EXHIBIT 4.4
ADOPTION AGREEMENT FOR
MFS FUND DISTRIBUTORS, INC.
NON-STANDARDIZED 401(K) PROFIT SHARING
PLAN AND TRUST
The undersigned Employer adopts the MFS Fund Distributors, 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 Aztec Manufacturing Co. Employee Benefit Plan & Trust
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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 Aztec Manufacturing Co.
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B2 Address 000 X. Xxxxxxx; X.X. Xxx 000
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Xxxxxxx , XX 00000
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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 ______________________________
B5 TYPE OF ENTITY
a. ( ) S Corporation
b. ( ) Professional Service Corporation
c. (X) Corporation
d. ( ) Sole Proprietorship
e. ( ) Partnership
f. ( ) Other
AND, is the Employer a member of...
g. a controlled group? (X) Yes ( ) No
h. an affiliated service group? (X) Yes ( ) No
1
B6 NAME(S) OF TRUSTEE(S)
a. First Nebraska Trust Company
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b. ___________________________________________________________________
c. ___________________________________________________________________
d. ___________________________________________________________________
e. ___________________________________________________________________
f. ___________________________________________________________________
g. ___________________________________________________________________
( ) If checked, MFS Heritage Trust Company is selected as Trustee.
NOTE: MFS Heritage Trust Company will act as Trustee only when
Plan assets are invested exclusively in mutual funds
distributed by MFS Fund Distributors, Inc. If the
Trustee is another corporation or an individual, at
least 50% of Plan assets must be so invested, unless
MFS Fund Distributors, Inc. otherwise agrees in writing.
B7 TRUSTEES' ADDRESS
a. ( ) Use Employer Address
b. (X) P.O. box 81667 13th and K Street
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Street
Lincoln , Nebraska 68501-1667
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City State Zip
c. ( ) The address of MFS Heritage Trust Company is:
c/o MFS Service Center, Inc.
X.X. Xxx 0000
Xxxxxx, XX 00000-0000
2
B8 LOCATION OF EMPLOYER'S PRINCIPAL OFFICE:
a. (X) State b. ( ) Commonwealth of c. Texas and this Plan and Trust shall
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be governed under the same.
B9 EMPLOYER FISCAL YEAR means the 12 consecutive month period:
Commencing on a. March 1 (e.g., January 1st) and
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month day
ending on b. February 28 .
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month day
3
PLAN INFORMATION
C1 EFFECTIVE DATE
This Adoption Agreement of the MFS Fund Distributors, Inc. Non-
Standardized 401(k) Profit Sharing Plan and Trust shall:
a. ( ) establish a new Plan and Trust effective as of (hereinafter
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called 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 March 1, 1969 (hereinafter called the
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"Effective Date"). Except as specifically provided in the Plan,
the effective date of this amendment and restatement is
December 1, 1999 (For TRA '86 amendments, enter the first day
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of the first Plan Year beginning in 1989).
C2 PLAN YEAR means the 12 consecutive month period:
Commencing on a. March 1 (e.g., January 1st)
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and ending on b. February 28.
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IS THERE A SHORT PLAN YEAR?
c. (X) No
d. ( ) Yes, beginning_______
and ending ____________________.
C3 ANNIVERSARY DATE of Plan (Annual Valuation Date)
a. February 28
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month day
C4 PLAN NUMBER assigned by the Employer (select one)
a. (X) 001 b. ( ) 002 c. ( ) 003 d. ( ) Other _________
4
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 ______________________________________________________
Address ( ) Use Employer Address
_________________________________________________
_______________, _____________ ______________
City State Zip
Telephone ______________________
Administrator's I.D. Number _______________________________
C6 PLAN'S AGENT FOR SERVICE OF LEGAL PROCESS
a. (X) Employer (Use Employer Address)
b. ( ) Name _____________________________________________________
Address __________________________________________________
__________________________________________________
5
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___
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.
6
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 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.
