Common use of In-Service Withdrawals Clause in Contracts

In-Service Withdrawals. If elected in the Adoption Agreement, an Employer may elect to permit a Participant in the Plan to make an in-service withdrawal, subject to any limitation(s) specified in the Adoption Agreement. (a) Unless indicated otherwise on the Adoption Agreement, a Participant may withdraw all or any part of the fair market value of his or her Voluntary or Required After-tax Contributions as described in Article IV, other than Elective Deferrals or Xxxx Elective Deferrals, upon request to the Plan Administrator. No amount of the Employer’s Contribution will be forfeited solely as a result of a Participant’s withdrawal of an amount pursuant to this paragraph 6.10. Unless indicated otherwise in the Adoption Agreement, Rollover and Transfer Contributions, and the income allocable to each, may be withdrawn at any time. (b) Subject to Article VIII, Joint and Survivor Annuity Requirements (if applicable) and pursuant to the Employer’s election in the Adoption Agreement, a Participant may be eligible to withdraw any part of his or her Qualified Voluntary Contribution account by making application to the Plan Administrator. A request to withdraw amounts pursuant to this paragraph must be consented to by the Participant’s Spouse, unless the Plan satisfies the safe harbor under paragraph 8.7 hereof. Spousal consent, if required, shall comply with the requirements of paragraph 6.6 relating to immediate distributions. (c) A Participant may withdraw all or any part of the fair market value of his or her pre-1987 Voluntary Contributions with or without withdrawing the earnings attributable thereto. Post-1986 Voluntary Contributions may only be withdrawn along with a portion of the earnings thereon. The amount of the earnings to be withdrawn is determined by using the formula: DA [1-(V ÷ V+E)], where DA is the distribution amount, V is the amount of Voluntary Contributions and V+E is the amount of Voluntary Contributions plus the earnings attributable thereto. The aggregate value of the Participant’s Vested Account Balance derived from Employer and Employee contributions (including Rollovers), whether vested before or upon death, includes the proceeds of insurance contracts, if any, on the Participant’s life. The provisions of this Article shall apply to a Participant who is vested in amounts attributable to Employer contributions, Employee contributions (or both) at the time of death or distribution. (d) Under a Profit Sharing Plan and to the extent that the Employer elects in the Adoption Agreement, the Participant is required to satisfy at least one of the following conditions to make an in-service withdrawal of all or any part of the Participant’s vested Non-Safe Harbor Matching Contributions and Non-Elective Contributions. (1) An Employee who has been a Participant in the Plan for at least five (5) years may, prior to separating from Service with the Employer, elect to withdraw all or any part of the vested Non-Safe Harbor Matching Contributions and Non-Elective contributions. (2) Vested Non-Safe Harbor Matching and Non-Elective Contributions which have been in the Plan for at least two (2) years may be withdrawn. (3) A Participant who has attained age 59½ may, prior to Severance from Employment, elect to withdraw all or any part of their vested Non-Safe Harbor Matching Contributions and Non-Elective contributions. (4) A Participant may also be required to be 100% vested before a withdrawal can be made for any of the reasons above. (5) The Employer may require any or all of these conditions to be satisfied prior to an in- service distribution being made from the Plan. (6) An Inactive Participant is not eligible for an in-service withdrawal. (e) Unless otherwise elected by the Employer in the Adoption Agreement, Elective Deferrals, Xxxx Elective Deferrals, Qualified Non-Elective Contributions, Safe Harbor Matching and Non-Elective Contributions, and Qualified Matching Contributions, and income allocable to each, are not distributable to a Participant earlier than upon severance of employment (separation from Service for Plan Years beginning before 2002), death, or Disability. Such amounts may also be distributed upon: (1) termination of the Plan without the establishment of another Defined Contribution Plan other than an employee stock ownership plan [as defined in Code Section 4975(e)(7)] or a Simplified Employee Pension Plan [as defined in Code Section 408(k)], or a SIMPLE IRA plan [as defined in Code Section 408(p)], a Plan or contract described in Code Section 403(b) or a Plan described in Code Section 457(b) or (f) at any time during the period beginning on the date of Plan termination and ending twelve (12) months after all assets have been distributed from the Plan. Such distribution must be made in a lump sum; (2) the attainment of age 59½ in the case of a profit-sharing plan; or (3) the Hardship of a Participant as described in paragraph 6.13. (4) The Participant’s call to active duty after September 11, 2001 (because of the Participant’s status as a member of a reserve component) for a period of at least 180 days or for an indefinite period (a ”Qualified Reservist Distribution”). (5) The Participant’s service in the uniformed services while on active duty for a period of at least thirty (30) days. If a Participant receives a distribution under this provision, the Participant’s Elective Deferrals Xxxx Deferrals, and Voluntary After-tax Contributions if any, will be suspended for six (6) months after receipt of the distribution. (6) A Federally declared disaster, where resulting legislation authorizes such a distribution. (f) An in-service withdrawal shall not be eligible for redeposit to the Trust. A withdrawal under this paragraph shall not prohibit such Participant from sharing in any future Employer contribution he or she would otherwise be eligible to receive. Payment will be made in accordance with the administrative policy set by the Employer. (g) If elected in the Adoption Agreement, Money Purchase Pension Plans