Common use of Amendment of Vesting Schedule Clause in Contracts

Amendment of Vesting Schedule. No amendment to the Plan shall have the effect of decreasing a Participant's vested interest determined without regard to such amendment as of the later of the date such amendment is adopted or the date it becomes effective. Further, if the vesting schedule of the Plan is amended, or the Plan is amended in any way that directly or indirectly affects the computation of any Participant's nonforfeitable percentage or if the Plan is deemed amended by an automatic change to or from a Top-Heavy vesting schedule, each Participant with at least three Years of Service with the Employer may elect, within a reasonable period after the adoption of the amendment, to have his or her nonforfeitable percentage computed under the Plan without regard to such amendment. For Participants who do not have at least one Hour of Service in any Plan Year beginning after 1988, the preceding sentence shall be applied by substituting "Five Years of Service" for "Three Years of Service" where such language appears. The period during which the election may be made shall commence with the date the amendment is adopted and shall end on the later of: (a) 60 days after the amendment is adopted; (b) 60 days after the amendment becomes effective; or (c) 60 days after the Participant is issued written notice of the amendment by the Employer or the Trustee. If the Trustee is asked to so notify, the Fund will be charged for the costs thereof. No amendment to the Plan shall be effective to the extent that it has the effect of decreasing a Participant's accrued benefit. Notwithstanding the preceding sentence, a Participant's account balance may be reduced to the extent permitted under section 412(c)(8) of the Code (relating to financial hardships). For purposes of this paragraph, a Plan amendment which has the effect of decreasing a Participant's account balance or eliminating an optional form of benefit, with respect to benefits attributable to service before the amendment, shall be treated as reducing an accrued benefit.

Amendment of Vesting Schedule. No amendment to the Plan shall have the effect of decreasing a Participant's vested interest ’s Vested Account Balance determined without regard to such amendment as of the later of the date such amendment is adopted or the date it becomes effective. Further, if the vesting schedule of the Plan is amended, or the Plan is amended in any way that directly or indirectly affects the computation of any Participant's Employee’s nonforfeitable percentage or if the Plan is deemed amended by an automatic change to or from a Top-Heavy vesting schedule, each Participant Employee with at least three (3) Years of Service with the Employer may elect, within a reasonable during the election period after the adoption of the amendmentdefined herein, to have his or her nonforfeitable percentage computed under the Plan without regard to such amendment. For Participants who do not have at least one (1) Hour of Service in any Plan Year beginning after 1988, the preceding sentence shall be applied by substituting "Five “five (5) Years of Service" ” for "Three “three (3) Years of Service" ” where such language appears. The period during which the election may be made shall commence with the date the amendment is adopted and shall end on the later of: (a) 60 sixty (60) days after the amendment is adopted; , sixty (b60) 60 days after the amendment becomes effective; or , or sixty (c60) 60 days after the Participant is issued written notice of the amendment by the Employer or the Trustee. If Should the Trustee is asked to so notifynotify the Participants involved, the Fund will Plan may be charged for the costs thereofincurred. No amendment to the Plan shall be effective to the extent that it has the effect of decreasing a Participant's ’s accrued benefit. Notwithstanding the preceding sentence, a Participant's ’s account balance may be reduced to the extent permitted under section Code Section 412(c)(8) of the Code (relating to financial hardships)Hardships. For purposes of this paragraph, a Plan amendment which has the effect of decreasing a Participant's ’s account balance or eliminating an optional form of benefit, with respect to benefits attributable to service Service before the amendment, shall be treated as reducing an accrued benefit.. Furthermore, if the vesting schedule of a Plan is amended, in the case of an Employee who is a Participant as of the later of the date such amendment is adopted or the date it becomes effective, the nonforfeitable percentage (determined as of such date) of such Employee’s Employer-derived accrued benefit will not be less than the percentage computed under the Plan without regard to such amendment. No amendment to the Plan shall be effective to eliminate or restrict an optional form of benefit. The preceding sentence shall not apply to a Plan amendment that eliminates or restricts the ability of a Participant to receive payment of his or her account balance under a particular form of benefit if the amendment satisfies the condition in (d) below:

