be purchased on the life
of a Participant who is over the maximum age specified in Part II of
the Adoption Agreement.
7.09 COOPERATION REQUIRED FOR INSURANCE.
All rights to insured benefits under this Plan are contingent on the
Participant's cooperation with the Trustee and the Plan Administrator
in procuring the insurance, including but not limited to providing
the insurance carrier with all the required information needed to
underwrite the application; and until such cooperation is given by
the Participant, there can be no insured benefits on his behalf.
less such cooperation in securing insurance is obtained within ninety
(90) days after notice to him of his eligibility, no insurance will
be issued prior to the next anniversary date at which time it .;ill be
issued (if insurable) at the Participant's then attained insurance
age, if he then cooperates in securing same.
ARTICLE VIII
PAYMENT OF BENEFITS
8.01 NOR'V.L RETIRE% ENT BEi€FIT
The normal form of retirement benefit is that which is provided in
Section 5.01 herein and in Part IV of the Adoption Agreement.
8.02 OPTIONAL FORM OF BENEFIT
Any Participant eligible to receive a Normal or Early Retirement
20
I
Benefit may, in accordance with Section 8.03 herein, elect to receiv
such benefit under the normal form described in Section 5.01 herein:
and in Part IV of the Adoption Agreement or to receive such retirement
benefit under one of the options contained in Section 8.04 herein. If
any Participant who has an eligible spouse fails to make such an
election, it will be assumed that option A herein was elected with
his eligible spouse as contingent annuitant, and, if he does not have
an eligible spouse, that he elected the moral fern. The amo.:rt of
the benefit shall be the Actuarial Equivalent of the retirement bene-
fit otherwise payable.
8.03 ELECTION OF OPTIONAL FORM OF BE\'EFIT
L
Not less than nine (9) months before the Participant attains Early
Retirement Age, as provided in Part III of the Adoption Agreement,
the Plan Administrator shall provide to the Participant a retiree -:t
application form, which shall describe in plain language the terns
and conditions of the optional forms of benefit and which shall pro-
vide for the Participant to indicate his benefit cormencement date,
the election of the normal form or an optional form of benefit, a -.d
his Beneficiary or the contingent annuitant. The completed retirement
application form should be returned to the Plan Administrator not
later than ninety (90) days prior to the Participant's benefit cc^:ence-
ment date. If the Participant files another retirement application
form after the earlier form and prior to his benefit cermencesent date,
the earlier form shall be deemed annulled.
Any Participant with an eligible spouse who is eligible to retire and
receive an Early or Normal Retirement Benefit shall be eligible at
any time prior to his benefit commencement date to file a retirement
21
4.
application form with the flan Administrator which shall have thr
effect of an election of option A under Section 8.04 should the Par-
ticipant die before his -benefit commencement date. Should the Parti-
cipant elect a Qualified Joint and Survivor Annuity prior to Normal
Retirement Date, the increased cost, if any, of having provided such
Qualified Joint and Survivorship benefits shall be taken into account
by reducing the Participant's retirement benefit under the Plan in an
equitable manner consistent with generally accepted actuarial princi-
ples applied on a consistent basis. In the event of such election,
the amount of the Survivor Annuity shall be the greater of:
a) SO% of the annuity which would have been payable assuming
the election had been made prior to his retirement and his
retirement had occurred on the date immediately preceding
the date of his death and within the period within which
an election can be made, or
b) the death benefit as provided under Part VI of the Adop-
tion Agreement.
For purposes of this Section (8.03) and Section 2.39 herein;
a) Benefit Commencement Date means the first day of the month
coincident with or next following the date the Participant
becomes eligible to receive such a benefit under the Plan.
b) Eligible Spouse means the lawful spouse of the Participant
as of the benefit commencement date, or as of the earlier
date of death of the Participant.
8.04 ALTERNATIVE OPTIONS
All or any part of any amount due a Participant or a Beneficiary here-
under may be payable under one or more of the following options:
OPTION A: Qualified Joint and Survivor Annuity - As defined
in Section 2.39 herein.
OPTION B: Life Annuity - Equal monthly installments for as
long as the Participant shall live.
OPTION C: Installments for a Fixed Period and Life Thereafter --
Equal monthly installments for a specified number of
years (which may be for 5, 10, 15 or 20 years), and
22
for as long thereafter as the Participant shall lies.
O111JO.N D: Installments of a Specified Amount - A specified amount
to be paid in monthly, quarterly, semi-annual or annual
installments until the sum retained under this option,
together with interest earned on the unpaid balance
each year, is exhausted.
OPTION E: Installments for a Specified Period - Approximately
equal annual, semi-annual, quarterly or monthly in-
stallments for a specified number of years.
OPTION F: Cash Settlement - The Present Value of the benefits
set forth herein in a lu. p sic:.
OPTION G: Other Methods of Settlement - Such other method of
payment not prohibited by the terms of this Plan or
by the Code as amended by the Act which the Plan Ad-
ministrator shall deem to be a reasonable method of
payment.
In all cases in which installment payments are to be made, they may
be made from the Trust Fund. Interest at a rate not less than that
being used by the Actuary in determining the valuation of the Plan
shall be included on the unpaid balance. Notwithstanding anything to
the contrary herein, the Trustee, pursuant to Instructions from the
Plan Administrator, shall have the right to pay the canted value of
any unpaid installments which may be due under Option D. Option E or
Option G above.
Such corm ted value shall be calculated using the same rate of inter-
est used in computing the amount of such payments. In lieu of making
any payments due from the Trust Fund, the Trustee, pursuant to
instructions from the Plan Administrator, shall have the right to pro-
vide the Participant or Beneficiary an annuity or other contract
issued by an Insurer in full satisfaction of the amount due the Par-
ticipant from the Fund. No option may be selected, however, wach
will give less than fifty percent (500) of the Present Value of the
C
8.05
8.06
8.07
total payments to the Participant
In no event shall any method of
distribution exceed the period of the life of the Participant or the
lives of the Participant and his spouse or that would be payable over
a period certain longer than the life expectancy of the Participant
or the Joint Life and Last Survivor expectancy of the Participant and
his spouse.
ULTIMATE DECISION TO BE MADE BY TFE PLAN ADMINISTRATOR
The Participant may exercise his right to select an option by notify-
ing the Plan Administrator in writing of his election; provided, how-
ever, that any and all ultimate decisions shall be made by the Plan
Administrator except the right to select the Qualified Joint and Sur-
vivor Annuity.
EFFECT OF EARLY DEATH ON SELECTION
Such election (Sec. 8.04 above) shall not be effective if the Parti-
cipant dies within two (2) years after making such election, unless:
a) the Participant's death results from accidental causes,
b) failure to give effect to the election would deprive the
Participant's survivor of a survivor annuity, and
c) such election or revocation is made before such accident
occurred.
START OF PAYMENTS
Unless the Participant elects otherwise, the payment of any benefits
due under this Plan to the Participant shall begin not later than the
sixtieth (60th) day after the latest of the close in the Plan Year in
which --
a) the
date
on which the
Participant attains the earlier of
age
65 or
the Normal
Retirement Age,
b) occurs the tenth (10th) anniversary of the year in which
the Participant commenced participation in the Plan, or
24
1 0
c) the Participant terminates his service with the Lmnloye-.
ARTICLE IX
VESTING
9.01 1 u fl I `AT I ON OF D1PLOY ME T
In the event employment of the Participant with the Employer is term-
inated under circumstances other than death, disability or retire-.ent,
the Participant's rights shall be as provided in Sections 9.02 and
9.03.
9.02 DdPLOYEE CONTRIBUTIONS
The Participant shall have a nonforfeitable right to the Accrued Ben-
efit derived from his own contributions, if any, and the amount of
such Accrued Benefit shall be determined in the manner set forth in
Section 10.01 herein. Each Participant shall also have a fully
vested interest at all times in any amounts resulting from his volun-
tary contributions, rollover contributions or Predecessor Plan Assets.
9.03 E TLOYER CONTRIBUTIONS
A Participant shall have a nonforfeitable right to a percentage of
the Accrued Benefit derived from contributions made to this Plan by
the Employer. The amount of such percentage shall be as provided in
9.04
Part V of the Adoption Agreement
The amount of such Accrued Bene-
fit shall be determined in the manner set forth in Section 10.01 herein.
PAY`•\T OF ACCRUED BENEFIT
Payment of the Accrued Benefit, if any, determined under this Arti-
cle, shall be as follows:
A) The Present Value of the Participant's Accrued Benefit
attributable to Employee contributions shall be paid to
him in cash unless he should elect otherwise in writing.
B) Payment of the Participant's Accrued benefit attributable
to Employer contributions shall begin at his Normal It
tirement Age. Notwithstanding anything contained herein
to the contrary, if Part V of the Adoption Agreement pro-
vides for a lump sum payment of the vested interest in
the Present Value of a Participant's Accrued Benefit such
lump sum payment may be made in lieu of the foregoing.
C) If this Plan provides for the payment of an Early Retire-
ment Benefit, any Participant who has satisfied the ser-
vice requirements for such Early Retirement Benefit prior
to termination of employment under the conditions of this
Article shall be entitled to have paid to him a monthly
benefit coriurencing at the Participant's Early Retirement
Date which is the Actuarial Equivalent of his Accrued Ben-
efit.
D) In the event a Participant's vested interest in the Pres-
ent Value of all nonforfeitable rights attributable to
Employer contributions is equal to or less than $1750.00
payment thereof shall be paid in cash.
9.05 RE -HIRED PARTICIPA,\*I
Upon the rehiring of a terminated Participant who has received his
full nonforfeitable benefit at the time of termination, he shall
again be a Participant but his Accrued Benefit prior to termination
will not be restored unless he elects to and does repay the a.:.oz.m,t
so received with interest at 5% compounded annually. Benefits to
which he may subsequently be entitled shall be reduced by allowance
for any benefits previously received and not repaid. This provision
shall be uniformly applied to all Participants.
9.06 EFFECT OF BREAK IN SERVICE
If a Participant does not have a nonforfeitable benefit in any por-
tion of his Accrued Pension Benefit derived from contributions ride
to this Plan by the Employer, years of service prior to a Break in
Service (as defined in Section 2.11) shall be taken into account in
determining the years of service in Section 9.03, and Part V of the
Adoption Agreement, unless the number of Breaks in Service equals or
7A
exceeds the aggregate nwil)er of years of service prior to the Brea}
or Breaks in Service, in which event all service prior to the breal.
or Breaks in Service may be disregarded.
9.07 CONVERSION OF INSURANCE POLICIES
Any terminated Participant shall have the right to convert any or
all insurance policies on his life in accordance with the provisions
of the Group Insurance Contract issued hereunder.
9.03 J F;\'ES OF ABSENCE
A Leave of Absence authorized by the Employer shall be subject to the
following conditions and all Employees in like circumstances shall be
treated in like manner:
A) A leave of absence authorized by the Employer shall not be
construed as a termination of employment, unless the Fmolovee
should fail to return at the end of the period of such leave.
B) Any Participant who enters the active service of the Arne.-
( Forces of the United States shall be pres.un,ed to be on author-
ized leave of absence, while his employr^,ent rights are pro-
tected by law.
C) The Employer shall notify the Administrator of any authorized
leave of absence.
U) Any period of authorized leave of absence shall be considered
as continuous employment.
9.09 GJANGE IN VESTING SCHEDULE
If the vesting schedule of this Plan is amended at any tine, any Par-
ticipant who has completed at least five years of service with the Em-
ployer may elect to have the nonforfeitable percentage of his Accrued
Benefit determined without regard to such amendment. Such election
is irrevocable and must be made during the period beginning on the
date the amendment is adopted and ending sixty (60) days after the
later of:
77 Y
a) the date the amendment is adopted,
b) the day the amendment becomes effective, or
c) the day the Participant is issued written notice of the
amendment.
This election is only available to an individual who is a Participant
at the time the election is made. The Participant shall be considered
to have completed the required five years of service if he does se
prior to the end of the election period.
ARTICLE X
ACCRUED PENSION BENEFIT
10.01 CO'dPUTATION OF ACCRUED BENEFIT
(A) IN GE4ERAL - The amount of a Participant's Accrued Benefit
shall be his Anticipated Normal Retirement Benefit multi-
plied by a fraction, not exceeding 1, the numerator of
which is the total number of his years of participation
in the Plan as of the determination date and the dencnina-
tor of which is the total number of years he would have
participated in the Plan if he separated from service at
the Normal Retirement Age.
(B) AMOUNT ATTRIBUTABLE TO EMPLOYER CONTRIBUTIONS - The a:.ount
of Accrued ene it attributable to Employer contributions
shall be the amount computed under (A) above, less the
Accrued Benefit attributable to Employee contributions as
computed under (C) following.
(C) AMOUNT' ATTRIBUTABLE TO EMPLOYEE CONTRIBUTIONS - The Accrued
Benefit attributable to the Participant's own contributions,
if any, shall be computed as follows:
i) Step One - Accumulate the total contributions made
by the Participant to the Plan after the date he
became a Participant to the effective date of this
amendment with interest, if any, at the rate pro-
vided in the Plan prior to the effective date of
this amendment.
ii) Step Two - Accumulate the amount as determined in
Step One and any contributions made to the Plan
by the Participant from the date of this amendment
to the Participant's Normal Retirement Date with
7R
ft
interest compounded annually at the rate of five
C percent (56); or at such other rate as may be pr's -
scribed by the Secretary of the Ircasury or his
delegate.
iii) Step Three - Determine the amount of annual income
at Normal Retirement Age attributable to the Parti-
cipant's own contributions by multiplying the re-
sults of Step Two by ten percent (10%) for a straight
life annuity or such other Conversion Factor as shall
be prescribed by the Secretary of the Treasun- or
his delegate, and further adjusted by the appropriate
Act,.;:rial Adiustment factor or factors also prescribed
by the Secretary of the Treasury or his delegate to
convert such benefit to the Normal Retirement Benefit
described in Section 5.01.
The Accrued Benefit attributable to the Participant's own contribu-
tions to the Plan is nonforfeitable and if it is more than the
amount of Accrued Benefit as computed under (A) above, exclusive of
interest, the difference must be paid by the Ermloyer.
C
ARTICLE XI
CL&RIS PROCEDURES
11.01 FILING OF CLAIMS
A Participant or Beneficiary or the Employer acting in his behalf,
shall notify the Plan Administrator of a claim for benefits u: -der
the Plan. Such requests may be in any form acceptable to the Plan
Administrator and shall set forth the basis of such claim and shall
authorize the administrator to conduct such examinations as may be
necessary to determine the validity of the claim and to take such
steps as may be necessary to facilitate the payment of any benefit
to which the Participant or Beneficiary may be entitled under the
terms of the Plan.
b
11.02 PPOCLDURE ON DENIA1, UP CLAPV1
rCWhenever a claim for benefits by any Participant or Beneficiary has
been denied, a writt,
be understood by the
the specific reasons
an appeal and review
11.03 REVIEW OF DECISION
:n notice, prepared
Participant, must
for the denial and
of the decision by
in a manner calculated to
De provided, setting forth
explaining the procedure for
the Plan Administrator.
Every Participant or Beneficiary whose claim for benefits has been
denied shall be given an opportunity for a full and fair review of
the decision by the Employer. A Participant or Beneficiary shall be
entitled, either in his own name or in conjunction with any other
interested parties, to bring such actions in law or to undertake such
administration or to seek such relief as may be necessary or appro-
priate to compel this disclosure of any required information, to
enforce or protect his rights, to recover present benefits due to air.
or to clarify his rights to future benefits under the Plan.
ARTICLE XII
PAYMENT OF CONTRIBUTIONS
12.01 COST OF PLAN
The cost of the Plan shall be financed by contributions made to the
Trust from time to time by the Employer or by joint contributions
made to the Trust from time to time by the Employer and E-oloyees as
provided in Part VII of the Adoption Agreement.
12.02 APPLICATION OF EMPLOYEE'S COXIRIBUPION
Contributions, when required of E, loyees, shall be applied by the
Trustees as provided in Part VII of the Adoption Agreement.
C 12.03 ROLLOVER`;
With the permission of the Plan Administrator and without regard tr.
any aforementioned limit, the Plan may receive any amounts therefore
received by a Participant from a qualified plan, either directly
within sixty (60) days after such receipt, or through the r..e iL.c=
an Individual Retirement Account, provided that such Account ccr._ai-s
no assets other than those attributable to Employer contributions
under qualified plans.
12.04 PREDECESSOR PLAN ASSETS
Pursuant to Instructions from the Plan Administrator, the Trustee ray
receive and invest the assets of any Predecessor Plan as leng as each
Participant would (if the Plan terminated) receive a benefit ec. 1 to
or greater than the benefit he would have been entitled to receive
before the receipt of the assets of the Predecessor Plan.
12.05 ALLOCATION OF FORFEITURES
All Forfeitures shall be retained until after a Break in Service has
occurred as to the terminated Participant and shall then be applied
to reduce Employer contributions.
ARTICLE XIII
TRUST FUND
13.01 DEFINITION
The Employer agrees to contribute to a fund which shall be set up
for the purpose of providing such scans of money as may be required
to provide retirement and other benefits hereunder. Such
31
e
fwid shall be called t lie "1 rust Fund''. The method of caleulatir;,
the sum of money to be deposited periodically to this fund shall Le
as provided in Section 13.0.'.
13.02 DETEIU4INATION U: AMOUNT EACf1 YEAR
The Actuary shall determine the amount necessary to be deposited an-
nually, which will produce a total amount on the Normal Retirement
Date of the Participant sufficient to provide the Normal Retirement
Benefit as called for under the terms of Article V. The calculations
required to determine such installments shall be made in accord with
accepted actuarial principles and may include such amounts as may be
required to pay expenses incurred pursuant to the terms hereof.'
13.03 VALUATION OF ASSETS
The method used for valuation of Plan Assets in calculating contri-
butions to this Plan shall be a reasonable actuarial method of val-
uation which takes into account fair market value of all assets held
in the Trust.
13.04 IR'IMESTiIT'T POLICY
This Plan has been established for the sole purpose of providing ben-
efits to the Participants and their Beneficiaries. In determining
the investments hereunder, the Trustee shall take account of the
advice provided by the Plan Administrator as to a funding policy and
the short and long range needs of the Plan based on the evident and
probable requirements of the Plan as to the time benefits shall be
payable and the requirements therefore.
13.05 INVESPME?iT MEDIA
Benefits for Participants may be provided through any investment media
offered by the Insurer, or through the purchase of shares in any reou-
z�
I
lated Investment Company as defined in Scction 851(a) of the lntcn i
Revenue Code, or through investment in any co:n:ron trust fwd of a::y
ban', or trust company, or through any investment proper and appropriate
to be made by the Trustees in accordance with Section 15.05 or ti -sough
any combination of such investments.
ARTICLE XI's
14.01 INSURER NOT PARTY TO AGREE."C'1T
The Insurer is not a party to this agreement, and has no responsibil-
ity for its validity and no Person at any tine may make the Insurer a
party thereto.
14.02 RESPONSIBILITY OF INSURER
The responsibilities of the Insurer shall be limited to the tern of
its policies. All modification, alterations or changes in this agree-
nent shall be made 'oiown to the Insurer in writing.
14.03 RELLAN'CE ON TRUSTEE
The Insurer shall deal with the Trustee as sole oyr er of the policies
issued under this Trust. The Insurer shall be fully protected in
relying on the statements of the Trustee, provided sane are in writing.
14.03 NOTICE IN CASE OF TERMINATION
The Insurer may expect this Trust to continue as is, with the need
Trustee, until notified othen,rise in writing at its here office.
b
* • 1
ARTICLE NV
C AD'MINISTRATIO,N-I'LVJ A181INIS'1'HATU:'
15.01 PLAN ADPIINISTRATOR
The Employer shall designate the Person to serve as Plan Administra-
tor. The Person so designated shall signify in writing his accep-
tance of this responsibility.
15.02 DUTIES OF PLAN ADIdINISTRATOP.
The
Plan Administrator shall be responsible for the follo:+ng:
a)
Application
of
rules determining eligibility for parti-
cipation;
b)
Calculation
of
service and compensation credits for bene-
fits;
c)
Preparation
of
Employee communications material;
d)
Maintenance
of
Participant's service and employment recor=s;
e) Preparation of reports required by gove—rctent agencies;
f) Calculation of benefits;
g) Orientation of new Participants and advising Participants
of their rights and options under the Plan;
h) Collection of contributions and application of contribu-
tions as provided in the Plan;
i) Preparation of reports concerning a Participant's benefits;
j) Processing of claims;
k) Making recommendations to others for decisions with respect
to Plan Administration;
1) The Plan Administrator shall notify the Trustees in event
of a Participant's:
(i)
eligibility,
(ii)
death,
(iii)
disability,
(iv)
retirement, or
(v)
termination
C-
34
In) 7hc Plan Administrator shall also a:iploy as Actuary rc:-
quired to achninister the flan according to legal recuin:
mcnts.
15.03 DELEGATION OF RESJ'O;:SIEILITILS
The Plan Administrator may engage agents to assist him in carrying
out his functions hereunder.
If there is an Administrative Committee, its members are eressl'•
authorized to allocate Fiduciary responsibilities, other than Trustee
responsibilities, to named Persons or parties, provided such alloca-
tions or delegation is evidenced in a signed written document, which
must be retained with the other Plan documents.
The Plan Administrator may appoint, in writing, an Investr..ent •tana-
ger and delegate to him the authority to manage, acquire, invest or.
dispose of all or any part of the Trust Assets. With regard to the
assets entrusted to his care, the Investment Manager shall provide
L•.Titten instructions and directions to the Trustee who in turn s:_II
be entitled to rely upon such written direction.
15.04 DECISIONS OF PLAN ADMINISTRATOR FINU
Any determination by the Plan Administrator as to the amounts of or
eligibility for benefits of any Participant shall be final and con-
clusive on all Persons and parties whomsoever to the fullest extent
permitted by law.
15.05 FUNDING PCLICY
The Administrator shall develop a funding policy which shall consi-
der the short and long range needs of the Plan for liquidity and in-
vestment growth, based on the evident and probable requirements of
the Plan as to the time benefits are likely to become payable. Such
funding policy shall be coicated to the Trustee who shall take
the same into account in making investments hereunder.
15.06 Gi.7i!LAL Ai1INIS'17U1'P1U.:
The
Administration shall
give the 'Trustee
a list of
Participants as
of
the Adoption Date of
the Plan showing
their names
and such other
information as is necessary for the Trustees to carry out its duties.
The Administrator shall bring the list and information up to date as
of each subsequent Plan Anniversary. The Trustee shall hold the
GTOUD Yearly Renewable Term. Insurance Contract and invests ent nun_
under the Trust in accordance with Instruction from the Administrator
or his duly authorized representative.
15.07 EXPENSES AND CaWPENS.ATION
The expenses necessary to administer the Plan shall be borne by the
Employer, including but not limited to those involved in retaining
necessary professional assistance from an attorney, an accountant,
an actuary or an investment advisor. The Employer shall furnish
the Plan Administrator with such clerical and other assistance as
is necessary in the performance of its duties. Nothing shall 'prevent
the Plan Administrator from receiving reasonable compensation for
services rendered in administering this Plan provided the Plan .,.d-in-
istrator is not a full-time Employee of any Employer creating this
Plan. Notwithstanding the foregoing, any such expenses not paid by
the Employer may, upon authorization by the Plan Administrator, be
paid by the Trustee.
15.08 RESIGNATION AND RB1OV.AL
The Plan Administrator nay resign at any time by delivering to the
Employer a written notice of resignation, to take effect at a date
specified therein, which shall not be less than thirty (30) days after
the delivery thereof, unless such notice shall be waived.
36
.
I
'fhe Plan Administrator may be removed with or without cause by ti:
Lmployer by delivery of written notice of removal, to take effect at
a date specified therein, which shall be not less than thirty (3G;
days after delivery thereof, unless such notice shall be waive::.
The Employer upon receipt of or giving notice of the resignation or
removal of the Plan Administrator, shall promptly designate a succes-
sor Plan Administrator who must signify acceptance of this position
in iriting. In the event no successor is appointed, the Board of
Directors of the Employer will function as the Administrative Cormittee
until a new Plan Administrator has been appointed and has accepted
such appointment.
15-09 INFORMATION FROM RIPLOYER
To enable the Plan Administrator to perform his functions, the Er -..-
plover shall supply full and timely information to the Plan A` ini-
strator on all matters relating to the compensation of all Partici-
pants, their regular emplo):rent, retirement, death, disability or
termination of employment, and such other pertinent facts as the Plan
Administrator may require; and the Plan Administrator shall advise
the Trustee of such of the foregoing facts as may be pertinent to the
Trustee's duties under the Plan. The Administrator is entitled to
rely on such information as is supplied by the Employer and shall sve
no duty or responsibility to verify such information.
15.10 AP'4INISTRATIVE COh?1ITTEE
In the event that more than one Person has been duly nominated to serve
on t Administrative Committee and each has signified in writing the
acceptance of such designation, such Committee shall act by a ,:acrity
of its members at the time in office and such action nay be taken by a
37
vote at a meeting or in writing without a meeting.
15.11 CIU\NGES IN PLAN AI)MINISTRATO1t AU1110RIiY
If a new Plan Administrator is appointed in accordance with Section
15.01 above, no party which has previously had dealings with the Plan
Administrator shall be chargeable with knowledge of such appointment
or such change until furnished with notice thereof at its principal
office. Until such notice is given, such party shall be fully pro-
tected in relying on any action taken or signature presented ::}ich
would have been proper in accordance with that information previously
received.
1S.12 INVESTh1ENT M4,NAGER
k'hen an Investment Manager has been appointed pursuant to Section
15.03, he is required to acknowledge in writing that he has under-
taken a Fiduciary responsibility with respect to this Plan.
CIn order to serve as an Investment Manager, a Person must qualify as:
a) A registered investment adviser under the Investment Adviser
Act of 1940, or
b) A bank, as defined in that Act, or
c) An insurance company duly authorized to perform such services
under the laws of more than one state, or
d) In any other manner determined by any Regulations issued
pursuant to authority granted by law.
ARTICLE XVI
AMEND B T AND DISCONTINUANCE OF THE PLAN
16.01 CONDITIONS OF AMENDh4ENT
The Employer by action of its Board of Directors, may amend this
Plan at any time, provided, however:
38
aj 7Yiat no amendment shall have a retroactive effect so as tr,
deprive any Participant of any vested or nonvested inter
est in contributions previously made except that no anenc;-
rents made to conform to the Internal Revenue Code or any
other Federal or State statute, regulations or official
ruling, shall be considered prejudicial to the Partici-
pants, and
b) That no amendment shall ever cause any part of the Trust
to revert to the Employer, and provided further
c) That no
amendment will
violate
the restrictions,
if appli-
cable,
as set forth
in
Article
XVIII.
15.0'_ C0\71N'JA\CE : OT A D1,TTER 0; CON,TRkCT
The Employer expects to continue contributions to the Trust indefin-
itely; however, such continuance is not assumed as a contractual ob-
ligation.
16.03 RIGHT TO TERMINATE RESERVED
The Employer reserves the right to terminate this Trust at any tir.:e,
( subject to provisions set out herein.
16.01 INVOLUNTARY TL MINATION BY Ei 1PLOYER
This Plan and Trust shall terminate if the Employer shall be dissolved,
declared banlaupt, or upon its merger with another corporation, ex-
cept that any successor in business may continue the Plan and Trust
by assuming its liabilities and obligations.
16.05 VESTING ON TERMINATION
In the event of complete discontinuance of contributions, termination
or partial termination of the Plan, the Present Value of the Accrued
Pension Benefit of such Participant shall be nonforfeitable and his
policies and other interests shall be distributed by the Trustee, sub-
ject however, to the restrictions imposed by Section 18.01. If the
Plan is terminated following suspension of contributions, the Errployee's
right in the Plan shall become fully vested as set forth herein as of
the time of suspension of contributions to the Trust.
16.00 RIGIII 'ID SUSPEND CO\"FRhL'UTION'S RL'SEItV)
The Employer may also suspend contributions to the Trust, in which
case the Trustee shall continue to hold each Participant's account
in the Trust, and the Trustee shall take such action on the policies
as the Administrator shall direct.
16.07 REVERSION OF TRUST PRINCIPAL OR INCOME
In no event shall any of the Trust principal or income be used for
any purposes other than the exclusive benefit of the Participants or
their Beneficiaries, prior to the satisfaction of all liabilities to
such Participants and their Beneficiaries. It shall be impossible
for any alteration or amendment made pursuant to the provisions of
this Plan to cause any of the Trust principal or income to be used
for any purpose other than the exclusive benefit of Participants and
their Beneficiaries.
16.08 ALLOCATION OF ASSETS IN EVENT OF TERMINATION
In the case of the termination of the Plan, the Plan Administrator
shall allocate the assets of the Plan (available to provide benefits)
among the Participants and Beneficiaries of the Plan in the following
order:
1) First, to that portion of each individual's Accrued Bene-
fit which is derived from the Participant's mandatory
contributions.
2) Second, in the case of benefits payable as an annuity ---
a) in the case of the benefit of a Participant or
Beneficiary which was in pay status as of the be-
ginning of the three-year period ending on the
termination date of the Plan, to each such bene-
fit, based on the provisions of the Plan (as in
effect during the five-year period ending on such
date) under which such benefit would be the least.
I,) in the case of a Participant's or Leneficiarv':.
benefit (other than a benefit described in subpara-
graph (a) which would have been in pay status a,,
of the beginning of such three-year period if the
Participant has retired prior to the beginning of
the three-year period and if his benefits had com-
menced (in the normal form of annuity under the
Plan) as of the beginning of such period, to each
such benefit based on the provisions of the Plan
(as in effect during the five-year period ending
on such date) under which such benefit would be
the least.
For purpose of subparagraph (a) above, the lowest benefit
in pay status during a three-year period shall be consi-
dered the benefit in pay status for such period.
3) Third, to all other nonforfeitable benefits under the Plan.
4) Fourth, to all other benefits under the Plan.
5) Fifth, any residual assets of this Plan may be distributed
to the Employer, if:
a) all liabilities of the Plan to Participants and their
Beneficiaries have been satisfied, and
b) the distribution does not contravene any provisions
of law.
16.09 NOTICES IN EVENT OF TERMhATIG':
In the event of termination, the Plan Administrator shall notify the
District Director of the Internal Revenue Service of such termination
or posposed termination as well as the Trustee and the Insurer.
16.10 MERGER CR CONSOLIDATION OF PLANS
In the event:
1) there is a merger or consolidation of this Plan with another
Plan, or
2) there is a transfer of the assets or liabilities of this
Plan to any other Plan.
Then each Participant under the Plan will be entitled to receive a
benefit ediately after such merger, consolidation or transfer which
f j 1
is equa:I to or greater than the benefit he would have been entitled to
C
C
17.01
17.02
receive irrsnediately before such merger, consolidation or transfer if
this Plan had then been terminated.
ARTICLE XVII
TRUST
TRUST AGRES4EI\'T
In order to implement the Plan, the Employer has entered into one or
more agreements of Trust to the end that such funds as may be contri-
buted from time to time for the payment of all or any part of the
benefits under the Plan shall be segregated from the Employer's oi,n
assets and held in trust by the Trustee for the exclusive benefit of
the Participants or their Beneficiaries under the Plan who nay, in
accordance with the terms of the Plan and such agreements of Trust,
be entitled to participation thereunder. The Employer may pay any
contributions required by the Plan and the Adoption Agreement,
directly to the Insurer or its authorized agent, and such payment
shall be deemed to be payment to the Trust and a prompt disbursement
by the Trustee to the Insurer.
TRUST FUND
It shall be impossible under any circumstances at any time prior to
the satisfaction of all liabilities with respect to Participants a: -.d
their Beneficiaries for any part of the corpus or income of the Trust
Fund to be used for or diverted to purposes other than the exclusive
benefit of the Participants of the Plan and their Beneficiaries.
42
ARTICLE XVI II
MISCELLANEOUS PROVISION')
18.01 L1M11A77ONS ON DISTRIBUTIONS AS REQUIRED BY REG. 1.40-4(c) (2)
Notwithstanding any provisions in this Agreer..ent to the contrary,
benefits shall be limited by this Section as follows:
a) The limitations of Section 18.01 shall apply only during the
first ten years beyond the effective date of this Trust, or
until full current costs have been met, whichever is later.
b) The limitations of Section 18.01 shall apply only in the event:
1) the Plan is terminated, or
2) the current costs of the Plan shall not be met.
The payment of retirement and death benefits shall
not be restricted while the Plan is in full effect
and current costs shall have been net.
c) The limitations of Section 18.01 shall apply only to those
of the twenty five highest paid Employees as of the effective
date of this Trust whose Anticipated Yearly Retirement
Benefits purchased by the Employer contributions exceed fif-
teen hundred dollars. ($1,SOO)
d) The benefit payable to any such Participant or his Beneficiary
as purchased by Employer contributions shall be limited to
that purchased by the greater of:
1) Employer contributions which would have been made
for the Employee's benefit if the Plan had not been
amended.
2) twenty thousand dollars ($20,000), or
3) the sl.r% of Employer contributions to be applied for
the Employee's benefit under the previous Plan if
it terminated on the day before the effective date
of the amendment and an amount computed by multi-
plying the number of years for which the current
costs of the Plan after that date are met by the
smaller of:
i} twenty percent (20%)
or
ii) ten thousand dollars
of his annual compensation,
($10,000)
43
I. :
In the event of termination of the crust within ten year:.
after its effective date, all excess benefits resultin,,
from the restrictions described iii subsection (d) shall be
divided among the Participants not affected by such restric-
tions as follows:
In the same proportion as the value of each
such Participant's interest in the Conversion
Fund attributable to the Employer's contribu-
tions bears to the total of all such Partici-
pant's interests in the Fund.
e) So long as the full current costs of the Plan have been met,
benefits that become payable before the tenth anniversary of
the effective date of the Plan to a member or former member
who would be affected by. paragraph D if the Plan were termi-
nated, may be paid in full to the extent they do not exceed
the level amounts of annuity provided by the standard form
of retirement benefit. Any balance of the benefit shall be
paid only if subject to an agreement by the distributee to
refund any excess of the amount paid over the amount permit-
ted by paragraph D if the Plan is terminated before the
tenth anniversary of such effective date, or if the full
current costs for such portion of the ten year period follow-
ing such effective date, as has elapsed are not paid and if
such repayment is secured by deposit in escrow under agreement
C with the Trustee of property having a market value of one
hundred twenty-five percent (1250) of such excess with a
further agreement by the distributee to maintain the value
of the escrow at not less than one hundred ten percent (1101)
of such excess. In the event a Plan is amended so as to
increase substantially the extent of possible discrimination
as to contributions and as to benefits actually payable in
event of the subsequent termination of the Plan or the subse-
quent discontinuance of contributions thereunder, then the
provisions of this paragraph D shall be applied as if the
amendment constituted a new Plan on the date of such amend-
ment.
18.02 PLAN NOT A CONTRACT OF D; IPLOYISE'TI
This Plan does not constitute a contract of employment, nor does it
amend any such contract.
18.03 AMBIGUITIES OR OT ER UNCERTAINTIES
In the event of ambiguities or other uncertainties in this Plan, the
Plan Administrator after securing legal advice shall make a decision.
Written notice of such decisions shall be given to the appropriate
Persons, [lie Trustee may make rul iris;:; and decide questions arisiru
.r under the Trust.
18.04 SLP;JtA.BILITY OF PARTS
If any provision of this Plan is invalid or unenforceable, this shal]
not affect any other provision of the Ilan.
18.05 NECESSARY ACTS
All parties claiming an interest in the Plan agree to perform all
acts necessary in the execution of the Plan.
18.06 ALIENATION OR ASSIG?'' E?NT
No Participant shall have the right to alienate or assign benefits
provided under this Trust, except as provided herein.
18.07 LAW APPLICABLE
This agreement and the Trust hereby created shall be construed, regu-
lated and administered under the laws of the state in which the Adop-
tion Agreement is signed, and the Trustee shall be liable to account
only in the courts of that State or the District Courts of the United
States. All contributions received by the Trustee hereunder shall be
deemed to have been received in said state.
1.
1f
SPLIT FUNDED DEFINED BENEFIT
MUNICIPAL TRUST AGREaTHF
SIPLOYEES OF
THE CITY OF FAYETTEVILLE-
FAYEIIEVILLE, ARKANSAS
TABLE OF COL'tENCS
INFRODUCTIOS
Page
T-1
ARTICLE
I
DEFINITION OF TERbtS
Page
T-1
ARTICLE
II
POWERS AND DUTIES OF THE TRUSTEE
Page
T-2
ARTICLE
III
TENURE AND EXPENSES OF THE TRUSTEE
Page
T-6
ARTICLE
IV
ADMINISTRATION $ DISTRIBU'T'ION OF THE TRUST FUND
Page
T-7
�TICLE
V
CERTAIN POWERS OF TT -2 TRUSTEE
Page
T-8
ARTICLE
VI
SPENDTHRIFT PROVISION
Page
T-13
ARTICLE
VII
AMENmMIENT AND TER.MMIMATION
Page
T-13
ARTICLE
VIII
EFFECTIVE DATE AND SINS OF TRUST
Page
T-15
1.
. 5 '
TRUST AGREG1D;r
C (Defined Benefit)
This agreement, by and between the Employer named in the attached
Adoption Agreement (hereinafter called the "Employer") and the Trustee or
Trustees who are signatory to such Plan (hereinafter called the "Trustee")
WITNESSETH:
WHEREAS, the Employer has adopted a Defined Benefit Retirement Plan
(hereinafter called the `Plan"), a copy of which is attached hereto and
which, as amended from time to time, is incorporated herein by reference;
m
WHEREAS, under the Plan, funds will be contributed to the Trustee,
which funds will constitute a Trust Fund to be held for the benefit of Par-
ticipants under the Plan and their Beneficiaries;
CNOW, THEREFORE, the Employer and Trustee do hereby declare and agree
as follows:
ARTICLE I
DEFINITION OF TER`•LS
1.1 GENERAL
Unless the context of this agreement clearly indicates otherwise, the
terms defined in the Plan shall, when used herein, have the same mean-
ing as in the Plan.
