Employees' Deferred Profit Sharing Retirement Plan - 范本

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Bio-Rad Laboratories, Inc. 
Employees' Deferred Profit Sharing Retirement Plan

 

 

(As Amended and Restated Effective January 1, 1989, and Including
Additional Amendments Adopted Through December 31, 1994)

 

 

 

Bio-Rad Laboratories, Inc.
Employees' Deferred Profit Sharing Retirement Plan

 

全文目录如下:

详细内容见附件

 

ARTICLE 1.  NAME, EFFECTIVE DATE, PURPOSE AND CONSTRUCTION

1.01 Plan Name

1.02 Effective Date

1.03 Purpose and History

1.04 Construction

1.05 Employment Relationship Not Affected

1.06 Terminated Participants Not Affected

ARTICLE 2.  DEFINITIONS

2.01 "Account"

2.02 "Affiliated Employer"

2.03 "Allowable Compensation"

2.04 "Alternate Payee"

2.05 "Beneficiary"

2.06 "Break in Service"

2.07 "Code"

2.08 "Committee"

2.09 "Date of Hire"

2.10 "Deferred Retirement Date"

2.11 "Determination Date"

2.12 "Direct Rollover"

2.13 "Disability"

2.14 "Distribute"

2.15 "Eligible Employee"

2.16 "Eligible Participant"

2.17 "Eligible Retirement Plan"

2.18 "Eligible Rollover Distribution"

2.19 "Employee"

2.20 "Employer"

2.21 "Entry Date"

2.22 "ERISA"

2.23 "General Trust Fund"

2.24 "Highly Compensated Employee"

2.25 "Hour of Service"

2.26 "Inactive Participant"

2.27 "Key Employee"

2.28 "Leased Employee"

2.29 "Non-Highly Compensated Employee"

2.30 "Non-Key Employee"

2.31 "Normal Retirement Date"

2.32 "Owner"

2.33 "Participant"

2.34 "Plan"

2.35 "Plan Administrator"

2.36 "Plan Compensation"

2.37 "Plan Year"

2.38 "Profit Sharing Account"

2.39 "Qualified Domestic Relations Order (QDRO)"

2.40 "Service"

2.41 "Spousal Consent"

2.42 "Suspense Account"

2.43 "TEFRA"

2.44 "Testing Compensation"

2.45 "Top-Heavy Plan"

2.46   "Trust"

2.47 "Trust Agreement"

2.48 "Trust Fund"

2.49 "Trustee"

2.50 "Valuation Date"

