401(k) SALARY REDUCTION
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NON-STANDARDIZED
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ADOPTION AGREEMENT
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IRS Serial #D359971a
Approved April 30, 1992
[LOGO]
0000 Xxxxx Xxxxxxx Xxxxxx Xxxx Xxxxx, XX 00000
Internal Revenue Service Department of the Treasury
Plan Description: Prototype Non-standardized Profit Sharing Plan with CODA
FFN: 50337598001-007 Case: 9100610 EIN: 00-0000000
GFD: 01 Plan: 007 Letter Serial No:
0359971a Washington DC 20224
LINCOLN NATIONAL LIFE INSURANCE CO Person to Contact Xx. Xxxx
Telephone Number (000) 000-0000
0000 XXXXX XXXXXXX XXXXXX
XX XXX 0000 Refer Reply to: E:EP:Q:1
FORT XXXXX IN 46801
Date 04/30/92
Dear Applicant:
In our opinion, the form of the plan identified above is acceptable under
section 401 of the Internal Revenue Code for use by employers for the benefit of
their employees. This opinion relates only to the acceptability of the form of
the plan under the Internal Revenue Code. It is not an opinion of the effect of
other Federal or local statutes.
You must furnish a copy of this letter to each employer who adopts this plan.
You are also required to send a copy of the approved Form of the plan, any
approved amendments and related documents to each Key District Director of
Internal Revenue Service in whose jurisdiction there are adopting employers.
Our opinion on the acceptability of the form of the plan is not a ruling or
determination as to whether an employer's plan qualifies under Code section
401(a). Therefore, an employer adopting the form of the plan should apply for a
determination letter by filing an application with the Key District Director of
Internal Revenue Service on Form 5307, Short Form Application for Determination
for Employee Benefit Plan.
If you, the sponsoring organization, have any questions concerning the IRS
processing of this case, please call the above telephone number. This number is
only for use of the sponsoring organization. Individual participants and/or
adopting employers with questions concerning the plan should contact the
sponsoring organization. The plan's adoption agreement must include the
sponsoring organization's address and telephone number for inquiries by adopting
employers.
If you write to the IRS regarding this plan, please provide your telephone
number and the most convenient time for us to call in case we need more
information. Whether you call or write, please refer to the Letter Serial
Number and File Folder Number shown in the heading of this letter.
You should keep this letter as a permanent record. Please notify us if you
modify or discontinue sponsorship of this plan.
Sincerely yours,
/s/ Xxxx Xxxxxx
Chief, Employee Plans Qualifications Branch
THE LINCOLN NATIONAL LIFE INSURANCE COMPANY
NON-STANDARDIZED
401(k) SALARY REDUCTION PLAN AND TRUST PROTOTYPE PLAN
ADOPTION AGREEMENT
PLAN #007
IRS SERIAL #D359971A DATE APRIL 30, 1992
The Xx Xxxxx Aircraft Holdings, Inc. oka DAH, Inc.
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(exact legal name of Employer)
(hereinafter referred to as the Employer), having its principal place of
business in El Segundo, California
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(City) (State)
hereby adopts The Lincoln National Life Insurance Company Non-Standardized
401(k) Salary Reduction Plan and Trust Prototype Plan, and further appoints as:
Trustee(s), Xxxxxx X. Xxxxxx
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Named Fiduciary*, Same
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Plan Administrator*, Same
------------------------------------------------------; and
Agent for Legal Service of Process*, Same
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* If same as Employer, write 'Same'.
The Employer's Tax Year begins January 1 and ends December 31 .
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Employer Telephone Number (000) 000-0000 .
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Business Code Number (same as shown on 1120) 3725 .
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Date Business Commenced December 15, 1989 .
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In connection herewith, the Employer makes the following statements and
selections:
This Plan shall be known as DAR Retirement Plan
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(name of Employer)
401(k) Salary Reduction Plan and
-----------------------------------
Trust which shall be identified by Employer I.D. # 00-0000000
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and Plan Serial # 001 (001, 002, etc. - assign sequentially).
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The employer maintains, or has maintained, the following qualified plans: (List
all plans, including this Plan, ever maintained by the Employer starting with
Plan Serial #001.)
