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Exhibit 10.9
Adoption Agreement For Benefit Designers of Maryland, Inc. Non-Standardized
401(k) Profit Sharing Plan and Trust of The Town and Country Management Company
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ADOPTION AGREEMENT FOR
BENEFIT DESIGNERS OF MARYLAND, INC.
NON-STANDARDIZED 401(K) PROFIT SHARING
PLAN AND TRUST
The undersigned Employer adopts the BENEFIT DESIGNERS OF MARYLAND, INC.
Non-Standardized 401(k) Profit Sharing Plan and Trust for those Employees who
shall qualify as Participants hereunder, to be known as the
A1 THE TOWN AND COUNTRY MANAGEMENT COMPANY 401(K) RETIREMENT PLAN
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(Enter Plan Name)
It shall be effective as of the date specified below. The Employer hereby
selects the following Plan specifications:
CAUTION: The failure to properly fill out this Adoption Agreement may result in
disqualification of the Plan.
EMPLOYER INFORMATION
B1 Name of Employer THE TOWN AND COUNTRY MANAGEMENT COMPANY
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B2 Address 000 X. XXXXXXX XXXXXX, 00XX FLOOR
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BALTIMORE 21201
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City State Zip
Telephone (000) 000-0000
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B3 Employer Identification Number 00-0000000
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B4 Date Business Commenced 1979
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B5 TYPE OF ENTITY
a. ( ) S Corporation
b. ( ) Professional Service Corporation
c. ( ) Corporation
d. ( ) Sole Proprietorship
e. (X) Partnership
f. ( ) Other
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AND, is the Employer a member of...
g. a controlled group? (X) Yes ( ) No
h. an affiliated service group? ( ) Yes (X) Xx
0
0
X0 XXXX(X) XX XXXXXXX(X)
a. XXXXXX XXXXXX
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b. XXXXXXX XXXXX
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c. XXXXXXXX XXXXX
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d. XXXXXX XXXXX
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e. XXXX XXXXXX
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B7 TRUSTEES' ADDRESS
a. (X) Use Employer Address
b. ( )
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Street
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City State Zip
B8 LOCATION OF EMPLOYER'S PRINCIPAL OFFICE:
a. (X) State b. ( ) Commonwealth of c. MARYLAND and this Plan and Trust
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shall be governed under the same.
B9 EMPLOYER FISCAL YEAR means the 12 consecutive month period:
Commencing on a. January 1st (e.g., January 1st) and
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month day
ending on b. December 31st .
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month day
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PLAN INFORMATION
C1 EFFECTIVE DATE
This Adoption Agreement of the BENEFIT DESIGNERS OF MARYLAND, INC.
Non-Standardized 401(k) Profit Sharing Plan and Trust shall:
a. ( ) establish a new Plan and Trust effective as of (hereinafter called
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the "Effective Date").
b. (X) constitute an amendment and restatement in its entirety of a
previously established qualified Plan and Trust of the Employer which
was effective JANUARY 1, 1987 (hereinafter called the "Effective
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Date"). Except as specifically provided in the Plan, the effective
date of this amendment and restatement is JANUARY 1, 1998 (For TRA '86
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amendments, enter the first day of the first Plan Year beginning in
1989).
C2 PLAN YEAR means the 12 consecutive month period:
Commencing on a. January 1st (e.g., January 1st) and
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ending on b. December 31st .
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IS THERE A SHORT PLAN YEAR?
c. (X) No
d. ( ) Yes, beginning
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and ending .
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C3 ANNIVERSARY DATE of Plan (Annual Valuation Date)
a. December 31st
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month day
C4 PLAN NUMBER assigned by the Employer (select one)
a.( )001 b.(X)002 c.( )003 d.( )Other
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C5 NAME OF PLAN ADMINISTRATOR (Document provides for the Employer to appoint an
Administrator. If none is named, the Employer will become the Administrator.)
a. (X) Employer (Use Employer Address)
b. ( ) Name
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Address ( ) Use Employer Address
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City State Zip
Telephone
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Administrator's I.D. Number
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C6 PLAN'S AGENT FOR SERVICE OF LEGAL PROCESS
a. (X) Employer (Use Employer Address)
b. ( ) Name
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Address
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ELIGIBILITY, VESTING AND RETIREMENT AGE
D1 ELIGIBLE EMPLOYEES (Plan Section 1.15) shall mean:
a. ( ) all Employees who have satisfied the eligibility requirements.
b. (X) all Employees who have satisfied the eligibility requirements except
those checked below:
1. ( ) Employees paid by commissions only.