Amendment of Vesting Schedule. No amendment to the Plan shall have the effect of decreasing a Participant's vested interest ’s Vested Account Balance determined without regard to such amendment as of the later of the date such amendment is adopted or the date it becomes effective. Further, if the vesting schedule of the Plan is amended, or the Plan is amended in any way that directly or indirectly affects the computation of any Participant's Employee’s nonforfeitable percentage or if the Plan is deemed amended by an automatic change to or from a Top-Heavy vesting schedule, each Participant Employee with at least three (3) Years of Service with the Employer may elect, within a reasonable during the election period after the adoption of the amendmentdefined herein, to have his or her nonforfeitable percentage computed under the Plan without regard to such amendment. For Participants who do not have at least one (1) Hour of Service in any Plan Year beginning after 1988, the preceding sentence shall be applied by substituting "Five “five (5) Years of Service" ” for "Three “three (3) Years of Service" ” where such language appears. The period during which the election may be made shall commence with the date the amendment is adopted and shall end on the later of: (a) 60 sixty (60) days after the amendment is adopted;, (b) 60 sixty (60) days after the amendment becomes effective; , or (c) 60 sixty (60) days after the Participant is issued written notice of the amendment by the Employer or the Trustee. If Should the Trustee is asked to so notifynotify the Participants involved, the Fund will Plan may be charged for the costs thereofincurred. No amendment to the Plan shall be effective to the extent that it has the effect of decreasing a Participant's ’s accrued benefit. Notwithstanding the preceding sentence, a Participant's ’s account balance may be reduced to the extent permitted under section Code Section 412(c)(8) of the Code (relating to financial hardships)Hardships. For purposes of this paragraph, a Plan amendment which has the effect of decreasing a Participant's ’s account balance or eliminating an optional form of benefit, with respect to benefits attributable to service Service before the amendment, shall be treated as reducing an accrued benefit. Furthermore, if the vesting schedule of a Plan is amended, in the case of an Employee who is a Participant as of the later of the date such amendment is adopted or the date it becomes effective, the nonforfeitable percentage (determined as of such date) of such Employee’s Employer-derived accrued benefit will not be less than the percentage computed under the Plan without regard to such amendment. No amendment to the Plan shall be effective to eliminate or restrict an optional form of benefit. The preceding sentence shall not apply to a Plan amendment that eliminates or restricts the ability of a Participant to receive payment of his or her account balance under a particular form of benefit if the amendment satisfies the condition in (d) below: (d) The amendment provides a single sum distribution form that is otherwise identical to the optional form of benefit restricted. For purposes of this condition, a single-sum distribution form is otherwise identical only if it is identical in all respects to the eliminated or restricted optional form of benefit (or would be identical except that it provides greater rights to the Participant) except with respect to the timing of payments after commencement.

Amendment of Vesting Schedule. No amendment to the (a) If a Participating Employer when it adopts this Plan shall have the effect of decreasing a Participant's vested interest determined without regard to such amendment as of the later of the date such amendment is adopted or the date it becomes effective. Further, if modifies the vesting schedule or the method of computing service for vesting purposes under a Prior Plan, a Participant who was a participant in such Prior Plan and who has not less than three (3) years of service for vesting purposes by the end of the Plan is amendedperiod described in subsection (c) shall be provided the opportunity to make the election described in subsection (b) within said period. In addition, if Xxxx modifies the vesting schedule or the Plan is amended in any way that directly or indirectly affects method of computing service for vesting purposes by amending the computation Plan, a Participant having not less than three (3) years of any Participant's nonforfeitable percentage or if such service by the Plan is deemed amended by an automatic change to or from a Top-Heavy vesting schedule, each Participant with at least three Years of Service with the Employer may elect, within a reasonable period after the adoption end of the amendment, period described in subsection (c) shall be given the opportunity to have his or her nonforfeitable percentage computed under make the Plan without regard to such amendmentelection described in subsection (b) within said period. For Participants who do not have at least one Hour hour of Service service in any Plan Year beginning after December 31, 1988, the preceding