shall allow in-service withdrawals only after the Participant’s attainment of age sixty two (62) or if earlier, the Participant’s Severance from Employment; attainment of Normal Retirement Age under the Plan, death, disability, or upon termination of the Plan. (h) Notwithstanding any provisions of the Plan to the contrary, to the extent that any optional form of benefit under this Plan permits a distribution prior to the Participant’s retirement, death, Disability, or Severance from Employment, and prior to Plan termination, the optional form of benefit shall not be available with respect to benefits attributable to assets [including the post-transfer earnings thereon) and liabilities that are transferred within the meaning of Code Section 414(l), to this Plan from a money purchase pension plan qualified under Code Section 401(a) (other than any portion of those assets and liabilities attributable to Voluntary After-tax Contributions]. (i) If elected in the Adoption Agreement, a Participant may withdraw any amount not in excess of the vested amount of Non-Elective Contributions, Elective Deferrals, Xxxx Elective Deferrals and Matching Contributions, if the withdrawal is made after the Participant attains age 59½. (j) If a distribution is made at a time when a Participant has a nonforfeitable right to less than 100% of the account balance derived from Employer contributions and the Participant may increase the nonforfeitable percentage in the account: (1) a separate account will be established for the Participant's interest in the Plan as of the time of the distribution, and (2) at any relevant time the Participant's nonforfeitable portion of the separate account will be equal to an amount ("X") determined by the formula: X = P [AB + D] – D. For purposes of applying the formula: "P" is the nonforfeitable percentage at the relevant time, "AB" is the account balance at the relevant time, "D" is the amount of the distribution.

In-Service Withdrawals. If elected in the Adoption Agreement, an Employer may elect to permit a Participant in the Plan to make an in-service withdrawal, subject to any limitation(s) specified in the Adoption Agreement. (a) Unless indicated otherwise on the Adoption Agreement, a Participant may withdraw all or any part of the fair market value of his or her Voluntary or Required After-tax Contributions as described in Article IV, other than Elective Deferrals or Xxxx Elective Deferrals, upon request to the Plan Administrator. No amount of the Employer’s Contribution will be forfeited solely as a result of a Participant’s withdrawal of an amount pursuant to this paragraph 6.10. Unless indicated otherwise in the Adoption Agreement, Rollover and Transfer Contributions, and the income allocable to each, may be withdrawn at any time. (b) Subject to Article VIII, Joint and Survivor Annuity Requirements (if applicable) and pursuant to the Employer’s election in the Adoption Agreement, a Participant may be eligible to withdraw any part of his or her Qualified Voluntary Contribution account by making application to the Plan Administrator. A request to withdraw amounts pursuant to this paragraph must be consented to by the Participant’s Spouse, unless the Plan satisfies the safe harbor under paragraph 8.7 hereof. Spousal consent, if required, shall comply with the requirements of paragraph 6.6 relating to immediate distributions. (c) A Participant may withdraw all or any part of the fair market value of his or her pre-1987 Voluntary Contributions with or without withdrawing the earnings attributable thereto. Post-1986 Voluntary Contributions may only be withdrawn along with a portion of the earnings thereon. The amount of the earnings to be withdrawn is determined by using the formula: DA [1-(V ÷ V+E)], where DA is the distribution amount, V is the amount of Voluntary Contributions and V+E is the amount of Voluntary Contributions plus the earnings attributable thereto. The aggregate value of the Participant’s Vested Account Balance derived from Employer and Employee contributions (including Rollovers), whether vested before or upon death, includes the proceeds of insurance contracts, if any, on the Participant’s life. The provisions of this Article shall apply to a Participant who is vested in amounts attributable to Employer contributions, Employee contributions (or both) at the time of death or distribution. (d) Under a Profit Sharing Plan and to the extent that the Employer elects in the Adoption Agreement, the Participant is required to satisfy at least one of the following conditions to make an in-service withdrawal of all or any part of the Participant’s vested Non-Safe Harbor Matching Contributions and Non-Elective Contributions. (1) An Employee who has been a Participant in the Plan for at least five (5) years may, prior to separating from Service with the Employer, elect to withdraw all or any part of the vested Non-Safe Harbor Matching Contributions and Non-Elective contributions. (2) Vested Non-Safe Harbor Matching and Non-Elective Contributions which have been in the Plan for at least two (2) years may be withdrawn. (3) A Participant who has attained age 59½ may, prior to Severance separation from EmploymentService, elect to withdraw all or any part of their vested Non-Safe Harbor Matching Contributions and Non-Elective discretionary contributions. (4) A Participant may also be required to be 100% vested before a withdrawal can be made for any of the reasons above. (5) The Employer may require any or all of these conditions to be satisfied prior to an in- in-service distribution being made from the Plan. (6) An Inactive Participant is not eligible for an in-service withdrawal. (e) Unless otherwise elected by the Employer in the Adoption Agreement, Elective Deferrals, Xxxx Elective Deferrals, Qualified Non-Elective Contributions, Safe Harbor Matching and Non-Elective Contributions, and Qualified Matching Contributions, and income allocable to each, are not distributable to a Participant earlier than upon severance of employment (separation from Service for Plan