Status
Plan ------
Serial # Type of Plan In Force Terminated
--------- ------------ -------- ----------
001 401(k) [X] [ ]
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002 [ ] [ ]
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003 [ ] [ ]
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004 [ ] [ ]
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005 [ ] [ ]
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This Employer is: Sole Proprietor
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Partnership
----
X Corporation
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S Corporation
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Professional Corporation
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Non Profit Corporation
[X] Yes [ ] No Is the Employer a member of a Controlled Group of
Corporations, a group of businesses under common control, or
an Affiliated Service Group as defined below. This question
must be answered "yes" or "no". If yes, complete the rest
of this section.
In the case of a group of employers which constitutes a Controlled Group of
Corporations, or an Affiliated Service Group [as defined in Sections 414(b) and
414(m), respectively, of the Internal Revenue Code], or which constitutes one or
more trades or businesses whether or not incorporated which are under common
control [as defined in Section 414(c)], all such employers shall be considered a
single employer for purposes of determining plan qualification, minimum
participation, benefit accrual, vesting standards, and limitations on benefits
and contributions. The employers listed below are required to be aggregated
with the adopting employer under Code Sections 414(b), (c), (m) or (o), and
shall participate in this Plan to the extent indicated as evidenced by written
resolution adopting this Plan. (If there are no affiliated employers, indicate
None.)
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Employer Employer Participating Participation
Name I.D. # Employer Effective Date
-------- -------- ------------- --------------
Tri-Star Electronics
International, Inc. 00-0000000 [X] Yes [ ] No
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Xxxx Xxxxxxxxxx 00-0000000 [X] Yes [ ] No
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Xxxxxxxxxxx International 00-0000000 [X] Yes [ ] No
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If this Plan and Trust is adopted by more than one member of the aggregation
group, this Plan
[X] (a) shall be administered as one plan (i.e., contributions, and
forfeitures shall not be separated for each participating Employer).
[ ] (b) shall be administered as a single employer plan for each participating
Employer [i.e., contributions shall be made by each Employer only for
those Participants employed by such Employer and forfeitures shall be
used to reduce the contribution made by the applicable Employer - each
asset pool shall be considered a separate plan which must
independently satisfy Code Section 401(a) (26)].
[ ] (c) N/A
2
Any Employee of a participating Employer must receive credit for service while
employed by any member of the aggregation group (including non-participating
employers) for purposes of vesting and eligibility under this Plan from the date
such Employer became a member of the aggregation group.
A-1.22 The adoption of this Plan constitutes: (check appropriate statement
and provide information)
[ ] (a) The initial adoption of this Plan and Trust by the
Employer. The Effective Date of this Plan is
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-----------------------------------------.
(month/day/year)
[X] (b) An [X] amendment and restatement, or [ ] merger of the
following Plan(s) known as DAH Retirement Plan ,
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(name of Plans and Trusts)
with the original effective date(s) of
January 1, 1993
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(month/day/year)
The effective date of this amendment and restatement is
January 1, 1996
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(month/day/year)
I. DEFINITIONS
A-1.38 Hours of Service: Hours of Service shall be determined on the
basis of the method selected below. The method selected shall be
applied to all Employees. If the Elapsed Time Method is selected
in A-1.74, Hours of Service as designated below shall be
applicable for eligibility purposes only. (Select one)
[X] (a) 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 shall be
credited with ten (10) Hours of Service if, under
Section 1.38 of the Plan, such Employee would be
credited with at least one (1) Hour of Service during
such day.
[ ] (c) On the basis of weeks worked. An Employee shall be
credited with 45 Hours of Service if, under Section
1.38 of the Plan, such Employee would be credited with
at least one (1) Hour of Service during such week.
3
[ ] (d) On the basis of semi-monthly payroll periods. An Employee
shall be credited with 95 Hours of Service if, under Section
1.38 of the Plan, such Employee would be credited with at
least one (1) Hour of Service during such semi-monthly
period.
[ ] (e) On the basis of months worked. An Employee shall be
credited with 190 Hours of Service if under Section 1.38 of
the Plan such Employee would be credited with at least one
(1) Hour of Service during such month.
A-1.54 Plan Year: (Select one and complete)
[X] (a) Shall be the consecutive 12 month period for which records
for this Plan shall be maintained beginning each
January 1 and ending each December 31.
[ ] (b) There shall be a short Plan Year beginning and
ending . (The Plan must retain its qualified
status during this period.)
All subsequent Plan Years shall begin each and
end each .
The previous Plan Year prior to this amendment began
and ended each .
Adjustments for eligibility and vesting shall be made as
required by Section 11.04 if the Plan Year is changed.
A-1.55 For purposes of establishing Present Value to compute the Top-Heavy
Ratio, any benefit (under a Defined Benefit Plan) shall be discounted
for mortality and interest based on the following: (If the Employer
maintains a Defined Benefit plan, this section must be completed.)
