Common use of Consent Required for Certain Distributions Exceeding $5,000 Clause in Contracts

Consent Required for Certain Distributions Exceeding $5,000. A partial or total distribution may not be made when the present value of the nonforfeitable accrued benefit (including Employer and Employee contributions, but not including accumulated deductible Employee contributions) exceeds $5,000, unless the distribution is consented to in writing by the Participant and Participant’s Spouse, if any (or where either the Participant or the Spouse has died, the survivor). Notwithstanding the preceding, a distribution may be made without consent if, and only if, the distribution is in the form of a QPSA or a QJSA. The consent of a Participant and such Participant’s Spouse shall be obtained in writing within the 180-day period ending on the Annuity Starting Date. The Plan Administrator shall notify a Participant and such Participant’s Spouse of the right to defer any distribution until such Participant’s Account Balance is no longer immediately distributable. Notwithstanding the preceding, only a Participant need consent to the commencement of a distribution in the form of a Qualified Joint and Survivor Annuity while the Account balance is immediately distributable. An Account is immediately distributable if any part of the Account balance could be distributed to a Participant (or Surviving Spouse) before a Participant attains (or would have attained if not deceased) the later of Normal Retirement Age, or age 62. For purposes of the preceding paragraph, the applicable notice shall include a general description of the material features, and an explanation of the relative values of, the optional forms of benefit (methods of distribution) available under the Plan. Such explanation shall be in a manner that would satisfy the notice requirements of Section 6, and Code section 417(a)(3), and shall be provided no less than 30 days and no more than 180 days prior to the Annuity Starting Date.

Consent Required for Certain Distributions Exceeding $5,000. A partial or total distribution may not be made when the present value of the nonforfeitable accrued benefit (including Employer and Employee contributions, but not including accumulated deductible Employee contributions) exceeds $5,000, unless the distribution is consented to in writing by the Participant and Participant’s 's Spouse, if any (or where either the Participant or the Spouse has died, the survivor). Notwithstanding the preceding, a distribution may be made without consent if, and only if, the distribution is automatically in the form of a QPSA Qualified Pre-retirement Survivor Annuity or a QJSAQualified Joint and Survivor Annuity. The consent of a Participant and such Participant’s 's Spouse shall be obtained in writing within the 180-90 day period ending on the Annuity Starting Date. The Plan Administrator shall notify a Participant and such Participant’s 's Spouse of the right to defer any distribution until such Participant’s 's Account Balance is no longer immediately distributable. Notwithstanding the preceding, only a Participant need consent to the commencement of a distribution in the form of a Qualified Joint and Survivor Annuity while the Account balance is immediately distributable. An Account is immediately distributable if any part of the Account balance could be distributed to a Participant (or Surviving Spouse) before a Participant attains (or would have attained if not deceased) the later of Normal Retirement Age, or age 62. For purposes of the preceding paragraph, the applicable notice shall include a general description of the material features, and an explanation of the relative values of, the optional forms of benefit (methods of distribution) available under the Plan. Such explanation shall be in a manner that would satisfy the notice requirements of Section 6section 05(a), and Code section 417(a)(3), and shall be provided no less than 30 days and no more than 180 90 days prior to the Annuity Starting Date.

Consent Required for Certain Distributions Exceeding $5,000. A partial or total distribution may not be made when the present value of the nonforfeitable accrued benefit (including Employer and Employee contributions, but not including accumulated deductible Employee contributions) exceeds $5,000, unless the distribution is consented to in writing by the Participant and Participant’s 's Spouse, if any (or where either the Participant or the Spouse has died, the survivor). Notwithstanding the preceding, a distribution may be made without consent if, and only if, the distribution is automatically in the form of a QPSA Qualified Pre-retirement Survivor Annuity or a QJSAQualified Joint and Survivor Annuity. The consent of a Participant and such Participant’s 's Spouse shall be obtained in writing within the 180-90 day period ending on the Annuity Starting Date. The Plan Administrator shall notify a Participant and such Participant’s 's Spouse of the right to defer any distribution until such Participant’s 's Account Balance is no longer immediately distributable. Notwithstanding the preceding, only a Participant need consent to the commencement of a distribution in the form of a Qualified Joint and Survivor Annuity while the Account balance is immediately distributable. An Account is immediately distributable if any part of the Account balance could be distributed to a Participant (or Surviving Spouse) before a Participant attains (or would have attained if not deceased) the later of Normal Retirement Age, or age 62. For purposes of the preceding paragraph, the applicable notice shall include a general description of the material features, and an explanation of the relative values of, the optional forms of benefit (methods of distribution) available under the Plan. Such explanation shall be in a manner that would satisfy the notice requirements of Section 6section 05(a), and Code section 417(a)(3), and shall be provided no less than 30 days and no more than 180 90 days prior to the Annuity Starting Date. 100 ADOPTION AGREEMENT FOR METALS USA, INC. UNION 401(k) PLAN This Adoption Agreement is hereby executed on the 8th day of July, 2004, by Metals USA, Inc. (hereinafter referred to as the "Employer"), in its capacity as Plan Sponsor of the Metals USA, Inc. 401(k) Plan.