Years beginning before 2002), death, or Disability. Such amounts may also be distributed upon: (1) termination of the Plan without the establishment of another Defined Contribution Plan other than an employee stock ownership plan [as defined in Code Section 4975(e)(7)] or a Simplified Employee Pension Plan [as defined in Code Section 408(k)], or a SIMPLE IRA plan [as defined in Code Section 408(p)], a Plan or contract described in Code Section 403(b) or a Plan described in Code Section 457(b) or (f) at any time during the period beginning on the date of Plan termination and ending twelve (12) months after all assets have been distributed from the Plan. Such distribution must be made in a lump sum; (2) the attainment of age 59½ in the case of a profit-sharing plan; or (3) the Hardship of a Participant as described in paragraph 6.13. (4) The Participant’s call to active duty after September 11, 2001 (because of the Participant’s status as a member of a reserve component) for a period of at least 180 days or for an indefinite period (a ”Qualified Reservist Distribution”). (5) The Participant’s service in the uniformed services while on active duty for a period of at least thirty (30) days. If a Participant receives a distribution under this provision, the Participant’s Elective Deferrals Xxxx Deferrals, and Voluntary After-tax Contributions if any, will be suspended for six (6) months after receipt of the distribution. (6) A Federally declared disaster, where resulting legislation authorizes such a distribution6.11. (f) An in-service withdrawal shall not be eligible for redeposit to the Trust. A withdrawal under this paragraph shall not prohibit such Participant from sharing in any future Employer contribution he or she would otherwise be eligible to receive. Payment will be made in accordance with the administrative policy set by the Employer. (g) If elected in the Adoption Agreement, Money Purchase Pension Plans purchase pension plans and target benefit plans shall allow in-service withdrawals only after the Participant’s attainment of age sixty two (62) or if earlier, the Participant’s Severance from Employment; attainment of Normal Retirement Age under provided it is so specified in the Plan, death, disability, or upon termination of the PlanAdoption Agreement. (h) Notwithstanding any provisions of the Plan to the contrary, to the extent that any optional form of benefit under this Plan permits a distribution prior to the Participant’s retirement, death, Disability, or Severance separation from EmploymentService, and prior to Plan termination, the optional form of benefit shall not be available with respect to benefits attributable to assets [(including the post-transfer earnings thereon) and liabilities that are transferred within the meaning of Code Section 414(l), to this Plan from a money purchase pension plan qualified under Code Section 401(a) (other than any portion of those assets and liabilities attributable to Voluntary After-tax Contributions]). (i) If elected in the Adoption Agreement, a Participant may withdraw any amount not in excess of the vested amount of Non-Elective Contributions, Elective Deferrals, Xxxx Elective Deferrals and Matching Contributions, if the withdrawal is made after the Participant attains age 59½. (j) If a distribution is made at a time when a Participant has a nonforfeitable right to less than 100% of the account balance derived from Employer contributions and the Participant may increase the nonforfeitable percentage in the account: (1) a separate account will be established for the Participant's interest in the Plan as of the time of the distribution, and (2) at any relevant time the Participant's nonforfeitable portion of the separate account will be equal to an amount ("X") determined by the formula: X = P [AB + D] – D. For purposes of applying the formula: "P" is the nonforfeitable percentage at the relevant time, "AB" is the account balance at the relevant time, "D" is the amount of the distribution.

In-Service Withdrawals. If elected in the Adoption Agreement, an Employer may elect to permit a Participant in the Plan to make an in-service withdrawal, subject to any limitation(s) specified in the Adoption Agreement. (a) Unless indicated otherwise on the Adoption Agreement, a Participant may withdraw all or any part of the fair market value of his or her Voluntary or Required After-tax Contributions as described in Article IV, other than Elective Deferrals or Xxxx Elective Deferrals, upon request to the Plan Administrator. No amount of the Employer’s Contribution will be forfeited solely as a result of a Participant’s withdrawal of an amount pursuant to this paragraph 6.10. Unless indicated otherwise in the Adoption Agreement, Rollover and Transfer Contributions, and the income allocable to each, may be withdrawn at any time. (b) Subject to Article VIII, Joint and Survivor Annuity Requirements (if applicable) and pursuant to the Employer’s election in the Adoption Agreement, a Participant may be eligible to withdraw any part of his or her Qualified Voluntary Contribution account by making application to the Plan Administrator. A request to withdraw amounts pursuant to this paragraph must be consented to by the Participant’s Spouse, unless the Plan satisfies the safe harbor under paragraph 8.7 hereof. Spousal consent, if required, shall comply with the requirements of paragraph 6.6 relating to immediate distributions. (c) A Participant may withdraw all or any part of the fair market value of his or her pre-1987 Voluntary Contributions with or without withdrawing the earnings attributable thereto. Post-1986 Voluntary Contributions may only be withdrawn along with a portion of the earnings thereon. The amount of the earnings to be withdrawn is determined by using the formula: DA [1-(V ÷ V+E)], where DA is the distribution amount, V is the amount of Voluntary Contributions and V+E is the amount of Voluntary Contributions plus the earnings attributable thereto. The aggregate value of the Participant’s Vested Account Balance derived from Employer and