sentence this provision shall be applied by substituting "Five Years “5 years of Vesting Service" ” for "Three Years “3 years of Vesting Service" ” where such language appears. (b) A Participant described in subsection (a) may elect to have the Participant’s Vested percentage of the portion of the Participant’s Trust Fund Share attributable to the Participant’s Accounts which are not fully Vested computed under the Prior plan or under this Plan as it existed prior to the amendment of the Plan, whichever is applicable. The period during which An election made under this subsection (b) shall be irrevocable when it is made. (c) In order for the election may described in subsection (b) to be effective, it must be executed in writing upon forms to be provided by the Administrator or its delegate or made shall commence with by another method required or made available by the Administrator and must be delivered to the Administrator or its delegate on or after the effective date of adoption of the Plan by the Participating Employer or the date the amendment Plan is adopted amended (whichever is applicable) and shall end on before the later latest of: (a1) 60 The date which is sixty (60) days after said effective date or the amendment day the Plan is adopted;so amended, (b2) 60 The date which is sixty (60) days after said effective date or the day the new amendment becomes effective; or (c3) 60 The date that is sixty (60) days after the day the Participant is issued written notice by the Administrator or its delegate (the notice may be given electronically if permitted by applicable guidance) of said adoption of the Plan or amendment by of the Employer Plan. (d) The preceding provisions of this section shall not be applicable if after the modification described in Section 11.3(a) each Participant will always be at least as Vested at any point in time on or after the Trustee. modification as the Participant would have been without the modification. (e) If the Trustee is asked to so notify, the Fund will be charged for the costs thereof. No an amendment to the Plan shall be effective to modifies a vesting schedule or the extent that it has the effect method of decreasing a Participant's accrued benefit. Notwithstanding the preceding sentencecomputing Vesting Service, a Participant's account balance may be reduced to Participant who had any Trust Fund Share before the extent permitted under section 412(c)(8) later of the Code (relating to financial hardships). For purposes effective date or the date of this paragraph, a Plan the amendment which has shall have the effect Participant’s Vested portion of decreasing a the Participant's account balance ’s Trust Fund Share determined using whichever of the pre-amendment or eliminating an optional form of benefit, with respect to benefits attributable to service before post-amendment methods for determining vesting produces the amendment, shall be treated as reducing an accrued benefitgreatest Vested Share.

Amendment of Vesting Schedule. No amendment to the Plan shall have the effect of decreasing a Participant's vested interest determined without regard to such amendment as of the later of the date such amendment is adopted or the date it becomes effective. Further, if the vesting schedule of the Plan is amended, or the Plan is amended in any way that directly or indirectly affects the computation of any Participant's nonforfeitable percentage percentage, or if the Plan is deemed amended by an automatic change to or from a Top-Top Heavy vesting schedule, each Participant with at least three Years of Service with the Employer may elect, within a reasonable period after the adoption of the amendmentamendment or change, to have his or her nonforfeitable percentage computed under the Plan without regard to such amendmentamendment or change. For Participants who do not have at least one Hour of Service in any Plan Year beginning after 1988, the preceding sentence shall be applied by substituting "Five Years of Service" for "Three Years of Service" where such language appears. The period during which the election may be made shall commence with the date the amendment is adopted or deemed to be made and shall end on the later of: (a) 60 days after the amendment is adopted; (b) 60 days after the amendment becomes effective; or (c) 60 days after the Participant is issued written notice of the amendment by the Employer or the Trustee. If the Trustee is asked to so notify, the Fund will be charged for the costs thereof. No amendment to thereof unless the Plan shall be effective to Employer pays the extent that it has the effect of decreasing a Participant's accrued benefit. Notwithstanding the preceding sentence, a Participant's account balance may be reduced to the extent charges as permitted under section 412(c)(8) of the Code (relating to financial hardships). For purposes of this paragraph, a Plan amendment which has the effect of decreasing a Participant's account balance or eliminating an optional form of benefit, with respect to benefits attributable to service before the amendment, shall be treated as reducing an accrued benefitin paragraph 11.

