401(k) Plus Savings Plan and Trust - 范本

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Table of Contents

 

1 DEFINITIONS

2 ELIGIBILITY

2.1 Eligibility

2.2 Ineligible Employees

2.3 Ineligible, Terminated or Former Participants

3 PARTICIPANT CONTRIBUTIONS

3.1 Pre-Tax Contribution Election

3.2 Changing a Contribution Election

3.3 Revoking and Resuming a Contribution Election

3.4 Contribution Percentage Limits

3.5 Refunds When Contribution Dollar Limit Exceeded

3.6 Timing, Posting and Tax Considerations

4 ROLLOVER CONTRIBUTIONS AND TRANSFERS FROM AND TO OTHER QUALIFIED PLANS

4.1 Rollover Contributions

4.2 Transfers From and To Other Qualified Plans

5 EMPLOYER CONTRIBUTIONS

5.1 Matching Contributions

6 ACCOUNTING

6.1 Individual Participant Accounting

6.2 Valuation Date Accounting and Investment Cycle

6.3 Accounting for Investment Funds

6.4 Payment of Fees and Expenses

6.5 Accounting for Participant Loans

6.6 Error Correction

6.7 Participant Statements

6.8 Special Accounting During Conversion Period

6.9 Accounts for Alternate Payees

7 INVESTMENT FUNDS AND ELECTIONS

7.1 Investment Funds

7.2 Responsibility for Investment Choice

7.3 Investment Fund Elections

7.4 Default if No Valid Investment Election

7.5 Investment Fund Election Change Fees

8 VESTING

8.1 Fully Vested Accounts

9 PARTICIPANT LOANS

9.1 Participant Loans Permitted

9.2 Loan Application, Note and Security

9.3 Spousal Consent

9.4 Loan Approval

9.5 Loan Funding Limits, Account Sources and Funding Order

9.6 Maximum Number of Loans

9.7 Source and Timing of Loan Funding

9.8 Interest Rate

9.9 Loan Payment

9.10 Loan Payment Hierarchy

9.11 Repayment Suspension

9.12 Loan Default

9.13 Call Feature

10 IN-SERVICE WITHDRAWALS

10.1 In-Service Withdrawals Permitted

10.2 In-Service Withdrawal Application and Notice

10.3 Spousal Consent

10.4 In-Service Withdrawal Approval

10.5 Payment Form and Medium

10.6 Source and Timing of In-Service Withdrawal Funding

10.7 Hardship Withdrawals

10.8 After-Tax Account Withdrawals

10.9 Rollover Account Withdrawals

10.10 Over Age 59 1/2 Withdrawals

11 DISTRIBUTIONS ONCE EMPLOYMENT ENDS OR BY REASON OF A PARTICIPANT'S REQUIRED BEGINNING DATE

11.1 Benefit Information, Notices and Election

11.2 Spousal Consent

11.3 Payment Form and Medium

11.4 Source and Timing of Distribution Funding

11.5 Latest Commencement Permitted

11.6 Payment Within Life Expectancy

11.7 Incidental Benefit Rule

11.8 Payment to Beneficiary

11.9 Beneficiary Designation

12 ADP AND ACP TESTS

12.1 Contribution Limitation Definitions

12.2 ADP and ACP Tests

12.3 Correction of ADP and ACP Tests

12.4 Multiple Use Test

12.5 Correction of Multiple Use Test

12.6 Adjustment for Investment Gain or Loss

12.7 Testing Responsibilities and Required Records

12.8 Separate Testing

13 MAXIMUM CONTRIBUTION AND BENEFIT LIMITATIONS

13.1 "Annual Addition" Defined

13.2 Maximum Annual Addition

13.3 Avoiding an Excess Annual Addition

13.4 Correcting an Excess Annual Addition

13.5 Correcting a Multiple Plan Excess

13.6 "Defined Benefit Fraction" Defined

13.7 "Defined Contribution Fraction" Defined

13.8 Combined Plan Limits and Correction

14 TOP HEAVY RULES

14.1 Top Heavy Definitions

14.2 Special Contributions

14.3 Adjustment to Combined Limits for Different Plans

15 PLAN ADMINISTRATION

15.1 Plan Delineates Authority and Responsibility

15.2 Fiduciary Standards

15.3 Company is ERISA Plan Administrator

15.4 Administrator Duties

15.5 Advisors May be Retained

15.6 Delegation of Administrator Duties

15.7 Committee Operating Rules

16 MANAGEMENT OF INVESTMENTS

16.1 Trust Agreement

16.2 Investment Funds

16.3 Authority to Hold Cash

16.4 Trustee to Act Upon Instructions

16.5 Administrator Has Right to Vote Registered Investment Company Shares

16.6 Custom Fund Investment Management

16.7 Master Custom Fund

16.8 Authority to Segregate Assets

17 TRUST ADMINISTRATION

17.1 Trustee to Construe Trust

17.2 Trustee To Act As Owner of Trust Assets

17.3 United States Indicia of Ownership

17.4 Tax Withholding and Payment

17.5 Trust Accounting

17.6 Valuation of Certain Assets

17.7 Legal Counsel

17.8 Fees and Expenses

17.9 Trustee Duties and Limitations

18 RIGHTS, PROTECTION, CONSTRUCTION AND JURISDICTION

18.1 Plan Does Not Affect Employment Rights

18.2 Compliance With USERRA

18.3 Limited Return of Contributions

18.4 Assignment and Alienation

18.5 Facility of Payment

18.6 Reallocation of Lost Participant's Accounts

18.7 Suspension of Certain Plan Provisions During Conversion Period

18.8 Suspension of Certain Plan Provisions During Other Periods

18.9 Claims Procedure

18.10 Construction

18.11 Jurisdiction and Sever ability

18.12 Indemnification by Employer

19 AMENDMENT, MERGER, DIVESTITURES AND TERMINATION

19.1 Amendment

19.2 Merger

19.3 Divestitures

19.4 Plan Termination and Complete Discontinuance of Contributions

19.5 Amendment and Termination Procedures

19.6 Termination of Employer's Participation

19.7 Replacement of the Trustee

19.8 Final Settlement and Accounting of Trustee

APPENDIX A- INVESTMENT FUNDS

APPENDIX B- PAYMENT OF PLAN FEES AND EXPENSES

APPENDIX C- LOAN INTEREST RATE

 

以上为全文目录,正文见附件

 

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发布于 2021-03-05 17:31:40
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