1.2 INSTRUCTION
As used herein, the word "Instruction" or "Instructions" shall mean
only written direction, notice, authorization or other written infor-
mation directed to the Trustee by the Administrator or his duly author-
ized representative.
T-1
1.3 QUALIFYING SE.CURI'I'III-;
(, "Qualifying Securities" means a Security issued by the Employer, or
by an affiliate of the Employer.
1.4 EMPLOYER REAL ESTATE
"Employer Real Estate" means real property (and related personal
property) which is leased to the Employer or to an affiliate of the
Employer.
1.5 RRF TABLE OBLIGATION
"Marketable Obligation" means a bond, debenture, note, certificate
or other evidence of indebtedness.
ARTICLE II
POWERS AND DUTIES OF THE TRUSTEE
2.1 COcIRIBUTIONS AND TITLE TO TRUST PROPERTY
CAll funds and contracts received by the Trustee pursuant to the
terms of this Agreement shall be held by the Trustee in trust for
the uses and purposes herein set forth. The Trustee shall be re-
sponsible only for such funds or contracts as shall be received by
it as Trustee. The Trustee shall be under no duty to collect any
contribution the Employer has obligated itself to make to the Trust
or any contribution which any Participant has agreed to make to the
Trust. The Trustee shall, further, be under no duty to determine
that any contribution which it receives is in compliance with any
obligation to contribute made by the Employer or any Participant.
Legal title to property (including contracts) of this Trust shall
be vested in the Trustee.
2.2 RELIANCE ON INSTRUCTION
Except as othengise noted in this agreement, the Trustee shall act
T-2
O
CT
2.3
2.4
upon Instruction from the Administrator or his duly authorized rep-
resentative. The Trustee shall make payment only to such persons,
in such manner, at such time and in such amounts as shall be speci-
fied in an Instruction, and the Trustee shall be fully protected in
making a payment pursuant to Instruction. Any Instruction delivered
to the Trustee may be accepted by the Trustee as accurately stating
the facts involved, correctly interpreting the provisions of the
Plan and correctly directing any actions to be taken by the Trustee.
No Trustee shall be liable for any act or failure to act if such
action or failure to act was in good faith, and an honest effort to
carry out the purpose and intent of this agreement. Under no circum-
stances, however, shall any Trustee, Officer, Director or member of
any Board or other body of authority representing the Employer, or
any member of the Administrative Coranittee, if any, be relieved of
liability for proven negligence, willful misconduct or bad faith.
TRUSTEE DISCRETION
The Trustee may request Instruction or clarification of Instruction
from the Administrator and may delay acting pursuant to Instruction
until clarification requested is received. If it is impossible for
the Administrator to furnish Instruction or if the Administrator,
after the Trustee requests Instruction, fails to furnish Instruction,
the Trustee may take such action to carry out the provisions of the
Plan as it shall deem proper.
E•fPLOYMENT OF LEGAL COUNSEL
The Trustee may consult with its own legal counsel or with the Em-
ployer's legal counsel with respect to determining its obligations
or duties hereunder and shall be fully protected in acting or failing
T-3
C
I
_.J
2.6
2.7
C'
to take action pursuant to the advice of such counsel. Should the
Trustee believe itself to be under a duty to institute suit or main-
tain any litigation, it shall inform the Employer of such fact and
the Employer covenants that it will contract with the Trustee to pay
such fees, cost disbursements, and all other expenses and liabilities
to which the Trustee is found to be subject by such action on its
part.
I"=u^??!ATION FRQN EPLOYER
The Trustee may inspect the books and records of the Employer or Ad-
ministrator to determine any facts necessary to enable it to perform
its duties, or the Trustee may rely on any statement of the Employer
or Administrator. However, the Trustee shall be under no duty to
determine whether a person has satisfied the eligibility requirements
to be a Participant, or to determine whether a Participant is eligi-
ble for benefits or the amount of benefits to which a Participant or
his Beneficiary or heirs or estate may be entitled.
L DIITATIONS ON INDIVIDUAL TRUSTEE
If there shall be more than one Trustee, the Trustees shall act through
a majority but may meet informally or take action without meeting as a
group. No Trustee who is a Participant under this agreement shall
take any action in connection with or arising out of his participation
as an individual. Any action required in connection with the partici-
pation of such Trustee shall be taken by another Trustee, or by the
Administrator.
ANNUAL ACCOU\TING
The Trustee shall render to the Employer an annual accounting on the
basis of the Trust's established annual accounting period, or on a
T-4
n
calendar year basis in the absence of an established annual account -
.C
ing period showing receipts, disbursements, the charges and credits
made and the total fair market value of the Trust Fund under the
Employer's Plan. The Employer's approval of the Trustee's account-
ing will be assumed at the end of ninety (90) days after receipt by
the Employer unless the Trustee is notified otherwise. As of each
Plan Anniversary, a schedule shall be prepared by the Administrator
(or other party to whom he has delegated this duty), listing the Par-
ticipants and former and retired Participants who have made voluntary
contributions, if any, showing the value of their respective volun-
tary contribution accounts.
2.8 BOOKS AND RECORDS
The records and books of account relating to the Trust Fund shall be
open at all reasonable tines for inspection by the Employer or Admin-
istrator, or by any Person designated in writing by either, or any
Person or party to which such records are required to be opened to
implement the provisions of the Internal Revenue Service.
2.9 RETURNS
The Trustee shall file all returns, reports and information required
of the Trust by law. The Trustee shall cooperate with all Persons and
parties whomsoever to enable such Person or party to prepare reports
and information as required by the Internal Revenue Service.
2.10 RESPONSIBILITY OF TRUSTEE
The Trustee shall not be responsible for the validity or tax-exempt
status of this Trust Agreement under any law, or for the qualifications
of the Plan including any amendment thereto under any law or for the
a
validity of any contract, or for the act of any Person which may
Crender any contract unenforceable either in whole or in part. The
Trustee shall be under no duty to determine that any contract issued
to it pursuant to an Instruction is in compliance with the terms of
the Plan or the Adoption Agreement.
ARTICLE III
TENG'RE AND EXPENSES OF TIE TRUSTEE
3.1 TENURE OF TRUSTEE
Each Trustee shall serve until death, resignation or removal. The
•
Employer may accept the resignation of a Trustee or remove any Trus-
tee for cause or no cause by giving at least sixty (60) days prior
written notice. The Employer shall then appoint a successor Trustee.
In the event that any Trustee shall die, resign or be removed, the
Cremaining Trustees, if any, shall have full power and authority to
act until a successor has been appointed.
3.2 EXPENSES OF TRUSTEE
The Trustee shall be paid such reasonable compensation as shall from
time to time be agreed upon by the Employer and the Trustee. The Em-
ployer agrees to pay such reasonable expenses of the Trustee incurred
as a result of the performance of its functions and duties as Trustee
hereunder, including reasonable legal expenses. The Trustee shall
have a lien on the Trust Funds for such compensation and expenses
until paid by the Employer. The Employer shall pay all Federal or
State taxes of any kind chargeable against the Trustee. If the Em-
ployer fails to pay such taxes the Trustee may withdraw amounts needed
to pay them from the Trust Fund, but the Employer must reimburse the
Trustee therefor.
ARTICLE IV
AL7.•IINISTRATION AND DISTRIBUTION OF TIE TRUST MINI)
4.1
4.2
4.3
4.4
GENEP1L ADMINISTRATION
The Administrator shall give the Trustee a list of Participants as of
the Adoption Date of the Plan showing their names and such other in-
formation as is necessary for the Trustee to carry out its duties.
The Administrator shall bring the list and information up to date as
of each subsequent Plan Anniversary. The Trustee shall deal with all
contracts and investment funds held under the Trust in accordance with
Instruction from the Administrator or his duly authorized representative.
CESSATION OF PARTICIPATION
If an individual ceases to be a Participant under the Plan, the Trustee
shall dispose of or continue to hold pursuant to Instruction any por-
tion of the Trust Fund and any contracts providing insurance or an-
nuity benefits for the Participant or his Beneficiary.
SPECIAL PLAN ACCOUNT
The Trustee shall maintain a "Special Plan Account" for the deposit
of all funds paid to it by the Employer to meet contributions for
contracts, new ones to be applied for, taxes, if any, and expenses
of administration. Under no circumstances shall the Employer have
any rights in or to such Special Plan Account. The Employer Pay,
however, with the concurrence of the Trustee, pay any contributions
required by the Plan and the Adoption Agreement directly to the in-
surer, and such payment shall be deemed to be payment to the Special
Plan Account and a prompt disbursement by the Trustee to the Insurer.
TER1IIXkTION OF PLAN
If the Plan terminates, in whole or in part, the Trustee shall deal
with or dispose of the Trust Fund and the Participants' contracts
pursuant to Instructions which are in accord with the Plan.
4.5 NON -REVERSION
The Trust Fund shall not be
other than the exclusive be
Beneficiaries as prescribed
thereof shall revert to the
and Section 7.2 hereof.
4.6 FUNDING POLICY
used for or diverted to any purposes
refit of Participants hereunder or their
by Section 401 of the Code, and no part
Employer, except as provided in the Plan
The Administrator shall develop a funding policy which shall consider
the short and long range needs of the Plan for liquidity and invest-
ment growth, based on the evident and probable requirements of the
Plan as to the time benefits are likely to become payable. Such fund-
ing policy shall be communicated to the Trustee who shall take the
same into account in making investments hereunder.
ARTICLE V
CERTAIN POWERS OF THE TRUSTEE
5.1 POV,ERS AND AUTHORITY OF TRUSTEE
Subject to the provisions of Section 5.4, the Trustee shall have the
following powers and authority with respect to the Trust:
a) taking into account the funding policy communicated to it by
the Administrator to implement Section 4.6, to invest or re-
invest in any property which in its opinion is a prudent in-
vestment for the Trust (as later described in Section 5.2);
provided that it may, to the extent it considers necessary
or advisable, hold any portion of the Trust Fund in bank de-
posits insured by the United States Government, in cash or
in such other types of investments as shall be selected by
it, without liability for interest, pending investment or
parent of expenses or benefits;
T-8
b) to retain, manage, improve, repair, operate and control any
assets of the Trust Fund;
c) to sell, convey, transfer, exchange, partition, grant options
with respect to, lease for any term (even though such terms
extend beyond the duration of this Trust Fund or commerce in
the future), mortgage, pledge or otherwise deal with or dis-
pose of any asset of the Trust Fund in such manner (including
public or private sale, where applicable), for such consid-
eration and upon such terms and conditions as the Trustee, in
its discretion, shall determine;
d) to vote either in person or by general or limited proxy or to
refrain from voting any corporate stock or other securities
for any purpose;
e) to deposit any securities with or under the direction of any
committee formed to protect said securities and participate
in, consent to or carry out any re -organization, consolida-
tion, merger, liquidation, readjustment of the financial
structure, or sale of assets of any corporation or other or-
ganization, and to exercise conversion and subscription
rights, and hold any property received pursuant to any such
transaction as assets of the Trust Fund;
f) if a corporation, to keep any securities or other property
( in the name of some other person, partnership or corporation,
as its nominee, or in its own name without disclosure in any
case of its fiduciary capacity;
g) to pay, compromise or abandon any claim or other matter dir-
ectly or indirectly affecting the Trust;
h) where the Trustee has not invested in qualifying securities
or Employer Real Property of the Employer (as defined in
Sections 1.4 and 1.5) before July 1, 1974, to invest in
qualifying securities of the Employer provided that imme-
diately after such acquisition, the market value of such
qualifying securities of the Employer does not exceed ten
percent (10%) of the market value of the assets of the Trust
Fund. (For 'Marketable Obligations' of the Employer, see
Section 5.3);
i) if a bank is serving as Trustee hereunder, to commingle
part or all of the assets of the Trust in any group trust
maintained by the bank as Trustee, whether now existing or
hereafter created, for the collective investment of funds
held under employees' pension or profit-sharing plans or
trusts which are qualified within the meaning of and exempt
from tax under the revenue laws of the United States, and
the provisions of any such group trust are made a part of
this Plan;
C
j) to invest in the shares of any regulated investment company
or companies in accordance with instructions given by the
Administrator, who, in giving any such Instructions, shall
take into account the rule of prudence set out in Section
5.2 as if it were the Trustee;
k) provided the Trustee is a Named Fiduciary, to enter into
an agreement with any bank, trust company or other Fiduciary
as an Investment Manager, to hold, manage and invest the
Trust Fund or any part thereof, it being understood that the
Trustee shall not be liable for any loss occasioned by any
such Investment Manager selected by it, provided that the
Trustee has used prudence in making the selection, and that
any such Investment `tanager shall be obligated to follow the
rule of prudence set out in Section 5.2;
1) to employ agents of any kind, nature and description, and
delegate to them such ministerial and limited discretionary
duties as the Trustee sees fit, and to that end, to execute
such contracts, doctm!ents, instruments or other papers as
may be requested by any such agent to whom such duties have
been delegated;
m) to purchase Group Term Insurance or Annuity Contracts from
the Insurer or to invest in any investment fund provided by
C the Insurer; provided that if the Trustee is a Named Fiduciary
and if the Trustee lodges funds with the Insurer to be invest-
ed in a separate account which does not provide for a guaran-
tee of principal or interest, then the Trustee may designate
the Insurer to be an Investment Manager with respect to the
funds so held; and provided further, that the Insurer shall
be obligated to follow the rule of prudence set out in Sec-
tion 5.2;
n) to execute, acknowledge and deliver all instruments it consi-
ders necessary or proper for any of the foregoing purposes,
and
o) to exercise any of the powers and rights of an individual
owner with respect to any property of the Trust Fund and to
do all other acts in its judgment necessary or desirable
for the proper administration of the Trust Fund although the
power to do such acts is not specifically set forth herein,
subject to the rules in Section 5.2.
No person dealing with the Trustee need see to the application of any
money paid or property delivered to or on the order of the Trustee or
inquire into its authority to enter into any transaction.
5.2 RULE OF PRUDENT INvES71.tEvr
In making investments hereunder, the Trustee shall conduct itself
T-1 f1
' t`
C
faithfully in the interest of the Participants and shall exercise
sound discretion. It shall discharge its duties with the care, skill,
prudence and diligence under the circumstances prevailing from time to
time that a prudent man acting in a like capacity and familiar with
such matters would use in the conduct of an enterprise of a like char-
acter with like aims. It shall cause the investments to be diversi-
fied so as to minimize the risk of large losses, unless under the cir-
cumstances it is clearly prudent not to do so.
5.3 MARKETABLE OBLIGATION'S OF THE B!PLOYER
The assets of the Trust may be invested in Marketable Obligations of
the Employer (Section 1.5) if;
A) Such obligation is acquired
i) on the market, either:
a) at the price of the obligation prevailing on a national
securities exchange which is registered with the Securi-
ties and Exchange Commission, or
b) if the obligation is not traded on a national securities
exchange, at a price not less favorable to the Trust
than the offering price for the obligation as established
by current bid and asked prices quoted by persons inde-
pendent of the issuer;
ii) from an underwriter, at a price:
a) not in excess of the public offering price for the obli-
gation as set forth in a prospectus or offering circular
filed with the Securities and Exchange Corrmiission, and
b) at which a substantial portion of the same issue is ac-
quired by persons independent of the issuer; or
iii) directly from the issuer, at a price not less favorable to
the Trust than the price currently paid for a substantial
portion of the same issue by persons independent of the same
issuer;
B) Immediately following acquisition of such obligation:
i) not more than twenty-five percent (25a) of the aggregate
.. .
amount
of obligations issued
in such issue
and
outstanding
at the
time of acquisition is
held by the
Trust,
and
ii) at least fifty percent (50%) of the aggregate amount re-
ferred to in (i), immediately above, is held by persons in-
dependent of the issuer; and
C) Immediately following acquisition of the obligation, not more
than twenty-five percent (25%) of the Trust's assets are invested
in obligations of the Employer or an affiliate of the Employer.
5.4 EMPLOYER'S RIGHTS OF INSTRUCTION
The Employer shall have
of the powers set forth
the right to direct the
to the extent not prohi
applicable to qualified
trusts. In the absence
the right to direct the Trustee as to how any
in Section 5.1 shall be exercised, including
Trustee as to the investment of the Trust Fund
cited by Section 503 of the Code or other laws
pension or profit-sharing plans and related
of any applicable Instruction, the Trustee
shall invest and reinvest the principal and income of the Trust Fund
and otherwise handle and deal with it and exercise the powers granted
to it as provided in Section 5.1, but no investment or reinvestment
of the Trust Fund shall otherwise be restricted to properties and sec-
urities authorized for investment by Trustees under any present or
future state law. However, the Employer shall, in directing invest-
ments, or in directing the Trustee as to how to exercise any of the
powers set forth in Section 5.1, be bound to follow the rule of pru-
dence set forth in Section 5.2 as fully and to the same extent as if
it were the Trustee. If the Employer gives the Trustee any direction
to implement Section 5.1(k) or (m), the Employer shall not be liable
for any loss occasioned by any party it has directed the Trustee to
enter into agreement with as an investment manager if the Employer
has used prudence in making such selection of such party.
T-i,
S rip w
Y 7' >
ARTICH: V I
c' SPENDTTQZIFT PROVISION
6.1 Benefits under the Plan shall not be subject to alienation, assign-
ment, pledge or encumbrance by any Participant or his Beneficiary,
nor shall the interest of any Participant or any Beneficiary under
the Plan be subject to levy or attachment by creditors.
ARTICLE VII
AMENDMENT AND TERMINATION
7.1 AMENIhMENT BY THE EMPLOYER
This Trust Agreement may be amended
Board of Directors, from time to tii
ment shall be made in contravention
ments to the Trust set forth in the
any amendment to the Trust shall be
limitations:
by the Employer, by action of its
ne, provided that no such amend -
of the rules for making amend -
Plan. Further, the making of
subject to the following further
a) Under no condition shall such amendment result in or permit the
return or repayment to the Employer of any cash or property held
or acquired by the Trustee under the Plan, or the return of such
assets, or result in or permit the distribution of any assets
for the benefit of anyone other than Participants of the Employer
or their Beneficiaries, except as provided in the Plan and in
Section 7.2 herein.
b) Such amendment shall not change the duties, responsibilities, or
liabilities of the Trustee without its consent.
c) Such amendment shall not change the duties, responsibilities, or
liabilities of the Insurer without its consent.
d) The amendment shall not be effective before the first to occur
of the following events:
i) the Trustee notifies the Employer of its agreement to the
amendment,
ii) the effective date of the Trustee's resignation, or
T-13
iii) ninety (90) days after the Employer delivers to the Trustee
instruction of the amendment.
7.2 PER'IANE.NCE CF TRUST
Nothing herein contained shall be construed as an undertaking or prom-
ise on the part of the Employer to continue this Trust in effect for
any specific length of time, although it is presently the Employer's
intention to make the Plan permanent. This Trust and the Plan have
beer. concurrently adopted upon the condition that the Trust shall be
exempt under Section 501(a) of the Code. Contributions to the Trust
(or the value thereof) made by the Employer shall not revert to the
Employer, except after the satisfaction of all fixed and contingent
liabilities after termination of the Plan, in which event reversion
to the Employer shall be made to the extent permitted by the Plan.
7.3 TERMINATION OF TRUST
This Trust shall continue in existence for the longest period permit-
ted by law, subject to the Em:ployer's right to terminate the Trust
upon giving timely notice in writing to the Trustee. This Trust shall
terminate after all interests of Participants and their Beneficiaries
have been distributed in accordance with the terms of the Plan. If
the Employer shall be dissolved, declared bankrupt or be merged into
or consolidated with another corporation, the Trust shall terminate,
subject to the rule in the preceding sentence, except that any suc-
cessor to substantially all of the business may continue the Plan and
Trust by appropriate corporate action. Any merger or consolidation
with, or transfer of assets to any other Plan shall be subject to
the rules pertaining to the same set forth in the Plan. Further, in
the event of a partial termination of the Plan, the assets of the
T-14
A . R
4 is _L
C
Trust applicable to the portion of the Plan that partially terminates
shall be handled, dealt with and disposed of as provided in the Plan.
7.4 DISTRIBUTION OF ASSETS
In the event of termination of the Plan, the interest of active, re-
tired and former Participants and their Beneficiaries on termination
of the Plan shall be distributed by the Trustee in accordance with
the rules in the Plan, subject to prior approval of appropriate govern-
mental agencies.
ARTICLE VIII
EFFECTIVE DATE AND SINS OF TRUST
8.1 This Trust shall become effective on the Adoption Date of the Plan,
as specified in Part I of the Adoption Agreement.
8.2 This Trust Agreement shall be administered, construed and enforced
according to the laws of the state named in Part IX of the Adoption
Agreement.
T-ic
I
MICROFILMED
MORTON & COMPANY. INC.
•
/
NEE CIRCLE OFSECUR P.O. DRAWER 1667/FAYETTEVILLE, ARKANSAS 72701/TELEPHONE 601.521-4880
PENSION ACTUARIES, CONSULTANTS AND ADMINISTRATORS
I.
•
L�
December 29, 1977
District Director
Internal Revenue Service
Pension Trust Division
700 West Capitol
Little Rock, AR 72203
Re: City of Fayetteville Retirement Plan
Dear Sir:
In order to verify compliance with the "Notice to Interested Parties",
please stamp date of receipt of the above on this letter and return to
me using the stamped envelope enclosed for your convenience.
Sincerely,
MORTON & COMPANY, INC.
Ray E. Gorton
Administrative Coordinator
REG/jam
Enclosure
PAS/
R-; re ou & t Plaa/
12-2q- 07
C.
I 0
I
i
/N rMf CIRCLE OF SECURO
December 29, 1977
District Director
Internal Revenue Service
Pension Trust Division
700 West Capitol
Little Rock, AR 72203
MORTON & COMPANY, INC.
PENSION ACTUARIES, CONSULTANTS AND ADMINISTRATORS
P.O. DRAWER 1567/FAYETTEVILLE, ARKANSAS 72701 /TELEPHONE 601-521.4880
Re: City of Fayetteville Retirement Plan
Dear Sir:
Enclosed you will find the following:
Letter to District Director
Form 5300 (duplicate)
• Power of Attorney
Form 5302
Alert Guidelines
Notice to Interested Parties
Resolution of Adoption
Copy of Plan
Copy of Trust
Copy of Insurance Contract
Since the Plan's Vesting Schedule is less favorable than the "Four Forty" vest-
ing schedule as provided by Revenue Procedure (Rev. Proc.) 75-49, please make
a determination of the Plan without regard to its vesting provisions as per
Sec. 4.01 of Rev. Proc. 76-11.
If any additonal information is needed, please advise.
Thank you for your cooperation.
Yours Very Truly,
Ray E. Gorton
REG/jam
• Enclosures
tjPfl
• 1f•m• •;t, eLi, I
(n". Jun. f17.) I
Grgd*t'r d its b,rup
Inlrrrl p..ru. z. A.
•Church end crrcr
Please eomr cte I
t.
;'1•on for , n f-[ -�i !--
I,�i:J,IcnIIJ
Dcicr#.?ion for D fiii tl D n fit F(L0 •
Fir Pcna:n rizr.: Gll<r Thin fete f Pmd;z:c Plcns
(Under sec Ions431(a), 41!(J) :r.d 501(a) of 11,a Intern el Ftvcnu9 C'Ao)
This form is 0j)cn to Public Iflspaction
• Mn:.—All itches nc-d not txo eofnpL••ttd• Soc
"B. Vthal to File."
in on tins term. Ii an
1 (a) flame, address and ZIP code of employer
Name, ad5rc:s zed ZIP co:c of plan administrator, if other than employer
File in Dlfplir. '
I(if nt. U -c wily
Ca:e nunbcr P- ..........._.............,
I,tue d.la >..............._.._......_.—
aur s!zlu: ccda t�..........._.._.._.—
rile folder
number 1r
2 Employers identi'fi/c/ation number
r//- /gp/ -• fLrl/�
3 Business code number
..c
4 Date incomeralel er business commeacr3
5
year ends
(e)ri.4 rn in1t rators id:ntlfcnt:on nun5ar D 7/-(Q/- &'D_ Te)eptone nsm)er lr ($Q/ ) 5-.f- 77z
6 Datcrm)na:ion requested for '
(a) (I) ® la !al quzli?cation-4a:e pats aeoMed D..._.. _ 1.—...�li...._. (ID Amendment —date alep:ed a_........._...__..._-.-.—
(ii.) It (i) is ch_:1:ed, e Gee folder nuntet('-.._... __.... ---_.....__.......-...._...................._....... ..._......_.........._......_......._... .-_
(b) Wcre empleyecs who are in:eres:ed parties given the required ne:Ification of the fling of this application? . ® Yes 13 Ya
(c) If this application involves a meteor or consolidation v41h another plan, enter the employer identification numbers) arxf
the plan number(s) of such ether pan(s) D-
7 Type of entity: (a) DCorporalion (b) JSc5chzpkr $ celporation (c) El $,e proprietor (d) JPartnership
(e) Tax c;e.rpt orc¢a:ion (1) rj Church (g) ® Gevarnmsn:al o:criue)ion ..
(h) ❑ other (specify)'-
8 (a)
Name of Plan
(b)
Plan numb=r t>-..S24L....._ (c)
Plan year ends D_. 3
C
do
/e e a
(d)
(e)
Is this a Kccgh (H.R. 10) plan?
If "Yes," is an owner -employee
. . . . Yes y
in the plan? 'Yc 0?
:v
aA14
(a)
1/thisan ad ption of a master or prototype plan (other than
pattern plan, enter name of such plan
Keo;h) or a district approved
I
(5) L c!ter soda! :.u:rb:r
notification letter number
A//A
10 (a) Type of plan: (i) 0Fixed benefit
(b) Does plan provide for variab!a tancnts? Yes
(ii) Unit benefit (iii) O Flat benefit
If "Yes," check appropriate box to indicate type.
(iv) O Other (specify) )' .._._.—,-_--_
(r) O Cost of living (ii) Asset fluctuation
(iii) Other (specify) D &//A
11 Effective date of plan
I 12 Effective date of amendment
13 Date plan was communicated to employees D
,3 5Y
I— - 7
How communicated > ; c
n
14 (a) Indicate the general eligibility requirements for participation under the plan and indicate the
Se= -ion and
GZVZR.'iML'A
section and pale number of plan or trust where each provision is contained:
pas• number •
USE C:IIT
(1) fJAll enp!oytzs (v) LtrZih of servi-t (nunbzr of y:srs) ,......... -.._.
n) � Roury rte ernp'.cyee only (vi) t'iaimoa ep (s;eci J) D...,ci//1 :
3 •01 10
nil S:iitied enp:oyee only - (vii) f a;ir..an ere (spaci!y) >....G.tie.-....-.-.
/G Pt .II
(iv) ®'C:he! job c!zss (specify) D(/gf&c.CQt:P&.re (viii) ILiairrun pay (sp:tiey) >- ...............
'.
nr .nr..n or Co,l€t;re b.r eA in, n a.• ,e
e same by..
(b) Are the eligibiliy regeiremerdthe )uture'c r>pJoy` test, . . • ® Yes No
3 .01 10
If "No." explain ......------
/G Pt.II
----•---------
Does the this ® Yes No
2.15 3
(c) plan :ecoZraze service only with employer? . , • • • .
.
It "No," explain >
/G Pt.IV
15 Covera-e of :an at (dye date) b.._. --.-_.-.........._S . �--_..�_......._. _..--.._. _....—__
v F (..
.
Number
Enter here the number of s2:f.empta-yed individuals D ,//A
(a) Total e:nplcyed (if a Kec3h plan, include all self-employed individuals) . . .
(b) Exclusions under plan (do not count an employee more than once):
(I) Minimum eee or years of service required (specify) D..... 70
• (ii) Employce:s included in co!ectivz bnrLzln;ng . . • • - - • - • • . • • O
(iii) t1or.,csident aliens who re - ire no earned income from Unitcd states snu,ccs . n
Cof peen or bn,t er cl!, r dncumrnt eensm tu5nr. the plan.
bole, -.:n of rr•ieq, I d:dr. tart I tart c,n.ne7 this .;; ill: a,, ir.drl:rd .cr:,nr:nf ,tatcrc,b. All t. IL, trt .1 t y hair::. and t:lld It is vie, c:e.t
t.! ecc.il,'y
Sixeeture r �,�'^' TWO 1. l �C'( /• ti%re c t e✓ Data D 3 -
( c70-575-279--1
(Section references oro�Illo Infernal Rcvenuo Code)
15 Ccvcrdc(continued):
(c) Total cxclurions, sunl of (b)(i) tlllOugh (iii) . . . . • • • • • •
(d) Fmoloyecs not excluded under the etatule, (a) lets (c) . . .
` (e) Inelicible under plan on account of (do not count 2n employee included In (b)):
(I) Minimum pay • • • • • • • • • • • • • • . • • • • • • • •
(ii) llourly-paid • . . • • . • • • • • • • • • • . • • .
. •
(iii) !12ximurn ace • . . . . . . . . . . .
(ii) G:Ilt (spciy3t)..._..._.__._._.._._._......._..._—_____..».._.._...._._...__.._......_.._.......
(I)
Employees inelicible. turn of (c)() through (iv) .
ft)
Employees cligiblo to participate, line (d) fees line (f) . . . • . . .
(h)
flumbtr of cmployccs p:rtkipaling in plan . • • . • . . • • .
. '.
..
()
Percent of norexcluded employces who are paricipating, (h) divi:l_i by (d) . .
J.Qrj
o G7 only if O is less than 70,o zn1 eo.:.plete (Y.) only if Q) is
Crnfitc %r 70%
.. ::':?,'?"
or more,
(j)
Percent of noncxcluded employees who arc eliciblo to p_rticip21e, (g) divided
by(d) . • . . • . . • . . .
/✓ A
. . • . . • • • • . • .
(k)
Percent of eligible employees who are participating, (h) divided by (g) . . . .
A
11 (1) end are less than 70% or k is less than E0% c instructions . . .
_ %__
7
(1)
Total number of participants, include certain retired and terminated employees,
see Instructions . . . . . . . • • . . • . . . •. I
r • . • 2
tF mbor G U:C u;c
t.:. •
'7O
90
n
917
S:ct:an and
pcce number
16 Emp!oye2 contributions: Yes No 12.01 3i
(a) Arc mandatory contributions limited to 6%. or less, of compensation? . • . 'X _ A/G Pt •VI7
(b) Are voluntary contributions limited to 10%, or less, of compensation for all 12.03 3i
qualified plans?. A/G Pt.VI]
(c) Are benefits unaffected by forfeitures? . . _ .. ___ _ 12.06 34
17 Employer contributions: j %�� i 12.01 3:
(a) 0Full amount % /y ;j;%. A/G Pt .VI]
(6) ® Emance nccssary :%4 ,t;4
• (t) Are employer contributions reduced by forfeitures? . . . . . . . • . �C 12.06 31
.T,/r/r• iii % i
18 Integration: //// 5.01 14
Is this plan integrated with Social Security or Railroad Retirement? . . : : . X A/G Pt. IV
If "Yes," sze instructions. F// €%;
19 Vesting —Chick the appropriate box to indicate the vesting provisions of the plan:
(a) fl Full end immediate 9.03 27
• (b) Q Full vesting after 10 years of service
(c) ® 5- to 15 -year vesting, i.e., 25°„r after 5 years of service, 5% additional for each of A/G Part V
- - - the next 5 years; then 10% additional for each of the next 5 years
(d) O Rule of 45 (see section 411(a)(2)(C))
(e) O For each year of employment, commencing with the 4th such year, vesting not less than
40% cfter 4 years of service, 5% additional for each of the next 2 years, and 30%
additional for each of the next 5 years
(f) O Other (specify and sc-c instructions) P
20 Administration: • - 13.01 34
(a) Type of funding entity. 17.01 45
(1) O Trust :. '. - . .
(i) O Custodial account
(if) r:on-trusteed - _ -,
(fv) ® Trust with insurance contracts
It you checked (1) or (ii), enter date executed ► //�_A_
(b) Enter name of trustee or custodian, if any pc I�RoY:IQNK�R
____.___.__...______._____________.____.____.—_--------------------------- Yes No
'l_•• (c) Dots trust agreement prohibit reversion of funds to the employer?. . . . 17 •02 4(
`` (d) If borrowing on insurance contracts is permitted, is it on a pro -rata basis? . /1/ A N/A
(e) I1 ruerto Rican trust, does it qualify for tax exemption under the laws of
Puerto Rico? 4'/t4 N/A
• ci p:an of Im•t of other document eonttitutlnt the plan.
e?P-575-:7"rt
firm S::J rs 701
• 71 Ccncl R and ri quircmcnls for bend
(z) Hcrrnal ntirc,nent rite is ►... :S.. State years of ecrvlco required ► ............
(b) Early retirement ago is Stale years of tervico rrquircd P .. �..Ir.....
(c) If employer's consent Is required for early retirement, are bonefds limiicd to
•vestt'd lnttrc'st? • • • . • . • • • • a • • • • •
(d) (i) D'.es the plan provide that the payment of benefits, unless the cmptoyre
Elects otiicrwiso, will comrncnce not later than the 60th day after the
latest of (1) the close of tile plan year in which the participant :,Itains
the earlier of age 65 or the normal retirement ate specified under the
plan, (2) the close of the plan year in which occurs the 10th anniversary
of the year in which part:cip ant commenced participation or (3) the
close of the plan year in which tire participant terminates his strike with
the employer? • • . . • . • • • • • • • . • . •
(I) D:es plan provide for payment of boner's if claim is not filed? . . . .
(c) Benefit at normal retirement aZe is D-.. .�r?. .._Z.Fj.N1L.AkgRq,¢ _._...
K.
(t) Eene6l at carly retirement age is
0 Normal form of retirement benefits is
(h) If plan provides for payment of annuity benefits, does the plzn provide a jcint
and survivor benefit unless participant c!ects otherwise?. . .
(I) If benefits are measured by years of service—
() Are the years of service for eligibility purposes included in credited service?
(1) Is only service as a common-law employee re:onized? . . .
(1) Are teneits computed on the basis of total compensation?
If 'No,'see instructions.
(I.) toes the p!aa p:c ida for determining an employee's accrued benefit?.
(1) If participants may withdraw their contributions or earnings; may such with-
drawal be made without fofciting vested benefits based on employer contri-
butions?. . . • . a • • • • a • . • . . . • • • • •
(m) If the plan defers compensation generated increases until compensation in-
creases sufsiciently, does plan previde for increases cf benefits of at least $10
per month? . • • • • . . .
(n) Is duplication of benefits upon to -entry into the plan prohibited?. a a
(o) Is there a disability benefit under the plan? . • . . .
(p) Does the plan provide for a death benefit, other than survivor annuity, before
retirement.!• . . . • . . . • . . • • • • • •
If "Yes," indicate whether such benefits are limited to
(0 100 times the monthly pension or the reserve, if larger.
(it) The actuarial equivalent of the benefits accrued to tho date of death.
(iii) ❑ Other explain >....... ..._........---- ---._..........................
.
(q) Does plan previle for maximum limitation under section 415? . . .
(r) In the ersz of a mer„er or consolidation with another p!an or traesfar of assets
or liabilitits to another pan, will c3ch participant be entitled to the same or
greater benefits as if the plan had terminated? . . . . . . • • a • a
(s) M.%s the pan prohibit the essignment or alienation of benefts? . . . . .
(t) D;!s the p:an pr:lud3 divestment for cause? . . • • • • • . . •
(u) D.cs plan prohibit d:stributien of benefits except for retirement, disability or
tcrr;n2tion of crrpto);-nent or, in case of owr.a:-emplayczs, after cte _
Tenrin;tion of plea or trust •
( (s) Is thcrz a provision in the plan for tcrmina:ing the plan and/or trust/
(b) Are the participants' rights to bene its under tho plan nonTorfeitable epon
termination or partial termination of tile plan? • . . • • • • . • a
(c) Has the early termination rule been included in the plan (see see5an 1.401-4
(c)(1) an,1 (7) of the Income Tax Regulations)? . • • •
(d) Ike the C rn benefits been increased since the plan's inceplbn?
•of plan or trcal or c:h;r dotumcnl corolilutint the Plan.
10
L..etlon and
HO Pip number•
4.01 . 12
A/C PtIII
5.04 13
8.07 26
1.01 31
5.01 12
/G Pt. IV
5.04 13
/G PtVIII
5.01 12
/G Pt•IV
8.'02_ 22
2.48 10
2.19 4
2.16 4
/C Pt.IV
0.01
5.11 16
5.02 12
9.05 28
5.05 14
/G Pt.VI
6.01 17
/C Pt•VIi
I'::. 3
COW Will; •T
(Pt OVLT
.4
X
5.06 14
16.10 45
18.06 48
No Such Pr
vision
X
_
fA
N/A
fA
N/A
16.03 42
16.05 42
)__
_18.01
46
N/A
{
rr•
Af
V.
23 1/.i:ceaancous: Yes
• • _ : /.r
ues No A e f'/. 1. c u. r
—
(c) Has ponce of attorney been submitted veilh the application (or prcv!oudy submitted)? .
(b) Ilava you complclr.d arid attached rorm 53021 X I
(c) Is the adopting employer a member of a controlled croup of corporations or under commonly
• cOntrolftd trader. or businesses? • • • • • • • • • ♦ • • • • • • • • •777 �_
It "Yes," see Instructions. ' /, i'!"-
(d) Is any issue relating to this plan or trust currently reading bcforo the Internal Revenue %yj�
Service, the Derartrnent of Labor, lira r cn:ion Benefit Guaranty Cory ration cr any Court?. • _�
It •'Ycs," attach explanation.