2. ( ) Employees hourly paid.
3. ( ) Employees paid by salary.
4. (X) Employees whose employment is governed by a collective bargaining
agreement between the Employer and "employee representatives"
under which retirement benefits were the subject of good faith
bargaining. For this purpose, the term "employee
representatives" does not include any organization more than
half of whose members are employees who are owners, officers, or
executives of the Employer.
5. ( ) Highly Compensated Employees.
6. (X) Employees who are non-resident aliens who received no earned
income (within the meaning of Code Section 911(d)(2)) from the
Employer which constitutes income from sources within the United
States (within the meaning of Code Section 861(a)(3)).
7. ( ) Other
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NOTE: For purposes of this section, the term Employee shall include all
Employees of this Employer and any leased employees deemed to be
Employees under Code Section 414(n) or 414(o).
D2 EMPLOYEES OF AFFILIATED EMPLOYERS (Plan Section 1.16)
Employees of Affiliated Employers:
a. ( ) will not or N/A
b. (X) will
be treated as Employees of the Employer adopting the Plan.
NOTE: If D2b is elected, each Affiliated Employer should execute this
Adoption Agreement as a Participating Employer.
D3 HOURS OF SERVICE (Plan Section 1.31) will be determined on the basis of
the method selected below. Only one method may be selected. The method
selected will be applied to all Employees covered under the Plan.
a. (X) On the basis of actual hours for which an Employee is paid or
entitled to payment.
b. ( ) On the basis of days worked. An Employee will be credited with
ten (10) Hours of Service if under the Plan such Employee would
be credited with at least one (1) Hour of Service during the
day.
c. ( ) On the basis of weeks worked. An Employee will be credited
forty-five (45) Hours of Service if under the Plan such Employee
would be credited with at least one (1) Hour of Service during
the week.
d. ( ) On the basis of semi-monthly payroll periods. An Employee will be
credited ninety-five (95) Hours of Service if under the Plan such
Employee would be credited with at least one (1) Hour of Service
during the semi-monthly payroll period.
e. ( ) On the basis of months worked. An Employee will be credited with
one hundred ninety (190) Hours of Service if under the Plan such
Employee would be credited with at least one (1) Hour of Service
during the month.
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D4 CONDITIONS OF ELIGIBILITY (Plan Section 3.1)
(Check either a OR b and c, and if applicable, d)
Any Eligible Employee will be eligible to participate in the Plan if such
Eligible Employee has satisfied the service and age requirements, if any,
specified below:
a. ( ) NO AGE OR SERVICE REQUIRED.
b. (X) SERVICE REQUIREMENT. (may not exceed 1 year)
1. ( ) None
2. (X) 1/2 Year of Service
3. ( ) 1 Year of Service
4. ( ) Other
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NOTE: If the Year(s) of Service selected is or includes a fractional year,
an Employee will not be required to complete any specified number of
Hours of Service to receive credit for such fractional year. If
expressed in Months of Service, an Employee will not be required to
complete any specified number of Hours of Service in a particular
month.
c. (X) AGE REQUIREMENT (may not exceed 21)
1. ( ) N/A - No Age Requirement.
2. (X) 20 1/2
3. ( ) 21
4. ( ) Other
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d. ( ) FOR NEW PLANS ONLY - Regardless of any of the above age or service
requirements, any Eligible Employee who was employed on the
Effective Date of the Plan shall be eligible to participate
hereunder and shall enter the Plan as of such date.
D5 EFFECTIVE DATE OF PARTICIPATION (Plan Section 3.2)
An Eligible Employee shall become a Participant as of:
a. ( ) the first day of the Plan Year in which he met the requirements.
b. ( ) the first day of the Plan Year in which he met the requirements, if
he met the requirements in the first 6 months of the Plan Year, or
as of the first day of the next succeeding Plan Year if he met the
requirements in the last 6 months of the Plan Year.
c. ( ) the earlier of the first day of the seventh month or the first day of
the Plan Year coinciding with or next following the date on which he
met the requirements.
d. (X) the first day of the Plan Year next following the date on which he
met the requirements. (Eligibility must be 1/2 Year of Service or
less or 1 1/2 Years of Service or less and age 20 1/2 or less.)
e. ( ) the first day of the month coinciding with or next following the date
on which he met the requirements.
f. ( ) Other: , provided that an Employee who has satisfied
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the maximum age and service requirements that are permissible in
Section D4 above and who is otherwise entitled to participate, shall
commence participation no later than the earlier of (a) 6 months
after such requirements are satisfied, or (b) the first day of the
first Plan Year after such requirements are satisfied, unless the
Employee separates from service before such participation date.