Employee contributions (including Rollovers), whether vested before or upon death, includes the proceeds of insurance contracts, if any, on the Participant’s life. The provisions of this Article shall apply to a Participant who is vested in amounts attributable to Employer contributions, Employee contributions (or both) at the time of death or distribution. (d) Under a Profit Sharing Plan and to the extent that the Employer elects in the Adoption Agreement, the Participant is required to satisfy at least one of the following conditions to make an in-service withdrawal of all or any part of the Participant’s vested Non-Safe Harbor Matching Contributions and Non-Elective Contributions. (1) An Employee who has been a Participant in the Plan for at least five (5) years may, prior to separating from Service with the Employer, elect to withdraw all or any part of the vested Non-Safe Harbor Matching Contributions and Non-Elective contributions. (2) Vested Non-Safe Harbor Matching and Non-Elective Contributions which have been in the Plan for at least two (2) years may be withdrawn. (3) A Participant who has attained age 59½ may, prior to Severance separation from EmploymentService, elect to withdraw all or any part of their vested Non-Safe Harbor Matching Contributions and Non-Elective contributions. (4) A Participant may also be required to be only withdraw amounts which are 100% vested before a withdrawal can be made for any of the reasons abovevested. (5) The Employer may require any or all of these conditions to be satisfied prior to an in- in-service distribution being made from the Plan. (6) An Inactive Participant is not eligible for an in-service withdrawal. (e) Unless otherwise elected by the Employer in the Adoption Agreement, Elective Deferrals, Xxxx Elective Deferrals, Qualified Non-Elective Contributions, Safe Harbor Matching and Non-Elective Contributions, and Qualified Matching Contributions, and income allocable to each, are not distributable to a Participant earlier than upon severance of employment (separation from Service for Plan Years beginning before 2002), death, or Disability. Such amounts may also be distributed upon: (1) termination of the Plan without the establishment of another Defined Contribution Plan other than an employee stock ownership plan [as defined in Code Section 4975(e)(7)] or a Simplified Employee Pension Plan [as defined in Code Section 408(k)], or a SIMPLE IRA plan [as defined in Code Section 408(p)], a Plan or contract described in Code Section 403(b) or a Plan described in Code Section 457(b) or (f) at any time during the period beginning on the date of Plan termination and ending twelve (12) months after all assets have been distributed from the Plan. Such distribution must be made in a lump sum; (2) the attainment of age 59½ in the case of a profit-sharing plan; or (3) the Hardship of a Participant as described in paragraph 6.13. (4) The Participant’s call to active duty after September 11, 2001 (because of the Participant’s status as a member of a reserve component) for a period of at least 180 days or for an indefinite period (a ”Qualified Reservist Distribution”). (5) The Participant’s service in the uniformed services while on active duty for a period of at least thirty (30) days. If a Participant receives a distribution under this provision, the Participant’s Elective Deferrals Xxxx Deferrals, and Voluntary After-tax Contributions if any, will be suspended for six (6) months after receipt of the distribution. (6) A Federally declared disaster, where resulting legislation authorizes such a distribution6.11. (f) An in-service withdrawal shall not be eligible for redeposit to the Trust. A withdrawal under this paragraph shall not prohibit such Participant from sharing in any future Employer contribution he or she would otherwise be eligible to receive. Payment will be made in accordance with the administrative policy set by the Employer. (g) If elected in the Adoption Agreement, Money Purchase Pension Plans purchase pension plans and target benefit plans shall allow in-service withdrawals only after the Participant’s attainment of age sixty two (62) or if earlier, the Participant’s Severance from Employment; attainment of Normal Retirement Age under provided it is so specified in the Plan, death, disability, or upon termination of the PlanAdoption Agreement. (h) Notwithstanding any provisions of the Plan to the contrary, to the extent that any optional form of benefit under this Plan permits a distribution prior to the Participant’s retirement, death, Disability, or Severance separation from EmploymentService, and prior to Plan termination, the optional form of benefit shall not be available with respect to benefits attributable to assets [(including the post-transfer earnings thereon) and liabilities that are transferred within the meaning of Code Section 414(l), to this Plan from a money purchase pension plan qualified under Code Section 401(a) (other than any portion of those assets and liabilities attributable to Voluntary After-tax Contributions]). (i) If elected in the Adoption Agreement, a Participant may withdraw any amount not in excess of the vested amount of Non-Elective Contributions, Elective Deferrals, Xxxx Elective Deferrals and Matching Contributions, if the withdrawal is made after the Participant attains age 59½. (j) If a distribution is made at a time when a Participant has a nonforfeitable right to less than 100% of the account balance derived from Employer contributions and the Participant may increase the nonforfeitable percentage in the account: (1) a separate account will be established for the Participant's interest in the Plan as of the time of the distribution, and (2) 1. at any relevant time the Participant's nonforfeitable portion of the separate account will be equal to an amount ("X") determined by the formula: X = P [AB + D] – D. For purposes of applying the formula: "P" is the nonforfeitable percentage at the relevant time, "AB" is the account balance at the relevant time, "D" is the amount of the distribution.