(t) Cthtr qualified plans —Enter for cn_h other qualifed plan you maintain (do not includo plans that were
established under union•negotictcd acrccmcnts that invoiced other crnploycrs): /(
k.
(r) Name of plan D......._.....__.—_._._. ... ._....._.........—...__..._..._.-..---•—• 4.- _____ --.—.-.._..--
(ir) Type of plan h......-_ ............... ................._._..__.._._......_..--___-.._......_......_._.____—._.........
(iii) Rate of cnmployer ccntr:butien, if rxed P..._.._.._. _... __......._._.........._....._.._.._.........
........._.
(iv) Eentfit formula or rnont`ty benefit D..._.._..._....._.—........ ...... .........
(v) Number of carti:ioants
Yes
24 In the case of a request on an initial qualification, have the following documents been included:
(a) Copies of all instruments constituting the plan or joinder agreement? . . . . . .
(b) Copies of trust indentures or group annuity contracts? . . 1 • . . • • . . • • .
(c) Evidence that retirement benefits for employees in 15(b)(ii) we;a the subject of good f2ith
bargaining behva^_n employee representatives and emp!oyer(s)—whcro that has occurred
and is the basis for excluding certain employees, ssection ee 410(b)(2)(A)? . . . . . .
(d) A detailed description of all methods, factors and assumptions used in determining costs or
acteal experience under the p!an (including any lozd:ng, contingency reserves, or special fac-
tors, and the basis of any insured costs or liabilities involved therein) explaining their source
and application in detail to permit ready analysis and verification? . . . . . .
C • 25 In the case of a request involving an amendment, after initial qualification, have the following docu• %% %' i%
I /r..�.i
ments been incfedcd: G
(a) A copy of the amendment(s)? . . .
(b) A description of the amendment covering the items changed and an explanation of the pro-
visions before and after the amendment? .
(t) A completely restated p!an? f•• —_ —_
(d) A waking copy of the plan in which there has been incorporated all of the previous amend-
ments representing the provisions of the p!.n as currently In effect? t . . . • • _ _
(e) Copies of all amendments adopted since the date o! the last determination letter for which no
determination letter has been issued by the internal Revenue Service? t . . . . . . . .
t If plan is being amended for the first time to conform to the participation and vesting standards of the Employee
Retirement Income Security Act of 1974, or if the pfan has teen amended at feast three times since the last
restated p!an wes submitted, one of the documents speci.':ed under (c) or (d) must bs aitached-
If any item in 24 or 25 is answered "Ito," picas` expizin.
a-
If more space is needed for any item, attach 2ddilion2l sheets of the same size.
I.•. ••nv.en ,u.v e,n,• • D. n3-nr C70-575-27¢7
rn •. /elf• .
1(•
Power of
2
Form 2848
(Rev. July 1976)
Department of the Trnavp
Internal Revenue Service
(See the separate Instructions
AtSney
for Forms 2848
and 2848—D.)
Name, identifying number, and address including ZIP code of taxpayer(s)
• City of Fayetteville
City Administration Bldg. ID# 71-601-8462
Fayetteville, AR 72701
hereby appoints (Name, address Including ZIP code, and telephone number of appointee(s)) (See Treasury Department Circular
No. 230 as amended (31 C.F.R. Part 10), Regulations Governing the Practice of Attorneys, Certified Public Accountants, and
Enrolled Agents before the Internal Revenue Service, for persons recognized to practice before the Internal Revenue Service.)
Morton & Company ATTN: J. William Cain
PO Drawer 1567
Fayetteville, AR 72701
Telephone: (501)521-4880
Executive Vice President
or
Ray E. Gorton
Administrative Coordinator
as attorneys) -in -fact to represent the taxpayer(s) before any office of the Internal Revenue Service for the following Internal
Revenue tax matters (specify the type(s) of tax and year(s) or period(s) (date of death if estate tax)):
All matters pertaining to the qualifying of the
City of Fayetteville Retirement Plan
The attorney(s)-in-fact (or either of them) are authorized, subject to revocation, to receive confidential information and to
perform on behalf of the taxpayer(s) the following acts for the above tax matters:
(Strike through any of the following which are not granted.)
Te-reeeaa, but net ierw_i-a _..a rr,IInrt rhprtte in payment nf any refund .'l 'tams' T'c�`^^�sr•• •ieor
TDaypri,t rnncante unding ct.turtn.y peried far asegeem T 11 .....^a teites.
e.
Te e authority yr tu utjuLute anuluer rtpI..tct;..
Other acts (specify)
Send copies of notices and other written communications addressed to the
taxpayer(s)
in proceedings
involving the above
matters to (Name, address including ZIP code, and telephone number):
and Morton & Company
PO Drawer 1567
Fayetteville, AR 72701
This power of attorney revokes- all earlier powers of attorney and tax information authorizations on file with the same Internal
Revenue Service office for the same matters and years or periods covered by this form, except the following:
--'-----------------------__------_--_ ____ __---_...... _..--------------------------------"---------•"----------------------------------•• ----..__..----•-"•
(Specify to whom granted, date, and address Including ZIP code, or refer to attached copies of earlier powen and aulhorital ions.)
Signature of or for taxpayer(s) '1
If signed by a corporate officer, partner, or fiduciary on behalf of the taxpayer, I certify that I have the authority to execute this
power of attorney on behalf of the taxpayer.
_"—•------------------- ----_.._.-__..__-----------------------------------_-------------------------------------------_---_-_----_-__-._.-'----•
(Signature) (Title. If applicable) (Date)
(The applicable portion of the back page must also be completed.) Form 2848 (Rev. 7-76)
Form 2848 (Rev. 7-76)
Page 2
If the power of attorney is granted to an attorney, certified public accountant, or enrolled agent, this declaration must be
•ompleted.
I declare that I am not currently under suspension or disbarment from practice before the Internal Revenue Service, that
I am aware of Treasury Department Circular No. 230 as amended (31 C.F.R. Part 10), Regulations Governing the Practice of
Attorneys, Certified Public Accountants, and Enrolled Agents before the Internal Revenue Service, and that:
I am a member in good standing of the bar of the highest court of the jurisdiction indicated below; or
I am duly qualified to practice as a certified public accountant in the jurisdiction indicated below; or.
I am enrolled as an agent pursuant to the requirements of Treasury Department Circular No. 230.
4
Designation
(Attorney. C.P.A.,
or Agent)
Jurisdiction
(State. etc.)
or Enrollment
Card Number
Signature
Date
I
If the power of attorney is granted to a person other than an attorney, certified public accountant, or enrolled agent, it must
be witnessed or notarized below. (See Treasury Department Circular No. 230 as amended (31 C.F.R. Part 10), Regulations
Governing the Practice of Attorneys, Certified Public Accountants, and Enrolled Agents before the Internal Revenue Service,
for persons recognized to practice before.the Internal Revenue Service.)
The person(s) signing as or for the taxpayer(s): (Check and complete one.)
❑ Is/are known to and signed in the presence of the two disinterested witnesses whose signatures appear here:
-------------------------------------------------- ___-
.1 (signature of witness) 1�Dat
—-- ---------- n --------- --- — -- —(Date)
—
(Si¢natuof Witneaz)
❑ appeared this day before a notary public and acknowledged this power of attorney as a voluntary act and deed.
_
I•)� . N , '. i"'..^..✓..,�. ^� i,�./,-ce — _ , NOTARIAL SEAL
(Signature of Notary) (Oat.) If required)
* U.S. GOVERNMENT PRINTING OFFICE : 1977 772-827
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LWVON arroi
• INA
Number 113
V•
1
November 22, 1976
SPECIAL SUPPLEMENT
L p/y/pLc is b/C'CFJ, /7./c EFPJPL01(E Ce,'
P. 17 VDlve✓TAk
Y
ALERT GUIDELINES PACKAGE f2 33 s,4/NrEcetirl•o„�
1. Minimum Participation Standards Worksheet
2. Minimum Vesting Standards Worksheet
3. Joint and Survivor Worksheet
4. Miscellaneous worksheet
5. Coverage and Discrimination Worksheet
6. IRS Manual Supplement On Technical Guidelines
for Analyzing Employee Plan Applications
Publiehcd
by
WE
GUICEAU
OF NATIONAL AFFAIRS, INC., W'ASFiINCTON,
D.C.
20037
Right
of npodaeuen end ndulnbmuon n.,rved
Alert Guidelines
S .
The attached package, gencrmly referred to as alert guidclincipis presently being
I by employee plans specialists in reviewing plans submitted to the Internal Revenue
service with applications for determination letters under sections 401 and 405 of the Code.
Alt gh this material indicates areas of concern to IRS and tentative responses to questions
ari g under the Employee Retirement Income Security Act of 1974, it does not deal with all
the issues that may be raised in connection with the qualification of a plan.
The statements contained in the package do not have the force of law, regulations,
venue Rulings or other IRS positions and none of the statements may be cited or relied upon
IRS employees or others as an IRS position, Also, these statements are subject to change
m time to time,
Worksheet No. 1
The technical principles contained herein may
Minimum Participation Standards
De changed by regulations or other guidelinei
issued
after the date of this worksheet
STRUCTIONS—All worksheet items must be completed. A "Yes" response
Name of Plan C'-ryy or FA'/ EYTEv1 L'C
erally indicates a favorable conclusion is warranted while a "No" generally
R', *iMta✓7 riAil
icates a problem exists. The specialist should explain any "No" response in the
ice provided on the worksheet. Please refer to Worksheet Explanation No. 1
guidance in the event of any questions concerning the application of this
Specialist's Initials/Date
rksheot.
The material relating to year of service and break in service does not consider
, Reviewer's Initials/Date -
effect of D.O.L. ERISA Technical Releases 2001, 2002, and 2003.
e and Service
Plan Reference
Yes
No
N/A
Oc the plan provide an age or service requirement (including an
3.01 P. 1O
by ! requirement) for participation?
1G 3t
,/
A PARr
Does the plan meet the minimum age and service requirements of
3.01 P. IC
coon 410(a)(1)?
✓
A/C PART R
Will a new employee, otherwise eligible, participate on the earlier of
e first r, y of the plan year after he has met the minimum age and serv-
1.0 t P. !O
require ants of section 410(a)(1), or 6 months after he has satisfied
ch requirements?
A/C PARr .7r
Defined Contribution Plans Only. —Are all employees, otherwise eligi-
covered regardless of maximum age? .,
___ _
Defined Benefit and Target Benefit Plans Only. -If the plan excludes
ployees (who are otherwise eligible) solely because they have attained
3.O I P. to
pecified age, is such maximum age not more than 5 years before the
n's normal retirement age?
A/G PARr 11
rnnn
.,vcc p-rul
Department of the Treasury —Internal Revenue Service
,
AIG ' Anopnon 4&nr— MENr
Li
PubUahvd
by
Tlltt DUULAU
OF NATIONAL AFFAIRS, INC., WASIIINGTON, D.C. 20037
RIrti
Of c,peducuoe a,d ndl%InUmr on nurv,d
D
11. Year of Service
Reference
Yes
No
N/A
a, Is the first computation period used to determine if the participant
has a year of service for eligibility purposes defined as a 12 consecutive•
Z w S I. iO
✓
'nth period, computed with reference to the employee's date of hire?
•
•
Is an hour of service defined in accordance with D.O.L. regulations?
z. Zb P•S
V
C. Is an employee required to complete no more than 1,000 hours of
service during the computation period to be credited with a year of serv-
2.4? / /0
V
ice?
d. If the plan uses an "equivalency test," does it credit all employees
with at least 1,000 hours of service?
✓
e. If the plan uses the plan year as the computation period to measure
years of service for purposes of eligibility after the first computation pe•
riod, does the first such plan year computation period include the first
I/
anniversary of the date of hire?
f. Where the employee meets the eligibility requirements of the plan,
does the plan use a vesting computation period to measure years of serv-
ice for purposes of eligibility which includes the last day of the eligibility
computation period in which the employee first completed the service re-
✓
quirement for participation in the plan?
g. Where the employer maintains the plan of a predecessor employer,
does the plan provide that service with a predecessor employer is
✓
counted as service with the employer?
M. Breaks in Service
•Is a "break in service" defined as a computation period during which
2 • 1 2. 10 3
v
employee fails to complete more than 500 hours of service?
b. Is the computation period for determining a break in service the same
as is used to compute a year of service for eligibility?
Z 12 P 3
c. In the case of an employee who has a vested benefit, does such em•
ployee participate immediately on his return to the employ of the cm-
9. 04 !p 2..
I/
ployer after a break in service?
d. In the case of an employee with no vested benefit, who sustains a
2g
break in service, where the number of years in which he incurred a break
1.0(0
in service are less than the number of years in which he attained a year
✓
of service, does he participate immediately upon his return to the employ
A /G PwRT-�
of the employer?
t„omrnents
PubUth.d by TIIE DU.^.LAU OF NATIONAL AFFAIRS, INC., HASIISNGTONI D.C. 20037
Rltl of rqn.S.cUon and ndlalneuUon na•,ved
Worsshcul No. 2A
i
tY nimum Vesting andards
The technical 'pies contained herein may
be changed bsl or
•uulations other guidelines
Defined Benefit Plans
issued after the date of this worksheet.
JCT IONS —All we'kshevt urns muss be eunq'Ictcd. A "Yes" response
Name of Plan C,7\ F^vfl-r
sent' idicates a favorable conclusion is warranted whdo a "No" generally
oe 7EV'4.L
RETIrtEMri N'/ Pa
:PCs•problcm exists. The specialist should explain any "No" response in the
-AN
su tied on the worksheet. Please refer to t7orksheet Explanation No.2A
- guidance in the event of any questions concerning the application of thusSpecialist's
Initials/Date
'rksheet.
The material relating to year of service and break in service does not consider
Reviewer's Initials/Date
e effect of D.O.L. E RISA Technical Releases 2001, 2002, and 2003. _
Years of Service
Plan Reference
Yes
No
N/A
Is a computation period for vesting purposes specified in the
'n?
'2 58 P/v
✓
Is "hour of service" defined in accordance with D.O.L. regs.?
2. 2(o /25
V
Is a participant required to complete no more than 1000 hours of
price during the computation period to be credited with a year of
z.4' P',O
✓
:vice?
If an "equivalency test" is used, is each employee credited with
-
00 hours of service per computation period?
✓
In any vesting computation period overlapping a participant's first
ar of employment, is credit given for a year of service for vesting •
-
rposes if, for participation purposes, such participant completes a
ar of service based on his employment year?
all years of service counted for vesting purposes except as
'7'03 P 2.7
Jvid !1411(a)(4)?
A/C P4RT 2
Are years of service with the employer before the participant
R.03 P• 2.7
lered the plan, including years of service with the employer in
V/
n -covered employment, counted for vesting purposes?
a4IG P4rerr
Are years of service with other members of a controlled group
corporations or with trades or buniness under common control
✓
onled for vesting purposes?
Where the employer maintains the plan of a predecessor employer,
es the plan provide that service with a predecessor employer is
✓
anted as service with the employer?
-
Does the definition of "break in service" satisfy the requirements
the
Z 12_ p. 3
regulations?
t/
Vesting on Separation From Service—
Mum n to Service Without Break in Service
9.03 P. 2-7
Does an employee continue to vest, starting at the point in the
A IG P4
sling schedule where he left employment, in both his pre -separation
r
d post -separation accruals?
Vesting on Return to Service After a
eak in Service
separates from service with a nonforfeitable
elc•Darticipanil
oes the plan require that upon reemployment his pro -break
A - /C / G YART _
rviee will be considered for purposes of determining his vested
.
crest in employer -derived benclit accruals after he has completed
'ear et service?
in 5624
rr..1c, ..
0
0
0
wvtxu\rrtlni uInc tFunsury - imernot rloveluo Service
PubUahed by THE BUREAU OF NATIONAL AFFAIRS. INC., WASHINGTON, D.C. 20037
b: If an employee who has no vestc rest, separates from service
r Relerence
Yes
No
N/A
and is rd -employed below the numbe consecutive one year breaks
in service equals or exceeds the number of years of service whether
9,010 P 28(
or not e3nsecuuve ("Rule of Parity"), does the plan require that upon
!-employment his pre -break service will be considered for purposes
A �G 1042T ir
c Hermining his vested interest in employer -derived benefit accruals
he has completed a year of service?
IV. Contributory Plans —Complete Only
If Plan Permits Employee Contributions
(Voluntary or Mandatory)
e. Is a forfeiture on account of withdrawal of employee contributions
precluded when the employee is at least 50% vested in his employer-
S / I r, 17
derived accrued benefits?
b. If a plan permits a forfeiture on account of withdrawal of manda-
tory employee contributions when an employee is less than. 50%
vested in employer -derived accrued benefits, does the plan provide
/n� P"• 17
for reinstatement of forfeited amounts on repayment of withdrawn
employee contributions plus interest?
✓
V. Cash -Outs
a. For purposes of determining an employee's right to employer-
,
✓
derived accrued benefits, does the plan not disregard years of service
OS l Z$
performed by the employee for which he received a cash -out? (If
the answer to this question is "Yes" DO NOT complete the remainder
of this section V)
b. In the case of an involuntary cash -out must the employee receive
P•
✓
i distribution of the present value of his entire nonforfeitable benefit
9,0 27
ved horn employer contributions?
c. In the case of an involuntary cash -out is the amount of employer-
9, oc P• 27
✓
derived distribution not in excess of St 750?
d. Are such distributions made due to the termination of the em-
, O I P. a.
✓
ployee s participation in the plan?
e. Is the value of the employee's accrued benefit restored upon
repayment to the plan by the employee of the full amount of the
9.05 P LI
distribution as provided by regulations?
I. Does the plan disregard service only with respect to which an
employee receives payment?
9•or P. Z?
VI. Vesting Schedule
a. At every point in time, does the plan's vesting schedule satisfy
9.03 #2.7
the fequirements of a particular one of the 3 minimum vesting sched-
/ D
�i PART
V
ules described in 411(a)(2)(A), (B), or (C)?
G
b. If a plan's vesting schedule is changed by a plan amendment,
9,0 s P 27
does the new vesting schedule satisfy any particular one of the 3
vesting schedules described in 411(a)(2)(A), (B), or (C) for all years
PART
of service?
VII. Accrued Benefits
Plans
•Insured
r3•o� 341
✓
1. Is the plan funded exclusively with insuranco contracts satisfying
the requirements of 412(i)? (If the answer to this question is "Yes,"
DO NOT eomploto sections c. and d. of this Worksheet1.
Published by
TII£ OUREAU
OF NATIONAL AFFAIRS, INC., WASHINGTON, D.C. 20037
For"' 5624
1G -?6l
RIQ.I
N ..r..m.uan end hdlunbullan ....rv.d
.
• uerleral
Plan Ri iCo
Yes
No
N.'q
Docthe plan provide neither a deacon benefit payments to a
�tticlpant (or b^nefeciary) receiving benefits, nor a decrease in a sep•
'd participant's rights to benefits, on account of an increase in
' 09 6
• Security benefits?
1 the plan not defer the accrual of benefits on behalf of an
mplo a beyond the completion of two continuous years of service?
IO' 01 p• 30
✓
.. 11 the plan defers accruals during a period of up to a participant's
rst two years of service does such participant retroactively accrue a
enefit for such period after the end of such period?
• Normal Retirement Benefit
Is the plan's accrued benefit at every time ascertainable?
10.O' P.30
V
Is the plan's normal retirement benefit, as specified in the plan,
qual to the greater of the plan's greatest early retirement benefit or
)e benefit at normal retirement age?
V
- Does the plan provide for an accrual computation period for
arposes of providing an accrued benefit?
7_t/ g to 10
Methods
Once a plan satisfies the requirements of either I., if., or iii DO NOT
)mptete the remaining items of section d.
133.1/3% Test
• Is the accrued benefit payable at normalretirement age equal to
✓
e plan's normal retirement benefit?
• Is the accrual rate in any given year under the plan no greater
q 133½% of the accrual rate in any prior year (Make appropriate
tents for ancillary benefits)?
If I
nswer to this question is "Yes," DO NOT complete the re-
ainder of section d.
• 3% Test (Use this test last for Unit Benefit Plans).'
In the case of a fully integrated excess or offset plan does such
an prohibit an early retirement benefit? (If answer is "No," use
lother test)..
If the plan bases its benefit on average compensation, does it
ecify such benefit is determined on the basis of compensation
eraged over consecutive years of service, not in excess of 10, which
ald the highest average? (If the answer to this question is "No," the
✓
o test cannot be met).
Is the accrual of the plan's "normal retirement benefit" based on
earliest possible entry age under the plan? (If no entry age is
ecified by the plan use zero)
✓
If a participant does not accrue the "normal retirement benefit"
his normal retirement age, are years of participation after normal
.irement age counted for purposes of meeting the requirement that
t/
benefit accrued at the rate of at least 3% per year?
Does the plan specify the accrual of the "normal retirement
ne!it" will be, in the aggregate, a rate of at least 3% of such benefit
r year of participation?
Check "Yes" if the 3% Test is satisfied. (If all ansxers above are
'his
test is satisfied). If this test is satisfied the remainder of
- .• ed not be completed.
It answer to B., C., and D. is "Yes" but answer to E. Is "No" then
mptete F.
Publthtd by Tilt
BUREAU
OF NATIONAL AFFAIRS. INC., WASI1INGTON, D.C. 20037
Form 5624
fG•7Gl
Rip.1
of rtlwudurUon and ndiointutlon raunad
0
0
10
F. Can it be demonstrated mathem fly that the plan's "normal
etclence
yes
No
retirement benefit" accrues at a rate of at least 3% per year of paruci-
natlon? In making this calculation assume the earliest possible entry
rA
ac under the plan (if no entry age specified, assume 0). See explana-
. for guidance in making mathematical computations.
iu. Fractional Rule
2.23 p.5_A•
If the plan benefit, is based on average compensation, is such
average based on compensation for a period no greater than the 10
✓
years of service immediately prior to the date the benefit is deter-
A IG PART
mined?
8. Does the plan's benefit accrue at the same rate for all years?
10.04 P•30
V
lithe answers to A. and 8. are "Yes," this rule is satisfied.
C. Is it clear from the language of the plan that if a participant
terminates service in year Y that the actual benefit payable at Y is at
1 P• 3O
least equal to the product of the plan's normal retirement benefit times
/0. O
✓
a fraction of the actual years of participation from entry to Y over the
years of service from entry to normal retirement age.
e, Pre-ERISA Accruals
I. Is the accrued benefit under the plan for years before the effective
P 30
✓
date of ERISA at least equal to the greater of: (1) the plan's accrual
I O.O f
rate, or (2) 1/7 of what would be required if the ERISA accrued benefit
rules applied?
ii. Does the plan accrue the difference between pre -and post-ERISA
accruals in accordance with regulations?
10.0 I P30
✓
Allocation of Accrued Benefits Between Employer and Employee
tributions
• If the plan does not provide for any employee contributions, DO
NOT complete this section.
I. Does the plan maintain separate accounts -for voluntary employee
.contributions? (IF NO VOLUNTARY CONTRIBUTIONS ARE PERMITTED,
CHECK N/A,)
V/
ii. Does the plan define the accrued benefit derived from employer
contributions as the total accrued benefit less the accrued benefit
✓
derived from mandatory employee contributions?
/0,01 30
iii. It the plan provides for mandatory employee contributions, does
it define the accrued benefit derived from such contributions in
110,01 P30
✓
accordance with regulations?
Comments
Form 5624 (6-76)
Published by TULIP. BUREAU OF NATIONAL AFFAIRS, INC., WASHINGTON, D.C. 20037
Rlafit of,.tre,Lcuon and ndls(ne.tlon ,..,rv.d
appropriate conversion factor to d a straight
life annuity without ancillary be s. The con-
version factor is 10% for a normal retirement age
of 65 (conversion factors for other ages are found
Rev. Rut. 76.47). The accrued benefit derived from
contributions
can be
limited
to
the
•mployee
reater of
(1)
the total
accrued
benefit
of
the
employee under the p or (2) the accrued bene-
lit derived from cmpyee contributions deter-
mined without regard to interest.
411(b)(2)
11.411(b)-1
11.411(c)-1
Wo ksheel No. 3
The technical principles contained herein may
Joint and Survivor
be changed by regulations or other guidelines
issued after the date of this worksheet.
INSTRUCTIONS —All worksheet items must be completed. A "Yes" re•
Nameof Plan Cr7y of rAVETrgv.,"iL
sponse generally indicates a favorable conclusion is warranted while a
RE7rREM�N� p�,,
"No" generally indicates a problem exists. The specialist should explain
any "No" response in the space provided on the worksheet. Please refer
Specialist's Initials/Date
to Worksheet Explanation No. 3 for guidance in the event of any questions
Concerning the application of this worksheet.
Reviewer's Initials/Date
1. Does the plan provide payment of benefits in the form of a life
Plan Reference
Yes
No
N/A
annuity? (IF THE ANSWER TO NO. 1 IS "NO" THEN DO NOT COM-
$,o l P• 2�-
PLETE THE REMAINING QUESTIONS IN THIS SECTION)
A(G PART IV
2. If the plan provides forms of benefit in addition to a joint and survivor
"
annuity, are joint and survivor annuity payments automatically provided
• 0
✓
at normal retirement unless a participant elects otherwise?
.3. If the plan provides benefits prior to normal retirement age, is a
int and survivor annuity automatically provided on the later of early
D Z y
✓
r ment or 10 years prior to normal retirement age, unless the
p ipant elects otherwise?
4. If the plan provides benefits during the period specified in question
No. 3, does it provide for the election of a survivor annuity in the event
of the death of the participant prior to retirement if the participant so
pa P 2-)...
✓
elects?
5. If the plan provides the election provided in question No. 4, does
it also require that payments to the survivor not be less than specified
2.q, p, 9
V
in 11.401(a)-11(d)(3)(iv) of the regulations?
6. Is the joint and survivor annuity payable under the plan "qualified"
within the meaning of regs. sec. 11.401(a) -11(b)(1)?
2• *1 l0 9
✓
7. Is any marriage requirement for eligibility to a joint and survivor
Oj p22
annuity limited to not more than one year?
6 03 -
8. Will an election (or revocation of an election) not to take a joint
and survivor annuity not be given effect (except as provided in regula•
tions)
g D RL(,
V
if a participant dies within two years of making such election (or
revocation)?
Comments
Form 5625 t6.7o1 p u.S.G.r.o. I?IL-671•,42/scan Department of the Treasury —Internal Revenue Servicc
Published by TIlE f)UREAU OF NATIONAL AFFAIRS, INC., W'ASIIINGTON, D.C. 20037
RILM of urvodwllon old ndl.l„COllon we r.rvod
Worksheol No. 4
technical triples contained herein may
Miscellaneous
be chanced by regulations or other guidelines
Issued after the date of this worksheet.
STF-:IONS—All worksheet items must be completed. A "Yes"re•
-rFAYCTTEwr1L
flame of Plan Cry of
RrcT/REM
ans enerally indicates a favorable conclusion is warranted while a
~� PLC A'
io" generally indicates a problem exists. The specialist should explain
;y "No" response in the space provided on the worksheet. Please refer
Specialist's Initials/Date
Worksheet Explanation No. 4 for guidance in the event of any questions
ncerning the application of this worksheet.
Reviewer's Initials/Date
Merger and Termination Provisions
Plan Reference
Yes
No
N/A
Does the plan expressly provide that upon plan termination or partial
mination (or in the case of a profit-sharing, stock bonus, etc., plan,
I. oS— 412-
✓
complete discontinuance of contributions), a participant's interest
P.
I be nonfcrfeitablc?
Does the plan provide that after its merger, transfer of assets or
bilities, or consolidation, benefits will be no less than before such
I. 10 0•'1S'
V
!rger or consolidation or transfer if the plan then terminated?
Benefits
Is the assignment or alienation of an employee's interest, in excess
' 8.0 b P `f 8
✓
statutory limits, prohibited?
Do benefits under the plan commence, unless the participant other -
.0 -sects in writing, no later than the 60th day after the latest of the
A the plan year in which (1) the participant attains the earlier
7007 p. Ito
agr or the plans normal retirement age, (2) occurs the 10th
✓
fiver3nry of the year in which the participant commenced participa-
n under the plan, or (3) the participant terminates his service with
employer?
Do plan distributions which meet the requirements of 11. b. provide
b'0 r P. i7
more than incidental death benefits?
R f6 PNk> 7t
✓
If this is a pension plan, are distributions not to be made before
ainment by the participant of normal retirement age, termination
9,0/ P. 2b
✓
service, death, or disability?
If the plan provides an early retirement benefit for participants who
et certain age and service requirements, does it provide that a
ticipant
q' n z7
✓
who meets the service requirement, but separates from service
04
we he meets the age requirement, will be entitled to receive his bene-
upon satisfaction of the age requirement?
Shareholder —Employees
In the case of a subchapter S corporation, if the plan covers a
rcholder.emplo-ce, is only the first $100,000 of the annual com•
lsation of each employee taken into account for purposes of de-
uining contributions or benefits under the plan?
comments
5626
IG-7i•)
t U.S.
C.P.0.
1 976-41l 74'/4 y
Department of Inc
Treasury —Internal
Revenue
Service
IL
AubRehad
by TIlE
DUREAV
OF NATIONAL AFFAn c.
INC., 4'ASIIINGTON,
D.C. 20037
E
0
N
0
ii
Works of No. 5 The I cal principles contained herein may
Coverage be ch by rcrulahons or other guidelines
an iserimination issued the date of this worksheet.
INSTRUCTIONS — ;II worksheet items must be completed. A "Yes" re Name of Plan C y'7V O F FAVET%4v7cc 0
'onse generdly utdreates a favorable conclusion is warranted while a PE-71aFMAar PcA.✓
I10" generally mdreafes a problem exists. The specialist should explain
ny "No" response in the space provided on the v,orksheel. Please refer Specialist's Initials/Date
to Worksheet Explanation No. 5 for guidance in the event of any questions
Concerning the application of this worksheet. Reviewer's Initials/Date
I. Coverage
Yes No N/A
a. Does the plan satisfy the "percentage test" provided by section
410(b)(1)(A) (taking into account all employees of a controlled group
of corporations and trades or businesses under common control)? !,!Referen:ce
FvRr30D
If the answer to this question is "Yes," check "N/A" in question I. b.
b. Does the plan satisfy the "classification test" provided by section
410(b)(1)(c) (taking into account all employees of a controlled group
of corporations and trades or businesses under common control)?
II. Discrimination Vesting
a. Has the applicant requested that his application be processed
without regard to whether the vesting provisions of the plan satisfy
the nondiscrimination requirement of section 401(a)(4)? (If the answer
to this question is "Yes," see the explanation and DO NOT complete
the balance of This section.) V
If the answer to question II. a, is "No," but the response to any one
of questions II. b-11. e. is "Yes," a favorable advance determination
alter should be issued, provided the plan otherwise meets the require -
Is for qualification.
b. Does the plan's vesting schedule satisfy the "prior letter test?"
c. Does the plan's vesting schedule satisfy the "4-40 vesting test?"
d. Has the applicant demonstrated that the requirements of the "key
employee test" or the "turnover test," whichever test or tests apply,
are satisfied? ✓
e. Does the plan's vesting schedule satisfy the "facts and cu -corn -
stances test?e,
V.
III. Discrimination Contributions and
Benefits
a. Is the Contribution or benefit formula
o mula nondiscriminatory with re- V
sped to members of the prohibited group?
IV. Discrimination Integration
This section is to be completed only if the applicant has indicated
that the plan is integrated with Social Security.
a. Has the applicant demonstrated that the plan properly integrates ✓ With social security benefits? -
• Comments ✓
Form JG2]Ili•ltil
O U.S. G.P.O. 1976- 6. -7:,e Is Deptvini`nt ol tho Treasury - Inirt ii Rovenuc Scrv,co
Published by THE UUREEAU OF NATIONAL AFFAIRS, INC., WASHINGTON. D.C. 20037
Alcsts Of wpraaucucn ..d ndi.tnnaaron n..n.d
r -
•
NOTICE TO
THE EMPLOYEES OF
• THE CITY OF FAYETTEVILLE
An application is to be made to the Internal Revenue Service for an
advance determination on the qualification of the following employee retirement
plan.
Name of Plan: City of Fayetteville Retirement Plan
Applicant: City of Fayetteville
Plan Administrator: City of Fayetteville
The application will be -submitted to the District Director of. the
Internal Revenue Service at Little Rock, Arkansas for an advance determina-
tion as to whether or not the -plan --qualifies under Section 401(a) of the
Internal Revenue Code of 1954, with respect to the plan amendment.
• The employees eligible to participate under the plan are those who
complete the following requirements:
•
5
1. Every Participant who was a Participant in the Prior Plan on May 30,
1977 shall continue to be a Participant in this Plan.
2. Attains age 24' (notwithstanding the provisions of Section 2.06 of
the Plan) .
3. Was not age 60 or over on his Date of Employment.
4. Has completed twenty-four (24) months of employment with the Employer.
5. Has agreed to make the required contributions.
6. Employees not included in a unit of Employees covered by an agreement
which the Secretary of Labor finds to be a collective bargaining agree-
ment between Employee representatives and one or more Employers, if
there is evidence that retirement benefits were the subject of good
faith bargaining between such Employee representatives and such Employer.
The Internal Revenue Service has previously issued a determination letter
with respect to the qualification of this plan.
Each person to whom this notice is addressed is entitled to submit, or
request the Department of Labor to submit, to the District Director described
above, a comment on the question of whether the plan meets the requirements for
qualification under Part I of Subchapter D of Chapter 1 of the Internal Revenue
Code of 19S4. Two or more such persons may join in a single comment or request.
If such a person or persons request the Department of Labor to submit a comment
and that Department declines to do so in respect of one or more matters raised
0 •
•
C1
I.
iii the request, the person or persons so requesting, may submit a comment to the
District Director in respect of the matters on which the Department of Labor
declines to comment. A comment submitted to the District Director must be re-
ceived by him on or before '1b. /a /979 However, if it is being sub-
mitted on a matter which the iepartme t of Labor was first requested but declined
to comment, the comment must be received by the District Director on or before
the later of t.L-,. /a7, or the 15th day after the day on which the
Department of Labor notifies such person or persons that it declines to comment,
but in no event later than Ott. 7, /y'7J9 A request of the Depart -
m nt of Labor to submit a comment must be received by that Department on or before
_ 1iJ , i97 , or, if the person or persons making the request
Vish to preserve their right to submit a comment to the District Director in the
event the Department of Labor declines to comment, on or before 7
Additional informational material regarding the plan and the procedures to
be followed in submitting or requesting the Department of Labor to submit a
comment may be obtained at:
City of Fayetteville
City Administration Building
Fayetteville, AR 72701
Signed at( / on
• •
RESOLUTION
• A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE AN AMENDED AND RESTATED SPLIT FUNDED DEFINED BENEFIT
ADOPTION AGREEMENT FOR EMPLOYEES OF THE CITY OF FAYETTEVILLE.
BE IT RESOLVED BY THE BOARD OF DIRECTORS .OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
That the Mayor and City Clerk be, and.they hereby are,
authorized and directed to execute an amended and restated
split funded defined benefit adoption agreement for employees
of the City of Fayetteville. A copy of said agreement, marked
Exhibit "A", is attached hereto and made a hereof..-.
PASSED AND APPROVED THIS 11. DAY OF , 1977.
APPROVED:
•
MAYOR
ATTEST:
CITY CLERK
C
SPLIT FUNDED DEFINED BENEFIT
•
i• i
EMPLOYEES OF
CITY OF FAYETI'EVILLE
FAYE'ITEVILLE, ARKANSAS
(AME' DED AND RESTATED)
A1)O1'T 1 ON AGRELMLt,'I
. TABLE OF CONTENTS
FOR WA
Page i
PART
I
ADMINISTRATIVE MATTERS
(Plan Ref: Secs. 2.16,
2.18, 2.20, 2.29, 15.01)
Page
ii
PART
1I
ELIGIBILITY
(Plan Ref: Sec. 3.01)
Page
ii
PART
III
RETIREMENT AGES AND DATES
(Plan Ref: Secs. 2.30,
4.01)
Page
iii
PART
IV
NORMAL RETIREMENT BENEFIT
(Plan Ref: Secs. 2.13,
5.02)
Page
iii
• PART
1'
VESTING
(Plan Ref: Sec. 9.04)
Page
iv
PART
VI
DEATH AND DISABILITY BENEFITS
(Plan Ref: Secs. 5.05,
6.01)
Page
v
PART
VII
FUNDING
(Plan Ref: Secs. 5.11,
12.01, 12.02)
Page
vi
PART
VIII
RETIREMENT BENEFITS ON
OTHER THAN NORMAL
RETIREMENT DATE
(Plan Ref: Secs. 5.03,
5.04
Page
vi
PART
IX
NATURE OF AGREEMENT
(Trust Ref: Sec. 8.02)
Page
vii
SIGNATURE
PAGE
Page
vii
I '•
. .
CITY OF FAYETTEVILLI:
A DEFINED BENEFIT PLAN AND TRUST
ADOPTION AGREDIEI.T
WHEREAS, the Employer, a Governmental Unit with its principal place of
business in Fayetteville, Arkansas, created on May 31, 1958 an Employee Re-
tirement Plan, and
WHEREAS, the Employer now desires to amend its Retirement Plan to
accomplish the purposes set forth below:
NOW, THEREFORE, -by executing this Adoption Agreement, the Employer here-
by establishes an amended Plan and Trust attached hereto and expressly incorp-
orated herein, for the following purposes, to wit:
1. To redesign the Plan.
2. To
create
a Trust to
hold,
invest,
reinvest and otherwise
to
manage
the assets
of the
Plan as
amended.
3. To restate the Plan in a separate document from a policy
of insurance.
4. To amend and continue the Predecessor Plan.
The Trustees and the Plan Administrator, by joining in the execution of
this Adoption Agreement, accept the responsibilities imposed on them and
agree to perform their duties under this Plan.