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. ( ) 1/2 Year of Service
3. (X) 1 Year of Service
4. ( ) Other __________
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. ( ) 20 1/2
3. ( ) 21
4. (X) Other 18
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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.
7
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. ( ) 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 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. (X) Other: the day in which he met the requirement_____________,
provided that an Employee who has satisfied 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.
8
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
________________________ ________________
________________________ ________________
________________________ ________________
________________________ ________________
________________________ ________________
________________________ ________________
________________________ ________________
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. ( ) Vesting schedule has not been amended or amended schedule is
more favorable in all years.
b. (X) Years of Service Percentage
less than 1 0%
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1-2 1%
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2-3 1%
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3-4 20%
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4-5 40%
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5-6 60%
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6-7 80%
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7+ 100%
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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.
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 b. (X) N/A.
Plan or a predecessor plan.
c. ( ) Service prior to the time an Employee d. (X) N/A.
attained age 18.
D10 PLAN SHALL RECOGNIZE SERVICE WITH PREDECESSOR EMPLOYER
a. ( ) No.
b. (X) Yes: Years of Service with Rig-A-Lit Partnership, Ltd.,
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Xxxxxxx Company, Inc., Xxxxxxxx Industries and CGIT Westboro,
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Inc. shall be recognized for the purpose of this Plan.
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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
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exceed 65th)
b. ( ) the later of the date a Participant attains his ___ birthday
(not to exceed 65th) or the c.___ (not to exceed 5th)
anniversary of the first day of the Plan Year in which
participation in the Plan commenced.
10
D12 NORMAL RETIREMENT DATE (Plan Section 1.43) shall commence:
a. (X) 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. ( ) as of the Anniversary Date...
1. ( ) coinciding with or next following the Participant's
"NRA."
2. ( ) nearest the Participant's "NRA".
D13 EARLY RETIREMENT DATE (Plan Section 1.12) means the:
a. (X) 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. ( ) Anniversary Date coinciding with or next following the date on
which a Participant...
AND, if b., c. or d. was selected...
1. ( ) attains his ____ birthday and has
2. ( ) completed at least ____ Years of Service.
11
CONTRIBUTIONS, ALLOCATIONS AND DISTRIBUTIONS
E1 a. COMPENSATION (Plan Section 1.9) with respect to any Participant means:
1. (X) Wages, tips and other Compensation on Form W-2.
2. ( ) Code Section 3401(a) wages.
3. ( ) 415 safe-harbor compensation.
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 ____
d. FOR PURPOSES OF THIS SECTION E1, Compensation shall be based on:
1. (X) the Plan Year.
2. ( ) the Fiscal Year coinciding with or ending within the Plan
Year.
3. ( ) 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. ( ) the first day of the Plan Year.
2. (X) the date the Participant entered the Plan.
f. IN ADDITION, COMPENSATION and "414(s) Compensation"
1. ( ) shall
2. (X) 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).
g. AND, COMPENSATION
1. ( ) shall
2. (X) shall not include (even if includible in gross income)
reimbursements or other expense allowances, fringe benefits
(cash or noncash), moving expenses, deferred compensation,
and welfare benefits.
12
E2 SALARY REDUCTION ARRANGEMENT - ELECTIVE CONTRIBUTION
(Plan Section 4.2) Each Employee may elect to have his Compensation reduced
by:
a. ( ) ____%
b. ( ) up to ____%
c. (X) from 1 % to 12%
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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
November 1, 1999 and thereafter on March 1; June 1; September 1;
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and December 1 (ENTER AT LEAST ONE DATE OR PERIOD). A Participant
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may modify the amount of salary reductions as of March 1; June 1;
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September 1; and December 1 (ENTER AT 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
E3 FORMULA FOR DETERMINING EMPLOYER'S MATCHING CONTRIBUTION
(Plan Section 4.1(b))
a. ( ) N/A. There shall be no matching contributions.
b. ( ) The Employer shall make matching contributions equal to % (e.g.