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D6 VESTING OF PARTICIPANT'S INTEREST (Plan Section 6.4(b))
The vesting schedule, based on number of Years of Service, shall be as
follows:
a. ( ) 100% upon entering Plan. (Required if eligibility requirement is
greater than one (1) Year of Service.)
b. ( ) 0-2 years 0% c. ( ) 0-4 years 0%
3 years 100% 5 years 100%
d. ( ) 0-1 year 0% e. ( ) 1 year 25%
2 years 20% 2 years 50%
3 years 40% 3 years 75%
4 years 60% 4 years 100%
5 years 80%
6 years 100%
f. ( ) 1 year 20% g. (X) 0-2 years 0%
2 years 40% 3 years 20%
3 years 60% 4 years 40%
4 years 80% 5 years 60%
5 years 100% 6 years 80%
7 years 100%
h. ( ) Other - Must be at least as liberal as either c or g above.
Years of Service Percentage
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D7 FOR AMENDED PLANS (Plan Section 6.4(f)) If the vesting schedule has been
amended to a less favorable schedule, enter the pre-amended schedule below:
a. (X) Vesting schedule has not been amended or amended schedule is more
favorable in all years.
b. ( ) Years of Service Percentage
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D8 TOP HEAVY VESTING (Plan Section 6.4(c)) If this Plan becomes a Top Heavy
Plan, the following vesting schedule, based on number of Years of Service,
for such Plan Year and each succeeding Plan Year, whether or not the Plan is
a Top Heavy Plan, shall apply and shall be treated as a Plan amendment
pursuant to this Plan. Once effective, this schedule shall also apply to any
contributions made prior to the effective date of Code Section 416 and/or
before the Plan became a Top Heavy Plan.
a. ( ) N/A (D6a, b, d, e or f was selected)
b. (X) 0-1 year 0% c. ( ) 0-2 years 0%
2 years 20% 3 years 100%
3 years 40%
4 years 60%
5 years 80%
6 years 100%
NOTE: This section does not apply to the Account balances of any Participant
who does not have an Hour of Service after the Plan has initially
become top heavy. Such Participant's Account balance attributable to
Employer contributions and Forfeitures will be determined without
regard to this section.
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D9 VESTING (Plan Section 6.4(h)) In determining Years of Service for vesting
purposes, Years of Service attributable to the following shall be EXCLUDED:
a. ( ) Service prior to the Effective Date of the Plan or a predecessor plan. b.(X)N/A.
c. ( ) Service prior to the time an Employee attained age 18. d.(X)N/A.
D10 PLAN SHALL RECOGNIZE SERVICE WITH PREDECESSOR EMPLOYER
a. ( ) No.
b. (X) Yes: Years of Service with TOWN AND COUNTRY MANAGEMENT CORPORATION
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shall be recognized for the purpose of this Plan.
NOTE: If the predecessor Employer maintained this qualified Plan, then Years
of Service with such predecessor Employer shall be recognized
pursuant to Section 1.74 and b. must be marked.
D11 NORMAL RETIREMENT AGE ("NRA") (Plan Section 1.42) means:
a. (X) the date a Participant attains his 65TH birthday. (not to exceed
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65th)
b. ( ) the later of the date a Participant attains his birthday (not to
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exceed 65th) or the c. (not to exceed 5th) anniversary of the
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first day of the Plan Year in which participation in the Plan
commenced.
D12 NORMAL RETIREMENT DATE (Plan Section 1.43) shall commence:
a. ( ) as of the Participant's "NRA."
OR (must select b. or c. AND 1. or 2.)
b. ( ) as of the first day of the month...
c. (X) as of the Anniversary Date...
1. ( ) coinciding with or next following the Participant's "NRA."
2. (X) nearest the Participant's "NRA."
D13 EARLY RETIREMENT DATE (Plan Section 1.12) means the:
a. ( ) No Early Retirement provision provided.
b. ( ) date on which a Participant...
c. ( ) first day of the month coinciding with or next following the date on
which a Participant...
d. (X) Anniversary Date coinciding with or next following the date on which
a Participant...
AND, if b., c. or d. was selected...
1. (X) attains his 55TH birthday and has
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2. (X) completed at least 10 Years of Service.
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CONTRIBUTIONS, ALLOCATIONS AND DISTRIBUTIONS
E1 a. COMPENSATION (Plan Section 1.9) with respect to any Participant means:
1. ( ) "415 Compensation."