As part of this Plan, the Employer makes the following statements:
I10
(i)
• I
ADMINISTRATIVE MATTERS
. A. The Name of this Plan shall be:
CITY OF FAYETTEVILLE RETIREMEWF PLAN
B. The Trustee appointed at this time is:
Mcllroy Bank and Trust
75 North East Street
P. 0. Box 1367
Fayetteville, Ark. 72701 (501) 521-7400
C.
The
Plan Administrator shall be
the
Employer.
D.
The
Person available, for service
of
Process is:
City Manager
City of Fayetteville
City Administration Bldg.
Fayetteville, Ark. 72701 (501) 521-7700
E. The Named Fiduciary shall be the City of Fayetteville.
F. As used herein, the term "Employer" shall mean City of Fayetteville.
G. The Effective Date of this Adoption Agreement, as well as the Plan and
Trust, both incorporated herein is May 31, 1977.
PART II
ELIGIBILITY
A. Every Employee, who is not an Employee of the Fayetteville Police Depart-
ment or the Fayetteville Fire Department, shall become eligible to parti-
cipate on the effective date or on the first Plan Anniversary thereafter
following the day he completes the following requirements:
1. Every Participant who was a Participant in the Prior Plan on
May 30, 1977 shall continue to be a Participant in this Plan.
2. Attains age 24'1 (notwithstanding the provisions of Section 2.06
of the Plan) .
3. Was not age 60 or over on his 'Date of Employment.
4. Has completed twenty-four (24) months of employment with the
Employer.
5. Has agreed to make the required contributions.
6. Employees not included in a unit of Employees covered by an
agreement which the Secretary of Labor finds to be a collec-
tive bargaining agreement between Employee representatives
S •
and one or more linploycrs, if there is evidence that rctire-
ment benefits were the subject of good faith bargaining be-
tween such Lmployee representatives and such ]niployer.
B. The Participant shall become eligible for the life insurance specified
in Article VII upon becoming a Participant hereunder.
Such insurance shall be Group Term life insurance, equal to 10U times
his Anticipated Normal Retirement Benefit.
PART III
RETIREMENT AGES AND DATES
A. The Normal Retirement Age is 65. The Normal Retirement Date shall be
the first day of the month coincident with or next following the Parti-
cipant's -sixty-fifth (65th).birthday.
B. A Participantmayelect topostpone his Actual Date of Retirement to
the first day of any month following his Normal Retirement Date, and
in such event, no further contributions will be made in his behalf for
the additional period.
The consent of the Employer shall be required for the Participant to
postpone his Actual Date of Retirement.
Payment of retirement benefits shall commence on the Participant's
• Actual. Retirement Date.
C. Upon written request, a Participant may be granted Early Retirement
with the consent of the Employer, provided he is within 10 years of
his Normal Retirement Date, and is 100% vested in his Accrued Benefit.
NORMAL RETIREI,'1ENT BENEFIT
A. The Normal Retirement Benefit shall be a monthly benefit payable for
sixty (60) months certain and for as long thereafter as the Participant
shall live.
B. The amount of such Normal Retirement Benefit commencing at a Partici-
pant's Normal Retirement Date shall be one and one-half percent (1½%)
of Final Average Compensation multiplied by years of Credited Service.
C. The maximum number of Years of Credited Service to be taken into account
in determining a Participant's Normal Retirement Benefit shall be limit-
ed to a maximum of five (5) years prior to 5-31-58.
All other service with the City shall be included as Credited Service.
D. Benefits as computed under the above formula shall be rounded to the
nearest $1.00.
•
1:. The Monthly Luent Compensation on which tlieuitieipatecl Nona] Vc.
tirement Benefit shall be based is basic pay exclusive of ►rouuse:,,
overtime and other nonrecurring forms of conpensationi.
• F. Final Average Compensation for the purpose of determining the Par-
ticipant's Actual (as opposed to Anticipated) Normal Retirement Bene-
fit shall be the Participant's Average Monthly Compensation received
from the Employer during the highest five (5) consecutive calendar
years in the ten (10) years immediately prior to his retirement, or
during his total service if less than five (5) years, such total
compensation to be that shown on the Participant's W-2 Form each year.
G. Notwithstanding the retirement benefits as spelled out in this.
Adoption Agreement and Plan, there shall be no minimum or mar..
imum benefits other than those set forth in the Plan.
PART V
VESTING
In the event employment of a Participant is terminated as provided in
Article VIII, the percentage of vesting in the Accrued Benefit attri-
butable to Employer contributions shall be as follows:
Number of Full Percentage
Years of Service Vested
• Less than5
5
25%
6
30�
7
35%
8
40o
9
450
• 10
S0%
11
60%
12
70%
--13
80%
14
90%
15
100%
Age 55 with 10 years under Plan
100%
Notwithstanding anything herein to the contrary, a Participant shall be
100% vested in his Accrued Benefit when he reaches his Normal Retirement
Age.
The Present Value of a Participant's vested interest in his Accrued Benefit
may be paid in one sum on termination of employment on written request from
the Participant and approval of the Employer. All Employees in like cir-
aunstances shall be treated in like manner.
• In computing the period of service for purposes of determining the non -
forfeitable percentage under this Part of the Adoption Agreement all
of an Employee's Years of Service with the Employer shall be. taken into
account except the following:
0
1. Service prior to a Break in Service until he has completed
• one year of service with the Employer, after his return.
2. All periods during which there has been a "Break in Service."
All periods prior to a "Break in Service" where the numbers
of "Breaks in Service" equals or exceeds the periods of service
prior to the "Breaks in Service". This applies only to Parti-
cipants with no vested benefits.
4. Periods during which the Employer did not maintain a Plan, or
a Predecessor Plan.
5. Periods during which an Employee declined to make mandatory
contributions, if any are required.
6. An Employee working simultaneously for two or more Employers
will not have his period of service increased by reason of
such simultaneous employment.
PART VI
DEATH AND DISABILITY BENEFITS
A. DEATH BENEFITS: In the event of a Participant's death prior to
• his Normal Retirement Date, the amount payable to his Beneficiary
shall be the face amount of the insurance on his life under the
Plan, if any, or the Present Value of his Accrued Pension Benefit,
whichever is greater.
B. DISABILITY BENEFITS: The amount to which a Participant shall be
entitled ereun er by reason of becoming permanently and totally
disabled shall be that which is provided under a Permanent and
Total Disability provision contained in the insurance policy
issued on his life under the Plan, if any, or the Present Value
of his Accrued Benefit, whichever is greater. Such amount shall
be paid first from such insurance policy and any additional amount
due hereunder shall be paid from the Trust Fund. Any amount due
from such insurance policy shall be paid in accordance with the
terms of such policy and any amount paid from the Trust Fund shall
be paid in equal monthly installments for a period of five (5)
years or longer, in accordance with the options contained in Section
8.04.
The policies of Life Insurance issued on the lives of Participants
hereunder shall, wherever possible, contain a permanent and total
disability provision which shall provide, as nearly as possible,
for the payment of the face amount of such insurance, in the event
of the permanent and total disability of such Participant before
age sixty (60), in the form of monthly installments.
• I'API VII •
• 1his Plan shall be funded by joint contributions of the.bnployer and
Participant with each Participant contributing 3% of his Current Compeii-
sation, and the bnployer contributing the balance necessary to fund the
benefits provided hereunder.
Voluntary contributions will not be permitted.
rinployee mandatory contributions shall be first applied to pay the cost
of the life insurance protection of any insurance policy issued upon the
life of such Participant, and the balance, if any, shall be applied to
pay the cost of retirement benefits provided hereunder.
PART VII]
RETIREMENT BENEFITS ON MHER THAN NORMAL REFIREMEd1' DATE
A. Should a Participant postpone his retirement beyond his Norma]
Retirement Date, the retirement benefit commencing on his Actual
Retirement Date shall be the actuarial equivalent of his Norma]
Retirement Benefit.
B. The amount of a Participant's Early Retirement Benefit shall be the
actuarial equivalent of his Accrued Benefit, determined as of his
• Early Retirement Date.
I'/Ul I lx
• NA'ITAU: OF AGrtJ;IT4?JI'
'Phis Adoption Agreement constitutes Amendment Nrmiber Z to a restatment
• of an existing flan which is qualified under Section 401(a) of the
• internal Revenue Code: The provisions of this Nnendment supersede the
initial agrecmOnt and all Amendments prior to thi!:.
Executed at. « �: '� �z this th day <
of 1 J %%
Attest: __ _____________________ CITY OF rAYLTITVII.I,I:
Employer
/.r
13
TRUSTEES: McILRQY BANK AND TRUST
Witness trustee
E` 0
,.,
•
11c0-Ejcsidnnt and Trust, l)ilicer
I.
(vi
. .
SPLIT FUNDED DEFINED BENEFIT.
MUNICIPAL RETIRE6ENT PLAN
FOR THE
•
THE CITY OF FAYETTEVILLE
FAYETTEVILLE, ARKANSAS
0
TABLE OF CONTENTS
C.
ARTICLE
ARTICLE II
0 "•
NAPE OF PLAN AND PURPOSE
DEFINITIONS
2.01
2.02
2.03
2.04
2.05
2.06
2.07
2.08
2.09
2.10
2.11
2.12
2.13
2.14
2.15
2.16
2.17
2.18
2.19
2.20
£.. J.
2.22
2.23
2.24
2.25
2.26
2.27
2.28
2.29
2.30
2.31
2.32
2.33
2.34
2.35
2.36
2.37
2.38
2.39
2.40
2.41
2.42
2.43
2.44
2.45
2.46
Accrued Pension Benefit
Act
Actual Retirement Date
Actuarial Equivalent
Actuary
Adoption Agreement
Age
Anniversary Date
Anticipated Normal Retirement Benefit
Beneficiary
Board or Board of Directors
Break in Service
Code
Conversion Fund
Credited Service
Current Compensation
Date of Employment
Effective Date
Employee
Employer
Entry Date
Fiduciary.
Final Average Monthly
Forfeiture
Gender and Number
Hour of Service
Insurable Participant
Insured Participant
Insurer
Investment Manager
Named Fiduciary
Normal Retirement Date
Participant
Parties in Interest
Person
Plan
Plan Administrator
Plan Year
Policy
Present Value of Benefits
Qualified Joint and Survivor Annuity
Retirement
Service of Legal Process
Termination of Employment
Trust Fund
Trustee
Compensation
Page 1
Page 1
1
1
2
2
2
2
2
2
2
3
3
3
3
3
3
4
4
4
4
4
4
5
5
5
5
'-6
6
6
6
6
6
6
7
84
8
8
8
8
9
9
9
9
9
10
10
0
0
ARTICLE
IT
2.47 Uninsured Participant
rs
2.48 Year of Service
ARTICLE
III
ELIGIBILITY FOR PARTICIPATION
ARTICLE
iv
RETIRFh0Nf DATES
ARTICLE
V
RFTIREPNFNI' BENEFITS
ARTICLE
VI
DFATH BENEFITS
ARTICLE
VII
POLICIES
ARTICLE
VIII
PAYMENT OF BENEFITS
ARTICLE
IX
VESTING
ARTICLE
X
ACCRUED PENSION BENEFITS
ARTICLE
XI
CLAIMS PROCEDURES
ARTICLE
XII
PAYN ENT OF CONTRIBUTIONS
ARTICLE
XIII
CONVERSION FUND
ART'ICL.E
XIV
THE INSURER
ARTICLE
XV
.AININISIRATION-PLAN AUIINISTRATOR
ARTICLE
XVI
AME01EXF AND DISCONTINUANCE OF THE PLAN
ARTICLE
XVII
TRUST
ARTICLE
XVIII
MISCELLANEOUS PROVISIONS
Page 10
10
Page 10
Page 12
Page 12
Page• 17
Page 19
Page -22
Page 26
Page 30
Page 31
Page 32
Page 34
Page 36:
Page 36
Page 41
Page 45
Page 46
• 0
ARTICLE I
NAME OF PLAN AND PURPOSE
1.01 PURPOSE
It shall be the purpose of this Plan to provide, under the conditions
set forth, pension benefits upon retirement and other related benefits
for the Employees of the Employer who are eligible to participate in
the Plan.
1.02 ADOPTION
The Employer has adopted this Plan and Trust by completing and signing
the Adoption Agreement attached hereto.
1.03 INIENT
.It is the intent of the Employer that this Plan (and its accompanying
Trust) shall qualify for approval under Sections 401(a) and 501 of
the Internal Revenue Code as a tax exert Employee's Trust and, in
case of any , ambi i gu'ty, shall be interpreted to accomplish such result.
ARTICLE II
DEFINITIONS
When used herein, or in the administration hereof, the words and
phrases defined herein shall have the following meaning unless a
different meaning is clearly required by the context of the Plan.
2.01 ACCRUED PENSION BENEFIT
"Accrued Benefit" or "Accrued Pension Benefit" shall mean that part
of a Participant's Anticipated Normal Retirement Benefit which is
earned at any definite date as determined in accordance with the pro-
visions of Article X.
2.02 ACT
"Act" shall mean the Employee Retirement Income Security Act of 1974.
1
I
2.03 ACTUAL RETIREMENT DATE
The "Actual Retirement Date" is the first day of the month coincident
with or nett following an Employee's retirement from service of the
Employer.
2.04 ACTUARIAL EQUIVALENT
"Actuarial Equivalent" shall mean a benefit of equal value when com-
puted in accordance with the actuarial assumptions last adopted by
the Actuary for the Plan.
2.05 ACTUARY
"Actuary" shall mean an Enrolled Actuary selected by the Plan Admini-
strator to provide actuarial services for the Plan.
2.06 ADOPTION AGREE. V1E'i F
"Adoption Agreement" means a separate document constituting an inte-
gral part of this Plan in which the Employer states the various Plan
provisions and designates the necessary parties to the Plan.
2.07 AGE
"Age" shall be the age computed as of the nearest birthday of the
Employee.
2.08 AI4NIVERSARY DATE
"Anniversary Date" means the Effective Date and the same date in each
year thereafter.
2.09 ANTICIPATED NORMAL RETIPJ31ENT BENEFIT
The "Anticipated Norma.]. Retirement Benefit" is the Normal Retirement
Benefit which is expected to start on the Participant's Normal Retire-
ment Date, assuming:
a) No change in the Plan from the date of determination of
such benefit to the Normal Retirement Date.
b) No change in Participant's compensation during the same
period.
c) No change in Social Security Benefits during the same
period.
d) Without regard to ancillary benefits, such as life insur-
ance, disability provisions or early retirement.
2.10 BENEFICIARY
A "Beneficiary" shall be any Person or Persons designated by a Par-
ticipant, or by the terms hereof, who is to receive benefits in the
event of the death of the Participant.
2.11 BOARD OR BOARD OF DIRECTORS
"Board" or "Board of Directors" shall mean the Board of Directors of
the Employer.
2.12 BREAK IN SERVICE
A "Break in Service" shall mean any twelve (12) month period starting
with the date of employment or any anniversary thereof during which a
Participant has not completed more than five hundred (500) hours of
service. A transfer from one Employer to another Employer within the
Plan shall not result in a "Break in Service
2.13 CODE
"Code" shall mean the Internal Revenue Code of 1954 as amended and
as the same shall be amended from time to time.
1
2.14 CONVERSION FUND
The term "Conversion Fund" shall mean a fund defined in Section 13.01
herein, and held by the Trustee hereunder.
2.15 CREDITED SERVICE
"Credited Service", for the purposes of determining the Normal Retire-
ment Benefit under Article V, shall be all service with the Employer
subject to the limitations provided in Part IV of the Adoption Agree -
3
merit. This definition shall not be construed to reduce any service
`• prior to this amendment.
2.16 CURRENT CQdPF_;SATI0N
"Current Compensation" or "Basic Monthly Salary" shall be an amount
equal to one -twelfth (1/12th) of the Employee's annual rate of pay
from the Employer, as provided in Part IV of the Adoption Agreement.
2.17 DATE OF BIPLOThEn'T
'Date of Employment" shall mean the first date on which an Employee
completes an Hour of Service, provided that in the case of a Break
in Service, an Employee's Date of Employment shall be the first date
after such Break in Service on which he completes an Hour of Service.
2.18 EFFECTIVE DATE
"Effective Date" means the date stated in Part I of the Adoption Agree -
I merit.
2.19 EMPLOYEE
An "Employee" shall be any Person who is employed by the Employer.
2.20 EMPLOYER
"Employer" means the Employer stated in Part I of the Adoption Agree-
ment and any successor by merger, purchase or otherwise, who assumes
the obligations of this Plan and Trust, and any predecessor who has
maintained this Plan.
2.21 ENTRY DATE
The "Entry Date" shall be the Anniversary Date on which an Employee
becomes a Participant.
2.22 FIDUCIARY
The term "Fiduciary" means any person who --
4 (a) exercises any discretionary authority or discretionary
control respecting management of this Plan or exercises
fl
S
c.
C.
any authority or control respecting management or dispo-
sition of its assets,
(b) renders investment advise for a fee or other compensation,
direct or indirect, with respect to any monies or other
property of this Plan, or has any authority or responsi-
bility to do so, or
(c) has any discretionary authority or discretionary respon-
sibility in the administration of this Plan.
2.23 FINAL AVERAGE MONTHLY Ca4PENSATION
"Final Average Monthly Compensation" shall mean that compensation as
provided in Part IV of the Adoption Agreement.
2.24 FORFEITURE
"Forfeiture" means the value of the nonvested Accrued Benefit of any
Participant who terminates.
2.25 GENDER AND NUMBER
As used in the Plan, the masculine shall include the feminine and the
singular shall include the plural.
2.26 HOUR OF SERVICE
a) Each hour for which an Employee is directly or indirectly
paid, or entitled to payment, by the Employer for the per-
formance of duties. These hours shall be credited to the
Employee for the period or periods in which the duties are
performed.; and
b) Each hour for which an Employee is directly or indirectly
paid, or entitled to pa)mient, by the Employer for reasons
(such as vacation, sickness or disability) other than for
the performance of duties. These hours shall be credited
to the Employee for the period or periods in which payment
is made or amounts payable to the Employee become due; and
c) Each hour for which back pay, irrespective of mitigation
of damages, has been either awarded or agreed to by the
•Employer. These hours shall be credited to the Employee
for the computation period or periods to which the award
or agreement pertains rather than the computation period
in which the award, agreement or payment is made.
In any case, where the Employer maintains the plan of a predecessor
Employer, service for such predecessor Employer shall be treated as
5
service for the Employer.
V 2.27 INSURABLE PARTICIPANT
An "Insurable Participant" is one whose life may be insured by the
Insurer at standard rates or at substandard rates not to exceed the
equivalent of two hundred percent (200%) Mortality. Substandard rates
in excess of two hundred percent (200%) Mortality must be approved by
the Employer. Employees in like circumstances shall be treated in like
manner.
2.28 INSURED PARTICIPANT
An "Insured Participant" is one on whose life an insurance policy or
policies have been purchased pursuant to the terms of this Plan.
2.29 INSURER
"Insurer" means a legal reserve life insurance company that issues a
Policy under this Plan.
2.30 INVESTMENT MANAGER
"Investment Manager" means that Person so designated by the Plan Ad-
ministrator to manage and invest designated plan assets and who ack-
nowledges his acceptance in writing.
2.31 NAMED FIDUCIARY
The "Named Fiduciary" shall be the Person designated in Part I of the
Adoption Agreement.
2.32 NORM=AL RETIREMENT DATE
"Normal Retirement Date" is as provided in Part III of the Adoption
Agreement.
2.33 PARTICIPANT
The term "Participant" means any Employee or former Employee of the
4 Employer who is or may become eligible to receive a benefit of any
L.0
6
type from the Plan, by reason of having fulfilled all eligibility re-
• quirements for participation hereunder, or whose Beneficiaries may be
eligible to receive any such benefit.
2.34 PARTIES IN INTEREST
The term "Parties in Interest" means a Person who is ---
A) a Fiduciary;
B) a Person providing services to the Plan;
C) an Employer any of whose Employees are covered by the Plan;
D) an Employee organization any of whose members are covered by
the Plan;
E) an owner, direct or indirect of 50 percent (50%) or more of ---
(i) the combined voting power of all classes of stock
entitled to vote or the total value of shares of
all classes of stock of a corporation;
(ii) the capital interest
(. partnership, or;
(iii) the beneficial inter
enterprise, which is
ganization described
or
st
an
in
the profits interest of a
of a Trust or unincorporated
Employer or an Employee or -
subparagraph (C) or (D);
F) a relative of any individual described in subparagraph (A), (B), (C)
or (E), who is a spouse, ancestor, lineal descendant or spouse of a
lineal descendant of same;
G) a corporation, partnership, trust or estate of which (or in which)
50 percent or more of ---
(i) the combined voting power of all classes of stock
entitled to vote or the total value of shares of
all classes of such corporation;
(ii) the capital interest or profits interest of such
partnership, or
(iii) the beneficial interest of such trust or estate, is
owned directly or indirectly, or held by persons
described in subparagraph (A), (B), (C), (D) or (E)
unless regulations define otherwise;
H) an Employee, officer, director (or an individual having powers
or responsibilities similar to those of officers or directors)
7
or a 10 percent or more shareholder, or a highly compensated
• Employee (earning 10 percent or more of the yearly wages of an
Employer) of a person described in subpara aph (C), (D) or (G)
unless regulations define otherwise, or
I) a 10 percent or more (in capital. or profits) partner or joint
venturer of a person, directly or indirectly described in sub-
paragraph (B), (C), (D), (E) or (G).
2.35 PERSON
The word "Person" as used herein means an individual, partnership,
joint venture, corporation, mutual company, joint stock company, trust,
estate, unincorporated organization, association or Employee organiza-
tion, as indicated by the context.
2.36 PLAN
The "Plan" shall mean the Retirement Plan established by this document.
2.37 PLAN ADMINISTRATOR
"Plan Administrator" or "Administrator" means the Person designated
1
in the Adoption Agreement to administer the Plan and who signifies his
acceptance of this responsibility by joining in the execution of the
documents creating or amending this Plan; or any successor, appointed .
in accordance with this Plan who so signifies his acceptance in writing.
If more than one Person is so designated, they shall be known as the
Administrative Committee and all references in the Plan and Trust to
the Plan Administrator shall be deemed to apply to the Administrative
Committee.
2.38 PLAN YEAR
A "Plan Year" shall mean the period of time between Plan Anniversary
Dates.
2.39 POLICY
A "Policy" shall be a life insurance contract issued by the Insurer
under the terms and conditions of this Plan.
0
I .
2.40 PRESENT VALUE OF BENEFITS
T •
O•
The "Present Value" of any benefit provided hereunder shall be an amount
equal to the actuarially computed value of such benefit as of the date
of determination calculated in accordance with actuarial assumptions
consistent with those used in computing the funding of this Plan.
2.41 QUALIFIED JOINT AND SURVPIOR ANNUITY
The term "Qualified Joint and Survivor Annuity" means a reduced month-
ly benefit payable during the lifetime of the retired Participant and
50 percent of such reduced monthly benefit payable after his death to
the spouse named by him at the time the option i5 elected, if such
spouse survives the retiree, 50 percent of such benefit is to continue
until the death of the spouse. If the designated spouse should die
prior to the benefit commencement date of the Participant, the elec-
tion of this option is deemed automatically annulled.
2.42 RETIREMENT
"Retirement" shall mean separation from the service of the Employer
upon the Early, Normal or Postponed Retirement Date.
2.43 SERVICE OF LEGAL PROCESS
The Employer is designated as Agent for "Service of Legal Process".
2.44 TERMINATION OF EMPLOYMENT
"Termination of Employment" shall be the cessation of active work.
However, should an Employee cease active work due to taking a leave
of absence as defined in this Plan, employment for all purposes shall
be•deemed to he continued during such leave of absence. These provi-
sions regarding leave of absence shall be applied in a uniform and
nondiscriminatory manner to all Participants under similar conditions.
2.45 TRUST FUND
t". 'hest Fund" shall mean all assets held in Trust pursuant to the pro-
IcP
visions hereof and shall include all policies issued hereunder.
2.46 TRUSTEE
"Trustee" means the individual, individuals, or the corporation named
in the Adoption Agreement and any successors.
2.47 UNINSURED PARTICIPANT
An "Uninsured Participant" is one on whose life the
purchased insurance policies in any amount due to t
being uninsurable, or due to his failure or refusal
Trustees, the Plan Administrator or the Insurer the
tion to effectuate the issuance of such insurance.
for "Insurable Participant").
2.48 YEAR OF SERVICE
Trustees have not
he Participant's
to provide the
necessary informa-
(See Section 2.27
A "Year of Service" for vesting means a twelve (12) consecutive month
period, starting with the first hour of employment or any anniversary
thereof, during which the Employee has completed not less than one
thousand (1,000) Hours of Service excepting service specifically ex-
cluded under the provisions of Part V of the Adoption Agreement. A
"Year of Service" for Benefit Accrual means a twelve (12) consecutive
month period, starting with the date lie became a Participant in the
Plan or any anniversary thereof, during which he has completed not
less than one thousand (1,000) Hours of Service.
ARTICLE. III
ELIGIBILITY FOR PARTICIPATION
3.01 REQUIRE'IENTS
An Employee shall become eligible to participate on the Anniversary
10
Date following the day on which he satisfies the eligibility require -
IVments designated i.n Part II of the Adoption Agreement.
3.02 LOSS OF ELIGIBILITY
A Participant who has a Break in Service in any Plan Year shall lose
his eligibility to participate in the Plan for that Plan Year.
3.03 TERMINATED EMPLOYEE - NO BREAK IN SERVICE
A terminated Participant who returns to the employment of the Employer
prior to incurring a one year Break in Service shall automatically
become a Participant again on the date of re-employment and the Trus-
tees shall either reinstate any insurance policies which had previous-
ly been purchased on the Participant's life or purchase a new policy
for which such Participant may be entitled on the Plan Anniversary
Date next following.
3.04 TERMINATED EMPLOYE! - FOLLOWING BREAK IN SERVICE
Crr
A terminated Participant who returns to the employment of the Employer
after incurring a one year Break in Service shall became a Participant
again on his re-employment.
3.05 SIPLOYEE ON LEAVE OF ABSENCE
An Employee on Leave of Absence on the Effective Date of this Plan who
otherwise becomes eligible to begin participation in the Plan shall
become a Participant following his return to active work in accordance
with the terms of this Plan.
3.06 A PARTICIPANt WHO BECOMES INELIGIBLE
A Participant who continues in the employ of the Employer but who
no longer meets the eligibility requirements shall again become eli-
gible to participate in the Plan when the cause of his ineligibility
•is removed.
]1
0
3.07 NOTICE PRIOR TO ELIGIBILITY
V
Adequate notice of eligibility to participate shall be given the Em-
ployee, and the consequences of his failure to comply must be clearly
presented to him. If he fails or refuses to participate, the exclu-
sion provisions of the Plan become operative as to such Employee.
Such provisions must be uniformly applied so as not to result in pro-
hibited discrimination.
3.08 PARTICIPATION
Not later than ninety (90) days after an Employee becomes a Partici-
pant in the Plan, the Administrator shall notify the Participant of
such fact and deliver to him a copy of this Plan Summary together with
a statement showing the amount of insurance to be provided.
ARTICLE IV
RETIRIIiENT DATES
4.01 Retirement dates shall be only as provided in Part III of the Adop-
tion Agreement.
ARTICLE V
RETIREhIENT BENEFITS
5.01 NORMAL RETIREMENT BENEFIT
The Normal Retirement Benefit shall be a series of equal monthly in-
stallments payable in advance. The amount of each such installment
and the period of time for which such installments are to be paid
shall be as provided in Part IV of the Adoption Agreement.
5.02 CALCULATION OF BENEFITS
On or about each Anniversary Date, the Plan Administrator shall re-
view the current compensation of all Participants and shall calculate
12
• S.
the amount of Anticipated Normal Retirement Benefit to which each
Participant shall be entitled at his Normal Retirement Date in accor-
dance with the preceding paragraph using his current compensation in
effect on such Anniversary Date, and using total years of Credited
Service; provided, however, that no adjustment in the Anticipated
Normal Retirement Benefit shall be made unless said adjustment equals
at least ten dollars ($10.00). In calculating the Anticipated Normal
Retirement Benefit, the Plan Administrator shall use the latest avail-
able information to achieve the nearest approximation of the Actual
Retirement Benefit. (Act. Sec. 105). Notwithstanding the above, an
Employee's Actual Retirement Benefit payable at his Normal Retirement
Date shall be based on his Final Average Compensation (as defined in
Section 2.23 of the Plan and Part IV of the Adoption Agreement).
5.03 POSTPONED RETIREMENT BENEFIT
The amount of. a Participant's Postponed Retirement Benefit shall be
as provided. in Part VIII of the Adoption Agreement. The Trustees,
at the discretion of the Plan Administrator, may continue any insur-
ance policy on the life of a Participant during a period of Postponed
Retirement in such manner as shall be provided in such policy or sur-
render such policy for the cash surrender value and deposit the same
in the Conversion Fund,
5.04 EARLY RETIREMENT BENEFIT
The retirement benefit payable to a Participant on his Early Retire -
went Date, if such early retirement is permitted shall be as provided
in Part VIII of. the Adoption Agreement, not to exceed the amount of
his vested benefit where consent of the Employer is required.
LC.
13
. .
5.05 DISABILITY BENEFIT
In the event that a Participant's employment is terminated by reason
of permanent and total disability by reason of any medically deter-
minable physical or mental impairment which can be expected to result
in death or to be of long -continued and indefinite duration, he shall
be entitled to receive in lieu of all other benefits under this Plan
an amount as provided in Part VI of the Adoption Agreement. In the
event this Plan is integrated with Social Security, no Participant
shall receive disability payments unless he is eligible for and is
receiving disability benefits under the Social Security Act, and in no
event shall the benefit received under this provision be greater than
the benefit a Participant would have received had he continued to work
until his Normal Retirement Date multiplied by the greater of seven -
tenths or the ratio that his completed Years of Service bears to the
Years of Service he would have completed at Normal Retirement Date.
5.06 LIMITATION ON BENEFITS
The retirement benefits of any Participant (when expressed as an an-
nuai benefit) shall not exceed the lesser of:
a) $75,000 or
b) One hundred percent (100°%) of the Participant's average
annual compensation for his high three years; or such
limits as may be from time to time set by the Secretary
of the Treasury or his delegates.
For the purpose of this section, the term "Annual Benefit" means a
benefit payable annually in the form of a straight life annuity with
no ancillary benefits with no Employee contributions or rollover con-
tributions considered. In the event a Participant has less than ten
years of service, the limitation referred to above shall be reduced
14
by 1/10 for each year of service less than ten at Normal Retirement
Date. If a Participant never participated in a defined contribution
plan of the Employer, the annual benefit from this Trust and any other
defined benefit plan maintained by the Employer may not be limited to
less than $10,000 by application of the above limitations.
5.07 COMBINED PLANS
In any case in which an individual is a Participant in both a defined
benefit plan and a defined contribution plan maintained by the same
Employer, the sum of the defined benefit plan fraction and the defined
contribution plan fraction for any year may not exceed 1.4. The
defined benefit plan fraction for any year is a fraction the numerator
of which is the projected annual benefit of the Participant under the
Plan (determined as of the close of the year) and the denominator of
which is the maximum benefit allocable. The defined contribution plan
fraction for any year is a fraction the numerator of which is the sum
of all the annual additions which have actually been made for the
current year and all prior years of service to the Participant's account
as of the close of the year and the denominator of which is the maxi-
m= amount of all of the annual additions to his account that could
have been made for the current year and all prior years of service.
If such sum exceeds 1.4, the annual additions to the defined contri-
bution plan shall be limited, notwithstanding any formula or provision,
to such amount as will reduce such sun to 1.4, by first limiting or
eliminating any voluntary contributions, second by reallocating any
forfeitures to other Participants, and last by reducing the contribu-
tion formula. (Any reduction in the contribution formula shall be
first applied to the contribution made on compensation in excess of
15
0
the Integration Level.) If the Employer has more than one defined
V
C.
r- •
contribution plan, any reduction above will be made first to the pro-
fit sharing plans, then to all other such plans, and if necessary, by
reducing first those that were effective last, and thereafter pro rata.
5.08 FORFEITURES, ETC. TO REDUCE COSTS
All refunds of unearned premiums, dividends and the like, including
recoveries resulting from discontinuations of insurance from any
cause, shall be paid or credited by the Insurer to the Trustees.
These sums with all Forfeitures shall be used to reduce Employer's
costs in the next of succeeding years.
5.09 EFFECT OF SOCIAL SECURITY CHANGES
In the case of a Participant or Beneficiary under the Plan who is
receiving benefits, or in the case of a Participant who is separated
from the service of the Employer and who has nonforfeitable rights
to benefits, such benefits shall not be decreased by reason of any
increase in the benefit levels payable under Title II of the Social
Security Act or any increase in the wage base under such Title if
such increase takes place after the date of the first receipt of such
benefits, or the date of such separation, as the case may be.
5.10 ASSIQ' flitvT OF BENEFITS
No Participant under this Plan shall assign or alienate any of the
benefits provided for such Participant under this Plan.
5.11 WITHDRAXkL OF MANDATORY CONTRIBUTIONS
Should a Participant elect to withdraw his mandatory contributions,
as required in. Part VII of the Adoption Agreement, but continue in
the service of the Employer, the following shall apply:
A) If a Participant's noaforfeitable interest in the Accrued
16
0
Pension Benefit derived from contributions made to this Plan
by the Employer is fifty percent (50%) or more, such Accrued
Benefit shall not be forfeited if the Participant withdraws
any r all of the contributions as required in Part VII of
the Adoption Agreement.
B) If a Participant's nonforfeitable percentage in his Accrued
Benefit derived from contributions made to this Plan by the
Employer under Part VII of the Adoption Agreement is less
than fifty percent (50%) such Accrued Benefit shall be for-
feited if the Participant withdraws any or all of the con-
tributions required of him under Part VII of the Adoption
Agreement.
C) The Accrued Benefit derived from contributions made to this
Plan by the Employer which is forfeited under this Section
shall be reinstated if the Participant recontributes the
full amount of the previously withdrawn mandatory contribu-
tions plus interest at the rate of five percent (5%) or
such other rate as may be required from time to time under
regulations in effect as of the date of such repayment,
compounded annually from the date of withdrawal of the man-
datory contributions to the date of repayment of such con-
tributions.
ARTICLE VI
DEATH BENEFITS
6.01 DEATH BENEFITS PRIOR TO NORMAL RETIREMENT
The Death Benefits payable to the Beneficiary or Beneficiaries of a
Participant who dies before his Normal Retirement Date shall be as
provided in Part VI of the Adoption Agreement. Such amount shall be
paid from the proceeds of life insurance in force or. his life under
the Plan, if any. Any balance in excess of such proceeds shall be
paid from the Conversion Fund. Any amounts attributable to the Par-
ticipant's voluntary contributions, rollovers or Predecessor Plan
Assets, shall also be paid to the Beneficiary. If the Participant's
death occurs after separation from service, the amount of any death
benefit will be determined by the manner of distribution selected.
17
6.02 DEATH BENEFIT MILE ON POSTPONED RETIRBIENT
The Death Benefit payable to the Beneficiary or Beneficiaries of a
Participant who dies while on Postponed Retirement, but whose retire-
ment benefit has not yet commenced shall be an amount equal to the
Present Value of such Postponed Retirement Benefit calculated as of
the first day of the month coincident with or next following such
Participant's date of death. Such amount shall be paid first from
the proceeds of any life insurance in force on his life under the Plan.
Any balance in excess of such proceeds shall be payable from the Con-
version Fund.
6.03 DEATH WHILE RECEIVING DISABILITY INCCT'IE
In the event of the death of a Participant while he is receiving disa-
bility payments from the Conversion Fund pursuant to the provisions of
Section 5.05 before the end of the period for which payments were to
have been made, such payments will be continued to the Beneficiary
until the end of such period; provided, however, the Plan Administra-
tor, in his sole discretion, shall have the right to commute the re-
maining payments in accordance with the provisions of Section 8.04 and
have such commuted value paid in one sum.
6.04 RIGHT TO DESIGNATE BENEFICIARIES
Each Participant shall have the right to designate his Beneficiary and
he may from time to time change his Beneficiary. He may also select
any method of settlement available under the Plan for the payment of
any amount due a Beneficiary by giving written notice to the Trustees.
6.05 FAILURE TO DESIGNATE BENEFICIARIES
If a Participant shall fail to designate a Beneficiary as provided
above, the benefits under this Article, at the sole discretion of the
w
Administrator, may be paid to the following in order named:
1) Spouse
2) Children
3) Parents
4) Brothers and Sisters
5) Nephews and Nieces, and
6) the Legal Representative of such Participant or former
Participant for his estate.
This provision shall not be binding on any Insurer unless agreed upon
in writing by such Insurer.
6.06 PROCEDURE UPON DEATH OF PARTICIPANT
Upon the death of a Participant, the Plan Administrator shall take
action to have the policy proceeds and any proceeds due from the Con-
version Fund paid to the Participant's Beneficiary, or in accordance
with Section 6.05 above.
6.07
7.01
7.02
il. ils ttox[i)ssi i n'a ti siii1
If, at the death of any Participant, the Trustee shall be holding any
amount intended for the purchase of any policy on the Participant's
life, but coverage under such policy shall not yet be in force, the
Trustee shall pay such amount to the Beneficiary designated in the
application, if any, otherwise as provided in Section 6.05.
ARTICLE VII
POLICIES
AMOUNT OF INSURANCE
The benefits of this Plan, including retirement, death and other ben-
efits established herein, shall be provided in part by life insurance
policies on the lives of Insured Participants as provided in Part II
of the Adoption Agreement.
PURCHASE OF POLICIES
On the effective date and each anniversary date, the Trustee shall
19
0
apply to the Insurer for amoun
• such face amount of insurance.
effective date or on the first
next following a Participant's
7.03 TYPE OF POLICY
is of insurance necessary to provide
All insurance shall be issued on the
anniversary date coincident with or
entry into the Plan.