Interest Rate % Mortality Table
[X] N/A The Employer has no Defined Benefit plan.
A-1.64 Years of Service with predecessor employer:
Years of Service with , for whom
this Employer does not maintain a predecessor plan shall be considered
under the Plan for purposes of: (select as desired)
[ ] (a) Vesting
[ ] (b) Eligibility
[X] (c) None of the above
A-1.71 For purposes of computing the Top-Heavy Ratio, the Valuation Date
shall be 12-31 of each year.
4
A-1.73 Vesting Years of Service: Years of Service credited for vesting shall
exclude the years checked below subject to Section 11.03: (select as
desired)
[ ] (a) Years of Service before the Employee's (cannot exceed
18) birthday. (If Regular Method is used, the Plan Year in
which the Employee attains age 18 shall not be excluded.)
[ ] (b) Years of Service prior to the original Effective Date of
this Plan or a predecessor plan.
[ ] (c) Years of Service prior to . (Date selected
may not be later than the original effective date of this
Plan or a predecessor plan.)
[ ] (d) Years of Service during a period for which the Employee
declined to contribute to a plan requiring Employee
Contributions. In the case of a plan using the elapsed time
method, the Service which shall be disregarded is the period
with respect to which the mandatory contribution is not
made.
[X] (e) No exclusions.
Note: In general, a predecessor plan is a plan which terminates
within the five (5) year period immediately preceding or
following the establishment of this Plan.
A-1.74 Years of Service shall be computed under the following method:
(select one)
[X] (a) Regular Method--based on Hours of Service credited under the
method selected in A-1.38.
[ ] (b) Elapsed Time Method--based on total time an Employee is
employed without regard to actual hours credited as
explained in Section 1.74 of this Plan.
II. ELIGIBILITY
A-2.01 (a) For purposes of plan coverage and benefits, employees of
affiliated employers required to be aggregated with the Employer
under Section 414(b), (c), (m) or (o) of the Code shall NOT be
treated as Employees of the Employer unless such affiliated
employers are identified as Participating Employers on page 2 of
this Adoption Agreement.
For purposes of plan coverage and benefits, the term "Employee"
[ ] (1) shall include
[X] (2) shall not include
[ ] (3) N/A (Employer has no "leased employees.")
"leased employees" who are required to be considered employees
of the Employer under Code Section 414(n) or (o).
5
(b) The following classes of Employees of the Employer shall be
eligible to participate in the Plan:
[X] (1) All Employees
[ ] (2) Hourly paid Employees
[ ] (3) Salaried Employees
[ ] (4) All Employees except Employees included in a unit of
Employees covered by a collective bargaining
agreement between the Employer and Employee
representatives, if retirement benefits were the
subject of good faith bargaining and if two percent
or less of the Employees of the Employer who are
covered pursuant to that agreement are professionals
as defined in Section 1.410(b)-9(g) of the
Regulations. 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) Other
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The above classes of Employees
[ ] (6) shall
[X] (7) shall not
include Employees who are non-resident aliens
[within the meaning of Section 7701(b)(1)(B)] and who receive
no earned income (within the meaning of Section 911(d)(2)] from
the Employer which constitutes income from sources within the
United States (within the meaning of Section 861(a)(3)].
(c) Minimum age and service requirements: (select one)
[X] (1) An Employee shall become a Participant on the Entry
Date coincident with or next following Age 21 (cannot
exceed 21) and the completion of 3 MOS. (cannot
exceed 1 year) Eligibility Year of Service. MUST HAVE
AT LEAST 2 ENTRY DATES, I.E., CANNOT ELECT (e)(1)
BELOW.
If the Eligibility Year of Service includes a
fractional year, an Employee shall not be required to
complete any specified number of Hours of Service to
receive credit for such fractional year.
[X] (2) An Employee shall become a Participant on the Entry
Date coincident with or next following Age _____ (cannot
exceed 20 1/2) and the completion of _____ [cannot
exceed 1/2 year (6 months)] Eligibility Year of
Service. USE THIS PROVISION ONLY WHEN (e)(1) (ONE
ENTRY DATE) IS ELECTED BELOW.
6
If the Eligibility Year of Service includes a
fractional year, an Employee shall not be required to
complete any specified number of Hours of Service to
receive credit for such fractional year.
(d) The preceding election in A-2.01(o) notwithstanding, Employees
who are actively employed on shall be deemed to
have satisfied the
[ ] (1) Age requirement as of the Effective Date.