2. (X) Compensation reportable as wages on Form W-2.
b. COMPENSATION shall be
1. (X) actually paid (must be selected if Plan is integrated)
2. ( ) accrued
c. HOWEVER, FOR NON-INTEGRATED PLANS, Compensation shall exclude (select all
that apply):
1. (X) N/A. No exclusions
2. ( ) overtime
3. ( ) bonuses
4. ( ) commissions
5. ( ) other
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d. FOR PURPOSES OF THIS SECTION E1, Compensation shall be based on:
1. ( ) the Plan Year.
2. ( ) the Fiscal Year coinciding with or ending within the Plan Year.
3. (X) the Calendar Year coinciding with or ending within the Plan Year.
NOTE: The Limitation Year shall be the same as the year on which
Compensation is based.
e. HOWEVER, for an Employee's first year of participation, Compensation
shall be recognized as of:
1. (X) the first day of the Plan Year.
2. ( ) the date the Participant entered the Plan.
f. IN ADDITION, COMPENSATION and "414(s) Compensation" 1. (X) shall 2. ( )
shall not include compensation which is not currently includible in the
Participant's gross income by reason of the application of Code Sections
125, 402(a)(8), 402(h)(1)(B) or 403(b).
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E2 SALARY REDUCTION ARRANGEMENT - ELECTIVE CONTRIBUTION (Plan Section 11.2) Each
Employee may elect to have his Compensation reduced by:
a. ( ) %
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b. (X) up to 20 %
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c. ( ) from % to %
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d. ( ) up to the maximum percentage allowable not to exceed the limits of
Code Sections 401(k), 404 and 415.
AND...
e. (X) A Participant may elect to commence salary reductions as of JANUARY 1
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(ENTER AT LEAST ONE DATE OR PERIOD). A Participant may modify the
amount of salary reductions as of JANUARY 1 AND JULY 1 (ENTER AT
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LEAST ONE DATE OR PERIOD).
AND...
Shall cash bonuses paid within 2 1/2 months after the end of the Plan
Year be subject to the salary reduction election?
f. ( ) Yes
g. (X) No
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E3 FORMULA FOR DETERMINING EMPLOYER'S MATCHING CONTRIBUTION (Plan Section
11.1(b))
a. (X) N/A. There shall be no matching contributions.
b. ( ) The Employer shall make matching contributions equal to %
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(e.g. 50%) of the Participant's salary reductions.
c. ( ) The Employer may make matching contributions equal to a discretionary
percentage, to be determined by the Employer, of the Participant's
salary reductions.
d. ( ) The Employer shall make matching contributions equal to the sum
of % of the portion of the Participant's salary reduction which
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does not exceed % of the Participant's Compensation plus % of
---- ---
the portion of the Participant's salary reduction which exceeds %
---
of the Participant's Compensation, but does not exceed % of the
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Participant's Compensation.
e. ( ) The Employer shall make matching contributions equal to the
percentage determined under the following schedule:
Participant's Total Matching Percentage
Years of Service
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FOR PLANS WITH MATCHING CONTRIBUTIONS
f. ( ) Matching contributions g. ( ) shall h. ( ) shall not be used in
satisfying the deferral percentage tests. (If used, full vesting and
restrictions on withdrawals will apply and the match will be deemed
to be an Elective Contribution).
i. ( ) Shall a Year of Service be required in order to share in the matching
contribution?
With respect to Plan Years beginning after 1989...
1. ( ) Yes (Could cause Plan to violate minimum participation and
coverage requirements under Code Sections 401(a)(26) and 410)
2. ( ) No
With respect to Plan Years beginning before 1990...
1. ( ) N/A, new Plan, or same as years beginning after 1989
2. ( ) Yes
3. ( ) No
j. ( ) In determining matching contributions, only salary reductions up to
% of a Participant's Compensation will be matched. k. ( ) N/A
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l. ( ) The matching contribution made on behalf of a Participant for any
Plan Year shall not exceed $ . m. ( ) N/A
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n. ( ) Matching contributions shall be made on behalf of
1. ( ) all Participants.
2. ( ) only Non-Highly Compensated Employees.
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E4 WILL A DISCRETIONARY EMPLOYER CONTRIBUTION BE PROVIDED (OTHER THAN A
DISCRETIONARY MATCHING OR QUALIFIED NON-ELECTIVE CONTRIBUTION) (Plan Section
11.1(c))?
a. ( ) No.
b. ( ) Yes, the Employer may make a discretionary contribution out of its
current or accumulated Net Profit.
c. (X) Yes, the Employer may make a discretionary contribution which is not
limited to its current or accumulated Net Profit.