The insurance policy or policies shall be Ordinary Life, or as nearly
the equivalent thereof as practicable, individual or group, and where -
ever possible, shall contain a provision which shall permit, upon the
payment of an additional sum, an exchange or conversion of the Par-
ticipant's policy without medical examination, to a contract or agree-
ment which will provide a monthly income at retirement to the Parti-
cipant equal to the Early, Normal or Postponed Retirement Benefit as
the case may be; provided, however, the Trustees, at the direction
aof the Administrator, may cash in any policy and purchase from any
Insurer an annuity for the purpose of providing such retirement bene-
fit, or pay such benefit to the Participant directly from the Conver-
sion Fund.
7.04 TERM INSURANCE - ELECTION
Notwithstanding the above, the Administrator may elect to carry poli-
cies of term insurance on Participants as provided in Part II of the
Adoption Agreement; provided all Employees in like circumstances shall
be treated in like manner.
7.05 POLICIES TO BE Oh'NEI) BY TRUSTEE
The Trustee shall be the owner of the policies; it shall have all the
incidents of ownership and shall have the power to exercise the rights,
t.
options and privileges of an absolute owner, including the right to F.
fl
• change the Beneficiary, but shall exercise this latter power only
zi
=.
as directed by the Insured.
7.06 POLICIES NONTRANSFERABLE
Each Policy shall contain a nontransferability provision to the effect
that it may not be sold, assigned, discounted or pledged as collateral
for a loan or as security for the performance of an obligation or for
any other purpose to any Person other than the Insurer or the Trustee
of Trust qualified under Section 401(a) of the Internal Revenue Code;
except that a policy may be transferred to a Participant when such
transfer represents an interest to which he is entitled under the pro-
visions of this Plan.
7.07 MINIMUM AMOUNTS
No application shall be made for any policy on the life of a Partici-
pant, either on his entry date or on any subsequent anniversary date,
unless it meets the Insurer's minimum issue practices then in effect.
7.08 SERVICE REQUIREMENTS
Life insurance policies shall not be purchased for a Participant until
the anniversary following his fulfillment of the requirements set
forth in Part II of the Adoption Agreement.
7.09 NO ADDITIONAL INSURANCE AFTER CERTAIN AGE
No additional life insurance policies shall be purchased on the life
of a Participant who is over the maximum age specified in Part II of
the Adoption Agreement.
7.10 COOPERATION REQUIRED FOR INSURANCE
All rights to insured benefits under this Plan are contingent on the
Participant's cooperation with the Trustee and the Plan Administrator
in procuring the insurance, including but not limited to providing
C. the insurance carrier with all the required information needed to
I
21
underwrite tlpplication; and until such co ration is given by
the Participant, there can be no insured benefits on his behalf. Un-
less such cooperation in securing insurance is obtained within ninety
(90) days after notice to him of his eligibility, no insurance will
be issued prior to the next anniversary date at which tine it will be
issued (if insurable) at the Participant's then attained insurance
age, if he then cooperates in securing same.
ARTICLE VIII
PAYMENT OF BENEFITS
8.01 NORMAL RETIREICCNT BENEFIT
The normal form of retirement benefit is that which is provided in
Section 5.01 herein and in Part IV of the Adoption Agreement.
8.02 OPTIONAL FORM OF BENEFIT
C.
Li
Any Participant eligible to receive a Normal or Early Retirement
Benefit may, in accordance with Section 8.03 herein, elect to receive
such benefit under the normal form described in Section 5.01 herein
and in Part IV of the Adoption Agreement or to receive such retirement
benefit under one of the options contained in Section 8.04 herein. In
the event any Participant who has an eligible spouse retires and fails to
make such an election, any retirement benefits made hereunder shall be
made in accordance with option A herein with his eligible spouse as
contingent annuitant, and, if lie does not have an eligible spouse,
such benefits shall, be made under the normal form. The amount of•the
benefit shall be the Actuarial Equivalent of the retirement benefit
otherwise payable.
S.03 ELECTION OF OPTIO>.ALL FORM OP BENEFIT
Not less than nine (9) months before the Participant attains Early
22
I
Retirement Age, as provided in Part III of the Adoption Agreement,
the Plan Administrator shall provide to the Participant a retirement
application form, which shall describe in plain language the terms
and conditions of the optional forms of benefit and which shall pro-
vide for the Participant to indicate his benefit commencement date,
the election of the normal form or an optional form of benefit, and
his Beneficiary or the contingent annuitant. The completed retirement
application form should be returned to the Plan Administrator not
later than ninety (90) days prior to the Participant's benefit commence-
ment date. If the Participant files another retirement application
form after the earlier form and prior to his benefit commencement date,
the earlier form shall be deemed annulled.
Any Participant with an eligible spouse who is eligible to retire and
receive an Early or Normal Retirement Benefit shall be eligible at
Cr
any time prior to his benefit commencement date to file a retirement
application form with the Plan Administrator which shall have the
effect of an election of option A under Section 8.04 should the Par-
ticipant die before his benefit commencement date. Should the Parti-
cipant elect a Qualified Joint and Survivor Annuity prior to Normal
Retirement Date, the increased cost, if any, of having provided such
Qualified Joint and Survivorship benefits shall be taken into account
by reducing the Participant's retirement benefit under the Plan in an
equitable manner consistent with generally accepted actuarial princi-
pies applied on a consistent basis. In the event of such election,
the amount of the Survivor Annuity shall be the greater of:
a) 50% of the annuity which would have been payable assuming
the election had been made prior to his retirement and his
23
11
• retirement had occurred on the date immediately preceding
• the date of his death and within the period within which
an election can he made, or
b) the death benefit as provided under Part VI of the Adoption
Agreement.
For purposes of this Section (8.03) and Section 2.41 herein;
a) Benefit Commencement Date means the first day of the month
coincident with or next following the date the Participant
becomes eligible to receive such a benefit under the Plan.
b) Eligible Spouse means the lawful spouse of the Participant
as of the benefit commencement date, or as of the earlier
date of death of the Participant.
8.04 ALTERNATIVE OPTIONS
All or any part of any amount due a Participant or a Beneficiary here-
under may be payable under one or more of the following options:
OPTION A: Qualified Joint and Survivor Annuity - As defined
in Section 2.41 herein.
OPTION B: Life Annuity - Equal monthly installments for as
long as the Participant shall live.
OPTION C: Installments for a Fixed Period and Life Thereafter -
Equal monthly installments for a specified number of
years (which may be for 5, 10, 1S or 20 years), and
for as long thereafter as the Participant shall live.
OPTION D: Installments of a Specified Amount - A specified amount
to be paid in monthly, quarterly, semi-annual or annual
installments until the sum retained under this option,
together with interest earned on the unpaid balance
each year, is exhausted.
OPTION E: Installments for a Specified Period - Approximately.
equal annual, semi-annual, quarterly or monthly in-
stallments for a specified number of years.
OPTION F: Cash Settlement - The Present Value of the benefits
set forth herein in a lump sum.
OPTION G: Other Methods of Settlement - Such other method of
payment not prohibited by the terms of this Plan or
by the Code as amended by the Act which the Plan Ad-
ministrator shall deem to be a reasonable method of
payment.
w.J
24
•
,0
co
In all cases in which installment payments are to be made from the
Conversion Fund, interest at a rate not less than that being used by
the Actuary in determining the valuation of the Plan shall be included
on the unpaid balance. Notwithstanding anything to the contrary here-
in, the Trustee, pursuant to Instructions from the Plan Administrator,
shall have the right to pay the commuted value of any unpaid install-
ments which may be due under Option D, Option E or Option G above.
Such commuted value shall be calculated using the same rate of inter-
est used in computing the amount of such payments. In lieu of making
any payments due from the Conversion Fund, the Trustee, pursuant to
instructions from the Plan Administrator, shall have the right to pro-
vide the Participant or Beneficiary an annuity or other contract
issued by an Insurer in full satisfaction of the amount due the Par-
ticipant from the Fund. No option may be selected, however, which
will give less than fifty percent (50%) of the Present Value of the
total payments to the Participant. In no event shall any method of
distribution exceed the period of the life of the Participant or the
lives of the Participant and his spouse or that would be payable over
a period certain longer than the life expectancy of the Participant
or the Joint Life and Last Survivor expectancy of the Participant and
his spouse.
8.05 ULTIMATE DECISION TO BE MADE BY THE PLAN A IINISTRATOR
The Participant may exercise his right to select an option by notify-
ing the Plan Administrator in writing of his election; provided, how-
ever, that any and all ultimate decisions shall be made by the Plan
Administrator except the right to select the Qualified Joint and Sur-
vivor Annuity.
25
•
8.06 EFFECT OF EARLY DEATH ON SELECTION
„�• Such election (Sec. 8.04 above) shall not be effective if the Parti-
cipant dies within two (2) years after making such election, unless:
a) the Participant's death results from accidental causes,
b) failure to give effect to the election would deprive the
Participant's survivor of a survivor annuity, and
c) such election or revocation is made before such accident
occurred.
8.07 START OF PAYMENTS
Unless the Participant elects otherwise, the payment of any benefits
due under this Plan to the Participant shall begin not later than the
sixtieth (60th) day after the latest of the close in the Plan Year in
which --
a) the date on which the Participant attains the earlier of
age 65 or the Normal Retirement Age,
b) occurs the tenth (10th) anniversary of the year in which
the Participant commenced participation in the Plan, or
c) the Participant terminates his service with the Employer.
ARTICLE IX
VESTING
9.01 TERMINATION OF DiPLOYMEA'T
In the event employment of the Participant with the Employer is term-
inated under circumstances other than death, disability or retirement,
the Participant's rights shall be as provided in Sections 9.02 and
9.03.
9.02 EMPLOYEE CONTRIBUTIONS
The Participant shall have a nonforfeitable right to the Accrued Ben-
efit derived from his own contributions, if any, and the amount of
26
I
such Accrued Benefit shall be determined in the manner set forth in
Section 10.01 herein. Each Participant shall also have a fully
vested interest at all times in any amounts resulting from his volun-
tary contributions, rollover contributions or Predecessor Plan Assets.
9.03 EBIPLOYER CONTRIBUTIONS
A Participant shall have a nonforfeitable right to a percentage of
the Accrued Benefit derived from contributions made to this Plan by
the Employer. The amount of such percentage shall be as provided in
Part V of the Adoption Agreement. The amount of such Accrued Bene-
fit shall be determined in the manner set forth in Section 10.01 herein.
9.04 PAYhENT OF ACCRUED BENEFIT
Payment of the Accrued Benefit, if any, determined under this Arti-
cle, shall be as follows:
A) The Present Value of the Participant's Accrued Benefit
attributable to Employee contributions shall be paid to
him in cash unless he should elect otherwise in writing.
B) Payment of the Participant's Accrued Benefit attributable
to Employer contributions shall begin at his Normal Re-
tirement Age. Notwithstanding anything contained herein
to the contrary, if Part V of the Adoption Agreement pro-
vides for a lump sum payment of the vested interest in
the Present Value of a Participant's Accrued Benefit such
lump sum payment may be made in lieu of the foregoing.
C) If this Plan provides for the payment of an Early Retire-
ment Benefit, any Participant who has satisfied the ser-
vice requirements for such Early Retirement Benefit prior
to termination of employment under the conditions of this
Article shall be entitled to have paid to him a monthly
benefit commencing at the Participant's Early Retirement
Date which is the Actuarial Equivalent of his Accrued Ben-
efit.
D) In the event a Participant's vested interest in the Pres-
ent Value of all nonforfeitable rights attributable to
Employer contributions is equal to or less than $1750.00
payment thereof shall be paid in cash.
27
. I
9.05 RE -HIRED PARTICIPANT
I. Upon the rehiring of a terminated Participant who has received his
full nonforfeitable benefit at the time of termination, he shall
again be a Participant but his Accrued Benefit prior to termination
will not be restored unless he elects to and does repay the amount
so received with interest at 5% compounded annually. Benefits to
which he may subsequently be entitled shall be reduced by allowance
for any benefits previously received and not repaid. This provision
shall be uniformly applied to all Participants.
9.06 EFFECT OF BREAK IN SERVICE
If a Participant does not have a nonforfeitable benefit in any por-
tion of his Accrued Pension Benefit derived from contributions made
to this Plan by the Employer, years of service prior to a Break in
Service (as defined in Section 2.12) shall be taken into account in
C" determining the years of service in Section 9.03, and Part V of the
Adoption Agreement, unless the number of Breaks in Service equals or
exceeds the aggregate number of years of service prior to the Break
or Breaks in Service, in which event all service prior to the Break
or Breaks in Service may be disregarded.
9.07 ASSIGN'IENT OF INSURANCE POLICIES
Any terminated Participant shall have the right to acquire any or all
insurance or annuity policies on his life upon payment to the Trust
of the cash surrender value thereof and any unearned premium thereon.
All annuity contracts shall be endorsed as nontransferable when trans-
ferred to persons other than the Trustee as owner.
9.08 LEAVES OF ABSENCE
A Leave of Absence authorized by the Employer shall be subject to the'
I c• 9.09
following conditions and all Employees in like circumstances shall be
treated in like manner:
A) A leave of absence authorized by the Employer shall not be
construed as a termination of employment, unless the Employee
should fail to return at the end of the period of such leave.
B) Any Participant who enters the active service of the Armed
Forces of the United States shall be presumed to be on author-
ized leave of absence, while his employment rights are pro-
tected by law.
C) The Employer shall notify the Administrator of any authorized
leave of absence.
D) The policy held for a Participant on leave of absence may be
placed under the nonforfeiture provisions of the policy as
selected by the Trustees on the first anniversary date after
the beginning of the leave of absence. Upon his return to
employment, the Trustees shall make any necessary changes in
the policy on the Participant's life.
E) Any period of authorized leave of absence shall be considered
as continuous employment.
CHANGE IN VESTING SCHEDULE
If the vesting schedule of this Plan is amended at any time, any Par-
ticipant who has completed at least five years of service with the Em-
ployer may elect to have the nonforfeitable percentage of his Accrued
Benefit determined without regard to such amendment. Such election
is irrevocable and must be made during the period begimung on the
date the amendment is adopted and ending sixty (60) days after the
later of:
a) the date the amendment is adopted,
b) the day the amendment becomes effective, or
c).the day the Participant is issued written notice of the
amendment.
This election is only available to an individual who is a Participant
at the time the election is made
The Participant shall be considered.
29
to have conq)leted the required five years of service if he does so
prior to the end of the election period.
ARTICLE X
ACCRUED PENSION BI2IEFIT
10.01 COMPUTATION OF ACCRUED BENEFIT
(A) IN GENERAL - The amount of a Participant's Accrued Benefit
shall TreIiis Anticipated Normal Retirement Benefit multi-
plied by a fraction, not exceeding 1, the numerator of
which is the total number of his years of participation
in the Plan as of the determination date and the denomina-
tor of which is the total number of years he would have
participated in the Plan if he separated from service at
the Normal Retirement Age.
(B) A' OUNT ATTRIBUTABLE TO EMPLOYER CONTRIBUTIONS - The amount
of Accrued Benefit attributable to Employer contributions
shall be the amount computed under (A) above, less the
Accrued Benefit attributable to Employee mandatory contri-
butions as computed under (C) following.
(C) AA3U\T ATTRIBUTABLE TO EMPLOYEE CONTRIBUTIONS - The Accrued
• Benefit attributable to the Participant's mandatory contri-
butions, if any, shall be computed as follows:
i) Step One - Accumulate the total mandatory contribu-
tions made by the Participant to the Plan after the
date lie became a Participant to the effective date
of this amendment with interest, if any, at the rate
provided in the Plan prior to the effective date of
this amendment.
ii) Step Two - Accumulate the amount as determined in
Step One and any mandatory contributions made to the
Plan by the Participant from the date of this amend-
ment to the Participant's Normal Retirement Date with
interest compounded annually at the rate of five
percent (5a); or at such other rate as may be pre-
scribed by the Secretary of the Treasury or his delegate.
iii) Step Three - Determine the amount of annual income at
Norval Retirement Age attributable to the Participant's
mandatory contributions by multiplying the result's of
Step Two by ten percent (1000) for a straight life
annuity or such other Conversion Factor as shall
30
be ascribed by the Secretary of ti 'reasuiy or
his ]crate, and further adjusted b he appropriate
Actuarial Adjustment factor or factors also prescribed
by the Secretary of the Treasury or his delegate to
convert such benefit to the Normal Retirement Benefit
described in Section 5.01.
The Accrued Benefit attributable to the Participant's mandatory contri-
butions to the Plan is nonforfeitable and if it is more than the amount
of Accrued Benefit as computed under (A) above, exclusive of interest,
the difference must be paid by the Employer.
ARTICLE XI
CLAIMS PROCEDURES
11.01 FILING OF CLAIMS
A Participant or Beneficiary or the Employer acting in his behalf,
shall notify the Plan Administrator of a claim for benefits under
the Plan. Such requests may be in any form acceptable to the Plan
Administrator and shall set forth the basis of such claim and shall
authorize the administrator to conduct such examinations as may be
necessary to determine the validity of the claim and. to take such
steps as may be necessary to facilitate the payment of any benefit
to which the Participant or Beneficiary may be entitled under the
terms of the Plan.
11.02 PROCEDURE ON DENIAL OF CLAIMS
Ithenever a claim for benefits by any Participant or Beneficiary has
been denied, a written notice, prepared in a manner calculated to
be understood by the Participant, must be provided, setting forth
the specific reasons for the denial and explaining the procedure for
an appeal and review of the decision by the Plan Administrator.
ci3l.
11.03 REVIEW OF DECISION
Every Participant or Beneficiary whose claim for benefits has been
• denied shall be given an opportunity for a full and fair review of
the decision by the Employer. A Participant or Beneficiary shall be
. entitled, either in his own name or in conjunction with any other
interested parties, to bring such actions in law or to undertake such
administration or to seek such relief as may be necessary or appro-
priate to compel this disclosure of any required information, to
enforce or protect his rights, to recover present benefits due to him
or to clarify his rights to future benefits under the Plan.
ARTICLE XII
PAYMENT OF CONTRIBUTIONS
12.01 COST OF PLAN
The cost of the Plan shall be financed by contributions made to the
Trust from time to time by the Employer or by joint contributions
made to the Trust from time to time by the Employer and Employees as
provided in Part VII of the Adoption Agreement.
12.02 APPLICATION OF Frti4PLOYEE'S CONTRIBUTION
Contributions, when required of Employees, shall be applied by.the
Trustees as provided in Part VII of the Adoption Agreement.
12.03 VOLUNTARY CONTRIBUTIONS
If permitted in Part VII of the Adoption Agreement, a Participant may
make voluntary contributions to the Trust each year provided the total
of such voluntary contributions to all qualified plans does not exceed
the greater of 10% of his earnings from the Employer for such year -or
10% of his aggregate earnings from the Employer for all years since he
32
.. I .
became a Participant hereunder. Participation in the Plan or the
�• payment of benefits from Employer contributions shall not be contin-
gent upon such voluntary contributions.
a) Withdrawal of Contributions: Upon 30 days prior written
notice to the Plan Administrator, a Participant may with-
draw an amount not to exceed the lesser of (i) the aggre-
gate amount of his voluntary contributions or (ii) the
value attributable to his contributions as of the next
Valuation Date. Any earnings or gains on such contribu-
tions cannot be withdrawn until the Participant's termi-
nation, death, disability or retirement.
b) Investment of Contributions: A Participant may request
the Plan Administrator to invest his voluntary contribu-
tion in any manner consistent with the orderly administra-
tion of the Plan and the investment of its assets.
c) Separate Records: The Plan Administrator shall maintain
separate recce as to the voluntary contributions of
each Participant.
d) change in Amount: A Participant shall have the right to
discontinue or change the amount of his voluntary contri-
butions at any time, except that, following any such dis-
c,` • continuance or change, he may not resume voluntary contri-
butions or make another change in the same Plan Year. A
Participant shall make any request for commencement, change
or discontinuance of voluntary contributions in writing and
shall deliver it to the Plan Administrator prior to the
date on which such commencement, change or discontinuance
is to take effect. Written notice shall include any nec-
essary authorization for payroll deductions.
e) Vesting: Voluntary contributions by a Participant shall be
fully and immediately vested in such Participant. After
the investment of such contributions, the value attributable
thereto may be more or less than the dollar amount contribu-
ted.
12.04 ROLLOVERS
With the permission of the Plan Administrator and without regard to
any aforementioned limit, the Plan may receive any amounts therefore
received by a Participant from a qualified plan, either directly
within sixty (60) days after such receipt, or through the medium of
an Individual Retirement Account, provided that such Account contains
'SI
. S 1
no assets other than those attributable to Employer contributions
t
4✓
C.
C!
under qualified plans.
12.05 PREDECESSOR PLAN ASSETS
Pursuant to Instructions from the Plan Administrator, the Trustee may
receive and invest the assets of any Predecessor Plan as long as each
Participant would (if the Plan terminated) receive a benefit equal to
or greater than the benefit he would have been entitled to receive
before the receipt of the assets of the Predecessor Plan.
12.06 ALLOCATION OF FORFEITURES
All forfeitures shall be retained until after a Break in Service has
occurred as to the terminated Participant and shall then be applied
to reduce Employer contributions.
ARTICLE XIII
CONVERSION FUND
13.01 DEFINITION
The Employer agrees to contribute to a fund which shall be set up
for the purpose of providing such sums of money as may be required
to provide that portion of the Normal Retirement Benefit that is not
provided in full by the cash values of the policies on the Partici-
pant's life, and to pay such Plan expenses as provided in Section
15.07 which are not paid by the Employer. Such fund shall be called
the "Conversion Fund". The method of calculating the sun of money
to be deposited periodically to this fund shall be as provided in
Section 13.02.
13.02 DETERMINATION OF AMOUNT EACH YEAR
The Actuary shall determine the amount necessary to be deposited
34
S
annually, which in addition to the cash value of the insurance poll-
,_• ties, will produce a total amount on the Normal Retirement Date of
the Participant sufficient to provide the Normal Retirement Benefit
as called for under the terms of Article V. The calculations required
to determine such installments shall be made in accord with accepted
actuarial principles and may include such amounts as may be required
to pay expenses incurred pursuant to the terms hereof.
13.03 VALUATION OF ASSETS
The method used for valuation of Plan Assets in calculating contri-
butions to this Plan shall be a reasonable actuarial method of val-
uation which takes into account fair market value of all assets held
in the Trust.
13.04 INVESTvENT POLICY
This Plan has been established for the sole purpose of providing ben-
efits to the Participants and their Beneficiaries. In determining
the investments hereunder, the Trustee shall take account of the
advice provided by the Plan Administrator as to a funding policy and
the short and long range needs of the Plan based on the evident and
probable requirements of the Plan as to the time benefits shall be
payable and the requirements therefore.
13.05 INVESTMENT MEDIA
Benefits for Participants may be provided through any investment media
offered by the Insurer, or through the purchase of shares in any regu-
lated Investment Company as defined in Section 351(a) of the Internal
Revenue Code, or through investment in any common trust fund of any
bank or trust company, or through any investment proper and appropriate
to be made by the Trustees in accordance with Section 15.05 or through
35
S. •
any combination of such investments.
H:.
H.
I •
13.06 FUNDING STANDARD ACCOUNT
A funding standard account shall be established and maintained. The
account shall be debited and credited with appropriate amounts as
required under Section 302 of ERISA.
ARTICLE XIV
THE INSURER
14.01 INSURER NOT PARTY TO AGREBEENT
The Insurer is not a party to this agreement, and has no responsibil-
ity for its validity and no Person at any time may make the Insurer a
party thereto.
14.02 RESPONSIBILITY OF INSURER
The responsibilities of the Insurer shall be limited to the terms of
its policies. Al]. modification, alterations or changes in this agree-
ment shall be made Ionown to the Insurer in writing.
14.03 RELIANCE ON TRUSTEE
The Insurer shall deal with the Trustee as sole owner of the policies
issued under this Trust. The Insurer shall be fully protected in
relying on the statements of the Trustee, provided same are in writing.
14.04 NOTICE IN CASE OF TERMINATION
The Insurer may expect this Trust to continue as is, with the named
Trustee, until notified otherwise in writing at its home office.
ARTICLE XV
ADMINISTRATION -PLAN ADMINISTRATOR
15.01 PLAN ALNINISTRATOR
The Employer shall designate the Person to serve as Plan Administra-
36
tor. The Person so designated shall signify in writing his accep-
tance of this responsibility.
15.02 DUTIES OF PLAN ADMINISTRATOR
The Plan Administrator shall be responsible for the following:
a) Application of rules determining eligibility for participa-
tion;
b) Calculation of service and compensation credits for bene-
fits;
c) Preparation of Employee communications material;
d) Maintenance of Participant's service and employment records;
e) Preparation of reports required by government agencies;
f) Calculation of benefits;
g) Orientation of new Participants and advising Participants
of their rights and options under the Plan;
h) Collection of contributions and application of contribu-
tions as provided in the Plan;
i) Preparation of reports concerning a Participant's benefits;
j) Processing of claims;
k) Making recommendations to others for decisions with respect
to Plan Administration;
1) The Plan Administrator shall notify the Trustees in event
of a Participant's:
(i)
eligibility,
(ii)
death,
(iii)
disability,
(iv)
retirement, or
(v)
termination
m) The Plan Administrator shall also employ an Accountant and
Actuary required to administer the Plan according to legal
- requirements.
15.03 DELEGATION OF RESPONSIBILITIES
The Plan Administrator may engage agents to assist him in carrying
out his functions hereunder.
37
L•
•
If there is an Administrative Committee, its members are expressly
authorized to allocate Fiduciary responsibilities, other than Trustee
responsibilities, to named Persons or parties, provided such alloca-
tions or delegation is evidenced in a signed written document, which
must be retained with the other Plan documents.
The Plan Administrator may appoint, in writing, an Investment Mana-
ger and delegate to him the authority to manage, acquire, invest or
dispose of all or any part of the Trust Assets. With regard to the
assets entrusted to his care, the Investment Manager shall provide
written instructions and directions to the Trustee who in turn shall
be entitled to rely upon such written direction.
15.04 DECISIONS OF PLAN ADMINISTRATOR FINAL
Any determination by the Plan Administrator as to the amounts of or
eligibility for benefits of any Participant shall be final and con-
clusive on all Persons and parties whomsoever to the fullest extent
permitted by law.
15.05 FUNDING POLICY
The Administrator shall develop a funding policy which shall consi-
der the short and long range needs of the Plan r, liquidity and in-
vestment growth, based on the evident and probable requirements of
the Plan as to the time benefits are likely to become payable. Such
funding policy shall be communicated to the Trustee who shall take
the same into account in making investments hereunder.
15.06 GENERAL AD}IINISTRATION
The Administration shall give the Trustee a list of Participants as
of the Adoption Date of the Plan showing their names and such other
information as is necessary for the Trustees to carry out its duties.
W
• 0
The Administrator shall bring the list and information up to date as
• of each subsequent Plan Anniversary. The Trustee shall hold all in-
surance contracts and investment funds under the Trust in accordance
with Instruction from the Administrator or his duly authorized repre-
sentative.
15.07 EXPENSES AND CC%NPENSATION
The expenses necessary to administer the Plan shall be borne by the
Employer, including but not limited to those involved in retaining
necessary professional assistance from an attorney, an accountant,
an actuary or an investment advisor. The Employer shall furnish
the Plan Administrator with such clerical and other assistance as
is necessary in the performance of its duties. Nothing shall prevent
the Plan Administrator from receiving reasonable compensation for
services rendered in administering this Plan provided the Plan Admin-
istrator is not a full-time Employee of any Employer creating this
Plan. Notwithstanding the foregoing, any such expenses not paid by
the Employer may, upon authorization by the Plan Administrator, be
paid by the Trustee.
15.08 RESIGNATION AND RENDVAL
The Plan Administrator may resign at any time by delivering to the
Employer a written notice of resignation, to take effect at a date
specified therein, which shall not be less than thirty (30) days after
the delivery thereof, unless such notice shall be waived.
The Plan Administrator may be removed with or without cause by the
• Employer by delivery of written notice of removal, to take effect at
a date specified therein, which shall be not less than thirty (30)
days after delivery thereof, unless such notice shall be waived,
39
•
�
*
L
L�
The Employer upon receipt of or giving notice of the resignation or
removal of the Plan Administrator, shall promptly designate a succes-
sor Plan Administrator who must signify acceptance of this position
in writing. In the event no successor is appointed, the Board of
Directors of the Employer will function as the Administrative Committee
until a new Plan Administrator has been appointed and has accepted
such appointment.
15.09 INFORMATION FROM EMPLOYER
To enable the Plan Administrator to perform his functions, the Em-
ployer shall supply full and timely information to the Plan Admini-
strator on all matters relating to the compensation of all Partici-
pants, their regular employment, retirement, death, disability or
termination of employment, and such other pertinent facts as the Plan
Administrator may require; and the Plan Administrator shall advise
the Trustee of such of the foregoing facts as may be pertinent to the
Trustee's duties under the Plan. The Administrator is entitled to
rely on such information as is supplied by the Employer and shall have
no duty or responsibility to verify such information.
15.10 AWINTSTRATIVE CaMMITTEE
In the event that more than one Person has been duly nominated to serve
•
on the Administrative Committee and each has signified in writing the
acceptance of such designation, such Committee shall act by a majority
of its members at the time in office and such action may be taken by a
vote at a meeting or in writing without a meeting.
15.11 GLANDES IN PLAN ADMINISTRATOR AMORITY
If a new Plan Administrator is appointed in accordance with Section
15.01 above, no party which has previously had dealings with the Plan
40
•
Administrator shall be chargeable with knowledge of such appointment
or such change until furnished with notice thereof at its principal
office. Until such notice is given, such party shall be fully pro-
tected in relying on any action taken or signature presented which
would have been proper in accordance with that information previously
received.
15.12 INVES'IMEM' MANAGER
When an Investment Manager has been appointed
15.03, he is required to acknowledge in writi
taken a Fiduciary responsibility with respect
In order to serve as an Investment Manager, a
a) A registered investment adviser under the
Act of 1940, or
pursuant to Section
zg that he has under -
to this Plan.
Person must qualify as:
Investment Adviser
b) A bank, as defined in that Act, or
�• c) An insurance company duly authorized to perform such services
under the laws of more than one state, or
d) In any other manner determined by any Regulations issued
pursuant to authority granted by ERISA.
ARTICLE XVI
AMMENT AND DISCONTINUANCE OF THE PLM
16.01 CONDITIONS OF AMENTMEENT
The Employer by action of its Board of Directors, may amend this
Plan at any time, provided, however:
a) That no amendment shall have a retroactive effect so as to
deprive any Participant of any vested or nonvested inter-
est in contributions previously made except that no amend-
ments made to conform to the Internal Revenue Code or any
other Federal or State statute, regulations or official
ruling, shall be considered prejudicial to the Partici-
pants, and
b) That no amendment shall ever cause any part of the Trust
41
'.
to revert to the Employer, and provided further
c) That no amendment will violate the restrictions, if appli-
cable, as set forth in Article XVIII.
16.02 CONTINUANCE NOT A MATTER OF CONTRACT
The Employer expects to continue contributions to the Trust indefin-
itely; however, such continuance is not assumed as a contractual ob-
ligation.
16.03 RIGHT TO TTM1INATE RESERVED
The Employer reserves the right to terminate this Trust at any time,
subject to provisions set out herein.
16.04 INVOLUNTARY TERMINATION BY EMPLOYER
This Plan and Trust shall terminate if the Employer shall be dissolved,
declared bankrupt, or upon its merger with another corporation, ex-
cept that any successor in business may continue the Plan and Trust
by assuming its liabilities and obligations.
16.05 VESTING ON TERMINATION
In the event of complete discontinuance of contributions, termination
or partial termination of the Plan, the Present Value of the Accrued
Pension Benefit of such Participant shall be nonforfeitable and his
policies and other interests shall be distributed by the Trustee, sub-
ject however, to the restrictions imposed by Section 18.01. If the
Plan is terminated following suspension of contributions, the Employee's
right in the Plan shall become fully vested as set forth herein as
of the time of suspension of contributions to the Trust.
16.06 RIGHT TO SUSPEND CONTRIBUTIONS RESERVED
The Employer may also suspend contributions to the Trust, in which
case the Trustee shall continue to hold each Participant's account
CF
•
in the Trust, and the Trustee shall take such action on the policies
as the Administrator shall. direct.
16.07 REVERSION OF TRUST PRINCIPAL OR INCQ�1E
In no event shall any of the Trust principal or income be used for
any purposes other than the exclusive benefit of the Participants or
their Beneficiaries, prior to the satisfaction of all liabilities to
such Participants and their Beneficiaries. It shall be impossible
for any alteration or amendment made pursuant to the provisions of
this Plan to cause any of the Trust principal or income to be used
for any purpose other than the exclusive benefit of Participants and
their Beneficiaries.
16.08 ALLOCATION OF ASSETS TN EVENT OF TERMINATION
In the case of the termination of the Plan, the Plan Administrator
shall allocate the assets of the Plan (available to provide benefits)
Q-' among the Participants and Beneficiaries of the Plan in the following
order:
1) First, to that portion of each individual 's Accrued Benefit
which is derived from the Participant's contributions to
the Plan which were not mandatory contributions.
2) Second, to that portion of each individual's Accrued Benefit
which is derived from the Participant's mandatory contribu-
tions.
3) Third, in the case of benefits payable as an annuity ---
a) in the case of the benefit of a Participant or
Beneficiary which was in pay status as of the be-
ginning of the three-year period ending on the
termination date of the Plan, to each such bene-
fit, based on the provisions of the Plan (as in
effect during the five-year period ending on such
date) under which such benefit would be the least.
b) in the case of a Participant's or Beneficiary's
benefit (other than a benefit described in subpara-
graph (a) which would have been in pay status as
43
• •
of the beginning of such three-year period if the
Participant has retired prior to the beginning of
(a the three-year period and if his benefits had com-
menced (in the normal form of annuity under the
Plan) as of the beginning of such period, to each
such benefit based on the provisions of the Plan
(as in effect during the five-year period ending
on such date) under which such benefit would be
the least.
For purpose of subparagraph (a), the lowest benefit in pay status
during a three-year period shall be considered the benefit in pay
status for such period.
4) Fourth,
a) to all other benefits, if any, of individuals under
the Plan guaranteed under this title (determined
without regard to Section 4022(b)(5)), and
b) to the additional benefits, if any, which would
be determined under subparagraph (a) if Section
4022(b)(6) did not apply.
For purposes of this paragraph, Section 4021 shall be applied without
C regard to subsection (c) thereof.
5) Fifth, to all other nonforfeitable benefits under the Plan.
6) Sixth, to all other benefits under the Plan.
7) Seventh, any residual assets of this Plan may be distributed to
the Employer, if:
a) all liabilities of the Plan to Participants and their
Beneficiaries have been satisfied, and
b) the distribution does not contravene any provisions
of law.
16.09 NOTICES IN Ellarr OF TERMINATION
In the event of termination, the Plan Administrator shall notify the
Pension Benefit Guaranty Corporation that the Plan is to be terminated
at least ten (10) days prior to the date of termination and no amounts
shall be distributed for a period of ninety (90) days after the pro -
1•
44
posed termination, unless he receives a notice of sufficiency from
such corporation before that date. The Plan Administrator shall also
notify the District Director of the Internal Revenue Service of such
termination or posposed termination as well as the Trustee and the
Insurer.
16.10 MERGER OR CONSOLIDATION OF PLANS
In the event:
1) there is a merger or consolidation of this Plan with another
Plan, or
2) there is a transfer of the assets or liabilities of this
Plan to any other Plan.
Then each Participant under the Plan will be entitled to receive a
benefit immediately after such merger, consolidation or transfer which
is equal to or greater than the benefit he would have been entitled to
receive immediately before such merger, consolidation or transfer if
this Plan had then been terminated.
ARTICLE XVII
TRUST
17.01 TRUST AGREEMENT
In order to implement the Plan, the Company has entered into one or
more agreements of Trust to the end that such funds as may be contri-
buted from time to time for the payment of all or any part of the
benefits under the Plan shall be segregated from the Company's own
assets and held in trust by the Trustee for the exclusive benefit of
the- Participants or their Beneficiaries under the Plan who may, in
accordance with the terms of the Plan and such agreements of Trust,
be entitled to participation thereunder
The Employer may, with the
45
-.
•
concurrence of the Trustee, pay any contributions required by the Plan
�• and the Adoption Agreement, directly to the Insurer or its authorized
agent, and such payment shall be deemed to be payment to the Trust and
a prompt disbursement by the Trustee to the Insurer.
17.02 TRUST FUND
It shall be impossible under any circumstances at
the satisfaction of all liabilities with respect
their Beneficiaries for any part of the corpus or
Ftmd to be used for or diverted to purposes other
benefit of the Participants of the Plan and their
ARTICLE XVIII
any time prior to
to Participants and
income of the Trust
than the exclusive
Beneficiaries.
MISCELLANEOUS PROVISIONS
18.01 LIDfITATIONS ON DISTRIBUTIONS AS REQUIRED BY REG. 1.40-4(c)(2)
Notwithstanding any provisions in this Agreement to the contrary,
benefits shall be limited by this Section as follows:
a) The limitations of Section 18.01 shall apply only during the
first ten years beyond the effective date of this Trust, or
until full current costs have been met, whichever is later.
b) The limitations of Section 18.01 shall apply only in the event:
1) the Plan is terminated, or
2) the current costs of the Plan shall not be met.