50%) of the Participant's salary reductions.
c. (X) 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 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 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
__________ __________
__________ __________
__________ __________
13
FOR PLANS WITH MATCHING CONTRIBUTIONS
f. (X) Matching contributions g. ( ) shall h. (X) 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. (X) Shall a Year of Service be required in order to share in the
matching contribution?
With respect to Plan Years beginning after 1989...
1. (X) 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. (X) 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. (X) N/A
l. ( ) The matching contribution made on behalf of a Participant for any
Plan Year shall not exceed $ ____. m. (X) N/A
n. (X) Matching contributions shall be made on behalf of
1. (X) all Participants.
2. ( ) only Non-Highly Compensated Employees.
o. (X) Notwithstanding anything in the Plan to the contrary, all
matching contributions which relate to distributions of Excess
Deferred Compensation, Excess Contributions, and Excess Aggregate
Contributions shall be Forfeited. (Select this option only if it
is applicable.)
14
E4 WILL A DISCRETIONARY EMPLOYER CONTRIBUTION BE PROVIDED (OTHER THAN A
DISCRETIONARY MATCHING OR QUALIFIED NON-ELECTIVE CONTRIBUTION) (Plan
Section 4.1)?
a. ( ) No.
b. (X) Yes, the Employer may make a discretionary contribution out of
its current or accumulated Net Profit.
c. ( ) 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. (X) 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. ( ) FOR AN INTEGRATED PLAN
The Employer discretionary contribution for the Plan Year shall be
allocated in accordance with Plan Section 4.4(b)(3) 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. ( ) ____% of the Taxable Wage Base. (See Note below)
i. ( ) $____. (see Note below)
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.
E5 QUALIFIED NON-ELECTIVE CONTRIBUTIONS (Plan Section 4.1)
a. (X) N/A. There shall be no Qualified Non-Elective Contributions
except as provided in Sections 4.6 and 4.8.
b. ( ) The Employer shall make a Qualified Non-Elective Contribution
equal to % of the total Compensation of all Participants eligible
to share in the allocations.
c. ( ) The Employer may make a Qualified Non-Elective Contribution in an
amount to be determined by the Employer.
15
E6 FORFEITURES (Plan Section 4.4(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. ( ) N/A. No matching contributions or match is fully vested.
2. ( ) used to reduce the Employer's matching contribution.
3. (X) 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 4.4)
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.
16
E8 ALLOCATIONS TO TERMINATED PARTICIPANTS (Plan Section 4.4(l))
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. ( ) shall share in such allocations provided such
Participant completed a Year of Service.
iv. (X) 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. ( ) 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. (X) 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.
17
E9 ALLOCATIONS OF EARNINGS (Plan Section 4.4(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. ( ) by using the method specified in Section 4.4(c).
d. (X) other: by using the actual investment experience of individual
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accounts
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E10 LIMITATIONS ON ALLOCATIONS (Plan Section 4.9)
a. If any Participant is or was covered under another qualified defined
contribution plan maintained by the Employer, other than a Master or
Prototype Plan 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. (X) N/A.
2. ( ) The provisions of Section 4.9(b) of the Plan will apply as
if the other plan were a Master or Prototype Plan.
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. (X) N/A.
2. ( ) 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 4.9(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.
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 a ge 70 1/2.
c. ( ) be made within 5 years of death for all beneficiaries.
d. ( ) other
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18
E12 LIFE EXPECTANCIES (Plan Section 6.5(f)) for minimum distributions
required pursuant to Code Section 401(a)(9) shall...
a. (X) be recalculated at the Participant's election.
b. ( ) 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. (X) 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. ( ) Distributions may be made at the Participant's election on
or after the Anniversary Date following termination of
employment.
e. ( ) Other ____
E14 FORM OF DISTRIBUTIONS (Plan Sections 6.5 and 6.6)
Distributions under the Plan may be made...
a. 1. ( ) in lump sums.