[ ] (2) Service requirement as of the Effective Date.
[ ] (3) Age and service requirements as of the Effective Date.
[X] (4) N/A (Age and Service requirements in A-2.01(c) apply
to all Employees.)
(e) Entry Date: Shall mean: (select one)
[ ] (1) First day of Plan Year.
[X] (2) First day of Plan Year and the date 6 months after the
first day of the Plan Year.
[ ] (3) The first day of the Plan Year and the dates which
are 3, 6 and 9 months after the first day of the
Plan Year. (Not Recommended)
[ ] (4) First day of each month. (Not recommended.)
III. PROFIT SHARING CONTRIBUTIONS AND ALLOCATIONS
A-3.01 Contributions
(a) The Employer shall contribute [select (1), (2) or (3)]
[ ] (1) out of current or accumulated profits.
[X] (2) without regard to current or accumulated profits.
[ ] (3) N/A [A-3.01(a)(6) is elected]
The amount of such contribution shall be: [select (4),(5) or (6)]
[X] (4) As determined by the Board of Directors each year.
[ ] (5) Other
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[ ] (6) The Employer will make no contribution under this
Section A-3.01(a). [Do not complete Sections
A-3.01(b), (d) and (e). Section A-3.01(c) must still
be completed.]
7
(b) Allocation of contributions under A-3.01(a), above, shall be made
for all Participants who are credited with at least [select (1),
(2), or (3)]
[X] (1) 1,000 Hours of Service
[ ] (2) 500 Hours of Service
[ ] (3) one Hour of Service
during the Plan Year and [select (4) or (5)]
[ ] (4) regardless of employment on the last day of the Plan
Year.
[X] (5) who is employed with the Employer on the last day of
the Plan Year.
The preceding notwithstanding, for Plan Years beginning after
December 31, 1989, if the Plan would otherwise fail to satisfy
the requirements of Code Sections 401(a)(26) or 410(b) because
the Employer contributions have not been allocated to a
sufficient number of percentage of Participants for a Plan Year,
then the following rules shall apply:
(6) The group of Participants eligible to share in the
Employer's contribution shall be expanded to include
all Participants who are employed on the last day of
the Plan Year and who are credited with at least 500
Hours of Service.
(7) If after the application of paragraph (6) above, the
applicable test is still not satisfied, then the group
of Participants eligible to share in the Employer's
contribution shall be further expanded to include all
Participants who are credited with at least 500 Hours
of Service regardless of employment on the last day of
the Plan year.
Note: Employer includes all employers who are required to
be aggregated with the Employer under Code Sections
414(b), (c), (m) or (o)
(c) If a participant dies, retires, or becomes disabled during the
Plan Year and does not complete the hours requirement for a
contribution, an allocation
[X] (1) shall not be made on such Participant's behalf for
such Plan Year.
[ ] (2) shall be made on such Participant's behalf for such
Plan Year regardless of any last day requirement
elected under A-301(b)(5).
Note: The above election applies to Profit Sharing
Contributions under Section A-3.01(a), Matching
Contributions under A-4.02 and Qualified Non-elective
Contributions under A-4.03.
8
(d) Employer contributions under this Section and forfeitures, if
applicable, shall be allocated to Participant's Accounts as
follows:
[X] (1) NON-INTEGRATED FORMULA
On a pro-rata basis to all Participants in the
proportion that a Participant's Compensation bears to
the total of all Participant's Compensation.
[ ] (2) INTEGRATED FORMULA (INTEGRATED WITH SOCIAL SECURITY)
Note: This Plan may not provide for permitted
disparity (integration with Social Security) if the
Employer maintains any other plan that provides for
permitted disparity and benefits any of the same
Participants.
STEP ONE: In any Plan Year the Plan is Top-Heavy
contributions and forfeitures (if applicable) shall be
allocated to all Participants in the ratio that each
Participant's Compensation bears to all Participant's
Compensation, but not in excess of 3% of such
compensation.
(If the plan is not top-heavy, proceed to step two.)
STEP TWO: Any contributions and forfeitures not
allocated in STEP ONE shall be allocated to each
Participant's Account in the ratio that the sum of each
Participant's total Compensation plus Compensation in
excess of the integration level bears to the sum of all
Participants total Compensation plus Compensation in
excess of the integration level, but not in excess of
the maximum disparity rate.