The payment of retirement and death benefits shall
not be restricted while the Plan is in full effect
and current costs shall have been met.
c) The limitations of Section 18.01 shall apply only to those
of the twenty-five highest paid Employees as of the effective
date of this Trust whose Anticipated Yearly Retirement
Benefits purchased by the Employer contributions exceed fif-
teen hundred. dollars. ($1,500)
d) The benefit payable to any such Participant or his Beneficiary
as purchased by Employer contributions shall be limited to
that purchased by the greater of:
46
1) Employer contributions which would have been made
for the Employee's benefit if the Plan had not been
c. amended.
2) twenty thousand dollars ($20,000), or
3) the sum of Employer contributions to be applied for
the Employee's benefit under the previous Plan if
it terminated on the day before the effective date
of the amendment and an amount computed by multi-
plying the number of years for which the current
costs of the Plan after that date are met by the
smaller of:
i) twenty percent (20%) of his annual compensation,
or
ii) ten thousand dollars ($10,000)
In the event of termination of the Trust within ten years
after its effective date, all excess benefits resulting
from the restrictions described in subsection (d) shall be
divided among the Participants not affected by such restric-
tions as follows:
In the same proportion as the value of each
such Participant's interest in the Conversion
Fund attributable to the Employer's contribu-
tions bears to the total of all such Partici-
pant's interests in the Fund.
e) So long as the full current costs of the Plan have been met,
benefits that become payable before the tenth anniversary of
the effective date of the Plan to a member or former member
who would be affected by paragraph D if the Plan were termi-
nated, may be paid in full to the extent they do not exceed
the level amounts of annuity provided by the standard form
of retirement benefit. Any balance of the benefit shall be
paid only if subject to an agreement by the distributee to
refund any excess of the amount paid over the amount permit-
ted by paragraph D if the Plan is terminated before the
tenth anniversary of such effective date, or if the full
current costs for such portion of the ten year period follow-
ing such effective date, as has elapsed are not paid and if
such repayment is secured by deposit in escrow under agreement
with the Trustee of property having a market value of one
hundred twenty-five percent (7.25%) of such excess with a
further agreement by the distributee to maintain the value
of the escrow at not less than one hundred ten percent (110%)
of such excess. In the event a Plan is amended so as to
increase substantially the extent of possible discrimination
ft as to contributions and as to benefits actually payable in
event of the subsequent termination of the Plan or the subse-
quent discontinuance of contributions thereunder, then the
47
0
provisions of this paragraph D shall be applied as if the
amendment constituted a new Plan on the date of such amendment.
Ce 18.02 PLAN NOT A COACT OF 111PLOYMENT
This Plan does not constitute a contract of employment, nor does it
amend any such contract.
18.03 AMBIGUITIES OR OTTER UNCERTAINTIES
In the event of ambiguities or other uncertainties in this Plan, the
Plan Administrator after securing legal advice shall make a decision.
Written notice of such decisions shall be given to the appropriate
Persons. The Trustee may make rulings and decide questions arising
under the Trust.
18.04 SEPARABILITY OF PARTS
If any provision of this Plan is invalid or unenforceable, this shall
not affect any other provision of the Plan.
L* 18.05 NECESSARY ACTS
All parties claiming an interest in the Plan agree to perform all
acts necessary in the execution of the Plan.
18.06 ALIENATION OR ASSIGNMENT
No Participant shall have the right to alienate or assign benefits
provided under this Trust, except as provided herein.
18.07 LAW APPLICABLE
This agreement and the Trust hereby created shall be -construed, regu-
lated and administered under the laws of the state in which the Adop-
tion Agreement is signed, and the Trustee shall be liable to account
only in the courts of that State or the District Courts of the United
States. All contributions received by the Trustee hereunder shall be
deemed to have been received in said state.
C (END OF PLAN)
IA
SPLIT FUNDED DEFINED BENEFIT
MUNICIPAL TRUST AGREEIENT
FOR THE
ELOYEES OF
THE CITY OF FAYETfEVILLE
FAYETTEVILLE, ARKANSAS
i .
TABLE OF CONTENTS
FORE{tARD
Page
T-1
ARTICLE
I
DEFINITION OF TERMS
Page
T-1
ARTICLE
II
POWERS AND DUTIES OF THE TRUSTEE
Page
T-2
ARTICLE
III
TENURE AND EXPENSES OF THE TRUSTEE
Page
T-6
• ARTICLE
IV
ADMINISTRATION AND DISTRIBUTION OF THE TRUST FUND
Page
T-7
ARTICLE
V
CERTAIN POWERS OF THE TRUSTEE
Page
T-8
ARTICLE
VI
SPENDTHRIFT PROVISION
Page
T-14
ARTICLE
VII
AMENLNENiT AND TERMINATION
Page
T-14
ARTICLE
VIII
EFFECTIVE DATE AND STTUS OF TRUST
Page
T-16
• TRUST AGRw4EWT•
(Defined Benefit)
c •�-- This agreement, by and between the Employer named in the attached
Adoption Agreement (hereinafter called the 'T2nployer") and the Trustee or
Trustees who are signatory to such Plan (hereinafter called the "Trustee")
WITESSETH:
WHEREAS, the Employer has adopted a Defined Benefit Retirement Plan
(hereinafter called the 'Plan"), a copy of which is attached hereto and
which, as amended from time to time, is incorporated herein by reference;
WHEREAS, under the Plan, funds will be contributed to the Trustee,
which funds will constitute a Trust Fund to be held for the benefit of Par-
ticipants under the Plan and their Beneficiaries;
NOW, THEREFORE, the Employer and Trustee do hereby declare and agree
• as follows:
ARTICLE I
DEFINITION OF TERMS
I t,
Unless the context of this agreement clearly indicates otherwise, the
terms defined in the Plan shall, when used herein, have the same mean-
ing as in the Plan.
1.2 INSTRUCTION
As used herein, the word "Instruction" or "Instructions" shall mean
only written direction, notice, authorization or other written infor-
mation directed to the Trustee by the Administrator or his duly author-
ized representative.
1.3 ERISA
CO
The term 'tRISA" means the Dnployee Retiranent Income Security Act of
T-1
0
1974, as from time to time amended.
1.4 (QUALIFYING SECURITIES
"Qualifying Securities" means a Security issued by the Employer, or
by an affiliate of the Employer.
1.5 EMPLOYER REAL ESTATE
"Employer Real Estate" means real property (and related personal
property) which is leased to the Employer or to an affiliate of the
Employer.
1.6 MARKETABLE OBLIGATION
"Marketable Obligation" means a bond, debenture, note, certificate
or other evidence of indebtedness.
ARTICLE II
POWERS AND DUTIES OF THE TRUSTEE
2.1 CONTRIBUTIONS AND TITLE TO TRUST PROPERTY
All funds and contracts received by the Trustee pursuant to the
terms of this Agreement shall be held by the Trustee in trust for
the uses and purposes herein set forth. The Trustee shall be re-
sponsible only for such funds or contracts as shall be received by
it as Trustee. The Trustee shall be under no duty to collect any
contribution the Employer has obligated itself to make to the Trust
or any contribution which any Participant has agreed to make to the
Trust. The Trustee shall, further, be under no duty to determine
that any contribution which it receives is in compliance with any
obligation to contribute made by the Employer or any Participant.
Legal title to property (including contracts) of this Trust shall
be vested in the Trustee.
•y;
a
T-2
S. •
2.2 RELIANCE ON INSTRUCTION
• Except as otherwise noted in this agreement, the Trustee shall act
upon Instruction from the Administrator or his duly authorized rep-
resentative. The Trustee shall make payment only to such persons,
in such manner, at such time and in such amounts as shall be speci-
fied in an Instruction, and the Trustee shall be fully protected in
making a payment pursuant to Instruction. Any Instruction delivered
to the Trustee may be accepted by the Trustee as accurately stating
the facts involved, correctly interpreting the provisions of the
Plan and correctly directing any actions to be taken by the Trustee.
Except to the extent prescribed by Section 410(a) of ERISA, no Trustee
shall be liable for any act or failure to act if such action or fail-
ure to act was in good faith, and an honest effort to carry out the
purpose and intent of this agreement. Under no circumstances, how -
.7 ever, shall any Trustee, Officer, Director or member of any Board
or other body of authority representing the Employer, or any member
of the Administrative Committee, if any, be relieved of liability
for proven negligence, willful misconduct or bad faith.
2.3 TRUSTEE DISCRETION
The Trustee may request Instruction or clarification of Instruction
from the Administrator and may delay acting pursuant to Instruction
until clarification requested is received. If it is impossible for
the Administrator to furnish Instruction or if the Administrator,
after the Trustee requests Instruction, fails to furnish Instruction,
the Trustee may take such action to carry out the provisions of the
Plan as it shall deem proper.
�• 2.4 FhNPLOYMEiNTT OF LEGAL COUNSEL
The Trustee may consult with its own legal counsel or with the Em -
T -3
. .
ployer's legal counsel with respect to determining its obligations or duties hereunder and shall be fully protected in acting or failing
to take action pursuant to the advice of such counsel. Should the
Trustee believe itself to be under a duty to institute suit or main-
tain any litigation, it shall inform the Employer of such fact and
the Employer covenants that it will contract with the Trustee to pay
such fees, cost disbursements, and all other expenses and liabilities
to which the Trustee is found to be subject by such action on its
part.
2.5 INFOFMATION FRGI EMPLOYER
The Trustee may inspect the books and records of the Employer or Ad-
ministrator to determine any facts necessary to enable it to perform
its duties, or the Trustee may rely on any statement of the Employer
or Administrator. However, the Trustee shall be under no duty to
�• determine whether a person has satisfied the eligibility requirements
to be a Participant, or to determine whether a Participant is eligi-
ble for benefits or the amount of benefits to which a Participant or
his Beneficiary or heirs or estate may be entitled.
2.6 LIMITATIONS ON INDIVIDUAL TRUSTEE
If there shall be more than one Trustee, the Trustees shall act through
a majority but may meet informally or take action without meeting as a
group. No Trustee who is a Participant under this agreement shall
take any action in connection with or arising out of his participation
as an individual. Any action required in connection with the partici-
pation of such Trustee shall be taken by another Trustee, or by the
Administrator.
2.7 ANWAL ACCOUNTING
The Trustee shall render to the Employer an annual accounting on the
T-4
. .
• basis of
;calendar
jng peril
-ma(e and
the Trust's established annual accounting period, or on a
year basis in the absence of an established annual account -
)d showing receipts, disbursements, the charges and credits
the total fair market value of the Conversion Fund under the
.Employer's Plan. The Employer's approval of the Trustee's account-
-ing will be assumed at the end of ninety (90) days after receipt by
-:he Employer unless the Trustee is notified otherwise. As of each
Plan Anniversary, a schedule shall be prepared by the Administrator
(or other party to whom he has delegated this duty), listing the Par-
ticipants and former and retired Participants who have made voluntary
wntributions, if any, showing the value of their respective volun-
tary contribution accounts.
.Z.8 BOOKS AND RECORDS
• -The records and books of account relating to the Trust FL^id shall be
-wren at all reasonable tines for inspection by the Employer or Admin-
C •
.ictrator, or by any Person designated in writing by either, or any
�erson or party to which such records are required to be opened to
Anple-ient the provisions of ERISA.
.2.9 RETURNS
-The Trustee shall file all returns, reports and information required
-tof the Trust by law. The Trustee shall cooperate with all Persons
end parties whomsoever to enable such Person or party to prepare
_reports and information as required by ERISA.
2:30 -RESPONSIBILITY OF TRUSTId
'he Trustee shall not be responsible for the validity or tax-exempt
status of this Trust Agreement under any law, or for the qualifications
-of the Plan including any amendment thereto under any law, or for the
I -s
compliance of the Plan or the Trust or any provision thereof with
L ERISA or for the validity of any contract, or for the act of any
C.
Person which may render any contract unenforceable either in whole or
in part. The Trustee shall be under no duty to determine that any
contract issued to it pursuant to an Instruction is in compliance
with the terms of the Plan or the Adoption Agreement.
2.11 CONCERNING EXCULPATORY PROVISIONS
3.1
3.2
Notwithstanding any provision in the Plan or Trust to the contrary,
any provision in the Plan or Trust which purports to relieve the Trus-
tee or any other party which is a Fiduciary within the meaning of ERISA,
from responsibility or liability for any responsibility, obligation
or duty imposed by the Plan or Trust shall be void if such provision
is in contravention of Section 410(a) of ERISA.
ARTICLE III
TENURE AND EXPENSES OF THE TRUSTEE
TENURE OF TRUSTEE
Each Trustee shall serve until death, resignation or removal. The
Employer may accept the resignation of a Trustee or remove any Trus-
tee for cause or no cause by giving at least sixty (60) days prior
written notice. The Employer shall then appoint a successor. Trustee.
In the event that any Trustee shall die, resign or be removed, the
remaining Trustees, if any, shall have full power and authority to
act until a successor has been appointed.
EXPENSES OF TRUSTEE
The Trustee shall be paid such reasonable compensation as shall from
time to time be agreed upon by the Employer and the Trustee. The Em-
ployeragrees to pay such reasonable expenses of the Trustee incurred
T-6
C
0
as a result of the performance of its functions and duties as Trustee
hereunder, including reasonable legal expenses. The Trustee shall
have a lien on the Trust Funds for such compensation and expenses
until paid by the Employer. The Employer shall pay all Federal or
State taxes of any kind chargeable against the Trustee. If the Em-
ployer fails to pay such taxes the Trustee may withdraw amounts needed
to pay them from the Trust Fund, but the Employer must reimburse the
Trustee therefor.
ARTICLE IV
AII4INISTRATION AND DISTRIBUTION OF THE TRUST FUND
4.1 GENERAL ADMINISTRATION
The Administrator shall give the Trustee a list of Participants as of
the Adoption Date of the Plan showing their names and such other in-
formation as is necessary for the Trustee to carry out its duties.
The Administrator shall bring the list and information up to date as
of each subsequent Plan Anniversary. The Trustee shall deal with all
contracts and investment funds held under the Trust in accordance with
Instruction from the Administrator or his duly authorized representative.
4.2 CESSATION OF PARTICIPATION
If an individual ceases to be a Participant under the Plan, the Trustee
shall dispose of or continue to hold pursuant to Instruction any por-
tion of the Conversion Fund and any contracts providing insurance or an-
nuity benefits for the Participant or his Beneficiary.
4.3 SPECIAL PLAN ACCOUNT
The Trustee shall maintain a "Special Plan Account" for the deposit
of all funds paid to it by the Employer to meet contributions for
contracts, new ones to be applied for, taxes, if any, and expenses
T-7
0
• of administration. Under no circumstances shall the Employer have
any rights in or to such Special Plan Account. The Employer may,
however, with the concurrence of the Trustee, pay any contributions
required by the Plan and the Adoption Agreement directly to the in-
surer, and such payment shall be deemed to be payment to the Special
Plan Account and a prompt disbursement by the Trustee to the Insurer.
4.4 TERMINATION OF PLAN
If the Plan terminates, in whole or in part, the Trustee shall deal
with or dispose of the Trust Fund and the Participants' contracts
pursuant to Instructions which are in accord with the Plan.
4.5 NON -REVERSION
The Trust Fund shall not be used for or diverted to any purposes
other than the exclusive benefit of Participants hereunder or their
Eeneficiaries as prescribed by Section 401 of the Code, and no part
thereof shall revert to the Employer, except as provided in the Plan
and Section 7.2'hereof.
4.6 FUNDING POLICY
The Administrator shall develop a funding policy which shall consider
the short and long range needs of the Plan for liquidity and invest-
ment growth, based on the evident and probable requirements of the
Plan as to the time benefits are likely to become payable. Such fund-
ing policy shall be comvuinicated to the Trustee who shall take the
same into account in making investments hereunder.
ARTICLE V
CERTAIN POWERS OF THE TRUSTEE
5.1 POWERS AND AUTHORITY OF TRUSTEE
Subject to the provisions of Section 5.6, the Trustee shall have the
0
following powers and authority with respect to the Trust:
r
a) taking into account the funding policy communicated to it by
the Administrator to implement Section 4.6, to invest or re-
invest in any property which in its opinion is a prudent in-
vestment for the Trust (as later described in Section 5.2);
provided that it may, to the extent it considers necessary
or advisable, hold any portion of the Trust Fund in bank de-
posits insured by the United States Government, in cash or
in such other types of investments as shall be selected by
it, without liability for interest, pending investment or
payment of expenses or benefits;
b) to retain, manage, improve, repair, operate and control any
assets of the Trust Fund;
c) to sell, convey, transfer, exchange, partition, grant options
with respect to, lease for any term (even though such terms
extend beyond the duration of this Trust Fund or commerce in
the future), mortgage, pledge or otherwise deal with or dis-
pose of any asset of the Trust Fund in such manner (including
public or private sale, where applicable), for such consid-
eration and upon such terms and conditions as the Trustee, in
its discretion, shall determine;
d) to vote either in person or by general or limited proxy or to
refrain from voting any corporate stock or other securities
for any purpose;
e) to deposit any securities with or under the direction of any
committee formed to protect said securities and participate
in, consent to or carry out any re -organization, consolida-
tion, merger, liquidation, readjustment of the financial
structure, or sale of assets of any corporation or other or-
ganization, and to exercise conversion and subscription
rights, and hold any property received pursuant to any such
transaction as assets of the Trust Fund;
f) if a corporation, to keep any securities or other property
in the name of some other person, partnership or corporation,
as its nominee, or in its own name without disclosure in any
case of its fiduciary capacity;
g) to pay, compromise or abandon any claim or other matter dir-
ectly or indirectly affecting the Trust;
h) where the Trustee has not invested in qualifying securities
or Employer Real Property of the Employer (as defined in
Sections 1.5 and 1.6) before July 1, 1974, to invest in
qualifying securities of the Employer provided that imme-
diately after such acquisition, the market value of such
C qualifying securities of the Employer does not exceed ten
percent (10o) of the market value of the assets of the Trust
Fund. (For 'Marketable Obligations' of the Employer, see
Section 5.5);
T-9
0
�• i) if a bank. is serving as Trustee hereunder, to commingle
part or all of the assets of the Trust in any group trust
maintained by the bank as Trustee, whether now existing or
hereafter created, for the collective investment of funds
held under employees' pension or profit-sharing plans or
trusts which are qualified within the meaning of and exempt
from tax under the revenue laws of the United States, and
the provisions of any such group trust are made:a part of
this Plan;
j) to invest in the shares of any regulated'investment company
or companies in accordance with Instructions given by the
Administrator, who, in giving any such Instructions, shall
take into account the rule of prudence set out in Section
5.2 as if it were the Trustee;
k) provided the Trustee is a Named Fiduciary (as defined in
ERISA), to enter into an agreement with any bank, trust
company or other Fiduciary as an Investment Manager (to the
extent required by ERISA and the regulations promulgated
thereunder) to hold, manage and invest the Conversion Fund
or any part thereof, it being understood that the Trustee
shall not be liable for any loss occasioned by any such In-
vestment Manager selected by it, provided that the Trustee
has used prudence in making the selection, and that any such
Investment Manager shall be obligated to follow the rule of
prudence set out in Section 5.2;
1) to employ agents of any kind, nature and description, and
delegate to them such ministerial and limited discretionary
duties as the Trustee sees fit, and to that end, to execute
such contracts, documments, instruments or other papers as
may be requested by any such agent to whom such duties have
been delegated;
m) to purchase Life Insurance or Annuity Contracts from the In-
surer or to invest in any investment fund provided by the
Insurer; provided that if the Trustee is a Named Fiduciary
and if the Trustee lodges funds with the Insurer to be invest-
ed in a separate account which does not provide for a guaran-
tee of principal or interest, then the Trustee may designate
the Insurer to be an Investment Manager with respect to the
funds so held; and provided further, that the Insurer shall
be obligated to follow the rule of prudence set out in Sec-
tion 5.2;
n) to execute, acknowledge and deliver all instruments it consi-
ders necessary or proper for any of the foregoing purposes,
and
o) to exercise any of the powers and rights of an individual
owner with respect to any property of the Trust Fund and to
do all other acts in its judgment necessary or desirable
'•
for the proper administration of the Trust Fund although the
power to do. such acts is not specifically set forth herein,
subject to the rules in Section 5.2.
No person dealing with the Trustee need see to the application of any
money paid or property delivered to or on the order of the trustee or
inquire into its authority to enter into any transaction.
5.2 RULE OF PRUDENT INVESh1EVI
In making investments hereunder, the Trustee shall conduct itself
faithfully in the interest of the Participants and shall exercise
sound discretion. It shall discharge its duties with the Cares skill,
prudence and diligence under the circumstances prevailing from time to
time that a prudent man acting in a like capacity and familiar with
such matters would use in the conduct of an enterprise of a like char-
acter with like aims. It shall cause the investments to be d.iversi=
fied so as to minimize the risk of large losses, uiiless under the cir-
cumstances it is clearly prudent not to do so.
5.3 DIVESTITURE OF SECURITIES
Where the Trustee has invested'in securities of the Employer before
July 1, 1974, the Trustee shall divest itself of such securities as
promptly as possible unless such securities are qualifying securities
of the Employer, as defined in Section 5.5. Where the Trustee has
invested in qualifying securities of the Employer before July 1, 1974,
the Trustee shall, in accordance with rules prescribed in ERISA and
Regulations promulgated under the authority thereof, divest itself
of -such qualifying securities of the Employer to the extent required
by ERISA and such Regulations no later than the dates specified by
such Regulations.
r
5.4 LOANS TO TI-lU E1IPLOYER
No loans shall he made by the Trust to the Employer after June 30,
T-11
• 1974. However, until June 30, 1984, a loan made to the Employer from
the Trust under a binding contract in effect on July 1, 1974 (or pur-
suant to renewals of such a contract) may remain in effect if such a
loan remains outstanding on terms at least as favorable to the Trust
as an arm's length transaction with an unrelated party (that is, a
party which is not a Party in Interest as that term is defined in
ERISA), provided that the making of the contract, the loan or exten-
sion of the loan was not a prohibited transaction within the purview
of Section 503(b) of the Internal Revenue Code of 1954, or corres-
ponding provision of prior law. It is the intent of this Section 5.4
to cause the Trust to operate in compliance with Section 414(c) of
ERISA and Regulations implementing the same.
5.5 MARKETABLE OBLIGATIONS OF THE E}IPLOYER
The assets of the Trust may be invested in Marketable Obligations of
the Employer (Section 1.7) if;
A) Such obligation is acquired
i) on the market, either:
a) at the price of the obligation prevailing on a national
securities exchange which is registered with the Securi-
ties and Exchange Commission, or
b) if the obligation is not traded on a national securities
exchange, at a price not less favorable to the Trust
than the offering price for the obligation as established
by current bid and asked prices quoted by persons inde-
pendent of the issuer;
ii) from an underwriter, at a price:
a) not in excess of the public offering price for the obli-
• gation as set forth in a prospectus or offering circular
filed with the Securities and Exchange Commission, and
—• b) at which a substantial portion of the same issue is ac-
quired by persons independent of the issuer; or
S .
iii) directly from the issuer, at a price not less favorable to
the Trust than the price currently paid for a substantial
• portion of the same issue by persons independent of the same
issuer;
B) Immediately following acquisition of such obligation:
i) not more than twenty-five percent (250) of the aggregate
.aax�unt of obligations issued in such issue and outstanding
at the time of acquisition is held by the Trust, and
ii) at least fifty percent (500) of the aggregate amount re-
ferred to in (i), immediately above, is held by persons in-
dependent of the issuer; and
C) Immediately following acquisition of the obligation, not more
than twenty-five percent (25%) of the Trust's assets are invested
in obligations of the Employer or an affiliate of the Employer.
5.6 EMPLOYER'S RIGHTS OF INSTRUCTION
The Employer shall have the right to direct the Trustee as to how any
of the powers set forth in Section 5.1 shall be exercised, including
the right to direct the Trustee as to the investment of the Trust Fund
to the extent not prohibited by Section 503 of the Code or other laws
applicable to qualified pension or profit-sharing plans and related
trusts. In the absence of any applicable Instruction, the Trustee
shall invest and reinvest the principal and income of the Trust Fund
.and otherwise handle and deal with it and exercise the powers granted
to it as provided in Section 5.1, but no investment or reinvestment
of the Trust Fund shall otherwise be restricted to properties and sec-
urities authorized for investment by Trustees under any present or
future state law. However, the Employer shall, in directing invest-
ments, or in directing the Trustee as to how to exercise any of the
powers set forth in Section 5.1, be bound to follow the rule of pm -
dente set forth in Section 5.2 as fully and to the same extent as if
• it were the Trustee. If the Employer gives the Trustee any direction
to implement Section 5.1(k) or (m), the Employer shall not be liable
T-13
for any loss occasioned by any party it has directed the Trustee to
tlrt
enter into agreement with as an investment manager if the Employer
has used prudence in making such selection of such party.
ARTICLE VI
SPENDTHRIFT PROVISION
6.1 Benefits under the Plan shall not be subject to alienation, assign-
ment, pledge or encumbrance by any Participant or his Beneficiary,
nor shall the interest of any Participant or any Beneficiary under
the Plan be subject to levy or attachment by creditors.
ARTICLE VII
AMENDMENT AID' TEU-1INATION
7.1 AMENDMENT BY THE EMPLOYER
• This Trust Agreement may be amended by the Employer, by action of its
r
Board of Directors, from time to time, provided that no such amend-
ment shall be made in contravention of the rules for making amend-
ments to the Trust set forth in the Plan. Further, the making of
any amendment to the Trust shall be subject to the following further
limitations:
a) Under no condition shall such amendment result in or permit the
return or repayment to the Employer of any cash or property held
or acquired by the Trustee under the Plan, or the return of such
assets, or result in or permit the distribution of any assets
for the benefit of anyone other than Participants of the Employer
or their Beneficiaries, except as provided in the Plan and in
Section 7.2 herein.
b) Such amendment shall not change the duties, responsibilities, or
liabilities of the Trustee without its consent.
c) Such amendment shall not change the duties, responsibilities, or
liabilities of the Insurer without its consent.
• d) The amendment shall not be effective before the first to occur
• of the following events:
i) the Trustee notifies the Employer of its agreement to the
• amendment,
ii) the effective date of the Trustee's resignation, or
iii) ninety (90) days after the Employer delivers to the Trustee
instruction of the amendment; provided, however, that no
amendment shall be effective earlier than the earliest date
permitted under the Plan, or, if later, the date permitted
by ERISA for such amendment to be effective.
7.2 PERMANENCE OF TRUST
Nothing herein contained shall be construed as an undertaking or prom-
ise on the part of the Employer to continue this Trust in effect for
any specific length of time, although it is presently the Employer's
intention to make the Plan permanent. This Trust and the Plan have
been concurrently adopted upon the condition that the Trust shall be
exempt under Section 501(a) of the Code. Contributions to the Trust
(or the value thereof) made by the Employer shall not revert to the
Employer, except after the satisfaction of all fixed and contingent
liabilities after termination of the Plan, in which event reversion
to the Employer shall be made to the extent permitted by the Plan.
7.3 TERMINATION OF TRUST
This Trust shall continue in existence for the longest period permit-
ted by law, subject to the Employer's right to terminate the Trust
upon giving timely notice in writing to the Trustee. This Trust shall
terminate after all interests of Participants and their Beneficiaries
have been distributed in accordance with the terms of the Plan. If
the Employer shall be dissolved, declared bankrupt or be merged into
or consolidated with another corporation, the Trust shall terminate,
subject to the rule in the preceding sentence, except that any suc-
cessor to substantially all of the business may continue the Plan and
Trust by appropriate corporate action. Any merger or consolidation
T -1S
c.
with, or transfer of assets to any other Plan after September 1, 1974,
shall be subject to the rules pertaining to the same set forth in the
Plan. Further, in the event of a partial termination of the Plan, the
assets of the Trust applicable to the portion of the Plan that parti-
• lly terminates shall be handled, dealt with and disposed of as provi-
•ded in the Plan.
7.4 DISTRIBUTION OF ASSETS
8.1
8.2
In the event of termination of the Plan, the interest of active, re-
tired and former Participants and their Beneficiaries on termination
of the Plan shall be distributed by the Trustee in accordance with
the rules in the Plan, subject to prior approval of appropriate govern-
mental agencies.
ARTICLE VIII
EFFECTIVE DATE AND SITUS OF TRUST
This Trust shall become effective on the Adoption Date of the Plan,
as specified in Part I of the Adoption Agreement.
This Trust Agreement shall be administered, construed and enforced
according to the laws of the state named in Part IX of the Adoption
Agreement.
(END OF TRUST)
T-16
I:.:. UNANCr ! NOM
Cctinental AssuraSe Company
Offices/Chicago, Illinois
A Stock Company
Herein called the Company GN-7097, Account 1: _
-.d
HEREBY AGREES TO PAY,
subject to the provisions, conditions and limitations of this policy,
the benefits provided herein.
This policy is issued to and in consideration of the application of
CITY OF FAYETTEVILLE
(herein called the Employer)
which application is made a part hereof and a copy of which is attached
hereto, and of the payment by the Employer of premiums as hereafter
provided.
The first premium is payable on the effective date of this policy. Sub-
sequent premiums shall be payable on the first day of each anniversary
thereafter while this policy is continued in force.
• This policy shall be effective from 12:01 A.M. Standard Time, at the
Employer's address, on the 31st day of May, 1977, which date shall be
its date of issue, for a term of one year, from which date all insurance
years and months shall be computed.
The provisions hereinafter set forth are hereby made a part of this pol:_;.
IN WITNESS WHEREOF, the Continental Assurance Company has caused this
policy to be executed by its Vice President and Assistant Secretary at
its home office in Chicago, Illinois.
Assistant Secretary Vice Presidefiitfk.
/
gistrarl
GROUP LIFE INSURANCE
CONTRIBUTORY - PARTICIPATING
'S
LP 61867 P
Fm
APPLICATION
is hereby made to
{ o CONTINENT/IL FI5SURANCE coMPIINY
CHICAGO, ILLINOIS
(herein called the Company)
for a Group Policy providing the following
GROUP YEARLY RENEWABLE TERM INSURANCE
PERMANENT AND TOTAL DISABILITY BENEFIT
and covering the eligible Employees of
CITY OF FAYETTEVILLE
(herein called the Employer)
Address: FAYETTEVILLE, ARKANSAS
I. ELIGIBILITY REQUIREMENTS:
Each present and future full-time Employee who meets the eligibility
requirements for life insurance set forth in the 'Plan" (as defined
in the Policy) shall be eligible to become a Participant under the
Policy, provided he is actively at work on the date he becomes eli
gible. Any Employee not actively at work on the date he is first
otherwise eligible shall become eligible on the Effective Date or
Policy Anniversary as specified in the 'Plan".
II. SCHEDULE OF BENEFITS:
Each Participant shall be entitled to such benefits as may become
due him in accordance with the terms of the 'Plan", subject to any
limitations imposed thereon by the Group Policy.
III. PAYMENT OF PREhffJMS:
The premium due under the Policy shall be payable annuallyin advance
at the rates set forth in the Policy.
SPECIFIC PROVISIONS
•
I. ELIGIBILITY REQUIREMENTS
Each present and future full-time Employee of the Employer
shall be eligible for coverage hereunder as determined in
accordance with the terms of the plan and certified to the
Company by the Employer.
II. SCHEDULE OF BENEFITS
Each eligible Employee shall be entitled to an amount of
Group Renewable Term Insurance as determined in accordance
with the terms of the Plan and certified to the Company by
the Employer.
III. GUARANTEED ISSUE
The maximum amount of insurance which will be issued to any
Employee shall be $30,000 unless such Employee furnishes
• evidence of insurability satisfactory to the Company.
• GENERAL PROVISIONS •
1. REGISTRY OF EMPLOYEES INSURED
• Employees shall become insured subject to the Provisions of this policy in accordance with the
application for this policy. The Employer shall furnish the Company with the names of all Employees —
initially insured and of all Employees who from time to time become eligible for insurance in accord-
ance with such application, and of all Employees whose insurance ceases prior to the discontinuance
of this policy, together with the respective dates and other necessary data to determine the premium
hereunder. The Company shall, by its duly authorized representatives, have the right, at reasonable
times, to inspect all books and records of the Employer relative to the insurance hereunder.
Clerical error in keeping the records shall not invalidate insurance otherwise validly in force nor
continue insurance otherwise validly terminated, but upon discovery of such error an equitable adjust-
ment of premiums shall be made.
2. EMPLOYEES INSURED
Any Employee becoming eligible for insurance on the effective date of this policy shall become
insured hereunder on such effective date.
Any Employee becoming eligible for insurance after the effective date of this policy shall become
insured on the first of the insurance month coinciding with or next following the date of such eligibility.
In any instance when an Employee is not regularly performing the duties of his occupation on
the last work day immediately preceding the above, such Employee shall become insured on the dale
he resumes such duties.
3. CHANGES IN AMOUNT OF INSURANCE
A chance in the amount of an Employee's insurance will become effective on the date such Em-
ployee becomes eligible for such change as set forth under the eligibility provision of the application
• for this policy, provided that the Employee is regularly performing the duties of his occupation on such
date. If the Employee is not regularly performing the duties of his occupation on such date, such change
will become effective on the date he resumes such duties.
4. EMPLOYEE'S INDIVIDUAL CERTIFICATE
The
Company will
issue to the Employer for
delivery to
each Employee an individual certificate
describing
the insurance
protection to which said
Employee is
entitled, to whom payable and. stating
the rights
to which he is
entitled under Provision
10, entitled
"Conversion Privilege."
5. DEATH BENEFIT
Immediately upon receipt of due proof of the death of any Employee while insured under this
policy, the Company will pay, subject to the provisions herein contained, an amount determined by the
Schedule of Insurance set forth in the application for this policy. Such amount will be payable in accord-
ance with General Provision 7 of this policy, entitled "Modes of Settlement."
SA. PARTICIPATING
This policy, while in force, will participate in the divisible surplus of the participating group insur-
ance business of the Company as ascertained and apportioned by the Company, and its share of surplus
shall be credited hereto on each policy anniversary, and. shall be applied to the payment of premiums
due hereunder during the taxable year of the Employer when credited, or during the next succeeding
taxable year.
6. CONTINUATION OF INSSLNcE
•
Definitions
Tlr. term Total Disability as used herein shell neon any disability commencing while the Em-
ployee is insured hereunder and prior to his sixtieth birthday which results from bodily injury or dis-
ease and which wholly and continuously prevents the Employee from engaging in any occupation for —
wage or profit.
The term Permanent Total Disability as used herein shall mean any Total Disability as defined
above that has existed for at least nine months, or up to the date of death, if death occurs within nine
months.
Without regard to other causes of disability and notwithstanding anything herein contained, Per-
manent Total Disability will be recognized to exist if the Employee, while insured hereunder and prior
to his sixtieth birthday, shall suffer the entire and irrecoverable loss of sight in both eyes, or the loss of
both hands, or of both feet, or of one hand and one foot.
Continuation of Insurance During Total Disability
In the event of the Total Disability as herein defined of any Employee, such Employee's insurance
shall not be terminated in accordance with General Provision 9 hereof but shall be continued in force
by the Company, without payment of premiums, during the continuance of Total Disability for a period
not exceeding twelve months from the date his insurance would otherwise have terminated in accord-
ance with General Provision 9.
Continuation of Insurance During Permanent Total Disability
If the Company shall receive, within the three months period immediately preceding.termination
of the one year continuation period provided above, due proofs of the Permanent Total Disability as
herein defined of any Employee, such Employee's insurance will be continued without payment of pre-
mium during Permanent Total Disability for an additional period of one year each provided due proofs
of the continuance of Permanent Total Disability are submitted to the Company at its home office during
. the three months immediately preceding each such year.
Proof of Permanent Total Disability must be furnished to the Company on the initiative of the
Employee or by someone on the Employee's behalf without the necessity of the Company requesting
such proof.
Amount of Insurance to be Continued
The amount for which the insurance of any E.-:_:oyee will be continued under this Provision shall
be the applicable amount specified in Section Cl) cf ::he application for this policy, entitled "Schedule
of Insurance," at the time his insurance would have 'erminated in accordance with General Provision 9.
The Company shall have the right at any time during the first two years after receipt of. due
proofs of Permanent Total Disability, and thereafter once a year, to require proof of the existence and
continuation of such disability and to make examinations of the disabled Employee.
Notice of Claim
Written notice of the death of an Employee whose insurance is continued under this Provision
must be given to the home office of the Company within twelve months after the date of death. If such
notice is not given, the Company will not be liable for any payment on account of such death.
Rights After Termination of Disability
If any Employee ceases to be disabled and returns to the class or classes of individuals eligible
for insurance hereunder by resuming gainful employment, his insurance will be continued in force only
upon the payment of premiums by the Employer for such Employee. If any Employee ceases to be dis-
abled and does not return to the class or classes eligible for insurance hereunder by resuming gainful
employment, or if the Employee fails to submit proof of continuation of Permanent Total Disability as
provided above, the insurance of such Employee shall terminate immediately. During the thirty-one day
period following the termination of his insurance he shall be entitled to those benefits specified in para-
graphs (A) and (C) of General Provision 10, entitled "Conversion Privilece."
7. MODES OF SETT11MENT
Any death benefit b^cori d.,e hereunder sh 1 be p'uyal:i:: ui 1l) Burr, la Ihr• l,t•rnd;cr.;iy of
r::ord If the Employee has made: prior written elect on, the amount dim, or such portion thereof c-
r::.y have been requested by the Employee in lieu of a lump sum payment, will be paid in a hr.od nurn
ber of monthly installments as selected by the Employee according to the table sot forth below. 11 tie
•Employee has not elected any such mode of settlement, the beneficiary, alter the death of the Employee,
may elect in writing that all or any part of the amount payable be paid in a fixed number of monthly
installments as selected by the beneficiary according to said table, with the remainder, if any, paid in
a lump sum. Any lump sum payment will be made immediately upon receipt of the required proof of
claim. Where installment payments are elected, the first installment will be paid immediately upon
receipt of such proof:
Payment for Each
One Thousand Dollars
($1,000.00) of death benefit
Number of Years
Amount of Each
Number of Years
Amount of Each
During Which
Monthly
During Which
Monthly
Monthly. Install-
Installment
Monthly Install-
Installment
ments Will Be Paid
Payment
ments Will Be Paid
Payment
3
$28.79
10
$9.39
4
21.86
15
6.64
5
17.70
20
5.27
In no event may the Employee or the beneficiary select a term of years which would result in
monthly payments of less than Ten Dollars ($10.00).