In-Service Withdrawals. If elected in To the Adoption Agreementextent permissible under the provisions of this Section, while still an Employer may elect to permit a Participant in the Plan to make Employee or on an in-service withdrawal, subject to any limitation(s) specified in the Adoption Agreement. (a) Unless indicated otherwise on the Adoption Agreementapproved Leave of Absence, a Participant may withdraw all or any part of the fair market value make a withdrawal of his or her Voluntary or Required After-tax Contributions as described Vested Interest in Article IV, other than Elective Deferrals or Xxxx Elective Deferrals, upon request to the Plan Administrator. No amount of the Employer’s Contribution will be forfeited solely as a result of a Participant’s withdrawal of an amount pursuant to this paragraph 6.10. Unless indicated otherwise his Accounts in the Adoption Agreement, Rollover and Transfer Contributions, and the income allocable to each, may be withdrawn at any timePlan. (b) Subject to Article VIII, Joint and Survivor Annuity Requirements (if applicable) and pursuant to the Employer’s election in the Adoption Agreement, a Participant may be eligible to withdraw any part of his or her Qualified Voluntary Contribution account by making application to the Plan Administrator9.7.1. A request to withdraw amounts pursuant to this paragraph must be consented to by the Participant’s Spouse, unless the Plan satisfies the safe harbor under paragraph 8.7 hereof. Spousal consent, if required, shall comply with the requirements of paragraph 6.6 relating to immediate distributions. (c) A Participant may withdraw all or any part make a withdrawal of his Pre-Tax Contributions from his Rollover Account, from his Vested Interest in his Matching Contributions Account, and from his Vested Interest in his Profit Sharing Contributions Account in accordance with rules of uniform application which the Administration Committee may from time to time prescribe. 9.7.2. Unless otherwise provided in this Section, no Participant may make a withdrawal prior to a determination by the Administration Committee that such Participant has a Hardship need in excess of $500, and such withdrawal is necessary on account of such Hardship need as provided in this Section 9.7. Any determination of Hardship shall be in accordance with regulations promulgated under Section 401(k) of the fair market value of his or her pre-1987 Voluntary Contributions with or without withdrawing the earnings attributable thereto. Post-1986 Voluntary Contributions may only be withdrawn along with a portion of the earnings thereon. The amount of the earnings to be withdrawn is determined by using the formula: DA [1-(V ÷ V+E)]Code, where DA is the distribution amount, V is the amount of Voluntary Contributions and V+E is the amount of Voluntary Contributions plus the earnings attributable thereto. The aggregate value of the Participant’s Vested Account Balance derived from Employer and Employee contributions (including Rollovers), whether vested before or upon death, includes the proceeds of insurance contracts, if any, on the Participant’s life. The provisions of this Article shall apply to a Participant who is vested in amounts attributable to Employer contributions, Employee contributions (or both) at the time of death or distribution. (d) Under a Profit Sharing Plan and to the extent that determined by the Employer elects Administration Committee, may be determined in the Adoption Agreement, the accordance with either Subsection 9.7.3. or Subsection 9.7.4. below. In no event shall a Participant is required to satisfy at least one of the following conditions be permitted to make an in-service withdrawal of all any amounts attributable to Matching Contributions that are designated as "qualified matching contributions" or Profit Sharing Contributions that are designated as "nonelective contributions," as defined in regulations issued under Section 401(k) of the Code, except for Hardship reasons. 9.7.3. The existence of a Participant's Hardship and the amount required to meet the need created by the Hardship may be determined by the Administration Committee on the basis of facts and circumstances, and in accordance with rules of uniform application which the Administration Committee may from time to time prescribe. A distribution shall not be treated as necessary to satisfy a Hardship need of a Participant to the extent the amount of the distribution is in excess of the amount required to relieve the Hardship need or to the extent that the Hardship need may be satisfied from other resources reasonably available to the Participant. The amount of a Hardship need may include amounts necessary to pay any part federal, state, or local income taxes or penalties reasonably anticipated to result from the distribution. A distribution generally may be treated as necessary on account of a Hardship need of a Participant if the Administration Committee reasonably relies on the Participant's written representations to the Administration Committee, unless the Committee has actual knowledge to the contrary, that the Hardship need cannot be relieved: 9.7.3.1. through reimbursement or compensation by insurance or otherwise, 9.7.3.2. by reasonable liquidation of assets, if such liquidation would not itself cause an immediate and heavy financial need, 9.7.3.3. by the cessation of the Participant’s vested Non's contributions to the Plan, or 9.7.3.4. by other distributions or non-Safe Harbor Matching Contributions taxable loans from plans of the Employer or any other employer, or by borrowing from commercial sources on reasonable commercial terms. For purposes of determining a Hardship need, a Participant's resources shall be deemed to include those assets of his Spouse and Non-Elective Contributionsminor children that are reasonably available to the Participant. 9.7.4. A Hardship distribution may be considered as necessary to satisfy an immediate and heavy financial need of the Employee only if: 9.7.4.1. The distribution is not in excess of the amount of the Hardship need of the Participant. The amount of the Hardship need may include any amounts necessary to pay federal, state, or local income taxes or penalties reasonably anticipated to result from the distribution. 