1
Exhibit 4(d)
AMENDMENT 1
ROADWAY SERVICES, INC.
STOCK SAVINGS RETIREMENT INCOME PLAN AND TRUST
(AMENDED AND RESTATED)
------------------------
This Amendment 1 is made and executed this 6th day of June, 1994 by and
between Roadway Services, Inc. (hereinafter referred to as "Company") and
Xxxxxxxx Xxxx Xxxx, Xxxxxxxxx, Xxxx (hereinafter referred to as the "Trustee")
and is effective as set forth herein.
WITNESSETH
WHEREAS, the Plan was amended and restated in its entirety effective as of
January 1, 1994;
WHEREAS, the Plan Article XIII sets forth the provisions whereby the Plan
may be amended;
WHEREAS, the Company and Trustees desire to amend the Plan;
NOW THEREFORE, in consideration of the premises and mutual covenants herein
contained, it is hereby agreed by and between the Company and Trustee as
follows.
1. Effective as of April 19, 1994, Section 4.4 of the Plan is deleted in
its entirety and replaced by the following:
4.4 Changes in Contributions
The percentage or percentages designated by a Participant pursuant
to Section 4.1 shall continue in effect, notwithstanding any changes in
the Participant's Compensation. A Participant may, however, in
accordance with the percentages permitted by Sections 4.1 and 4.2,
change the percentage of his
2
Before-Tax Contributions and/or his After-Tax Contributions effective
as of the first pay period of any calendar quarter upon prior written
notice filed with the Plan Administrator within such period established
by the Plan Administrator except that such change in percentage of his
Before-Tax Contributions and/or his After-Tax Contributions shall be
effective pursuant to an accelerated schedule established by the Plan
Administrator when it is requested by a Participant who is (1)(a) a
non-union employee of Roadway Express, Inc., Roadway Services, Inc.,
Summit Information Systems, Inc., Roadway Tire Company, Inc. or a
similarly situated Employer within the Controlled Group and (b) subject
to a Temporary Base Pay Reduction Program implemented by his Employer
("Affected Participants") in each case due to a work stoppage related
to a collective bargaining process between Roadway Express, Inc. and
the Teamsters Union ("a Work Stoppage Event") or (2) an Impacted
Participant as defined in subsection 8.6 (a)(iv). Notwithstanding the
foregoing, the Plan Administrator may, pursuant to uniform
nondiscriminatory procedures, increase the Participant's After-Tax
Contributions for the remainder of the Plan Year if such Participant's
Before-Tax Contributions are ceased as a result of the application of
Section 4.6
2. Effective as of April 19, 1994, Section 4.5 of the Plan is deleted in
its entirety and replaced by the following:
4.5 Suspension and Resumption of Contributions
Upon prior written notice filed with the Plan Administrator,
within such period established by the Plan Administrator, a Participant
may at any time suspend his Before-Tax Contributions and/or After-Tax
Contributions effective with the start
-2-
3
of the next payroll period following the expiration of such period,
provided such suspension must be made for not less than one (1)
calendar quarter, except that in the case of a suspension by an
Affected Participant or an Impacted Participant, such period of
suspension shall cease effective as of (i) the end of a Work Stoppage
Event and the Participant no longer qualifying as an Affected or
Impacted Participant, or (ii) such later Enrollment Date as the
Participant may elect. A Participant who has so suspended his
Before-Tax Contributions and/or After-Tax Contributions may, upon prior
written notice filed with the Plan Administrator, within such period
established by the Plan Administrator, resume making such Contributions
as of the first full pay period following such period of suspension if
he is an Eligible Employee on such date.