If, at the death of any Employee, there be no surviving beneficiary, the amount of death benefit
shall be payable in one sum to the estate of the Employee, or, at the option of the Company, to any one
or more of the following surviving relatives: wife, husband,father, mother, child or children, brothers
or sisters.
If the Employee has elected monthly installment payments and the beneficiary shall die before
the payment of all of the monthly installments to which entitled, the commuted value of any remaining
monthly installments, at the rate of interest used to determine such installments, will be paid in one sum
to the estate of the deceased beneficiary, unless the Employee has designated otherwise.
The amounts payable in accordance with the above table are based upon interest at the rate of
two and one-half per cent (21/2 X ) per annum.
Upon any renewal of this policy, or whenever the terms of this policy are changed, the Com-
pany may substitute for the above table a comparable table based upon a different rate of interest,
but such new table shall not be applicable to any claim pending hereunder prior to the date of such
substitution.
8. CHANGE OF IIENEFICIS •
Any Employee who has made a desinnnlion of beneficiary may designate a new beneficiary at
ony time•. v: ithoul the consent of the beneficiary, by filing with the Employer a written request for such
change, but such change shall become effective only upon receipt of such request at the home office of
• the Company. When such r�grn••,t is received by the Company, whether the Employee be then living or
not, the change of beneficiary shall relate back to and lake effect as of the dale of execution of the
written request, but without prejudice to the Company on account of any payment theretofore made
by it.
9. TERMINATION OF INDIVIDUAL INSURANCE
The insurance of
any
Employee shall terminate
upon the happening of any of the following
events, whichever shall
first
occur:.
(a) upon termination of his membership in the class or classes eligible for insurance under
this policy,
(b) for non-payment of premiums by the Employer on behalf of an Employee, in which event
such insurance shall automatically terminate at the end of the period for which premiums
have been paid,
(c) upon termination of this policy.
10. CONVERSION PRNILEG�
(A) If the insurance, or •,r., t .rtror.:
n of it, on on ''mployee c•• •::�^-a:. of I'::;; .n•rhon of tin
ployment or of meml,rrchrp in Ih•• etas or classes eholhle for msurunce urrr••r this: policy,
such Employee shrill hentitled to have issued to him by ti;v Crnnpany, wrti:cut evidence of
• insurability, an individual policy of life insurance without dr:ability or other supplementary
benefits, provided written application for the individual policy shall be made by the Em-
ployee, and the first premiumpaid to the Company, within thirty-one da s after such ter- -�
P - Pa Y.Y
urination, and provided further that:
(1) The individual policy shall, at the option of such Employee, be on any one of the forms,
except term insurance, then customarily issued by the Company at the age and for the
amount applied for;
(2) The individual policy shall be in an amount not in excess of the amount of life insurance
which ceases because of such termination, and
(3) The premium on the individual policy shall be at the Company's then customary rate
applicable to the form and amount of the individual policy, to the class of risk to which
such Employee then belongs, and to his age attained on the effective date of the in-
dividual policy.
(B) If this Policy terminates or is amended so as to terminate the insurance of -any class of
Employees, every individual insured thereunder at the date of such termination whose in-
surance terminates and who has been so insured for at least five years prior to such termina-
tion date shall be entitled to have issued to him by the Company an individual policy of
life insurance, subject to the same conditions and limitations as are provided by (A) above,
except that the amount of such individual policy shall not exceed the smaller of:
(1) The amount of the Employee's life insurance protection ceasing because of the termina-
tion or amendment of this policy, less the amount of any life insurance for which he is
or becomes eligible under any Group Policy issued or reinstated by the Company or
• any other insurer within thirty-one days after such termination; and
(2) two thousand dollars.
(C) If an Employee dies during the period within which he is entitled to have an individual policy
issued to him in accordance with (A) or (B) above and before such an individual policy shall
have become effective, the amount of life insurance which he would have been entitled to
have issued to him under such individual policy shall be payable as a claim under this poli-
cy, whether or not application for the individual policy or the payment of the first premium
therefor has been made. -
(D) This conversion privilege shall be in lieu of all other benefits under this policy.
\•
11. PI?EA11UJ1 C7i•iPUTATIAi01) ADJUSTMENT
iii' r;e 1 m !,,r Ln plci'/ s wht become insuwil on Ili'ifectivr le of this policy shall be the
�•.un rir t1 n•v'-r'a prmuurn^ !or the Employees uc,urcd on such ellechve . date in 'i ordanee
V. uh Iii •- plan of r..::,ronce, computed upon the basis of the nclmdula of rules hr:reinafler costumed, for
the rr.nr"•ctive uur.z of the Employees. Likewise, the premium for the Employees who become insured
• ur on any rennwra of this policy shall be the sum of the several premiums for the Employees
insured at such renewal date, computed upon the basis of the schedule of rates provided for in General
Provision 15 entitled "Renewal of Policy,' for the respective attained ages of the Employee. The pre-
mium charge for insurance of any Employee who shall become insured after the effective date of this
policy, or of any renewal hereof, or of any Employee who becomes eligible for an increase in the amount
of insurance during any insurance month, shall be computed from the first day of the insurance month
coinciding with or next succeeding such eligibility dale. Likewise, the premium refund on account of the
termination of insurance for any reason other than death of any Employee during any insurance month
shall be computed from the first day of the insurance month coinciding with or next succeeding such
termination date.
If the prc,rr. :ms paid
for any period shall be !ess than
the premiums so computed,
the Employer
shall pay the add;tional amounts to the Company when and
as such computations shall
be made and
stated to him; if more, the
Company shall return the excess
to the Employer with such statement.
12. PAYMENT OF PREMIUMS
Premiums shall be payable at the home office of the Company, or to a duly authorized agent of
the Company in exchange for the Company's receipt signed by the President or Secretary and counter-
signed by the agent designated thereon. Premiums are payable annually in advance but with the
consent of the Company may be paid semi-annually, quarterly or monthly in advance, in accordance
with the Schedule of Rates contained herein.
13. GRACE PERIOD
If the Employer has not previously given written notice to the Company that this policy is to be
•discontinued, a grace period of thirty-one days without interest charge shall be granted to the Em-
ployer for the payment of every premium after the first,during which period this policy shall con-
tinue in force.
II any premium be not paid within the days of grace, this policy shall thereupon be discontinued,
but the Employer shall, nevertheless, be liable to the Company for the payment of all premiums then
unpaid, together with the premiums for the days of grace. If, however, written notice is given by the
Employer to the Company, during the grace period, that the c:licy is to be discontinued, this policy
shall then be discontinued on the date of receipt by the Corr.r: ,y of such v:: i'.;en notice, but the Em-
ployer shall, nevertheless, be liable to the Company for the pc:ment of all premiums then unpaid, to-
gether with a pro rata premium ior.such portion of the grace period as this policy continues in force.
14. TERMINATION OF P•Y •
This policy shall be discontinued upon non-lt.rynrent of premium as provided in Goncral Pro•nsuori
13 entitled "Grace Period." The Company may, if rd any time the number of Employrr'•a shall L^ lr;:...
than 60% of the total number of Lmployees eligible or if at any firm; the numl.er r,f
• Employees he less than. 10 , terminate this policy by written notice mailed, not less than thirty
days prior to the dote of termination (said termination to be on any premium due date), to the address -a
of the Employer as shown by the records of the Company.
15. RENEWAL OF POLICY
This policy is issued upon the one year renewable term plan and may be renewed with the con•
sent of the Company on each succeeding anniversary of its effective dale for successive terms of one
year each, except, however, that such renewal privilege shall not be available if at the end of any policy
year less than 10 Employees or less than 80% of the individuals eligible
for insurance hereunder, whichever is greater, are insured hereunder.
The Company reserves the right to change any rates charged under this policy on any premium
due date on or after the first policy anniversary, provided, however, that such change in rates shall not
be effected more than once in any policy year.
16. MISSTATEMENT OF AGE
If the age of any Employee is incorrectly stated the amount payable hereunder shall be the
amount of insurance determined by the plan of insurance, but premium adjustment shall be made so
that the Employer shall pay the Company the actual premium called for at the true age of the Em-
ployee.
17. MODIFICATIONS
No agent can make, alter or discharge, this policy or extend the time for payment of premiums,
nor can this policy be varied or altered or its conditions waived or extended in any respect, except by
. the written agreement of the Company, in compliance with the law of the state in which the policy is
issued, signed by the President, Vice -President, Secretary, or Assistant Secretary, whose authority will
not be delegated.
18. INCONTESTABILITY •
0
This policy shall be incontestable after two years from its date of issue, except for non-payment
of premium. No statement made by any Employee relating to his insurability shall be used in contesting
• the validity of the insurance under the policy with respect to which such statement was made alter such
insurance has been in force prior to the contest for a period of two years during such Employee's life-
time
nor unless it is contained in a written application signed by such Employee.
19. ENTIRE CONTRACT
This policy, the application of the Employer,
and the individual applications, if any, of the Em-
ployees shall constitute the entire contract between the parties.
A copy of the application of
the Employer
shall be attached to the policy when issued. All
statements
made by the Employer or
by the Em-
ployees shall be deemed representations and not
warranties,
and no statement made by any Employee
shall be used in any contest unless a copy of the
application
containing the statement is
or has been
furnished to such Employee or to his beneficiary.
I
,•20. SCIIFIIULF OF BATES I'I•.li $1,000 OF INSIIIIANCF.
Semi
Annual Annual Quarterly Monthly
An Premium Premium Premium Premium
15 $3.22 $1.62 $0.81 $0.27
16 3.34 1.68 .84 .28
17 3.46 1.74 .87 .29
18 3.57 1.79 .90 .30
19 3.63 1.83 .91 .31
20 3.71 1.67 .93 .31
21 3.77 1.90 .95 .32
22 3.82 1.92 .91, .32
23 3.86 1.94 .97 .33
24 3.90 1.96 .9.3 .33
25 3.93 1.98 .99 .33
26 3.96 1.99 1.00 .33
27 3.98 2.00 1.00 .34
28 4.02 2.02 1.01 .34
29 4.06 2.04 1.02 .34
30 4.11 2.07 1.04 .35
31 4.18 2.10 1.05 .35
32 4.26 2.14 1.07 .36
33 4.36 2.20 1.10 .37
34 4.52 2.27 1.14 .38
• 35 4.70 2.36 1.18 .40
36 4.93 2.48 1.24 .42
37 5.18 2.61 1.31 .44
38 5.49 2.76 1.38 .46
39 5.85 2.94 1.47 .49
40 6.24 3.14 1.57 .53
41 6.70 3.37 1.69 .57
42 7.20 3.62 1.82 .61
43 7.77 3.91 1.96 .66
44 8.37 4.21 2.11 .71
45 9.04 4.55 2.28 .76
46 9.76 4.91 2.46 .82
47 10.56 5.32 2.66 .89
48 11.44 5.76 2.89 .97
49 12.42 6.25 3.13 1.05
50 13.47 6.78 3.40 1.14
51 14.62 7.36 3.69 1.24
52 15.90 8.01 4.01 1.34
53 17.30 8.71 4.37 1.46
54 18.84 9.49 4.75 1.59
Semi.
Annual
Annual
Quarterly
Monthly
Aye
➢remium
Premium
Premium
Premium
55
$20.51
$10.33
$5.18
$1.73
56
22.30
11.23
5.63
1.88
57
24.21
12.19
6.11
2.05
58
26.24
13.21
6.62
2.22
59
23.38
14.29
7.16
2.40
60
29.72
14.97
7.50
2.51
61
32.20
16.22
8.13
2.72
62
34.95
17.61
8.82
2.96
63
37.92
19.10
9.57
3.21
64
41.13
20.72
10.39
3.48
65
44.67
22.50
11.28
3.78
t'•6
48.61
24.49
12.27
4.11
67
52.97
26.68
13.37
4.48
68
57.82
29.13
14.60
4.89
69
63.10
31.79
15.93
5.34
70
68.75
. 34.63
17.36
5.81
71
74.70
37.63
18.86
6.32
72
80.90
40.75
20.43
6.84
73
87.26
43.96
22.03
7.38
74
93.97
47.34
23.73
7.95
75
101.21
50.98
25.56
8.56
76
109.23
55.02
27.58
9.24
77
118.21
59.55
29.85
10.00
78
128.37
64.67
32.41
10.86
79
139.59
70.32
35.25
11.81
80
15I.71
76.42
38.31
12.83
81
164.64
82.94
41.57
13.93
82
178.19
89.76
44.99
15.07
83
192.27
96.86
48.55
16.26
84
206.93
104.24
52.25
17.50
85
222.29
111.98
56.13
18.80
86
238.40
120.09
60.20
20.16
87
255.38
128.65
64.48
21.60
88
273.47
137.76
69.05
23.13
89
293.08
147.64
74.00
24.79
90
314.71
158.54
79.46
26.62
91
339.03
170.79
85.61
28.68
92
366.84
184.80
92.63
31.03
93
399.07
201.03
100.77
33.75
94
436.82
220.05
110.30
36.95
95
484.52
244.08
122.34
40.98
The premiums shown above are to be increased by $2.40 if annual, $1-20 it semi-annual, $0.60 if quarterly, and
•$0.20 if monthly when applied to the first $40,000 of insurance in force under this policy. For all insurance in
excess of the first $40,000 the premiums are to be applied without change.
The annual premium shown above for all ages up to and including age 59 includes an extra charge of $0.96 for the
permanent Total Disability Benefit provided by this policy. A similar charge of $0.48 is included in the semi-
annual premium, $0.24 in the quarterly premium, and £0.08 in the monthly premium.
S
•
21. SCHEDULE OF PREMIUM DISCOUNTS
The porconl of reduction to be applied to the rate determined in accordance with Provision entitled
"SCHEDULE OF RATES PER $1,000 OF INSURANCE" shall be determined from the following table:
Premium Premium Premium Premium Premium
(Annual Bode) (Semi,Annual Basis) (Quarterly) (Monthly) Dlsoeunt
Under $2,400 Under $1,200 Under $ 600 Under $200 0%
$ 2,400• 2,999 $ 1,200- 1,499 $ 600- 599 $ 200- 249 1
3,000- 3,599 1,500• 1,799 750- 899 250- 299 2
3,600- 4,199 1,800- 2,099 900- 1,049 300• 349 3
4,200• 4,799 2,100- 2,399 1,050- 1,199 350- 399 4
4,800- 5,399 2,400- 2,699 1,200- 1,349 400- 449 5
5,400- 5,999 2,700- 2,999 1,350• 1,499 450- 499 8
6,000- 7,199 3,000• . 3,599 1,500- 1,799 500- 599 7
7,200- 6,399 3,600- 4,199 1,800- 2,099 600- 699 8
8.400- 9,599 4,200- 4,799 2,100• 2,399 700- 799 9
9,600• 11,999 4,800.. 5,999 2,400- 2,999 800- 999 10
• 12,000- 17.999 6,000- 8,999 3,000- 4,499 1,000- 1,499 11
18,000- 35,999 9,000- 17,999 4,500- 8,999 1,500• 2,999 12
36,000• 59,999 18,000. 29,999 9,000- 14,999 3,000- 4,999 13
60,000. 119,999 30,000- 59,999 - 15.000 - 29,999 5,000- 9,999 14
120,000- 179,999 60,000- 89,999 30,000• 44,999 10,000--14;999 15
180,000. 2'_:,.-9 90,000- 119,995 45,000- 59,999 - 15,000- 19,999 16
240,000- 355.,59 120,000- 179,999 60;000. 89.999 20,000. 29,999 17
360,000- 479,999 180,000- 239,999 90,000. 119,999 30,000. 39,999 18
480,000- 719.999 240,000- 359,999 120,000. 179,999 40,000- 59,999 19
720,000- and over 360,000- and over 180,000- and over 60,000• and over 20
VALUATION BASIS:
The reserve on this Policy shall be valued according to the Commissioners 1960 Standard Group Mortal-
ity Table. Table of Mortality with interest at the rate of 3% per annum, but in no event shall such
reserve be less than that required by the laws of the State In which this Policy Is delivered.
}
.:ua.ra.u..
COMINENTi9L RSS1t1JNGE coAgPfNY J
NOM( 0(H(f • L/II(A60. RIINOLS -C
f
.,t + (herein called Company) -
GN-7097, Account 150
r
HEREBY AGREES TO PAY,
csubject to the provisions, conditions and limitations of this
policy, the benefits provided herein. �=
This policy is issued in consideration of the application of
THE CITY OF FAYETTEVILLE PENSION PLAN
(herein called Owner)
which application is made a part hereof and a copy of which is
attached hereto, and of payment by the Owner of the first premium %�
r
due hereunder.
This policy is a complete restatement of Group Policy Number
GP -1053, effective May 31, 1958 issued by the Continental Assurance
Company, and hereby supersedes and replaces such policy and its
amendments.
This policy shall become effective from 12:01 A.M. Standard Time
at the Owner's address on May 31, 1975, herein called the Effective
Date from which date all policy years and months shall be computed
and may be renewed from year to year as herein provided.
The provisions hereinafter set forth are hereby made a part of
this policy.
IN WITNESS HEREOF, the Continental Assu e Company has caused -o
this policy to be duly executed this day of J 75
•4• c .
�-, -cam
Assistant Secretary Vice P sent,` l
•
l
r
o
•c
gistra
.yc
GROUP ORDINARY LIFE INSURANCE PAID UP AT AGE 85 l
RETIREMENT CONVERSION RIDER
PERMANENT AND TOTAL DISABILITY BENEFIT
• CONTRIBUTORY - NON -PARTICIPATING
• r_
IPPLICATION is hereby made to
CACONTINENTAL ASSURNNGE COMPRNY
Chicago, Illinois
by
THE CITY OF FAYETTEVILLE PENSION PLAN
(herein called Owner)
for a restated Group Insurance. Policy providing:
GROUP ORDINARY LIFE INSURANCE PAID UP AT AGE 85
RETIREMENT CONVERSION RIDER
PERMANENT AND TOTAL DISABILITY BENEFIT —
and covering the eligible Employees of
THE CITY OF FAYETTEVILLE
(herein called Employer)
Address: Fayetteville, Arkansas
I. RESTATEMENT:
The restatement of Group Pc=.icy Number GP -1053 is applied for
in order to revise the dividend basis from participating to
non -participating.
II. TRANSFER OF VALUES:
The Cash Surrender Value of all Group Ordinary Life Insurance
Paid -Up at Age 85 in effect under GP -1053 immediately prior to
the effective date of restatement shall be utilized to establish
the Required Reserves of the Group Ordinary Life Insurance Paid -Up
at Age 85 under GN-7097, Account 150, in converting such insurance
on an original age basis.
5
L 6='.00,
APPLICATION, page two
III.. EVIDENCE OF INSURABILITY:
The maximum amount of insurance to be issued to any Employee
shall be $30,000.00 unless such Employee furnishes evidence
of insurability satisfactory to the company.
IV. RETIREMENT CONVERSION RIDER:
The Policy shall contain a Rider with provisions for an Annuity
Conversion Fund into which all deposits may be placed and such
fund shall be administered and operated in the manner and under
the conditions described in the Retirement Conversion -Rider -of
the Policy. -
V. PAYMENT OF PREMIUMS:
The premiums due under this Policy shall be payable by the Owner
annually in advance at the rates set forth in the Policy.
VI. EFFECTIVE DATE:
This restated Policy was originally effective at 12:01 A.M.
Standard Time at the Employer's address on May.31,-1975 pro-
vided that this application shall have been accepted by the
Company and a binder premium shall have been paid.
�. • _ `it -r
tYSP
CITY OF FAYETTEVILLE for CITY OF
FAYETTEVILLE PENSION PLAN
Witness
By:
Ti'Cie: �p � 7.ctLtr
L607-028
R•EMENT CONVERSION RIDER
T; attached to and form a part of Group Policy No. GN-7097, A/C 150 issued by the
CONTINENTAL ASSURANCE COMPANY
(herein called the Company)
Upon retirement of an Employee, during the continuation of the policy and at the
written direction of the Owner, the cash surrender value of the Employee's Insurance
shall be applied under Option C of General Provision 23A of the policy to
purchase a monthly retirement enb efft on the Normal Form which sh 1T& as defined therein.
The amount of monthly retirement benefit payable to the Employee under such option shall
ba increased to that which he is entitled under the policy by payment to the Company by
the Owner of an additional amount determined as the sum of (A), (B), (C) and (D) below:
(A) 103% of the net amount necessary In .excess of the applied cash surrender
value, to provide the first $10.00 per month for each $1,000 of insurance
under the Permanent Plan in force on the. date of termination;
(B) 103% of the net amount necessary to provide the second $10.00 per month
for each $1,000 of insurance under the Permanent Plan in force on the date
of ten9ination;
(C) 105% of the net amount necessary to provide the third $10.00_.per.month .
for each $1,000 of insurance under the Permanent Plan in force on the date
of termination; and
(D) The amount necessary to provide any monthly retirement benefit required
in excess of the amounts provided above based on the then current group
annuity rates.
The Company may accept deposits from the Owner to be deposited to an Annuity -
Conversion Fund, which deposits shall be accumulated for the ulti::te purpose0fcon-
verting each Employee's insurance under the Permanent Plan to a r...nthly retirement .
benefit as described above, but prior thereto all deposits will bs held for the benefit
of all insured Employees. Upon the written direction of the Ormer such sum as may be
required in accordance with the provisions of the policy shall be withdrawn from the
fund, provided it is sufficient therefor. The Company shall be entitled to withdraw
such reasonable actuarial and administrative expenses as it incurs herewith, but no
charge shall be of such size as to result in a net rate of interest accumulation less
than that guaranteed. Withdrawals shall be considered to be made from the fund in the
same order in which such deposits were made.
Interest will be credited annually by the Company on the deposits made to the fund,
such interest to be based on the amount in the fund from time to time during each policy
year. The rate of interest to be applied during the first policy year shall not be less
than 7% per annum. The rate of interest applied during the second policy year shall not
be less than 6%. The rate of interest to be applied during the next three policy years
shall not be less than 5 3/4% per annum. On funds deposited during the first five policy
'•-•rs the rate of interest payable during the second five policy years shall not be less
.n 5% per annum. On funds deposited during the first five policy years the rate of
,merest payable during the eleventh through fifteenth policy years shall not be less than
4%. Thereafter, the rate of interest to be applied on funds deposited during the first five
policy years shall not be less than 3½% per annum, until such deposits are used to provide
the benefits herein. The rate of interest to be guaranteed with respect to funds deposited
after the first five policy years shall be as then announced by the Company.
Provided, that if the Company is not furnished within 12 months of
duce with a copy of an Internal Revenue Service letter ruling that the
alified retirement plan, or is part of a qualified retirement plan,
slew the right to change the above interest guarantees retronctively
rently offers in similar contracts not qualifying under Section 401 of
Revenue Code.
the effective
policy romi,rlSCs
the Company ve-
to those it cur -
the 1954 Internal
As of the effective date of the policy, and annually as of each policy anniversary
thereafter, the Company shall inform the Owner of the deposit which is estimated to cover
the liability allocable to the year then beginning for the benefits to be provided. The
deposits shall be calculated on such actuarial basis as may from time to time be agreed
upon by the Company and the Owner. The Company does not guarantee that the total accumu-
lated amount in the fund will be sufficient to provide the contemplated benefits hereunder.
In the event of the death or termination of employment of an Employee, prior to his
retirement date, any amount in the fund with respect to his pension liability will be
retained by the Company in the fund to provide benefits for those Employees actually re-
tiring under the policy unless otherwise provided in the policy.
In the event of termination of the policy, any amount then remaining in the fund
shall be allocated among those Employees insured under the Permanent Plan just prior to
such termination. The allocation to each Employee shall be the same proportion of the
total amount to be allocated as the actuarial present value of the annuity accrued
hereunder for his service prior to termination bears to the total of such present values
for all insured Employees. Each Employee's allocation shall be applied to provide paid -
up retirement annuity on single premiums corresponding to the reserve basis of this
pcy, unless the monthly amount would be less than $10.00, in which event the annuity
6i:rve shall be paid to the Employee by the Company in a single sum.
The Company shall allow the Owner to withdraw the amounts in the Annuity Conver-
sion Fund at any time upon notification that a Trust approved by the Internal Revenue
Service exists for the purpose of continuing the provisions of the pension plan. In-
terest granted on the fund shall be forfeited for the policy year in which the with-
drawal occurs, and an investr:ant liquidation charge shall be withdrawn from the Annuity
,;onversion Fund prior to &ny ayment. Such charge shall be 57, of the amount payable if
the coverage under the policy proper is also terminated, but may, at the discretion of
_:.e Company, be reduced if the Permanent Plan coverage under the policy proper is kept
in force. Except with the consent of the Company, the total amount that can be with-
erawn from the Annuity Conversion Fund in any twelve month period shall not exceed 257,
cf the amount in the fund. After any part of the Annuity Conversion Fund has been with -
:awn, interest shall be credited at a rate of 1/4 of 17. less than prior to such with-
drawal. Any funds so withdrawn shall be paid by the Company to said Trustee.
This Rider shall be subject to all the terms and conditions of the policy proper
-;ith only those modifications necessary because of the nature of the provisions hereunder.
This Rider shall be effective May 31, 1975
IN WITNESS WHEREOF, the Continental Assurance Company has caused d this Rider to be
executed this 30th day of June ,
75
Assistant Secretary
L 540-020
I
PART I
• SPECIFIC PROVISIONS
1. STATEMENT AS TO INSURANCE PLANS PROVIDED
This policy provides a plan of Ordinary Life Insurance, herein called the Per-
manent Plan, under which the insurance shall be carried during the continuance of
this policy upon the basis of the level premium as to eachEmployee m p l oy e e at his age
nearest to the Effective Date of such insurance when he is insured under such plan,
which premium shall not be subject to revision by the Company except as to new
insurance becoming effective under the Permanent Plan after the effective date of
such premium revision. The premiums under this plan are payable during the
continuance of this policy, during the Employee's continued eligibility hereunder,
and during the Employee's lifetime until the policy anniversary nearest his 85th
birthday. In the event of the death of the Employ e e the amount of insurance in
force on the life of such Employee shall be paid to his beneficiary. Paid -up insur-
ance values are pr ovid i d e d under this plan in the event the insurance should ter-
minate before the death of the Employee. _
2. EFFECTIVE DATE OF INSURANCE
• Each eligible Employee is to be insured from the date he becomes eligible
provided that any Employee who is not actively at work performing all of .the duties
of his employment with the Employer at his customary place of employment on the
date his insurance is to become effective shall not be insured until he returns to
active work and the performance of all such duties. An Employee who is not
actually at work because he is on vacation or it is his day cff shall, for the pur-
poses of this insurance, be deemed to be a ctively at wort; if he was actually at
work on his last scheduled working day prior to such vacation or day off.
3. GENDER AND NUMBER
Whenever any words are used herein in the masculine, they may also be read
and construed in the feminine where they would so apply. Words used in the
singular may be read and construed in the plural where they would so apply.
4. DEFINITION OF COVERAGE
The term "Coverage" shall mean any level premium insurance or annuity
provided under this policy, including supplements, endorsements, and riders
. hereto.
L 500-356-1
5. DEFINITIONS PLAN
The term " Plan " shall mean The City of Fayetteville Pension Plan,
as in effect on the effective date and as may be an:-tded from time to
• time.
6. DEFINITION OF EMPLOYER
The
term
"Emplove.r"
shall an The City
of Fayetteville or any
successor
or
successors.
7. DEFINITION OF AVERAGE MONTHLY EARNINGS
An Employee's Average Monthly Earnings shall be determined in
accordance with the terms of the Plan and certified to the Company
by the Owner.
8. DEFINITION OF CREDITED SERVICE
=n Employee's Credited_ Service shall be as determined in accordance
with the terms of the Plan and certified to the Company by the Owner.
`.9. NORMAL FORM OF ANNUITY
The Normal Form of an Employee's monthly retirement annuity shall
be as determined in accordance with the terms of the Plan and certi.fie
to the Company by the Owner.
: . ELIGIEILITY REQUIREMENTS
Eiigibi.?.ty under this Policy shall be determined in acc:._-aance
with the ter; r :>f the Plan and certified to the Company by the Owner.
11. SCF DULE OF BENEFITS
The monthly retirement benefit for each Employee eligible hereunder
shall be determined in accordance with the terms of the Plan and certi-
fied to the Company by the Owner.
0
L 500-356-1A
12. RETIR•NT DATES •
An Employee's retirement date shall be determined in accordance.
with the terms of the Plan and certified to the Company by the Owner.
•
13. BENEFITS ON TERMINATION
All termination benefits hereunder shall be determined in accord-
ance with the terms of the Plan and certified to the Company by the
Owner.
14. LIMITATION OF LIABILITY
This group policy has been applied for by and shall be owned by
The City of Fayetteville Pension Plan. The Company shall not. be deemed
to be a part to the Plan nor shall it have any responsibility for the
validity of such Plan. Liabilities of the Company shall be completel:.
discharged of its adherence to the provisions of this policy. The
Company shall have the right to reject the applicability of an amend-
ment to the Plan to this policy if such amendment might alter the
Company's insurance liabilities hereunder.
If the Company is, in the performance of its administrative
services, required to give an opinion as to the effect of those pro -
Visions in the aforesaid Plan relating to policy benefits, any such
opinion shall be given on the condition that it shall be strictly
unofficial and shall not act in any way to change the respective
liabilities of the parties hereto.
0
L 500-356-1B
. S
• PART II
GENERAL PROVISIONS
1. INCONTESTABILITY
This policy shall be incontestable after two years from the date
of issue, except for non-payment of premium. No statement made by
any Employee relating to his insurability shall be used in contesting
the validity of the insurance under this policy with respect to which
this statement was made, after such insurance has been in force prior
to the contest for a period of two years during such Employee's life-
time, (nor, in any event, unless it is contained in a written applica-
tion signed by such Employee, a copy of which is or has been furnished
to such Employee or to his beneficiary).
2. ELIGIBILITY
The classes of Employees eligible for insurance hereunder are
set forth in the application for this policy; eligible Employees shall
be insured at the time and under the plan of insurance as provided
in such application. Such Employees shall continue to be insured
while continuing membership in an eligible class (defined to be a
continuance of meeting all eligibility requirements of the applicatioL
except those which are conditions solely for the initial effectiveness
of the insurance).
Any Employee insured under this policy whose eligibility for any
coverage hereunder shall terminate, shall be entitled, upon again be-
coming eligible, only for the amount of insurance determined in accord-
ance with his classification, less any amount of insurance in force
issued to him under General Provision 3 entitled "Conversion Privilege"
and less any amount of paid -up insurance to which he was entitled by
reason of such termination of eligibility, whether or not such paid -u_
insurance is in force.
0
L 500-356-2
3. CONVERSIO•PRIVILEGE •
If the insurance, or any portion of it, on an Employee insured
under this policy ceases because of his termination of employment or
membership in the class or classes eligible for insurance under this
policy, such Employee shall be entitled to have issued to him by the
Company, without evidence of insurability:
(A) At the attained age, an individual policy of life insurance
without disability or other supplementary benefits, provided
application for the individual policy shall be made, and the
first premium paid to the Company within thirty-one days of
the effective date of cessation of the insurance under this
policy and provided further that
(1) The individual policy shall, at the option of such
Employee, be on any one of the forms, except term
insurance, then customarily issued by the Company at
the age nearest birthday of the Employee and for the
amount applied for;
(2) The individual policy shall be in an amount not in
excess of the amount of life insurance which ceases
because of such termination, less the death benefit
under the paid -up insurance which would be provided
by the full cash value of the insurance then ceasing
under this policy, and less, in the case of an Employee
whose membership in one o more of the classes eligible
for insurance terminates but who continues in employment
in another class, the amount of any life insurance for
which such Employee is or becomes eligible within thirty-
one days after such termination _under any other group
policy issued by the Company;
(3) The premium on the individual policy shall be at the
Company's.then customary non -participating rate applica_ie
to the form and amount of the individual policy, to the
class of risk to which the Employee then belongs, and
to his age nearest birthday on the effective date of
the individual policy;
(4) This conversion privilege shall be in lieu of all other
Benefits, except for the cash value or paid -up insurance
provided under this policy.
(B) At the original age, if the Employee was covered under the
• Permanent Plan and if the insurance on such Employee ceases
because of his termination of employment, such Employee shall
be entitled to have issued to him by the Company in lieu of
any paid -up insurance to which he would otherwise be entitle'_,
an individual policy of life insurance on the non-participat=.^.a
L500-356-3
3. CONVERSILPRIVILEGE (Continued) •
(B) plan providing insurance on the same plan and at the same
• rate of premium and effective from the same date or dates
as his insurance under the Permanent Plan, without dis-
ability or other supplementary benefits, provided application
for the individual policy shall be made, and the first premium
paid to the Company within thirty-one days of the effective
date of cessation of the insurance under this policy and
provided further that
(1) The individual policy shall be in an amount not in excess
of the amount of insurance which ceases because of such
termination;
(2) Payment of the pro rata premium for the balance of the
policy year and payment of the difference between the
cash surrender value of the individual policy and the
cash surrender value of the paid -up insurance to which
the Employee would have been entitled under this policy
shall be made to the Company within the period allowed
for making application as provided above;
(3) This Conversion Privilege shall be in lieu of all other
benefits under this Policy.
•If this policy terminates, or is so amended as to terminate the
insurance of any class of Employees, every Employee whose insurance
terminates on such termination date and who has been so insured for at
least three years prior to such termination date shall be entitled to
have issued to him by the Company an individual policy of life insurance,
subject to the same conditions and limitations as are provided for con-
version at the attained age above, except that the =mount of such
individual policy shall not exceed the smaller of:
(A) The amount of the Employee's life insurance protection ceasing
because of the termination or amendment of this policy less the
amount of any paid -up insurance to which he may be entitled
under this policy, and less the amount of any life insurance
for which he is or becomes eligible under any group policy
issued or reinstated by the Company or any other insurer within
thirty-one days after such termination, or
(B) $4,000.
If an Employee insured under this policy dies within thirty-one days
of cessation of insurance hereunder, and before such individual policy
shall have become effective, the amount of life insurance which he would
• have been entitled to have issued to him under such individual policy
shall be payable as a claim under this policy, whether or not application
for the individual policy or the payment of the first premium therefor
has been made.
L500 -356-3a
S •
4. REGISTRY OF EMPLOYEES
• The Owner shall furnish the Company with the names of all Employees ini-
tially covered and shall promptly report the names of all Employees who from
time to time become eligible for coverage hereunder, and of all Employees whose
coverage hereunder ceases through termination of employment, or otherwise,
prior to discontinuance of this policy, together with the respective date and other
data necessary for the proper administration of this policy,
5. EMPLOYEE'S INDIVIDUAL CERTIFICATE
An individual certificate will be issued by the Company to the Owner for
delivery to each insured Employee setting forth a statement as to the benefits to
which he is entitled, to whom payable, and stating the rights to which he is entitled
under General Provision 4 entitled "Conversion Privilege". Additional notice shall
be issued for any change in coverage,
6. MISSTATEMENT OF FACT
If the age, service, salary, or any other fact affectingthe amount of the pre-
miums or benefits of an Employee has been misstated, the premiums and benefits
shall be adjusted to the basis required by the true facts. Notwithstanding the fore-
going, the Company shall not be liable to pay any greater benefit to any Employee
• other than that which would be payable on the basis of the true facts and the pre-
mium actually received. Furthermore, clerical error by the Owner will not in-
validate the insurance of any Employee which would otherwise have been in effect,
nor extend the insurance of any Employee which would otherwise have terminated
under the provisions of this policy. Upon discovery of such e r r o r an equitable
adjustment of premiums shall be made.
No lifetime monthly income benefit shall be paid to any Employee or bene-
ficiary u n 1 e s s and until proof of his date of birth has been submitted to and ac-
cepted by the Company.
7. BENEFICIARY DESIGNATION
An Employee, upon being covered under this policy, will designate a bene-
ficiaryby filing with the Owner a written designation of beneficiary and may desig-
nate a new beneficiary at any time by filing with the Owner a written request for
change. Such change shall not take effect until r e c e iv e d by the Company at its
Home Office. Upon receipt thereof, such change shall, except as provided below,
relate back and take effect as of the date such Employee signed the request,
whether or not he is living on the date of such receipt,
A•
L 500-356-4
. .
7 • BLNEFI CIARY DESIGNATION (Continued)
• Upon receipt of due proof of the death of an Employee insured hereunder,
payment in full by the Company of the policy death benefit to the beneficiary whose
proper designation by the Employee was last received prior to the date of pay-
ment shall relieve the Company of all liability under this policy with respect to
that Employee.
Should the
last designated
beneficiary not survive
the Employee or should
no beneficiary have been named,
the net sum due on the
death of such Employee
shall be paid, at
the option of the
Company, to the estate
of the Employee, or to
any one or more
of the following
surviving relatives:
wife, husband, mother,
father, child or
children, brothers or sisters.
8. ASSIGNMENT _
Except so far as may be contrary to the laws of any state having jurisdiction
in the premises hereof, an Employee or beneficiary hereunder shall have no
right to assign, transfer, hypothecate, encumber, commute, or anticipate his
interest in this policy or in or to any benefits or payment s hereunder. Such
interest, benefits, and payments shall not in any way be subject to any legal pro-
cess to levy upon or attach the same for payment of any claim against any Em-
ployee or beneficiary,
1•
L 500-356-4a
S
9. RENEWAL PRIVILEGE
This policy may be renewed from year to year at premiums to be computed L::
the Company as set forth in this policy and payable in the same manner as the pre-
mium for the first year except, however, that such renewal privilege shall not b
available if at the end of any policy year less than either of the following number c'
Employees are insured hereunder:
(A) the number of Employees required by the laws of the state having juris-
diction in the premises hereof, or
(B) 75% of the eligible Employees if the Employees are required to contribute.
