FIRST AMENDMENT
TO THE
ZEBRA TECHNOLOGIES CORPORATION
PROFIT SHARING AND SAVINGS PLAN
THIS AMENDMENT made and entered into the ____ day of
____________________, 1993, by and between ZEBRA TECHNOLOGIES CORPORATION (the
"Employer") and XXXXXX XXXXXX and XXXXXXX XXXXX, as Co-Trustees (the
"Trustees").
WHEREAS, the Employer heretofore adopted the ZEBRA TECHNOLOGIES
CORPORATION PROFIT SHARING AND SAVINGS PLAN (the "Plan") originally effective
June 1, 1984, the Plan having been last amended and restated effective
January 1, 1989; and
WHEREAS, the Employer desires to further amend the Plan to comply with
Section 401(a)(31) of the Internal Revenue Code of 1986, as amended; and
WHEREAS, under the terms of the Plan, the Employer has the right to amend
the Plan;
NOW, THEREFORE, the Employer hereby amends the Plan as follows:
I.
Article VII of the Plan is hereby amended by the addition of following
subsection at the end thereof:
7.12 ROLLOVER DISTRIBUTIONS
(a) For distributions made on or after January 1, 1993 and
notwithstanding any provision of the Plan to the contrary, that would otherwise
limit a "Distributee's" election hereunder, a Distributee may elect, at the time
and in the manner prescribed by the Plan Administrator, to have any portion of
an "Eligible Rollover Distribution" paid directly to an "Eligible Retirement
Plan" specified by the Distributee in a "Direct Rollover."
(b) For purposes of this Section, the terms set forth below
shall have the following meanings:
(i) "Eligible Rollover Distribution" means any
distribution of all or any portion of the balance to the credit of the
Distributee, except that an Eligible Rollover Distribution does not include (A)
any distribution that is one of a series of substantially equal periodic
payments (not less frequently than annually) made for the life (or life
expectancy) of the Distributee or the joint lives (or joint life expectancies)
of the Distributee and the Distributee's designated beneficiary, or for a
specified period of ten years or more, (B) any distribution to the extent such
distribution is required under Code Section 401(a)(9); and (C) the portion of
any distribution that is not includable in gross income (determined without
regard to the exclusion for net unrealized appreciation with respect to employer
securities).
(ii) "Eligible Retirement Plan" means an individual
retirement account described in Code Section 408(a), an individual retirement
annuity described in Code Section 408(b), an annuity plan described in Code
Section 403(a), or a qualified trust described in Code Section 401(a), that
accepts the Distributee's Eligible Rollover Distribution. However, in the case
of an Eligible Rollover Distribution to a Participant's surviving spouse, an
Eligible Retirement Plan is an individual retirement account or individual
retirement annuity.
(iii) "Distributee" means an Employee or former Employee.
In addition, the Employee's or former Employee's surviving spouse and the
Employee's or former Employee's spouse or former spouse who is the alternate
payee under a qualified domestic relations order, as defined in Code Section
414(p), are Distributees with regard to the interest of the spouse or former
spouse.
(iv) "Direct Rollover" means a payment by the Plan to the
Eligible Retirement Plan specified by the Distributee.
II.
Except as hereinbefore amended, the Plan shall continue in full force and
effect in accordance with its terms.
-2-
IN WITNESS WHEREOF, this FIRST AMENDMENT has been executed by the
Employer and Trustees to signify their acceptance of the terms hereof as of the
date first written above.
EMPLOYER:
ATTEST: ZEBRA TECHNOLOGIES CORPORATION
By:
--------------------------------------- -----------------------------
Its Secretary Its President
TRUSTEES:
-----------------------------
XXXXXX XXXXXX
-----------------------------
XXXXXXX XXXXX
-3-