Amendment of Vesting Schedule. No amendment to the Plan shall have the effect of decreasing a Participant's vested interest determined without regard to such amendment as of the later of the date such amendment is adopted or the date it becomes effective. Further, if the vesting schedule of the Plan is amended, or the Plan is amended in any way that directly or indirectly affects the computation of any Participant's nonforfeitable percentage or if the Plan is deemed amended by an automatic change to or from a Top-Heavy vesting schedule, each Participant with at least three Years of Service with the Employer may elect, within a reasonable period after the adoption of the amendment, to have his or her nonforfeitable percentage computed under the Plan without regard to such amendment. For Participants who do not have at least one Hour of Service in any Plan Year beginning after 1988, the preceding sentence shall be applied by substituting "Five Years of Service" for "Three Years of Service" where such language appears. The period during which the election may be made shall commence with the date the amendment is adopted and shall end on the later of: (a) 60 days after the amendment is adopted; (b) 60 days after the amendment becomes effective; or (c) 60 days after the Participant is issued written notice of the amendment by the Employer or the Trustee/Custodian. If the Trustee Trustee/Custodian is asked to so notify, the Fund will be charged for the costs thereof. No amendment to the Plan shall be effective to the extent that it has the effect of decreasing a Participant's accrued benefit. Notwithstanding the preceding sentence, a Participant's account balance may be reduced to the extent permitted under section 412(c)(8) of the Code (relating to financial hardships). For purposes of this paragraph, a Plan amendment which has the effect of decreasing a Participant's account balance or eliminating an optional form of benefit, with respect to benefits attributable to service before the amendment, shall be treated as reducing an accrued benefit.

Amendment of Vesting Schedule. No amendment to the Plan shall have the effect of decreasing a Participant's vested interest ’s Vested Account Balance determined without regard to such amendment as of the later of the date such amendment is adopted or the date it becomes effective. Further, if the vesting schedule of the Plan is amended, or the Plan is amended in any way that directly or indirectly affects the computation of any Participant's Employee’s nonforfeitable percentage or if the Plan is deemed amended by an automatic change to or from a Top-Heavy vesting schedule, each Participant Employee with at least three (3) Years of Service with the Employer may elect, within a reasonable during the election period after the adoption of the amendmentdefined herein, to have his or her nonforfeitable percentage computed under the Plan without regard to such amendment. For Participants who do not have at least one (1) Hour of Service in any Plan Year beginning after 1988, the preceding sentence shall be applied by substituting "Five “five (5) Years of Service" ” for "Three “three (3) Years of Service" ” where such language appears. The period during which the election may be made shall commence with the date the amendment is adopted and shall end on the later of: (a) 60 sixty (60) days after the amendment is adopted; (b) 60 sixty (60) days after the amendment becomes effective; , or (c) 60 sixty (60) days after the Participant is issued written notice of the amendment by the Employer or the Trustee. If Should the Trustee is asked to so notifynotify the Participants involved, the Fund will Plan may be charged for the costs thereofincurred. No amendment to the Plan shall be effective to the extent that it has the effect of decreasing a Participant's ’s accrued benefit. Notwithstanding the preceding sentence, a Participant's ’s account balance may be reduced to the extent permitted under section Code Section 412(c)(8) of the Code (relating to financial hardships)Hardships. For purposes of this paragraph, a Plan amendment which has the effect of decreasing a Participant's ’s account balance or eliminating an optional form of benefit, with respect to benefits attributable to service Service before the amendment, shall be treated as reducing an accrued benefit. Furthermore, if the vesting schedule of a Plan is amended, in the case of an Employee who is a Participant as of the later of the date such amendment is adopted or the date it becomes effective, the nonforfeitable percentage (determined as of such date) of such Employee’s Employer-derived accrued benefit will not be less than the percentage computed under the Plan without regard to such amendment. No amendment to the Plan shall be effective to eliminate or restrict an optional form of benefit. The preceding sentence shall not apply to a Plan amendment that eliminates or restricts the ability of a Participant to receive payment of his or her account balance under a particular form of benefit if the amendment satisfies the condition in (d) below: (d) The amendment provides a single sum distribution form that is otherwise identical to the optional form of benefit restricted. For purposes of this condition, a single-sum distribution form is otherwise identical only if it is identical in all respects to the eliminated or restricted optional form of benefit (or would be identical except that it provides greater rights to the Participant) except with respect to the timing of payments after commencement.