10. PREMIUM COMPUTATION AND ADJUSTMENT
The premiums becoming due on any due date shall be the sum of the premiums
for those Employees insured hereunder and shall be computed by multiplying the
amount of insurance on the life of each Employee by the premium rate at his attained
age nearest to the effective date of such insurance, according to the premium schedule
applicable thereto on the effective date of such insurance.
In the event of termination of the insurance on the life of any Employee insured
hereunder, other than on account of death, at a time other than a policy anniversary,
•the pro rata premium for the balance of the period paid for will be credited to this
policy and applied by the Company on the next premium due date.
If the premiums paid for any period shall be less thanthe premiums so computed,
the Owner shall pay the additional amounts to the Companywhen-and as such compu-
tations shall be made and stated to him; if more, the Company shall return the excess
to the Owner with such statement.
The schedule of rates herein contained shall be used in the computation of re-
newal premiums unless such schedule or schedules be revised as herein provided.
No change will be made in the premium rates or values or option tables in this policy
within the first five policy years; thereafter, such rates or values or option tables
may be revised by the Company on the basis of its experience, but such revision shalt
only affect amounts of insurance for Employees thereafter becoming insured and any
increases in amount of insurance thereafter becoming effective.
Provided, that if the Company is not furnished within 12 months of the effective
date with a copy of an Internal Revenue Service letter ruling that this policy com-
prises a qualified retirement or profit sharing plan, or is a part of a qualified retire-
ment or profit sharing plan, the Company reserves the right to change all rates and
values retroactively to those it currently offers in similar contracts not qualifying
under Section 401 of the 1954 Internal Revenue Code.
L 500-356-5
0
11. PREMIUMS - WHERE AND HOW PAYABLE
•All premiums are payable at the Home Office of the Company in Chicago, Illinois,
but maybe paid or. or before the date when due to a duly authorized agent of the Corn-
pany upon presentation of a statement of premium due in exchange for the Company's
receipt signed bytae President or Secretary and countersigned by the Agent designated
therein.
Premiums are payable annually in advance. In lieu thereof and with the consent
of the Company, premiums may be paid semi-annually in advance at the rate of 50. 5
per centum of theznnualpremium, quarterlyin advance at the rate of 25. 5 per centurn
of the annual premium, or monthly in advance at the rate of 8. 5833 per centum of the
annual premium. Except as herein provided, the payment of any premium shall not
maintain this polity in force beyond the date when the next premium is due.
12. GRACE PERIOD
A Grace Period of thirty-one days, without interest charge, will be granted to
the Owner for the payment of any premium due after the first premium has been paid,
during which Grace Period this policy shall continue in force.
13. TERMI3ATION OF AN EMPLOYEE'S INSURANCE
• Subject to the provisions of this Policy relating to conversion to
individual insurance, to paid -up insurance, and to the extended death
benefit, all insurance on the life of an Employee shall terminate:
(A) On the date of his termination of employment (provided that
if - premiums -are payable monthly, the insurance shall terminate
at the end of the policy month in which termination of employ-
ment occurs).
(B) On the date he ceases to be a member of a class eligible for
insurance hereunder.
(C) On the date of his retirement.
(D) On the Effective Date of termination of this policy (provided
that the insurance shall not terminate prior to the date to
which policy credits serve to extend the insurance on a pro rata
basis) .
L 500-356-6
13. TERMINATIONtF AN EMPLOYEE'S INSURANCContinucd)
Notwithstanding the foregoing, the Company shall notify the Employee
directly and by registered mail the date when the insurance falls due,
at least twenty (20) days in advance of the date of expiration of the
grace period of his respective policy or certificate.
14. TERMINATION OF POLICY
This Policy shall terminate:
(A) Automatically as of any premium due date, if the premium then
due is not received within the grace period.
(B) On any Anniversary Date at which the renewal privilege is not
available because of inadequate participation. --
(C) On any date a notice of termination is received from the Owner,
or on the date to which premiums have been paid, if later than
the receipt of notice.
Notwithstanding the above, any due and unpaid dividends, any refund
or unearned premiums, and any cash value then held by the Company to
apply against premiums, are to be applied as pro rata premiums due on
i*he individual coverage of Employees covered hereunder to continue such
coverage in force for such period as such pro rata premiums shall pro-
vide and further provided, that if after application of credits, some
portion of the premium applicable pro rata to the period this policy was
in force remains unpaid, such portion shall be immediately due the Company
from the Owner. The Company shall notify the Employee directly and by
registered mail the date when the insurance falls 6•_e, at least twenty (2_)
days in advance of the date of expiration of the grace period of his
respective policy or certificate.
L 500-356-7
I
• 15. TEMPORARY SUSPENSION OF THE PERMANENT PLAN
The Owner may suspend the Permanent Plan without terminating this policy, pro-
vided written notice is received by the Company prior to thirty-one days after the date
to which premiums have been paid on the Permanent Plan. Thereafter, the insurance
in force hereunder shall be continued in like amount on the life of each Employee in-
sured under such suspended plan, under a Term Insurance Rider to be attached to and
become a part of this policy, less however, the amount of any paid -up insurance to
which such Employee may be entitled under this policy. During the period of sus-
pension, no changes shall be made in amounts of insurance hereunder, and no new
Employees shall become insured.
If written request is made to the Company by the Owner within thirteen months
after the effective date of such suspension, the Permanent Plan may be reinstated as
of the date of suspension upon payment to the Company by the Owner of the excess of
the premiums that would have accrued on such coverage, had it not been suspended,
over the amount of the premiums paid for Employees covered in the interim for the
Term Insurance together with interest thereon at the rate of 5% per annum; in such
event all then current Employees (who were eligible prior to such suspension) shall
be covered to the extent of their eligibility, the paid -up insurance on such Employees
shall be cancelled, and all Employees who would have been eligible during such
interim shall become covered as though just becoming eligible.
The Permanent Plan may, upon written request to the Company by the Owner, be
resumed as of any subsequent policy anniversary within five years after the effective
date of such suspension of the Permanent Plan on all then current Employees who were
eligible prior to such suspension and are then covered, and all Employees who have
become eligible during the interim. The paid -up insurance on allEmployees shall be
continued and each Employee shall be covered with insurance under the Permanent
Plan to the extent of the amount determined in accordance with his class..ication, less
such paid -up insurance. Such insurance shall be effective on the policy anniversary
that it is resumed and the premium rates applicable shall be such as are then in effect
at the attained age of each Employee.
16. PAID -UP INSURANCE
Any Employee insured under the Permanent Plan shall, upon
(A) Termination of this policy,
(B) Termination of the employment of such Employee during the continuance
of this policy (subject to the vesting provisions of this policy),
,.
L 500-356-8
• 16. PAID -UP INSURANCE (Continued)
(C) Suspension of the Permanent Plan by the Owner as provided in General
Provision 16,
be entitled to receive paid -up insurance for such an amount as the reserve hereunder
on his Permanent Plan Insurance, less a surrender charge, will purchase as a single
premium according to the reserve basis in effect on the date the insurance was issued,
with such amount taken to the nearest dollar. Under the paid -up insurance the Com-
pany will pay a reduced benefit at the same time and under the same conditions as the
Employee's Permanent Planlnsurance. This vesting in the case of (C) shall be can-
celled for continuing Employees on the reinstatement of resumption of the Permanent
Plan.
In the event of (B) above, the Employee shall be vested in the portion of such paid -
up insurance determined in accordance with Part I of this policy entitled "Specific
Provisions". In the absence of any such Specific Provision, the Employee shall be
entitled to the full amount of paid -up insurance as determined under this provision.
If an Employee's Permanent Plan Insurance is reduced, such Employee shall be
entitled to receive paid -up insurance for such an amount as the terminated amount of
insurance will provide, computed as provided in this provision.
I. 17. CASH SURRENDER VALUES
Any Employee receiving paid -up insurance under General Provision 17 by reason
of the termination of this policy, or by the termination of his employment, may elect
to surrender such paid -up insurance for its cash surrender value which shall, at any
time other than on its effective date be equal to the amount of the net single premium
for such paid -up insurance acc rding to his then attained age. The cash surrender
value on the effective date of the paid -up insurance shall be as determined from the
tables contained herein. Any Employee receiving paid -up insurance under General
Provision 17 by reason of the suspension of the Permanent Plan by the Owner as pro-
vided in General Provision 16 or by reduction in the amount of his Permanent Insur-
ance may, upon termination of this policy or the termination of his employment,
surrender such paid -up insurance for its surrender value computed as provided in this
provision.
Notwithstanding anything to the contrary in this provision, if the face amount of
paid -up insurance becoming effective on the life of an Employee on the termination of
this policy, or on the termination of employment of such Employee during the con-
tinuance of this policy, is less than $500, the Company reserves the right to surrender
such insurance at such time as it may determine, and pay the cash surrender value
thereof in a lump sum to the Employee.
L 500-256-9
17. CASH SURRENDER VALUES (Continued)
• Any amount of cash value to which an Employee is not entitled shall be applied
under this policy as a credit to apply against the premiums due in the year when
credited or the next succeeding policy year.
18. RESERVES
The reserve on this policy shall be valued according to the 1958 Commissioners,
Standard Ordinary Table of Mortality with interest -at the rate of 3% per annum for
insurance and the 1951 Group Annuity Table, with Continental projection, with interest
at the rate of 3% per annum for any annuity benefit subject to a life contingency. In
no event shall such reserve be less than that required by the laws of the state in which
this policy is delivered.
19. MODIFICATIONS
No agent of the Company shall amend, modify, or discharge this policy, or ex-
tendthe time for the payment of premiums. This policy cannot be modified or amend-
ed or its conditions waived or extended in any respect except with the agreement of
the Company, in compliance with the law of the state in which this policy is issued,
signed by the President, a Vice President, the Secretary or an Assistant Secretary,
whose authority will not be delegated.
With the agreement of the Company, the Owner may, at any time, amend or
modify this policy in any respect without the consent of any Employee, provided,
however, that no such modification or amendment shall deprive any Employee of any
right to benefits accrued under this policy as of the date of such modification or
amendment, unless such modification or amendment is required by the Internal
Revenue Service for qualification unde_s Section 401 of the Internal Revenue Code.
20. ENTIRE CONTRACT
This policy, together with the application of the Owner, a copy of which is
attached hereto, and the written application, if any, of those Employees insured
under this policy, constitute the entire contract. All statements made by the Owner
or by the Employee s shall be deemed representations and not warranties, and no
statement made by any Employee shall be used in any contest unless a copy of the
application containing the statement is or has been furnished to such Employee or to
his beneficiary.
L 500-356-10
21. PERMANENT TOTAL
DISABILITY BENEFIT
If satisfactory proof of the permanent total disability (as hereinafter
•defined) of any insured Employee is received by the Company at its Home
Office, while this policy is in full force and effect, not later than one
year after the date on which his active employment ceases, and provided
that such disability occurred prior to the Employee's sixtieth birthday,
the death benefit in force on his life on the date of the termination of
his employment, less any cash surrender value paid out with respect to
such Employee's insurance hereunder, shall be paid in full settlement of
all obligations under this policy. Payment shall be made in the fixed
amount or number of monthly installments elected by the Employee from
Option 2 or 3 of General Provision 23, entitled "Death Benefit Settlement
Options" for a period of at least five but not more than twenty years,
with the first installment due on the date of receipt of satisfactory
proof of such disability. Any installments remaining unpaid at the death
of the Employee shall be commuted into one sum on the basis of the guaran-
teed rate of interest in the Settlement Option elected and paid to his
designated beneficiary in a single sum as a death benefit.
Permanent total disability as used herein shall mean any disability
which results from bodily injury or disease and which wholly and con-
tinuously prevents the Employee from performing any work for compensation
or profit or from following any gainful occupation for life.
In addition to, and independent of, all other causes of permanent
total disability, the Company will consider the entire and irrecoverable
loss of the sight of both eyes, or of the use of both hands, or of both
feet, or of one hand and one foot, as permanent total disability within
the meaning of this policy.
Proof of permanent total disability must be furnished to the Company
on the initiative of the Employee or by someone on his behalf without the
necessity of the Company requesting such proof during the three months
immediately preceding each anniversary of his disability. However, the
Company shall have the right at any time during the first two years after
receipt of proof of such disability, and thereafter once a year, to re-
quire proof of the existence and continuation of such disability and to
make examinations of the disabled Employee.
Determination of disability under this provision shall be completely
independent of any other such determination under this policy or outside
of it.
if the Employee fails to furnish satisfactory proof, or it is appears
at any time that such disability has terminated, no further payments shat=
be made and thereafter the insurance to which this benefit applied on the
life of such Employee, if eligible under this policy, may be restored, su=-
ject to payment of premium by the Owner, but shall be limited then and
L 500-356-11
21. PERMANENT TOTAL DISABILITY BENEFIT (Continued)
• subsequently to an amount not greater than the amount of the install-
ments, if any, remaining unpaid, commuted into one sum on the basis of
the guaranteed rate of interest in the Settlement Option elected. If
such insurance cannot be so restored, the Employee shall be entitled
to exercise his rights under General Provision 4, entitled "Conversion
Privilege" during the thirty-one day period immediately following the
suspension of payments hereunder.
I
L 500 -356 -ha
• TABLE NO. 1 •
Years Amount of Installment Years Amount of Installment
Payable Ann. S.A. Qusr. Mo. Payable Ann. S. -A. Quar. Mo.
• 1 $1000.00 &503.69 $252.78 $84.47 14 S 85.95 $ 43.29 E 21.73 $ 7.26
2 507.39 255.57 128,26 42.86 15 81.33 40.96 20.56 6.87
3 343.?3 172.88 86.76 28.99 16 77,29 38.93 19.54 6.53
4 26119 131.56 66,02 22.06 17 73.74 37.14 18.64 6.23
5 211.99 106:78 53.59 17.91 18 70.59 35.56 17.84 5.96
6 179.22 90,27 45.30 15.14 19 67.78 34.14 17.13 5.73
7 155.83 78.49 39.39 13.16 20 65.26 32.87 16.50 5.51
8 138.30 69.66 34.96 11.68 21 62.98 31.72 15.92 5.32
9 124.69 62.81 31.52 10.53 22 60.92 30.68 15,40 5.15
10 113.82 57.33 28.77 9,61 23 59.04 29.74 14.92 4.99
11 104.93 52.85 26.52 8.86 24 57.33 28.88 14.49 4.84
12 97.54 49.13 24.65 8.24 25 55.76 28.08 14.09 4.71
13 91.29 45.98 23.08 7.71
TABLE NO. 2
Age of Number Age of Number Age of Number
Payee of Years Payee
Male of Years Payee of Years
5 10 Male 5 10 Male 5 10
40 3.89 3.87 56 5.36 5.24 72 9.05 7.85
41 3.95 3,93 57 5.50 5.36 73 9.42 8.02
42 4.01 3.99 58 5.65 5.49 74 9.79 8.19
43 4.08 4.06 59 5.81 5.63 75 10.18 8.36
• 44 4.15 4.13 60 5.98 5.77 76 10.59 8.51
45 4.23 4.20 61 6.16 5,92 77 11.00 8.65
46 4.31 4.27 62 6.35 6.07 78 11.42 8.78
47 4.39 4.35 63 6.55 6.23 79 11.84 8.90
48 4.48 4.43 64 6.77 6,40 80 12.26 9.01
49 4.57 4.52 65 7.00 - 6.57 81 12.67 9.10
50 4.67 4.61 66 7.25 6.75 82 13.07 9.18
51 :.77 4.70 67 751 6.93 83 13.46 9.26
52 .87 4.80 68 7.78 7.11 84 13.84 9.32
53 4.96 4.90 69 8.07 7.29 85 14.20 9.37
54 5.10 5.01 70 8.38 7.48
55 5.23 5.12 71 8.71 7.67
Age of Number Age of Number Age of Number
Payee of Years Payee of Years
Y Payee of Years
Female 5 10 Female 5 10 Female 5 10
40 3.62 3.61 56 4.79 4.74 72 8.02 7.2F
41 3.66 3.66 57 4.91 4.85 73 8.35 7.47
42 3.71 3.70 58 5.03 4.96 74 8.70 7.66
43 3.77 3.76 59 5.17 5.09 75 9.05 7.85
44 3.82 3.81 60 5.31 5.21 76 9.42 8.03
45 3.88 3.87 61 5.46 £35 77 9.81 8.20
46 3.94 3.93 62 5.62 5.49 78 10.20 8.37
47 4.00 3.99 63 5.79 5.64 79 10.61 8.53
48 4.07 4.06 64 5.98 5.80 80 11.02 8.67
49 4.15 4.13 65 6.18 5.97 81 11.44 8.81
50 4.22 4.20 66 6.39 6,14 82 11.87 8.93
51 4.30 4.28 67 6.62 6.32 83 12.30 9.04
52 4.39 4.36 68 6.86 6.50 84 12.73 9.14
53 4.48 4.45 69 7.13 6.69 85 13.16 9.23
54 4.58 4.54 70 7.41 6.88
55 4.68 4.6.4 71 7.71 7.08
L 500-356-11b
22 , ll1;ATIl 1 Fh 'IT SETT LE]\1) : `:'1' O1''1'TON.
The Employee may elect, or after tlit death of the Lmployee without election the
beneficiary may elect, by written notice to the Company at its home office, to have
• the whole or any part of the death benefit due under this policy paid in accordance with
one of the following options of settlement:
Option 1. Left on deposit with the Company with interest on the amount so helc
at the rate of 3% per annum. Any inter e St accruing under this option may be paid
annually, or in equivalent semi-annual, quarterly or monthly installments as elected.
If, at any time, the amount left under this option shall amount to less than $1, 000, the
Company reserves the right to pay the fund held by it in one sum to the payee entitled
to receive payments thereunder.
Option 2. Installments of a Specified Amount -- Paid in installments of a specified
amount each month or other specified period until the sum retained under this option
together with interest thereon, c r e di t e d at the rate of 3% per annum on the unpaid
balance of said sum, is exhausted.
Option 3. Installments for a Specified Period -- Paid in equal annual, semi-
annual, quarterly or monthly installments for a specified number of years. The
amount of each installment for each $1, 000 of the sum retained under this option is
shown in Table No. 1.
Option 4. Installments for a Specified Period and Life Thereafter --Paid in equal
monthly installments for a specified number of years and for as long thereafter as the
payee shall live. The amount of each monthly installment for each $1, 000 of the sum
• retained under this option is shown in Table No. 2 and is determined according to the
specified number of years elected, the sex and the age of the payee at nearest birth-
day on the date on which the firsi installment is due and payable. However, if the
beneficiaryis the elector of this option, the amount of the installments shall be com-
puted at an age two years younger than the age at nearest birthday of such beneficiary.
CONDITIONS RELATING TO D=ATH BENEFIT SETTLEMENT OPTIONS -- Upon
the death of the payee, unless otherwise directed in the election of the option; (1) the
amount left on deposit under Opti Dn 1 , (2) the balance of the sum retained under Op-
tion 2 , or (3) the commuted value at 3% per annum compound interest of the remain-
ing unpaid installments for the fixed period under Option 3 shall be paid in one sum
to the estate of such payee.
None of such options may be elect e d without the consent of the Company if the
payee be other than a natural person taking in his or her own right; and if at any time
any monthly installment or any interest payment payable to any payee under any one
of the foregoing options shall amount to less than $10. 00, the. Company reserves the
right to pay the fund held by it in one sum to the payee entitled to receive payments
under the option.
If any of
these options
be elected
by the
Employee, the payee can neither assign
nor commute
the payments
hereunder
unless
such right has been
given by the Em-
ployee in writing and is filed with the company at its home office.
The installments under Option 3 and 4 include interest on the sum retained under
these options at the rate of 3% per annum. The first installment will be payable on
the date upon which the option becomes operative.
L 500-356-12
STABLE NO. 1 0
Years Amount of Installment Years Amount of Installment
Payable Ann. S.A. Qusr. Mo. Payable Ann. S.•A. Quar. Mo.
• 1 $1000.00 $503.69 $252.78 $84.47 14 S 85.95 E 43.29 $ 21.73' $ 7.26
2 507,39 255.57 128.26 42.86 15 81.33 40.96 20.56 6.87
3 343.23 172.88 86.76 28.99 16 77.29 38.93 19.54 6.53
4 261.1'9 .131.56 66.02 22.06 17 73.74 37.14 18.64 6.23
5 211.99 106:78 53.59 17.91 18 70.59 35.56 17.84 .5.96
6 179.22 90,27 45.30 15.14 19 67.78 34.14 17.13 5.73
7 155.83 78.49 39.39 13.16 20 65.26 32.87 16.50 5.51
8 138.30 69.66 34,96 11.68 21 62.98 31.72 15.92 5.32
9 124.69 62.81 31.52 10.53 22 60.92 30.68 15.40 5.15
10 113.82 57.33 28.77 9.61 23 59.04 29.74 14.92 4.99
11 104.93 52.85 26.52 8.86 24 57.33 28.88 14.49 4.84
12 97.54 49.13 24.65 8.24 25 55.76 28.08 14.09 4.71
13 91,29 45.98 23.08 7.71
TABLE NO, 2
Age of Number . Age of Number Age of Number
Payee of Years Payee of Years Payee of Years
Male 5 10 Male 5 10 Male 5 10
I.
40
3.89
3.87
56
5.36
5,24
72
.9.05
7.85
41
3.95
3.93
57
5.50
5.36
73
9.42
8.02
42
4.01
3.99
58
5.65
5.49
74
9.79
8.19
43
4.08
4.06
59
5.81
5.63
75
10.18
8.36
44
4.15
4.13
60
5.98
5.77
76
10.59
8.51
45
4.23
4.20
61
6.16
5.92
77
11.00
8.65
46
4,31
4.27
62
6.35
6.07
78
11.42
8.78
47
4.39
4.35
63
6.55
6.23
79
11.84
8.90
48
4.48
4.43
64
6.77
6.40
80
12.26
9.01
49
4.57
4.52
65
7.00
6.57
81
12.67
9.10
50
4.67
4.61
66
7.25
6.75
82 .
13.07
9.18
51
4.77
4.70
67
751
6.93
83
13.46
9.26
52
4.87
4.80
68
7.78
7.11
84
13.84
9.32
53
4.98
4,90
69
8.07
7.29
85
14.20
9.37
54
5.10
5.01
70
8.38
7,48
55
5.23
5.12
71
8.71
7.67
Age of
Number
Age of
Number
Age of
Number
Payee
of
Years
Payee
of
Years
Payee
of
Years
Female
5
10
Female
5
10
Female
5
10
40 3.62
41 3.66
42 3.71
43 .. 3.77
44 3.82
45 3.88
46 3.94
47 4.00
48 4.07
49 4.15
l• 50 4.22
51 4.30
52 4.39
53 4.48
54 4.58
55 4,68
3.61 56
3.66 57
3.70 58
3.76 59
3.81 60
3.87 61
3.93 62
3.99 63
4.06 64
4.13 65
4.20 66
4.28 67
4.36 68
4.45 69
4.54 70
4.64 71
4.79 4.74
4.91 4.85
5.03 4.96
5.17 5.09
5.31 5.21
5.46 5.35
5.62 5.49
5.79 5,64
5.98 5.80
6.18 5.97
6.39 6.14
6.62 6.32
6.86 6.50
7.13 6.69
7.41 6.88
7.71 7.08
72
8.02
7.22
73
8.35
7.47
74
8.70
7.66
75
9.05
7.85
76
9.42
8.03
77
9.81
8.20
78
10.20
8.37
79
10.61
8.53
80
11.02
8.67
81
11.44
8.81
82
11.87
8.93
83
12.30
9.04
84
12.73
9.14
85
13.16
9.23
L 500-356-13
n
LJ
0
22A. RETIREMENT BENEFIT OPTIONS
On or before his early or normal retirement date, an Employee may, with
the consent of the Owner, by written notice to the Company , elect to have his
retirement benefit paid under one of the following optional forms, in lieu of the
normal form provided herein. The amount of his optional monthly retirement
benefit shall then be determined by applying the cash value of the normal retire-
ment benefit under the option elected.
Option A. Joint and Survivorship Annuity -- Paid in equal monthly install-
ments jointly to the Employee and the joint annuitant named by the Employee as
long as both are living and upon the death of one, the monthly installments shall
be continued to the survivor for as long as such survivor shall live. The amount
of each monthly installment for each $1, 000 of cash value is shown in Table No. 3
and is determined according to the sex and age nearest birthday of the Employee
and joint annuitant. This option shall not be avail a b 1 e if the joint annuitant he
more than one person or the monthly installment he less than $10. 00 per month.
Option B. Life Annuity -- Paid in equal monthly installments for as long
thereafter a s the Employee shall live. The amount of e a c h monthly installment
• for each $1, 000 of cash value is shown in Table No. 4 and is determined ac-
cording to the sex and age nearest birthday of the Employee;
Option C. Installments For a Fixed Period and Life Thereafter -- Paid in
equal monthly installments for a specified number of years and for as long there-
after as the payee shall live. The amount of each monthly installment for each
$1, 000 of the sum rc:. _.fined under this option is shown in Table No. 2 and is de-
termined according t c the specified number of years elected, the sex and the age
of the p a ye e at nearest birthday on the date on which the first installment is due
and payable.
Option D. Cash Settlement -- Paym ent of the net cash value of an Em-
ployee's monthly retirement benefit in a single sum.
In the event Option A above is elected not more than 100% of the joint benefit
shall be paid to the surviving spouse in the event of the Employee's death; or, if
the joint annuitant is not the Employee's spouse, such annuitant may not be more
than 30 years younger than the Employee.
If Option C is elected the period certain shall be limited to periods of 5 or 10
Years Certain and Life Thereafter, provided the period certain is not in excess
of the Employee's normal life expectancy as of the date of commencement of his
retirement benefits.
• Female
Ages 55 56
50 3.97 3.99
51 4.02 4.04
52 4.07 4.10
53 4.12 4.15
54 4.17 4.20
55 4.22 4.26
56 4.27 4.31
57 4.32 4.36
58 4.37 4.42
59 4.42 4.47
60 4.47 4.52
61 4.52 4.57
62 4.57 4.62
63 4.61 4.67
64 4.66 4.72
65 4.70 4.77
66 4.82
67
68
69
70
• 7i
72
73
74
75
0
57 58
4.01 4.03
4.07 4.09
4.12 4.14
4.17 4.20
4.23 4.26
4.29 4.32
4.34 4.38
4.4C 4.44
4.46 4.50
4.51 4.56
4.57 4.62
4.63 4.68
4.68 4.74
4.74 4.80
4.79 4.85
4.84 4.91
4.89 4.97
4.94 5.02
5.07
59
4.05
4.10
4.16
4.22
4.28
4.34
4.41
4.47
4.54
4.60
4.66
4.73
4.79
4.86
4.92
4.98
5.04
5.10
5.16
5.21
TABLE NC
Male
Ages
60 61 62
4.06
4.12 4.14
4.18 4.20 4.22
4.24 4.26 4.28
4.31 4.33 4.35
4.37 4.40 4.42
4.44 4.47 4.49
4.50 4.54 4.57
4.57 4.61 4.64
4.64 4.68 4.72
4.71 4.75 4.80
4.78 4.83 4.88
4.85 4.90 4,95
4.92 4.97 5.03
4.98 5.05 5.11
5.05 5.12 5.19
5.12 5.19 5.27
5.18 5.26 5.34
5.24 5.33 5.42
5.30 5.40 5.49
5.36 5.46 5.56
5.53 5.63
5,70
3
63
4.30
4.37
4.45
4.52
4.60
4.68
4.76
4.84
4.92
5.00
5.09
5.17
5.26
5.34
5.42
5.51
5.59
5.66
5.74
5.81
5.88
TABLE NO. 4
64 65
4.39
4.47 4.49
4.55 4.57
4.63 4.65
4.71 4.74
4.79 4.83
4.88 4.91
4.96 5.01
5.05 5.10
5.14 5.20
5.23 5.29
5.32 5.39
5.41 5.48
5.50 5.58
5.59 5.68
5.68 5.78
5.77 5.87
5.85 5.96
5.93 6.05
6.01 6.13
6.08 6.22
6.29
66
4.59
4.68
4.77
4.86
4.95
5.05
5.15
5.25
5.35
5.45
5.55
5.66
5.76
5.87
5.97
6.07
6.17
6.26
6.35
6.44
67
4.70
4.79
4.89
4.99
5.09
5.19
5.29
5.40
5.51
5.62
5.73
5.85
5.96
6.07
6.18
6.29
6.39
6.49
6.59
68
4.81
4.91
5.02
5.12
5.23
5.34
5.45
cc
5.57
5.69
£81
5.93
6.05
6.17
6.29
6.41
6.52
6.63
6.74
69
4.94
5.05
5.16
5.27
5.38
5.50
5.62
5.75
5.88
6.01
6.14
6.26
6.39
6.52
6.65
6.77
6.89
7C
5.0;
5.15
5.31
5.4;
5.5'
5.6F
5.8:
5.94
6.0E
6.22
6.3E
6.5C
6.64
6.77
6.91
7.04
Ape
Male
Female
Age
Male
Female
ARC
Male
Female
Age
Male
Female
51
$4.79
$4.31
60
6.05
5:34
69
8.37
7.26
78
12.91
11.07
52
4.90
4.40
61
6.24
5.49
70
8.73
7.58
79
13.62
11.65
53
5.01
4.49
62
6.44
5.66
71
9.13
7.92
80
14.37
12.27
54
5.13
4.59
63
6.66
5.84
72
9.55
8.28
81
15.17
12.93
55
5.26
4.69
64
6.90
6.03
73
10.01
8.68
82
15.99
13.63
56
5.40
4.81
65
7.15
6.24
74
10.51
9.09
83
16.86
14.39
57
5.55
4.93
66
7.43
6.47
75
11.04
9.54
84
17.78
15.2C
58
5.70
5.05
67
7.72
6.71
76
11.62
10.02
85
18.74
16.07
59
5.87
5.19
68
6.03
6.97
77
12.24
10.53
L 500-356-15
23. RESTRICTIONS IN THE FIRST TEN YEARS
• Notwithstanding any provision of this policy to the contrary,
should the Employee retirement plan embodied herein be terminated or
the Current Costs thereof not be met during the 10 years subsequent
to the Effective Date (or to the date the last amendment which in-
creased the benefits provided hereunder was effective, whichever date
is later) the following limitations on distribution of benefits shall
apply to each of those 25 highest paid Employees, as of the Effective
Date, whose anticipated annual retirement income purchased by the Em-
ployer's contributions exceeds $1,500.
For the purposes of this provision, "Current Costs" shall include
the premium for the coverage under the Permanent Plan and any other
sums required under this policy to provide current service costs and
to prevent the current unfunded past service liability from increasing.
(A) The retirement income payable without qualification to
any Employee or his Beneficiary and purchased by Employer
Contributions shall be limited that purchased by the greater
of
(1) $20,000; or
• (2) 20% of the Employee's average Annual Compensation
up to $50,000 over the period covered hereunder, or
over the last 5 years, if such covered period exceeds
5 years, multiplied by the number of years elapsed
since the Effective Date.
Employer -paid benefits for a particular F_:..:loyee-in-excess of
this limit shall be known as the Employee.- "Restricted Bene-
fits".
(B) On the termination of an Employee's employment prior to the
payment of the Current Costs for 10 years hereunder and prior
to any discontinuance of this policy, payment of any "Re-
stricted Benefits" shall be withheld from the Employee by the
Company, whether in cash or as part of the cash value of a
converted individual policy. On payment of Current Costs
for 10 years, such withheld benefits shall be paid to the
Employee.
Notwithstanding the foregoing, in the event of the termination
of employment or retirement of an Employee covered hereunder,
the Company will, at the request of such Employee, distribute
L 500-356-15a
23. RESTRICTIONS IN THE FIRST TEN YEARS (Continued)
in a single sum as a cash settlement the net cash value of
such Employee's earned monthly retirement benefit at that
time; provided, however, that the Company is in receipt of
a written certification from the Owner that adequate provision
has been made for the repayment of any part of such distribu-
tion representing the "Restricted Benefit" portion thereof,
in the event of discontinuance of this policy, or default
in payment of the full Current Costs thereof for 10 years.
For purposes of this requirement, adequate provisions for
repayment shall be deemed to have been made if the Employee
shall have agreed with the Employer that at or before the
distribution of such total benefits by the Company, the
Employee will deposit with a depository acceptable to the
Employer, property or securities having a fair market value
of not less than 125% of the "Restricted Benefit" amount
which would be repayable if this policy had been discontinued
on the date of such distribution and, further, the Employee
shall have agreed that he will, at all times prior to the
date the Employer shall have paid the full Current Costs for
10 years on this policy, maintain in such depository, propert
or securities of not less than 125% of his "Restricted Benefit'
• amount.
(C) On the temporary suspension or termination of the Permanent
Plan, any "Restricted Benefit" payments for a retired Em-
ployee shall from such date be held by the Company. If the
Permanent Plan is later reinstates, the "Restricted Benefits"
held shall be paid to the retired Employee, and his retirement
payments shall thereupon be resu.,ed. On the discontinuance
of the policy, any "Restricted Benefits" for retired Employees
then held, together with the present value of restricted futur=
retirement payments, shall be forfeited by such Employees, and
shall be applied as provided in (D) below.
(D) On the discontinuance of this policy prior to the payment of t_._
Current Costs hereunder for 10 years, any sums then held unpai'_
by the Company under the terms of this provision, together wit`
the cash values of "Restricted Benefits" of all Employees then
insured hereunder, shall be applied on a pro rata basis to con-
tinue in force all unrestricted benefits in effect at the
discontinuance, for so long as such sums may serve. During
this period of extension, the termination of employment of an
Employee shall not terminate his coverage hereunder.
L 500-356-15b
•
0
2.;. RESTRICTIONS IN THE FIRST TEN YEARS (Continued)
Notwithstanding the foregoing, if the full Current Cos
• met at the end of any 10 -year period described above, these
shall continue for ten (10) years or thereafter until such
of the Plan are met.
If, during the period in which this provision
the regulations of the Internal Revenue Service ar
the restrictions thereof are no longer required, t
shall be cancelled from the effective date of the
is are not
restriction:
Current Cost:
would be applicable,
e amended so that
hen this provision
amendment.
L 500-356-15c
0
PART III.
RATES AND VALUES
1. PERMANENT PLAN PREMIUM SCHEDULE
The following premiums are applicable to each $1,000 of insurance
under the Permanent Plan at the attained age nearest birthday of the
Employee to the Effective Date of the insurance coverage,
L 500-356-16
0 PREMIUM SCHEDULE 0
• ATTAINED
AGE
ANNUAL SEMI-ANNUAL
REMIUM PREMIUM
QUARTERLY
16
11.36
5.74
2.90
17
11.63
5.87
2.97
18
11.91
6.01
3.04
19
12.19
6.16.
3.11
20
12.50
6.31
3.19
21
12.82
6.47
3.35
22
13.14
6.64
3.35
23
13.48
6.81
3.44
24
13.84
6.99
3.63
25
14.22
7.18
3.63
26
14.62
7.38
3.73
27
15.03
7.59
3.83
28
15.46
7.81
3.94
29
15.92
8.04
4.06
30
16.41
8.29
4.18
31
16.92
8.54
4.31
. 32
17.45
8.81
4.45
33
18.02
9.10
4.60
34
18.61
9.40
4.75
35
19.25
9.72
4.91
36
19.92
10.06
5.08
37
20.63
10.42
5.26
38
21.37
10.79
5.45
39
22.15
11.19
5.65
40
22.99
11.61
5.86
41
23.86
12.05
6.08
42
24.78
12.51
6.32
43
25.74
13.00
6.56
44
26.77
13.52
6.83
45
27.86
14.07
7.10
KI
1///''
1�0T.D
MONTHLY
.98
1.00
1.02
1.05
1.07
1.10
1.13
1.16
1.19
1.22
1.25
1.29
1.33
1.37
1.41
1.45
1.50
1.55
1.60
1.65
1.71
1.77
1.83
1.90
1.97
2.05
2.13
2.21
2.30
2.39
L 500-356-17
PREMIUM SCHEDULE 10
• ATTAINED ANNUAL SEMI-ANNUAL QUARTERLY MONTHLY:
AGE PREMIUM PREMIUM PREMIUM PREMIU??
46 29.02 14.66 7.40 2.49
47 30.23 15.27 7.71 2.59
48 31.52 15.92 8.04 2.71
49 32.89 16.61 8.39 2.82
50 34.35 17.35 8.76 2.95
51 35.91 18.13 9.16 3.08
52 37.54 18.96 9.57 3.22
53 39.26 19.83 10.01 3.37
54 41.11 20.76 10.48 3.53
55 43.12 21.78 11.00 3.70
56 45.24 22.85 11.54 3.88
57 47.47 23.97 12.10 4.07
58 49.85 25.17 12.71 4.28
59 52.42 26.47 13.37 4.50
60 55.23 27.89 14.08 4.74
61 58.22 29.40 14.85 5.00
62 61.36 30.99 15.65 5.27
63 64.74 32.69 16.51 5.56
64 68.43 34.56 17.45 5.87
65 72.50 36.61 18.49 6.22
66 76.82 38.79 19.59 6.59
67 81.34 41.08 23.74 6.98
68 86.27 43.57 32.00 7.40
69 91.84 46.38 23.42 7.88
70 98.26 49.62 25.06 8.43
71 105.54 53.30 26.91 9.06
72 113.54 57.34 28.95 9.75
73 122.25 61.74 31.17 10.49
74 131.66 66.49 33.57 11.30
75 141.79 71.60 36.16 12.17
II
L 500-356-17a