3. Effective as of April 6, 1994, Section 8.6 of the Plan is deleted in
its entirety and replaced by the following:
8.6 Withdrawal Requested by Participant
(a) Upon prior written notice filed with the Plan Administrator,
within such period established by the Plan Administrator, a Participant may
withdraw all or a portion of his Account as provided and in the order set
forth below:
(i) A Participant may withdraw all or a part of the portion of
his Account attributable to After-Tax Contributions credited to his
Account before January 1, 1987 (excluding earnings and appreciation
thereon);
-3-
4
(ii) A Participant who has withdrawn all such pre-1987 After-Tax
Contributions may withdraw all or a part of his Account attributable to
the remaining After-Tax Contributions credited to his Account
(including earnings and appreciation thereon);
(iii) A Participant who has withdrawn all such pre-1987 and
post-1986 After-Tax Contributions may withdraw all or part of his
Account attributable to the earnings and appreciation on his pre-1987
After-Tax Contributions;
(iv) A Participant who has withdrawn all amounts attributable to
his After-Tax Contributions may withdraw all or a part of his Account
attributable to Matching Employer Contributions (including earnings and
appreciation thereon); provided, however, that, except in the case of
withdrawal made by a Participant who is (a) a non-union employee of
Roadway Express, Inc., Roadway Services, Inc., Summit Information
Systems, Inc,, Roadway Tire, Co., Inc. or a similarly situated Employer
within the Controlled Group and (b) laid off or subject to a 50 percent
or more reduction in regularly scheduled hours of employment ("Impacted
Participants"), in each case due to a Work Stoppage Event, Matching
Employer Contributions (including earnings and appreciation thereon)
that have not been held in his Account for at least two (2) years may
not be so withdrawn unless the Participant has been a Participant in
the Plan for at least five (5) years;
(v) A Participant who is at least fifty-nine and one-half
(59 1/2) years old, who has withdrawn all amounts described in
Paragraphs (i) through (iv)
-4-
5
of this Subsection may withdraw all or a part of his Account
attributable to Before-Tax Contributions (excluding any income
allocable thereto).
(b) Any withdrawal requested pursuant to this Section prior to a
Participant's Termination of Employment will continue to be processed
pursuant to this Section notwithstanding a Participant's subsequent
Termination of Employment.
4. Effective as of April 6, 1994, Section 8.7 of the Plan is deleted in its
entirety and replaced by the following:
8.7 Suspension of Contributions Upon Withdrawal
(a) Any Participant who makes a withdrawal pursuant to Sections
8.6(a)(i) through 8.6(a)(iii) may not make any After-Tax Contributions or
have any Before-Tax Contributions or Matching Employer Contributions made
for him for six (6) months thereafter.
(b) Any Participant who makes a withdrawal pursuant to Section
8.6(a)(iv) or 8.6(a)(v) may not make any After-Tax Contributions or have any
Before-Tax Contributions or Matching Employee Contributions made for him for
twelve (12) months thereafter.
(c) Notwithstanding the preceding provisions of this Section, any
Impacted Participant who makes a withdrawal pursuant to Section 8.6(a)
during a Work Stoppage Event may not make any After-Tax Contributions or
have any Before-Tax Contributions
-5-
6
or Matching Employer Contributions made for him during the duration of a
Work Stoppage Event.
(d) A Participant's Contributions that have been suspended pursuant
to this Section will resume as of the first pay period following such period
of suspension if he is a Covered Employee on that date. The period of
suspension for an Impacted Participant who makes a withdrawal pursuant to
Section 8.6(a) during a Work Stoppage Event shall cease effective as of (i)
the end of the Work Stoppage Event and the Participant no longer qualifying
as an Impacted Participant, (ii) or such later time as the Participant may
elect.
IN WITNESS WHEREOF the Company has caused this Amendment 1 to be executed by
its duly appointed officer, and the Trustee has signed this Amendment as of the
date first written.
In the presence of: ROADWAY SERVICES, INC.
/s/ By: /s/ X.X. XXXXXXXX
---------------------------------- -------------------------------------
X.X. Xxxxxxxx
Vice President - Administration and
Treasurer
NATIONAL CITY BANK
/s/ By: /s/
---------------------------------- -------------------------------------
"TRUSTEE"
-6-