IF YES (b. or c. is selected above), the Employer's discretionary
contribution shall be allocated as follows:
d. ( ) FOR A NON-INTEGRATED PLAN
The Employer discretionary contribution for the Plan Year shall be allocated
in the same ratio as each Participant's Compensation bears to the total of
such Compensation of all Participants.
e. (X) FOR AN INTEGRATED PLAN
The Employer discretionary contribution for the Plan Year shall be allocated
in accordance with Plan Section 4.3(b)(2) based on a Participant's
Compensation in excess of:
f. ( ) The Taxable Wage Base.
g. ( ) The greater of $10,000 or 20% of the Taxable Wage Base.
h. (X) 3% of the Taxable Wage Base. (See Note below)
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i. ( ) $ . (see Note below)
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NOTE: The integration percentage of 5.7% shall be reduced to:
1. 4.3% if h. or i. above is more than 20% and less than or equal to
80% of the Taxable Wage Base.
2. 5.4% if h. or i. above is less than 100% and more than 80% of the
Taxable Wage Base.
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E5 QUALIFIED NON-ELECTIVE CONTRIBUTIONS (Plan Section 11.1(d))
a. (X) N/A. There shall be no Qualified Non-Elective Contributions except as
provided in Sections 11.5(b) and 11.7(h).
b. ( ) The Employer shall make a Qualified Non-Elective Contribution equal
to % of the total Compensation of all Participants eligible
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to share in the allocations.
c. ( ) The Employer may make a Qualified Non-Elective Contribution in an
amount to be determined by the Employer.
E6 FORFEITURES (Plan Section 4.3(e))
a. Forfeitures of contributions other than matching contributions shall
be...
1. (X) added to the Employer's contribution under the Plan.
2. ( ) allocated to all Participants eligible to share in the
allocations in the same proportion that each Participant's
Compensation for the year bears to the Compensation of all
Participants for such year.
b. Forfeitures of matching contributions shall be...
1. (X) N/A. No matching contributions or match is fully vested.
2. ( ) used to reduce the Employer's matching contribution.
3. ( ) allocated to all Participants eligible to share in the
allocations in proportion to each such Participant's Compensation
for the year.
4. ( ) allocated to all Non-Highly Compensated Employee's eligible to
share in the allocations in proportion to each such Participant's
Compensation for the year.
E7 ALLOCATIONS TO ACTIVE PARTICIPANTS (Plan Section 4.3) With respect to Plan
Years beginning after 1989, a Participant...
a. (X) shall (Plan may become discriminatory)
b. ( ) shall not
be required to complete a Year of Service in order to share in any
Non-Elective Contributions (other than matching contributions) or Qualified
Non-Elective Contributions. For Plan Years beginning before 1990, the Plan
provides that a Participant must complete a Year of Service to share in the
allocations.
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E8 ALLOCATIONS TO TERMINATED PARTICIPANTS (Plan Section 4.3(k)) Any Participant
who terminated employment during the Plan Year (i.e. not actively employed
on the last day of the Plan Year) for reasons other than death, Total and
Permanent Disability or retirement:
a. With respect to Employer Non-Elective Contributions (other than matching),
Qualified Non-Elective Contributions, and Forfeitures:
1. For Plan Years beginning after 1989,
i. ( ) N/A, Plan does not provide for such contributions.
ii. ( ) shall share in the allocations provided such Participant
completed more than 500 Hours of Service.
iii. (X) shall share in such allocations provided such Participant
completed a Year of Service.
iv. ( ) shall not share in such allocations, regardless of Hours of
Service.
2. For Plan Years beginning before 1990,
i. (X) N/A, new Plan, or same as for Plan Years beginning after
1989.
ii. ( ) shall share in such allocations provided such Participant
completed a Year of Service.
iii. ( ) shall not share in such allocations, regardless of Hours of
Service.
NOTE: If a.1.iii or iv is selected, the Plan could violate minimum
participation and coverage requirements under Code Sections 401(a)(26)
and 410.
b. With respect to the allocation of Employer Matching Contributions, a
Participant:
1. For Plan Years beginning after 1989,
i. (X) N/A, Plan does not provide for matching contributions.
ii. ( ) shall share in the allocations, regardless of Hours of
Service.
iii. ( ) shall share in the allocations provided such Participant
completed more than 500 Hours of Service.
iv. ( ) shall share in such allocations provided such Participant
completed a Year of Service.
v. ( ) shall not share in such allocations, regardless of Hours of
Service.