Amendment of Vesting Schedule. No amendment to the Plan shall have the effect of decreasing a Participant's vested interest ’s Vested Account Balance determined without regard to such amendment as of the later of the date such amendment is adopted or the date it becomes effective. Further, if the vesting schedule of the Plan is amended, or the Plan is amended in any way that directly or indirectly affects the computation of any Participant's ’s nonforfeitable percentage or if the Plan is deemed amended by an automatic change to or from a Top-Heavy vesting schedule, each Participant with at least three (3) Years of Service with the Employer may elect, within a reasonable during the election period after the adoption of the amendmentdefined herein, to have his or her nonforfeitable percentage computed under the Plan without regard to such amendment. For Participants who do not have at least one (1) Hour of Service in any Plan Year beginning after 1988, the preceding sentence shall be applied by substituting "Five “five (5) Years of Service" ” for "Three “three (3) Years of Service" ” where such language appears. The period during which the election may be made shall commence with the date the amendment is adopted and shall end on the later of: (a) 60 sixty (60) days after the amendment is adopted;, (b) 60 sixty (60) days after the amendment becomes effective; , or (c) 60 sixty (60) days after the Participant is issued written notice of the amendment by the Employer or the Trustee. If the Trustee is asked to so notifynotifies the Participants involved, the Fund will Plan may be charged for the costs thereof. No amendment to the Plan shall be effective to the extent that it has the effect of decreasing a Participant's ’s accrued benefit. Notwithstanding the preceding sentence, a Participant's ’s account balance may be reduced to the extent permitted under section Code Section 412(c)(8) of the Code (relating to financial hardships). For purposes of this paragraph, a Plan amendment which has the effect of decreasing a Participant's ’s account balance or eliminating an optional form of benefit, with respect to benefits attributable to service Service before the amendment, shall be treated as reducing an accrued benefit. Furthermore, if the vesting schedule of a Plan is amended, in the case of an Employee who is a Participant as of the later of the date such amendment is adopted or the date it becomes effective, the nonforfeitable percentage (determined as of such date) of such Employee’s Employer-derived accrued benefit will not be less than the percentage computed under the Plan without regard to such amendment. No amendment to the Plan shall be effective to eliminate or restrict an optional form of benefit. The preceding sentence shall not apply to a Plan amendment that eliminates or restricts the ability of a Participant to receive payment of his or her account balance under a particular form of benefit if the amendment satisfies the conditions in (d) or (e) below: (d) The amendment provides a single sum distribution form that is otherwise identical to the optional form of benefit restricted. For purposes of this condition, a single-sum distribution form is otherwise identical only if it is identical in all respects to the eliminated or restricted optional form of benefit (or would be identical except that it provides greater rights to the Participant) except with respect to the timing of payments after commencement. (e) The amendment is not effective unless it provides that the amendment shall not apply to any distribution with an Annuity Starting Date earlier than the earlier of (i) the ninetieth (90th) day after the date the Participant receiving the distribution has been furnished a summary that reflects the amendment and that satisfies the ERISA requirements at 29 CFR 2520.104b-3 relating to a summary of material modifications or (ii) the first day of the second Plan Year following the Plan Year in which the amendment is adopted.