2. (X) 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.
19
TOP HEAVY REQUIREMENTS
F1 TOP HEAVY DUPLICATIONS (Plan Section 4.4(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 4.4(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 4.4(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).
20
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 4.13) 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 4.11)
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 4.12)
a. ( ) Yes, Voluntary Contributions are allowed subject to the limits
of Section 4.7.
b. (X) No, Voluntary Contributions will not be allowed.
NOTE: TRA '86 subjects voluntary contributions to strict discrimination
rules.
21
G5 HARDSHIP DISTRIBUTIONS (Plan Section 6.11)
a. ( ) Yes, from any accounts which are 100% Vested.
b. (X) Yes, from Participant's Elective Account only.
c. ( ) Yes, but limited to the Participant's Account only.
d. ( ) 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. (X) If a Participant has reached the age of 59 1/2 , distributions may
be made, at the Participant's election, from any accounts which
are 100% Vested without requiring the Participant to terminate
employment.
b. ( ) 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.
22
G7 TRUST INVESTMENTS: (Plan Section 7.2) Assets under this Plan shall be
invested as follows (select all that apply):
a. ( ) Life Insurance Contracts (must also select b. and/or c.)
1. ( ) shall be purchased at the option of the Administrator.
2. ( ) shall be purchased at the option of the Participant.
AND (select all that apply)...
3. ( ) Each initial Contract shall have a minimum face amount of
$__ .
4. ( ) Each additional life insurance contract shall have a
minimum face amount of $__.
5. ( ) No initial or additional life insurance shall be purchased
for any Participant who is under age __ on the contract
issue date
6. ( ) No life insurance shall be purchased until the Participant
has been credited with __ Years of Service.
7. ( ) No life insurance shall be purchased until the Participant
has been credited with __ Years of Service while a
Participant in the Plan.
8. ( ) The maximum amount of all Contracts purchased on behalf of
a Participant shall not exceed $__.
9. ( ) Waiver of premium is included on all life insurance
contracts and is paid with the Employer Contributions
allocated to the Participant's Accounts.
b. ( ) Annuity Contracts (as permitted by the Insurer) shall be
purchased...
1. ( ) at the option of the Administrator
2. ( ) at the option of the Participant
c. (X) Investments may be made in any investments permitted pursuant to
Plan Sections 7.2 and 7.3 other than those permitted by a. or b.
above unless so elected.
23
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.
The Employer may not rely on the opinion letter issued by the National Office of
the Internal Revenue Service as evidence that this Plan is qualified under Code
Section 401 unless the terms of the Plan, as herein adopted or amended, that
pertain to the requirements of Code Sections 401(a)(4), 401(a)(17), 401(l),
401(a)(5), 410(b) and 414(s), as amended by the Tax Reform Act of 1986, or later
laws, (a) are made effective retroactively to the first day of the first Plan
Year beginning after December 31, 1988 (or such later date on which these
requirements first become effective with respect to this Plan); or (b) are made
effective no later than the first day on which the Employer is no longer
entitled, under regulations, to rely on a reasonable, good faith interpretation
of these requirements, and the prior provisions of the Plan constitute such an
interpretation.
This Adoption Agreement may be used only in conjunction with basic Plan document
#02. This Adoption Agreement and the basic Plan document shall together be known
as MFS Fund Distributors, Inc. Non-Standardized 401(k) Profit Sharing Plan and
Trust #02-001.
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.
This Plan may be used only in conjunction with a product purchased from MFS Fund
Distributors, Inc. or any of its affiliates or subsidiaries.
MFS Fund Distributors, 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 MFS Fund Distributors, Inc. or its authorized
representative. Furthermore, in order to be eligible to receive such
notification, we agree to notify MFS Fund Distributors, Inc. of any change in
address.
24
IN WITNESS WHEREOF, the Employer and Trustee hereby cause this Plan to be
executed on this ________________ day of ________________________,
_______________. Furthermore, this Plan may not be used unless acknowledged by
MFS Fund Distributors, Inc. or its authorized representative.