2. For Plan Years beginning before 1990,
i. (X) N/A, new Plan, or same as years beginning after 1989.
ii. ( ) shall share in the allocations, regardless of Hours of
Service.
iii. ( ) shall share in such allocations provided such Participant
completed a Year of Service.
iv. ( ) shall not share in such allocations, regardless of Hours of
Service.
NOTE: If b.1.iv or v is selected, the Plan could violate minimum
participation and coverage requirements under Code Section 401(a)
(26) and 410.
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E9 ALLOCATIONS OF EARNINGS (Plan Section 4.3(c))
Allocations of earnings with respect to amounts contributed to the Plan after
the previous Anniversary Date or other valuation date shall be determined...
a. ( ) by using a weighted average.
b. ( ) by treating one-half of all such contributions as being a part of the
Participant's nonsegregated account balance as of the previous
Anniversary Date or valuation date.
c. (X) by using the method specified in Section 4.3(c).
d. ( ) other
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E10 LIMITATIONS ON ALLOCATIONS (Plan Section 4.4)
a. If any Participant is or was covered under another qualified defined
contribution plan maintained by the Employer, or if the Employer maintains
a welfare benefit fund, as defined in Code Section 419(e), or an
individual medical account, as defined in Code Section 415(l)(2), under
which amounts are treated as Annual Additions with respect to any
Participant in this Plan:
1. ( ) N/A.
2. (X) The provisions of Section 4.4(b) of the Plan will apply.
3. ( ) Provide the method under which the Plans will limit total Annual
Additions to the Maximum Permissible Amount, and will properly
reduce any Excess Amounts, in a manner that precludes Employer
discretion.
b. If any Participant is or ever has been a Participant in a defined benefit
plan maintained by the Employer:
1. ( ) N/A.
2. (X) In any Limitation Year, the Annual Additions credited to the
Participant under this Plan may not cause the sum of the Defined
Benefit Plan Fraction and the Defined Contribution Fraction to
exceed 1.0. If the Employer's contribution that would otherwise be
made on the Participant's behalf during the limitation year would
cause the 1.0 limitation to be exceeded, the rate of contribution
under this Plan will be reduced so that the sum of the fractions
equals 1.0. If the 1.0 limitation is exceeded because of an Excess
Amount, such Excess Amount will be reduced in accordance with
Section 4.4(a)(4) of the Plan.
3. ( ) Provide the method under which the Plans involved will satisfy the
1.0 limitation in a manner that precludes Employer discretion.
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E11 DISTRIBUTIONS UPON DEATH (Plan Section 6.6(h)) Distributions upon the death
of a Participant prior to receiving any benefits shall...
a. (X) be made pursuant to the election of the Participant or beneficiary.
b. ( ) begin within 1 year of death for a designated beneficiary and be
payable over the life (or over a period not exceeding the life
expectancy) of such beneficiary, except that if the beneficiary is
the Participant's spouse, begin within the time the Participant
would have attained age 70 1/2.
c. ( ) be made within 5 years of death for all beneficiaries.
d. ( ) other
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E12 LIFE EXPECTANCIES (Plan Section 6.5(f)) for minimum distributions required
pursuant to Code Section 401(a)(9) shall...
a. ( ) be recalculated at the Participant's election.
b. (X) be recalculated.
c. ( ) not be recalculated.
E13 CONDITIONS FOR DISTRIBUTIONS UPON TERMINATION
Distributions upon termination of employment pursuant to Section 6.4(a) of
the Plan shall not be made unless the following conditions have been
satisfied:
a. ( ) N/A. Immediate distributions may be made at Participant's election.
b. ( ) The Participant has incurred 1-Year Break(s) in Service.
---
c. ( ) The Participant has reached his or her Early or Normal Retirement Age.
d. (X) Distributions may be made at the Participant's election on or after
the Anniversary Date following termination of employment.
e. ( ) Other
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E14 FORM OF DISTRIBUTIONS (Plan Sections 6.5 and 6.6)
Distributions under the Plan may be made...
a. 1. (X) in lump sums.
2. ( ) in lump sums or installments.
b. AND, pursuant to Plan Section 6.13,
1. ( ) no annuities are allowed (avoids Joint and Survivor rules).
2. (X) annuities are allowed (Plan Section 6.13 shall not apply).