Amendment of Vesting Schedule. No amendment to the Plan shall have the effect of decreasing a Participant's vested interest Vested Account Balance determined without regard to such amendment as of the later of the date such amendment is adopted or the date it becomes effective. Further, if the vesting schedule of the Plan is amended, or the Plan is amended in any way that directly or indirectly affects the computation of any Participant's nonforfeitable percentage or if the Plan is deemed amended by an automatic change to or from a Top-Heavy vesting schedule, each Participant with at least three (3) Years of Service with the Employer may elect, within a reasonable during the election period after the adoption of the amendmentdefined herein, to have his or her nonforfeitable percentage computed under the Plan without regard to such amendment. For Participants who do not have at least one (1) Hour of Service in any Plan Year beginning after 1988, the preceding sentence shall be applied by substituting "Five five (5) Years of Service" for "Three three (3) Years of Service" where such language appears. The period during which the election may be made shall commence with the date the amendment is adopted and shall end on the later of: (a) 60 sixty (60) days after the amendment is adopted;, (b) 60 sixty (60) days after the amendment becomes effective; or , or sixty (c60) 60 days after the Participant is issued written notice of the amendment by the Employer or the Trustee. If the Trustee is asked to so notifynotifies the Participants involved, the Fund will Plan may be charged for the costs thereof. No amendment to the Plan shall be effective to the extent that it has the effect of decreasing a Participant's accrued benefit. Notwithstanding the preceding sentence, a Participant's account balance may be reduced to the extent permitted under section Code Section 412(c)(8) of the Code (relating to financial hardships). For purposes of this paragraph, a Plan amendment which has the effect of decreasing a Participant's account balance or eliminating an optional form of benefit, with respect to benefits attributable to service Service before the amendment, shall be treated as reducing an accrued benefit.. Furthermore, if the vesting schedule of a Plan is amended, in the case of an Employee who is a Participant as of the later of the date such amendment is adopted or the date it becomes effective, the nonforfeitable percentage (determined as of such date) of such Employee's Employer-derived accrued benefit will not be less than the percentage computed under the Plan without regard to such amendment. No amendment to the Plan shall be effective to eliminate or restrict an optional form of benefit. The preceding sentence shall not apply to a Plan amendment that eliminates or restricts the ability of a Participant to receive payment of his or her account balance under a particular form of benefit if the amendment satisfies the conditions in (d) or (e) below:

Amendment of Vesting Schedule. a. No amendment to the of this Plan shall have the effect of decreasing may decrease a Participant's vested interest determined without regard to Vested Status if such amendment as Participant has already earned such Vested Status at the time of the later of amendment. If the date such amendment is adopted or the date it becomes effective. Furtherplan's vesting schedule, if the vesting schedule of the Plan any, is amended, or the Plan is amended in any way that directly or indirectly affects the computation of any a Participant's nonforfeitable percentage percentage, or if the Plan is deemed amended by an automatic change to or from a Toptop-Heavy heavy vesting schedule, in the case of an Employee who is a Participant as of the later of the adoption date of such amendment or change or the effective date of such amendment or change, the nonforfeitable percentage (determined as of that date) of such Employees' Employer-provided accrued benefit will not be less than the percentage computed under the Plan without regard to such amendment or change. Furthermore, each Participant with at least three (3) Years of Vesting Service with the Employer may elect, elect within a reasonable period after the adoption of the amendment, amendment or change to have his or her nonforfeitable percentage computed under the Plan without regard to such amendmentamendment or change. For Participants a Participant who do does not have at least one (1) Hour of Service in any Plan Year beginning after December 31, 1988, the preceding sentence shall be applied by substituting "Five five (5) Years of Service" Vesting Service for "Three three (3) Years of Service" where Vesting Service wherein such language appears. The period during which the election may be made shall commence will begin with the date the amendment is adopted or deemed to have been made and shall end on the later oflatest of sixty (60) days after: (a) 60 days after the 1. The amendment is adopted; (b) 60 days after the 2. The amendment becomes effective; or (c) 60 days after 3. The date the Participant is issued given written notice of the amendment by amendment. With respect to benefits accrued as of the Employer later of the adoption or effective date of the amendment, the vested percentage of each Participant will be the greater of the vested percentage under the old vesting schedule or the Trustee. If vested percentage under the Trustee is asked to so notify, the Fund will be charged for the costs thereof. new vesting schedule. b. No amendment to the Plan (including a change in the actuarial basis for determining optional or early retirement benefits) shall be effective to the extent that it has the effect of decreasing a Participant's accrued benefit. Notwithstanding the preceding sentence, a Participant's account balance may be reduced to the extent benefit unless permitted under section 412(c)(8) of the Code (relating to financial hardships)by applicable law. For purposes of this paragraphSection, a Plan amendment which that has the effect of decreasing a Participant's account balance (1) eliminating or reducing an early retirement benefit or retirement-type subsidy, or (2) eliminating an optional form of benefit, with respect to benefits attributable to service before the amendment, amendment shall be treated as reducing an accrued benefits. In the case of a retirement-type subsidy, the preceding sentence shall only apply with respect to a Participant who satisfies (either before or after the amendment) the pre-amendment conditions for the subsidy. Notwithstanding the preceding sentences, a Participant's accrued benefit, early retirement benefit, retirement-type subsidy, or optional form of benefit may be reduced to the extent permitted by applicable law.