EMPLOYER:
Aztec Manufacturing Co.
By: _______________________________
Employer Representative
____________________________________ ______________________________
TRUSTEE First Nebraska Trust Company TRUSTEE
PARTICIPATING EMPLOYER:
Aztec Industries, Inc.
------------------------------------
(enter name)
By: _______________________________
PARTICIPATING EMPLOYER:
Automatic Processing, Inc.
------------------------------------
(enter name)
By: _______________________________
PARTICIPATING EMPLOYER:
The Xxxxxxx Co., Inc.
------------------------------------
(enter name)
By: _______________________________
PARTICIPATING EMPLOYER:
Gulf Coast Galvanizing, Inc.
------------------------------------
(enter name)
By: _______________________________
PARTICIPATING EMPLOYER:
Arkansas Galvanizing, Inc.
------------------------------------
(enter name)
By: _______________________________
25
PARTICIPATING EMPLOYER:
CGIT Westboro, Inc.
--------------------------------------------
(enter name)
By: _______________________________________
PARTICIPATING EMPLOYER:
International Galvanizers Partnership, Ltd.CGIT Westboro, Inc.
--------------------------------------------------------------
(enter name)
By: _______________________________________
PARTICIPATING EMPLOYER:
Drilling Rig Electrical Systems Partnership, Ltd.CGIT Westboro, Inc.
--------------------------------------------------------------------
(enter name)
By: _______________________________________
PARTICIPATING EMPLOYER:
Xxxxxxxx Industries, Inc.CGIT Westboro, Inc.
--------------------------------------------
(enter name)
By: _______________________________________
PARTICIPATING EMPLOYER:
Arizona Galvanizing, Inc.CGIT Westboro, Inc.
--------------------------------------------
(enter name)
By: _______________________________________
PARTICIPATING EMPLOYER:
Xxxxxx Galvanizing, Inc.CGIT Westboro, Inc.
-------------------------------------------
(enter name)
By: _______________________________________
PARTICIPATING EMPLOYER:
Aztec Group Company
--------------------------------------------
(enter name)
By:_________________________________________
26
PARTICIPATING EMPLOYER:
Aztec Manufacturing Partnership, Ltd.
--------------------------------------------
(enter name)
By:_________________________________________
PARTICIPATING EMPLOYER:
Aztec Manufacturing Xxxxxx Partnership, Ltd.
--------------------------------------------
(enter name)
By:_________________________________________
PARTICIPATING EMPLOYER:
Rig-A-Lit Partnership, Ltd.
---------------------------------------------
(enter name)
By:__________________________________________
The following Acceptance of MFS Heritage Trust Company will be completed if the
Bank is named as Trustee:
MFS Heritage Trust Company
By:____________________________
Authorized Officer
NOTE: MFS Heritage Trust Company will act as Trustee only
when Plan assets are invested exclusively in mutual
funds distributed by MFS Fund Distributors, Inc. If the
Trustee is another corporation or an individual, at
least 50% of Plan assets must be so invested, unless
MFS Fund Distributors, Inc. otherwise agrees in
writing.
This Plan may not be used, and shall not be deemed to be a Prototype Plan,
unless an authorized representative of MFS Fund Distributors, 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.
MFS Fund Distributors, Inc.
By:_________________________
27
With regard to any questions regarding the provisions of the Plan, adoption of
the Plan, or the effect of an opinion letter from the IRS, call or write (this
information must be completed by the sponsor of this Plan or its designated
representative):
Name Xxxx X. Xxxxxxxxx, Esq.
-------------------------------------------------
Address MFS Fund Distributors, Inc.
-------------------------------------------------
000 Xxxxxxxx Xxxxxx
-------------------------------------------------
Xxxxxx, Xxxxxxxxxxxxx 00000
-------------------------------------------------
Telephone (000) 000-0000
-------------------------------------------------
28