NOTE: b.1. above may not be elected if this is an amendment to a plan which
permitted annuities as a form of distribution or if this Plan has
accepted a plan to plan transfer of assets from a plan which permitted
annuities as a form of distribution.
c. AND, may be made in...
1. (X) cash only (except for insurance or annuity contracts).
2. ( ) cash or property.
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TOP HEAVY REQUIREMENTS
F1 TOP HEAVY DUPLICATIONS (Plan Section 4.3(i)): When a Non-Key Employee is a
Participant in this Plan and a Defined Benefit Plan maintained by the
Employer, indicate which method shall be utilized to avoid duplication of
top heavy minimum benefits.
a. (X) The Employer does not maintain a Defined Benefit Plan.
b. ( ) A minimum, non-integrated contribution of 5% of each Non-Key
Employee's total Compensation shall be provided in this Plan, as
specified in Section 4.3(i). (The Defined Benefit and Defined
Contribution Fractions will be computed using 100% if this choice is
selected.)
c. ( ) A minimum, non-integrated contribution of 7 1/2% of each Non-Key
Employee's total Compensation shall be provided in this Plan, as
specified in Section 4.3(i). (If this choice is selected, the Defined
Benefit and Defined Contribution Fractions will be computed using 125%
for all Plan Years in which the Plan is Top Heavy, but not Super Top
Heavy.)
d. ( ) Specify the method under which the Plans will provide top heavy
minimum benefits for Non-Key Employees that will preclude Employer
discretion and avoid inadvertent omissions, including any adjustments
required under Code Section 415(e).
F2 PRESENT VALUE OF ACCRUED BENEFIT (Plan Section 2.2) for Top Heavy purposes
where the Employer maintains a Defined Benefit Plan in addition to this Plan,
shall be based on...
a. (X) N/A. The Employer does not maintain a defined benefit plan.
b. ( ) Interest Rate:
-----
Mortality Table:
-------
F3 TOP HEAVY DUPLICATIONS: Employer maintaining two (2) or more Defined
Contribution Plans.
a. (X) N/A.
b. ( ) A minimum, non-integrated contribution of 3% of each Non-Key
Employee's total Compensation shall be provided in the Money Purchase
Plan (or other plan subject to Code Section 412), where the Employer
maintains two (2) or more non-paired Defined Contribution Plans.
c. ( ) Specify the method under which the Plans will provide top heavy
minimum benefits for Non-Key Employees that will preclude Employer
discretion and avoid inadvertent omissions, including any adjustments
required under Code Section 415(e).
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MISCELLANEOUS
G1 LOANS TO PARTICIPANTS (Plan Section 7.4)
a. ( ) Yes, loans may be made up to $50,000 or 1/2 Vested interest.
b. (X) No, loans may not be made.
If YES, (check all that apply)...
c. ( ) loans shall be treated as a Directed Investment.
d. ( ) loans shall only be made for hardship or financial necessity.
e. ( ) the minimum loan shall be $1,000.
f. ( ) 10,000 de minimis loans may be made regardless of Vested interest. (If
selected, Plan may need security in addition to Vested interest.)
NOTE: Department of Labor Regulations require the adoption of a SEPARATE
written loan program setting forth the requirements outlined in Plan
Section 7.4.
G2 DIRECTED INVESTMENT ACCOUNTS (Plan Section 4.8) are permitted for the
interest in any one or more accounts.
a. (X) Yes, regardless of the Participant's Vested interest in the Plan.
b. ( ) Yes, but only with respect to the Participant's Vested interest in the
Plan.
c. ( ) Yes, but only with respect to those accounts which are 100% Vested.
d. ( ) No directed investments are permitted.
G3 TRANSFERS FROM QUALIFIED PLANS (Plan Section 4.6)
a. (X) Yes, transfers from qualified plans (and rollovers) will be allowed.
b. ( ) No, transfers from qualified plans (and rollovers) will not be
allowed.
AND, transfers shall be permitted...
c. (X) from any Employee, even if not a Participant.
d. ( ) from Participants only.
G4 EMPLOYEES' VOLUNTARY CONTRIBUTIONS (Plan Section 4.7)
a. ( ) Yes, Voluntary Contributions are allowed subject to the limits of
Section 4.10.
b. (X) No, Voluntary Contributions will not be allowed.
NOTE: TRA '86 subjects voluntary contributions to strict discrimination
rules.
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G5 HARDSHIP DISTRIBUTIONS (Plan Sections 6.11 and 11.8)
a. ( ) Yes, from any accounts which are 100% Vested.
b. ( ) Yes, from Participant's Elective Account only.
c. ( ) Yes, but limited to the Participant's Account only.
d. (X) No.