Amendment of Vesting Schedule. No amendment to the Plan shall have the effect of decreasing a Participant's vested interest determined without regard to such amendment as of the later of the date such amendment is adopted or the date it becomes effective. Further, if the vesting schedule of the Plan is amended, or the Plan is amended in any way that directly or indirectly affects the computation of any Participant's nonforfeitable percentage percentage, or if the Plan is deemed amended by an automatic change to or from a Top-Heavy vesting schedule, each Participant with at least three Years of Service with the Employer may elect, within a reasonable period after the adoption of the amendmentamendment or change, to have his or her nonforfeitable percentage computed under the Plan without regard to such amendmentamendment or change. For Participants who do not have at least one Hour of Service in any Plan Year beginning after 1988, the preceding sentence shall be applied by substituting "Five Years of Service" for "Three Years of Service" where such language appears. The period during which the election may be made shall commence with the date the amendment is adopted or deemed to be made and shall end on the later of: (a) 60 days after the amendment is adopted; (b) 60 days after the amendment becomes effective; or (c) 60 days after the Participant is issued written notice of the amendment by the Employer or the Trustee. If the Trustee is asked to so notify, the Fund will be charged for the costs thereof. No amendment to thereof unless the Plan shall be effective to Employer pays the extent that it has the effect of decreasing a Participant's accrued benefit. Notwithstanding the preceding sentence, a Participant's account balance may be reduced to the extent charges as permitted under section 412(c)(8) of the Code (relating to financial hardships). For purposes of this paragraph, a Plan amendment which has the effect of decreasing a Participant's account balance or eliminating an optional form of benefit, with respect to benefits attributable to service before the amendment, shall be treated as reducing an accrued benefitin paragraph 11.

Amendment of Vesting Schedule. ‌ a. No amendment to the of this Plan shall have the effect of decreasing may decrease a Participant's vested interest determined without regard to Vested Status if such amendment as Participant has already earned such Vested Status at the time of the later of amendment. If the date such amendment is adopted or the date it becomes effective. Furtherplan's vesting schedule, if the vesting schedule of the Plan any, is amended, or the Plan is amended in any way that directly or indirectly affects the computation of any a Participant's nonforfeitable percentage percentage, or if the Plan is deemed amended by an automatic change to or from a Toptop-Heavy heavy vesting schedule, in the case of an Employee who is a Participant as of the later of the adoption date of such amendment or change or the effective date of such amendment or change, the nonforfeitable percentage (determined as of that date) of such Employees' Employer-provided accrued benefit will not be less than the percentage computed under the Plan without regard to such amendment or change. Furthermore, each Participant with at least three (3) Years of Vesting Service with the Employer may elect, elect within a reasonable period after the adoption of the amendment, amendment or change to have his or her nonforfeitable percentage computed under the Plan without regard to such amendmentamendment or change. For Participants a Participant who do does not have at least one (1) Hour of Service in any Plan Year beginning after December 31, 1988, the preceding sentence shall be applied by substituting "Five five (5) Years of Service" Vesting Service for "Three three (3) Years of Service" where Vesting Service wherein such language appears. The period during which the election may be made shall commence will begin with the date the amendment is adopted or deemed to have been made and shall end on the later oflatest of sixty (60) days after: (a) 60 days after the 1. The amendment is adopted; (b) 60 days after the 2. The amendment becomes effective; or (c) 60 days after 3. The date the Participant is issued given written notice of the amendment by amendment. With respect to benefits accrued as of the Employer later of the adoption or effective date of the amendment, the vested percentage of each Participant will be the greater of the vested percentage under the old vesting schedule or the Trustee. If vested percentage under the Trustee is asked to so notify, the Fund will be charged for the costs thereof. new vesting schedule. b. No amendment to the Plan (including a change in the actuarial basis for determining optional or early retirement benefits) shall be effective to the extent that it has the effect of decreasing a Participant's accrued benefit. Notwithstanding the preceding sentence, a Participant's account balance may be reduced to the extent benefit unless permitted under section 412(c)(8) of the Code (relating to financial hardships)by applicable law. For purposes of this paragraphSection, a Plan amendment which that has the effect of decreasing a Participant's account balance (1) eliminating or reducing an early retirement benefit or retirement-type subsidy, or (2) eliminating an optional form of benefit, with respect to benefits attributable to service before the amendment, amendment shall be treated as reducing an accrued benefits. In the case of a retirement-type subsidy, the preceding sentence shall only apply with respect to a Participant who satisfies (either before or after the amendment) the pre-amendment conditions for the subsidy. Notwithstanding the preceding sentences, a Participant's accrued benefit, early retirement benefit, retirement-type subsidy, or optional form of benefit may be reduced to the extent permitted by applicable law.