9.7.4.2. The Employee has obtained all distributions, other than Hardship distributions, and all nontaxable (1at the time of the loan) An Employee who has been loans under all plans maintained by the Employer. 9.7.4.3. The Employee's Pre-Tax Contributions under this Plan and any elective contributions and employee contributions under all qualified and nonqualified plans of deferred compensation maintained by the Employer, including a Participant stock option, stock purchase, or similar plan, or a cash or deferred arrangement that is part of a cafeteria plan 69 within the meaning of Code Section 125, will be suspended under the terms of each such plan, or in accordance with the Plan terms of an otherwise legally enforceable agreement, for at least five (5) years may, prior to separating from Service with the Employer, elect to withdraw all or any part of the vested Non-Safe Harbor Matching Contributions and Non-Elective contributions. (2) Vested Non-Safe Harbor Matching and Non-Elective Contributions which have been in the Plan for at least two (2) years may be withdrawn. (3) A Participant who has attained age 59½ may, prior to Severance from Employment, elect to withdraw all or any part of their vested Non-Safe Harbor Matching Contributions and Non-Elective contributions. (4) A Participant may also be required to be 100% vested before a withdrawal can be made for any of the reasons above. (5) The Employer may require any or all of these conditions to be satisfied prior to an in- service distribution being made from the Plan. (6) An Inactive Participant is not eligible for an in-service withdrawal. (e) Unless otherwise elected by the Employer in the Adoption Agreement, Elective Deferrals, Xxxx Elective Deferrals, Qualified Non-Elective Contributions, Safe Harbor Matching and Non-Elective Contributions, and Qualified Matching Contributions, and income allocable to each, are not distributable to a Participant earlier than upon severance of employment (separation from Service for Plan Years beginning before 2002), death, or Disability. Such amounts may also be distributed upon: (1) termination of the Plan without the establishment of another Defined Contribution Plan other than an employee stock ownership plan [as defined in Code Section 4975(e)(7)] or a Simplified Employee Pension Plan [as defined in Code Section 408(k)], or a SIMPLE IRA plan [as defined in Code Section 408(p)], a Plan or contract described in Code Section 403(b) or a Plan described in Code Section 457(b) or (f) at any time during the period beginning on the date of Plan termination and ending twelve (12) months after the receipt of the Hardship distribution. 9.7.4.4. The Plan and all other plans maintained by the Employer limit the Employee's elective contributions for the Employee's taxable year immediately following the taxable year of the Hardship distribution to the Deferral Limitation under Section 402(g) of the Code for such taxable year minus the amount of such Employee's elective contributions for the taxable year of the Hardship distribution. For purposes of determining a Hardship need, a Participant's resources shall be deemed to include those assets have been distributed of his Spouse and minor children that are reasonably available to the Participant. 9.7.5. The amount of a Participant's Pre-Tax Contributions Account which is available for a Hardship withdrawal on any date will not exceed the lesser of 9.7.5.1. the value of the Account in the Predecessor Plan on December 31, 1988, plus the dollar amount of Pre-Tax Contributions added to such Account under the Predecessor Plan and this Plan on and after January 1, 1989 minus all amounts withdrawn from the PlanAccount under the Predecessor Plan and this Plan since January 1, 1989, or 9.7.5.2. Such distribution must the value of the Account on the date as of which the withdrawal will occur. 9.7.6. A Participant may request a withdrawal by submitting a written request for such withdrawal in a form satisfactory to the Administration Committee, together with any supporting documentation which the Administration Committee in its sole discretion may require. The maximum amount subject to any withdrawal under this Section shall be determined as of the Valuation Date coinciding with or immediately preceding the Administration Committee's determination authorizing the withdrawal. To the extent permitted under this Section, any withdrawal of a Participant's Vested Interest in the value of his Accounts shall be made in a lump sum; (2) the attainment of age 59½ from such Accounts in the case following order of a profitpriority: After-sharing plan; orTax Contributions Account, Pre-Tax Contributions Account, Rollover Account, Matching Contributions Account, and Profit Sharing Contributions Account. Any unmatched Pre-Tax Contributions shall be withdrawn before matched Pre-Tax Contributions. (3) 9.7.7. The Administration Committee shall not limit the Hardship number of withdrawals a Participant as described in paragraph 6.13shall be permitted to make, provided the requirements of this Section are satisfied. (4) The Participant’s call to active duty after September 11, 2001 (because of the Participant’s status as a member of a reserve component) for a period of at least 180 days or for an indefinite period (a ”Qualified Reservist Distribution”). (5) The Participant’s service in the uniformed services while on active duty for a period of at least thirty (30) days9.7.8. If a Participant receives a distribution under this provision, the Participant’s Elective Deferrals Xxxx Deferrals, and Voluntary After-tax Contributions if any, will be suspended for six (6) months after receipt of the distribution. (6) A Federally declared disaster, where resulting legislation authorizes such a distribution. (f) An makes an in-service withdrawal shall not be eligible for redeposit to the Trust. A withdrawal under this paragraph shall not prohibit such Participant from sharing in any future Employer contribution he or she would otherwise be eligible to receive. Payment will be made in accordance with the administrative policy set by the Employer. (g) If elected in the Adoption