NOTE: Distributions from a Participant's Elective Account are limited to the
portion of such account attributable to such Participant's Deferred
Compensation and earnings attributable thereto up to December 31, 1988.
Also hardship distributions are not permitted from a Participant's
Qualified Non-Elective Account.
G6 PRE-RETIREMENT DISTRIBUTION (Plan Section 6.10)
a. ( ) If a Participant has reached the age of , distributions may be
-----
made, at the Participant's election, from any accounts which are 100%
Vested without requiring the Participant to terminate employment.
b. (X) No pre-retirement distribution may be made.
NOTE: Distributions from a Participant's Elective Account and Qualified
Non-Elective Account are not permitted prior to age 59 1/2.
G7 LIFE INSURANCE (Plan Section 7.2(d)) may be purchased with Plan
contributions.
a. ( ) No life insurance may be purchased.
b. ( ) Yes, at the option of the Administrator.
c. (X) Yes, at the option of the Participant.
AND, the purchase of initial or additional life insurance shall be subject to
the following limitations: (select all that apply)
d. ( ) N/A, no limitations.
e. (X) each initial Contract shall have a minimum face amount of $ 50000 .
----------
f. (X) each additional Contract shall have a minimum face amount of $ 10000 .
---------
g. (X) the Participant has completed 3 Years of Service.
---
h. ( ) the Participant has completed Years of Service while a
------
Participant in the Plan.
i. ( ) the Participant is under age on the Contract issue date.
----
j. ( ) the maximum amount of all Contracts on behalf of a Participant shall
not exceed $ .
-----------
k. ( ) the maximum face amount of life insurance shall be $ .
------
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The adopting Employer may not rely on an opinion letter issued by the National
Office of the Internal Revenue Service as evidence that the plan is qualified
under Code Section 401. In order to obtain reliance with respect to plan
qualification, the Employer must apply to the appropriate Key District Office
for a determination letter.
This Adoption Agreement may be used only in conjunction with basic Plan document
01. This Adoption Agreement and the basic Plan document shall together be known
as BENEFIT DESIGNERS OF MARYLAND, INC. Non-Standardized 401(k) Profit Sharing
Plan and Trust #01-005.
The adoption of this Plan, its qualification by the IRS, and the related tax
consequences are the responsibility of the Employer and its independent tax and
legal advisors.
BENEFIT DESIGNERS OF MARYLAND, INC. will notify the Employer of any amendments
made to the Plan or of the discontinuance or abandonment of the Plan provided
this Plan has been acknowledged by BENEFIT DESIGNERS OF MARYLAND, INC. or its
authorized representative. Furthermore, in order to be eligible to receive such
notification, we agree to notify BENEFIT DESIGNERS OF MARYLAND, INC. of any
change in address.
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IN WITNESS WHEREOF, the Employer and Trustee hereby cause this Plan to be
executed on MAY 14, 1998 . Furthermore, this Plan may not be used unless
------------
acknowledged by BENEFIT DESIGNERS OF MARYLAND, INC. or its authorized
representative.
EMPLOYER:
THE TOWN AND COUNTRY MANAGEMENT COMPANY
By:
-------------------------------
/s/ Xxxxxxxx X. Xxxxx /s/ Xxxxxxx X. Xxxxx
---------------------------------- ----------------------------------
TRUSTEE TRUSTEE
/s/ Xxxxxx Xxxxxx /s/ Xxxx X. Xxxxxx
---------------------------------- ----------------------------------
TRUSTEE TRUSTEE
/s/ Xxxxxx X. Xxxxx
----------------------------------
TRUSTEE
PARTICIPATING EMPLOYER:
The Town and Country Management Company
---------------------------------------
(enter name)
By:/s/ Xxxxxxxx X. Xxxxx
-------------------------------
Senior Vice President
This Plan may not be used, and shall not be deemed to be a Regional Prototype
Plan, unless an authorized representative of BENEFIT DESIGNERS OF MARYLAND, INC.
has acknowledged the use of the Plan. Such acknowledgment is for administerial
purposes only. It acknowledges that the Employer is using the Plan but does not
represent that this Plan, including the choices selected on the Adoption
Agreement, has been reviewed by a representative of the sponsor or constitutes a
qualified retirement plan.
BENEFIT DESIGNERS OF MARYLAND, INC.
By: /s/ Xxxxxxx Xxxxxxxxxxxx
-------------------------------
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