Amendment of Vesting Schedule. No amendment to the Plan shall have the effect of decreasing a Participant's vested interest ’s Vested Account Balance determined without regard to such amendment as of the later of the date such amendment is adopted or the date it becomes effective. This includes a Plan amendment that decreases a Participant’s vested account balance, or otherwise places greater restrictions or conditions on a Participant’s rights to Code Section 411(d)(6) protected benefits, even if the amendment merely adds a restriction or condition that is permitted under Code Section 412(d)(2) or to the extent permitted under Regulations Sections 1.411(d)-3 and 1.411(d)-4. Further, if the vesting schedule of the Plan is amended, or the Plan is amended in any way that directly or indirectly affects the computation of any Participant's Employee’s nonforfeitable percentage or if the Plan is deemed amended by an automatic change to or from a Top-Heavy vesting schedule, each Participant Employee with at least three (3) Years of Service with the Employer may elect, within a reasonable during the election period after the adoption of the amendmentdefined herein, to have his or her nonforfeitable percentage computed under the Plan without regard to such amendment. For Participants who do not have at least one (1) Hour of Service in any Plan Year beginning after 1988, the preceding sentence shall be applied by substituting "Five “five (5) Years of Service" ” for "Three “three (3) Years of Service" ” where such language appears. The period during which the election may be made shall commence with the date the amendment is adopted and shall end on the later of: (a) 60 sixty (60) days after the amendment is adopted;, (b) 60 sixty (60) days after the amendment becomes effective; , or (c) 60 sixty (60) days after the Participant is issued written notice of the amendment by the Employer or the Trustee. If Should the Trustee is asked to so notifynotify the Participants involved, the Fund will Plan may be charged for the costs thereof. No amendment to the Plan shall be effective to the extent that it has the effect of decreasing a Participant's accrued benefitincurred. Notwithstanding the preceding sentence, a Participant's ’s account balance may be reduced to the extent permitted under section 412(c)(8Code Section 412(d)(2) of or to the Code (relating to financial hardships)extent permitted under Regulations Sections 1.411(d)-3 and 1.411(d)-4. For purposes of this paragraph, a Plan amendment which has the effect of decreasing a Participant's ’s account balance or eliminating an optional form of benefit, with respect to benefits attributable to service Service before the amendment, shall be treated as reducing an accrued benefit. Furthermore, if the vesting schedule of a Plan is amended, in the case of an Employee who is a Participant as of the later of the date such amendment is adopted or the date it becomes effective, the nonforfeitable percentage (determined as of such date) of such Employee’s Employer-derived accrued benefit will not be less than the percentage computed under the Plan without regard to such amendment. No amendment to the Plan shall be effective to eliminate or restrict an optional form of benefit. The preceding sentence shall not apply to a Plan amendment that eliminates or restricts the ability of a Participant to receive payment of his or her account balance under a particular form of benefit if the amendment provides a single sum distribution form that is otherwise identical to the optional form of benefit restricted. For purposes of this condition, a single-sum distribution form is otherwise identical only if it is identical in all respects to the eliminated or restricted optional form of benefit (or would be identical except that it provides greater rights to the Participant) except with respect to the timing of payments after commencement.