Agreement, Money Purchase Pension Plans shall allow in-service withdrawals only after the Participant’s attainment of age sixty two (62) or if earlier, the Participant’s Severance from Employment; attainment of Normal Retirement Age under the Plan, death, disability, or upon termination of the Plan. (h) Notwithstanding any provisions of the Plan to the contrary, to the extent that any optional form of benefit under this Plan permits a distribution prior to the Participant’s retirement, death, Disability, or Severance from Employment, and prior to Plan termination, the optional form of benefit shall not be available with respect to benefits attributable to assets [including the post-transfer earnings thereon) and liabilities that are transferred within the meaning of Code Section 414(l), to this Plan from a money purchase pension plan qualified under Code Section 401(a) (other than any portion of those assets and liabilities attributable to Voluntary After-tax Contributions]. (i) If elected in the Adoption Agreement, a Participant may withdraw any amount not in excess of the vested amount of Non-Elective Contributions, Elective Deferrals, Xxxx Elective Deferrals and Matching Contributions, if the withdrawal is made after the Participant attains age 59½. (j) If a distribution is made an Account at a time when the Participant does not have a Participant has a nonforfeitable right to less than one hundred percent (100% %) Vested Interest in the value of the account balance derived from Employer contributions such Account, and the Participant may increase the nonforfeitable percentage his Vested Interest in the accountAccount: (1) 9.7.8.1. such Account shall be established as a separate account will be established for the Participant's interest in the Plan Account as of the time date of the distribution, and (2) 9.7.8.2. at any relevant time the Participant's nonforfeitable portion Vested Interest in the value of the such separate account will Account shall be equal to an amount ("X") determined by the formula: X = P [AB + D] – D. For purposes of applying the formulaformula above: "P" P is the nonforfeitable percentage at the relevant time, "AB" AB is the account Account balance at the relevant time, "D" and D is the amount of the distributionwithdrawal.

In-Service Withdrawals. If elected in the Adoption Agreement, an Employer may elect to permit a Participant in the Plan to make an in-service withdrawal, subject to any limitation(s) specified in the Adoption Agreement. (a) Unless indicated otherwise on the Adoption Agreement, a Participant may withdraw all or any part of the fair market value of his or her Voluntary or Required After-tax Contributions Except as described in Article IVthis Section 3.3, other than Elective Deferrals or Xxxx Elective Deferrals, the date upon which deferral distributions commence and the number of equal annual installments payable starting on such commencement date shall be irrevocable. The Participant may request to the Plan Administrator. No amount receive an early distribution of the Employer’s Contribution will be forfeited solely as a result of a Participant’s withdrawal of an amount pursuant to this paragraph 6.10. Unless indicated otherwise in the Adoption Agreement, Rollover and Transfer Contributions, and the income allocable to each, may be withdrawn at any time. (b) Subject to Article VIII, Joint and Survivor Annuity Requirements (if applicable) and pursuant to the Employer’s election in the Adoption Agreement, a Participant may be eligible to withdraw any part of his or her Qualified Voluntary Contribution account by making application to the Plan Administrator. A request to withdraw amounts pursuant to this paragraph must be consented to by the Participant’s Spouse, unless the Plan satisfies the safe harbor under paragraph 8.7 hereof. Spousal consent, if required, shall comply with the requirements of paragraph 6.6 relating to immediate distributions. (c) A Participant may withdraw all or any part of the fair market value of his or her pre-1987 Voluntary Contributions with or without withdrawing the earnings attributable thereto. Post-1986 Voluntary Contributions may only be withdrawn along with a portion of the earnings thereonvested balance of the account owed to the Participant. A single-sum payment shall be paid to Participants who request such distribution. An early distribution paid to a Participant shall result in a penalty equal to 10% of such early distribution. The Participant will forfeit all right, title and interest to an amount equal to such penalty. The early distribution shall be paid to the Participant net of the earnings 10% penalty and any required withholding taxes pursuant to be withdrawn Section 3.9. Notwithstanding the preceding paragraph, any request for an early distribution of all or a portion of the vested balance of the account owed to the Participant on account of an “Unforeseeable Emergency” shall not bear the 10% early distribution penalty. For purposes of this Section 3.3, an Unforeseeable Emergency is determined by using a severe financial hardship to the formula: DA [1-(V ÷ V+E)]Participant resulting from a sudden and unexpected illness or accident of the Participant or of a dependent (as defined in Section 152(a) of the Code) of the Participant, where DA is the distribution amount, V is the amount of Voluntary Contributions and V+E is the amount of Voluntary Contributions plus the earnings attributable thereto. The aggregate value loss of the Participant’s Vested Account Balance derived from Employer property due to casualty, or other similar extraordinary and Employee contributions (including Rollovers), whether vested before or upon death, includes unforeseeable circumstances beyond the proceeds control of insurance contracts, if any, on the Participant’s life. The provisions determination of this Article whether a request for an early distribution is on account of an Unforeseeable Emergency shall be made by the sole discretion of the Plan Administrator who shall apply to a Participant who is vested in amounts attributable to Employer contributions, Employee contributions (or both) at the time standards prescribed under Section 457 of death or