2.51 List of Terms Defined Elsewhere

ARTICLE 3.  ELIGIBILITY, PARTICIPATION AND BENEFICIARY DESIGNATION

3.01 Definitions

3.02 Participation

3.03 Beneficiary Designation

3.04 Change from Ineligible to Eligible Employee

3.05 Former Employee Rehired

3.06 Committee Determines Eligibility

ARTICLE 4.  CONTRIBUTIONS

4.01 Employer Contributions

4.02 Timing of, Limitations on and Return of Employer Contributions

ARTICLE 5.  ALLOCATION OF CONTRIBUTIONS

5.01 Definitions

5.02 Allocation Methods

5.03 Limitations on Annual Allocations

5.04 Restoration Procedures

ARTICLE 6.  VESTING OF ACCOUNTS

6.01 Automatic Vesting

6.02 Vesting Based of Service

6.03 Top-Heavy Vesting

6.04 Years of Service for Vesting

6.05 Forfeitures and Restorations

6.06 No Divestment

6.07 Amendment to Vesting

6.08 Failure to Locate Recipient

ARTICLE 7.  ALLOCATION OF TRUST INCOME OR LOSS

7.01 Determination of Net Income

7.02 Valuation

7.03 Valuation Dates

7.04 Special Valuation Dates at Committee Discretion

ARTICLE 8.  PARTICIPANTS' ACCOUNTS

8.01 Separate Accounts

8.02 Statement of Accounts

8.03 Valuation of Account When Payment Due

ARTICLE 9.  DISTRIBUTIONS AND WITHDRAWALS

9.01 General

9.02 Administrative Rules

9.03 Timing of Distributions

9.04 Treatment of Deferred Amounts

9.05 Methods of Distribution

9.06 Distribution in Periodic Payments

9.07 Distribution Upon Death of Participant

9.08 Distributions to Minors or Legally Incompetent Persons

9.09 Direct Rollover of Eligible Rollover Distributions

9.10 Withholding on Distributions

9.11 Tax Information To Be Provided

ARTICLE 10.  SERVICE

10.01 Definitions

10.02 Crediting of Hours Subject to DOL Regulation

10.03 Hours of Service Equivalency

ARTICLE 11.  FIDUCIARY RESPONSIBILITY

11.01 Named Fiduciaries

11.02 Fiduciary Standards

11.03 Fiduciaries Liable for Breach of Duty

11.04 Fiduciary May Employ Agents

11.05 Authority Outlined

11.06 Fiduciaries Not to Engage in Prohibited Transactions

ARTICLE 12.  ADMINISTRATIVE COMMITTEE

12.01 Appointment of Administrative Committee

12.02 Committee Operating Rules

12.03 Duties of Plan Administrator

12.04 Record keeping Duties of the Committee

12.05 Committee Powers

12.06 Committee to Establish Funding Policy

12.07 Committee May Retain Advisors

12.08 Claims Procedure

12.09 Committee Indemnification

ARTICLE 13.  INVESTMENTS AND LOANS

13.01 Investment Authority

13.02 Use of Mutual or Commingled Funds Permitted

13.03 Trustees May Hold Necessary Cash

13.04 Trustees to Act Upon Committee Instruction

13.05 Appointment of Investment Manager

13.06 No Loans Permitted

ARTICLE 14.  TRUSTEE

14.01 Trustees Duties

14.02 Indicia of Ownership Must Be in United States

14.03 Permissible Trustees Action

14.04 Trustee's Fees For Services and Advisors Retained

14.05 Annual Accounting and Asset Valuation

14.06 Trustee Removal or Resignation

14.07 Approval of Trustees Accounting

14.08 Trust Not Terminated Upon Trustees Removal or Resignation

14.09 Trustees May Consult With Legal Counsel

14.10 Trustees Not Required to Verify Identification or Addresses

14.11 Individual Trustee Rules

14.12 Indemnification of Trustee and Insurance

14.13 Income Tax Withholding

ARTICLE 15.  AMENDMENT, TERMINATION AND MERGER

15.01 Trust is Irrevocable

15.02 Employer May Amend Trust Agreement

15.03 Employer May Terminate Plan or Discontinue Profit Sharing Contributions

15.04 Timing of Plan Termination

15.05 Action Required Upon Plan Termination

15.06 Non reversion of Assets

15.07 Merger or Consolidation Cannot Reduce Benefits

ARTICLE 16.  ASSIGNMENTS

16.01 No Assignment

16.02 Qualified Domestic Relations Order Permitted

ARTICLE 17.  ADOPTION OF THE PLAN BY AFFILIATED EMPLOYERS

17.01 General

17.02 Written Consent Required

17.03 Rights of Member Employer

17.04 Member Employer May Terminate Participation

17.05 Member Employer Liability

 

 

Bio-Rad Laboratories, Inc. 
Employees' Deferred Profit Sharing Retirement Plan

 

THIS TRUST AGREEMENT is made and entered into by and between BIO-RAD LABORATORIES, INC. (the "Employer") and DAVID SCHWARTZ and JAMES VIGLIENZONE (the "Trustees").

ARTICLE 1.
NAME, EFFECTIVE DATE, PURPOSE AND CONSTRUCTION

1.01 Plan Name

The Plan set forth in this Trust Agreement shall be known as the Bio-Rad Laboratories, Inc. Employees' Deferred Profit Sharing Retirement Plan.

1.02 Effective Date

附件:

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