distribution. (d) Under a Profit Sharing Plan and the Code. Any early distribution on account of an Unforeseeable Emergency may not be made to the extent that the Employer elects in the Adoption Agreementsuch hardship is or may be relieved by (i) reimbursement or compensation by insurance or otherwise, the Participant is required to satisfy at least one of the following conditions to make an in-service withdrawal of all or any part (ii) liquidation of the Participant’s vested Non-Safe Harbor Matching Contributions and Non-Elective Contributions. (1) An Employee who has been a Participant in the Plan for at least five (5) years may, prior to separating from Service with the Employer, elect to withdraw all or any part of the vested Non-Safe Harbor Matching Contributions and Non-Elective contributions. (2) Vested Non-Safe Harbor Matching and Non-Elective Contributions which have been in the Plan for at least two (2) years may be withdrawn. (3) A Participant who has attained age 59½ may, prior to Severance from Employment, elect to withdraw all or any part of their vested Non-Safe Harbor Matching Contributions and Non-Elective contributions. (4) A Participant may also be required to be 100% vested before a withdrawal can be made for any of the reasons above. (5) The Employer may require any or all of these conditions to be satisfied prior to an in- service distribution being made from the Plan. (6) An Inactive Participant is not eligible for an in-service withdrawal. (e) Unless otherwise elected by the Employer in the Adoption Agreement, Elective Deferrals, Xxxx Elective Deferrals, Qualified Non-Elective Contributions, Safe Harbor Matching and Non-Elective Contributions, and Qualified Matching Contributions, and income allocable to each, are not distributable to a Participant earlier than upon severance of employment (separation from Service for Plan Years beginning before 2002), death, or Disability. Such amounts may also be distributed upon: (1) termination of the Plan without the establishment of another Defined Contribution Plan other than an employee stock ownership plan [as defined in Code Section 4975(e)(7)] or a Simplified Employee Pension Plan [as defined in Code Section 408(k)], or a SIMPLE IRA plan [as defined in Code Section 408(p)], a Plan or contract described in Code Section 403(b) or a Plan described in Code Section 457(b) or (f) at any time during the period beginning on the date of Plan termination and ending twelve (12) months after all assets have been distributed from the Plan. Such distribution must be made in a lump sum; (2) the attainment of age 59½ in the case of a profit-sharing plan; or (3) the Hardship of a Participant as described in paragraph 6.13. (4) The Participant’s call to active duty after September 11, 2001 (because of the Participant’s status as a member of a reserve component) for a period of at least 180 days or for an indefinite period (a ”Qualified Reservist Distribution”). (5) The Participant’s service in the uniformed services while on active duty for a period of at least thirty (30) days. If a Participant receives a distribution under this provision, the Participant’s Elective Deferrals Xxxx Deferrals, and Voluntary After-tax Contributions if any, will be suspended for six (6) months after receipt of the distribution. (6) A Federally declared disaster, where resulting legislation authorizes such a distribution. (f) An in-service withdrawal shall not be eligible for redeposit to the Trust. A withdrawal under this paragraph shall not prohibit such Participant from sharing in any future Employer contribution he or she would otherwise be eligible to receive. Payment will be made in accordance with the administrative policy set by the Employer. (g) If elected in the Adoption Agreement, Money Purchase Pension Plans shall allow in-service withdrawals only after the Participant’s attainment of age sixty two (62) or if earlier, the Participant’s Severance from Employment; attainment of Normal Retirement Age under the Plan, death, disability, or upon termination of the Plan. (h) Notwithstanding any provisions of the Plan to the contraryassets, to the extent that any optional form the liquidation of benefit such assets would not itself cause severe financial hardship, (iii) obtaining a loan either within the provisions of the 401(k) Plans or from a third Party lender or (iv) cessation of deferrals under this Plan permits a distribution prior the Plan. Early distributions because of an Unforeseeable Emergency will only be permitted to the Participant’s retirementextent reasonably needed to satisfy the emergency need in addition to any amounts necessary to pay any federal, death, Disability, state or Severance local income taxes reasonably anticipated to result from Employment, and prior to Plan termination, the optional form of benefit shall not be available with respect to benefits attributable to assets [including the post-transfer earnings thereon) and liabilities that are transferred within the meaning of Code Section 414(l), to this Plan from a money purchase pension plan qualified under Code Section 401(a) (other than any portion of those assets and liabilities attributable to Voluntary After-tax Contributions]. (i) If elected in the Adoption Agreement, a Participant may withdraw any amount not in excess of the vested amount of Non-Elective Contributions, Elective Deferrals, Xxxx Elective Deferrals and Matching Contributions, if the withdrawal is made after the Participant attains age 59½. (j) If a distribution is made at a time when a Participant has a nonforfeitable right to less than 100% of the account balance derived from Employer contributions and the Participant may increase the nonforfeitable percentage in the account: (1) a separate account will be established for the Participant's interest in the Plan as of the time of the distribution, and (2) at any relevant time the Participant's nonforfeitable portion of the separate account will be equal to an amount ("X") determined by the formula: X = P [AB + D] – D. For purposes of applying the formula: "P" is the nonforfeitable percentage at the relevant time, "AB" is the account balance at the relevant time, "D" is the amount of the early distribution.