STEP THREE: Any remaining Employer contributions or
forfeitures shall be allocated to each Participant's
Account in the ratio that each Participant's total
Compensation for the Plan Year bears to all
Participants' total Compensation for that year.
For the purpose of this Section, Compensation shall
mean Compensation as defined in Section 1.13 of the
Plan.
The integration level shall be:
[ ] (i) The Taxable Wage Base [The maximum amount of
earnings which may be considered wages for a
year under Section 3121(a)(1) of the Code in
effect as of the first day of the Plan Year.]
[ ] (ii) $____________(Must be less than the Taxable
Wage Base.)
9
The maximum profit sharing disparity rate is equal to
the lesser of:
(a) 5.7%, or
(b) The applicable percentage determined in accordance
with the table below:
If the integration level:
Is more But not more The applicable
than than percentage is
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$0.00 $X* 5.7%
X* 80% of TWB*** 4.3%
80% of TWB*** Y** 5.4%
* X = the greater of $10,000 or 20% of the
TWB.
** Y = any amount more than 80% of the TWB but
less than 100% of the TWB.
***TWB = Taxable Wage Base at the beginning of the
Plan Year. The TWB for 1989 is $48,000.
The TWB for 1990 is $51,300.
(e) Is any Employee who is eligible to participate under this Plan
covered by any other plan [including plans of non-participating
employers required to be aggregated under Section 414(b), (c),
(m) or (o) of the Code] which is integrated with Social Security?
[X] (1) No
[ ] (2) Yes [may not elect A-3.01(d)(2)]
A-3.03 (a) Rollover contributions:
[ ] (1) shall not be permitted under this Plan.
[X] (2) shall be permitted under this Plan.
(b) Rollover contributions shall be accepted from:
[ ] (1) Participants only.
[X] (2) Participants and non-Participants (otherwise eligible
Employee who have not yet satisfied the age and/or service
requirements for participation).
A-3.07 ALLOCATION OF EARNINGS shall be based on the Account balance as of the
beginning of the allocation period plus 1/2 of the contribution
allocated at the end of the allocation period, less all withdrawals,
plus investment transfers in, and less investment transfers out,
unless otherwise specified.
This plan utilizes daily accounting.
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10
A-3.08 ALL FORFEITURES occurring at the end of Plan Year: (select one)
[X] (a) shall be used to reduce the Employer's contribution for the
current Plan Year. If the Employer does not make a
contribution for a Plan Year, any available forfeitures
shall be treated as Employer Contributions.
[ ] (b) shall be allocated in the same manner as Employer
contributions under Section 3.01 for the current Plan Year.
However, forfeitures shall not be allocated to Participants
who are not employed on the last day of the Plan Year unless
such allocation is required to satisfy the requirements of
Code Sections 401(a) (26) and/or 410(b). (Do not elect if no
Profit Sharing contribution is specified in A-3.01).
IV. CASH OR DEFERRED ARRANGEMENT (CODA)
A-4.01 ELECTIVE DEFERRALS
(a) An eligible Employee may elect to have his or her annual
Compensation reduced by
[X] (1) from 1 % to 20 %
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[ ] (2)
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(Specify)
Such election shall be in writing and in a form and manner
specified by the Plan Administrator.
(b) A participant may elect to commence, or to modify the amount of,
Elective Deferrals as of:
[ ] (1) the first day of each Plan Year.
[X] (2) the first day of each Plan Year and the date 6
months after the first day of each Plan Year.
[ ] (3) the first day of each Plan Year quarter.
The Plan Administrator may permit an additional election in the
event an Actual Deferral Percentage Test, performed during the
Plan Year, permits or requires an adjustment in the deferral
percentages.
A-4.02 MATCHING CONTRIBUTIONS
(a) The Employer [select (1) or (2)]
[X] (1) shall
[ ] (2) shall not
make Matching Contributions to the Plan on behalf of all
Participants who elect to have Elective Deferrals made under the
Plan and who are credited with at least [select (3), (4) or (5)]
[X] (3) 1,000 Hours of Service
11
[ ] (4) 500 Hours of Service
[ ] (5) one Hour of Service
during the Plan Year and [select (6) or (7)]
[ ] (6) regardless of employment on the last day of the Plan
Year.
[X] (7) who is employed with the Employer on the last day of
the Plan Year.
The preceding notwithstanding, for Plan Years beginning after
December 31, 1989, if the Plan would otherwise fail to satisfy
the requirements of Code Section 401(a)(26) or 410(b) because the
Employer contributions have not been allocated to a sufficient
number or percentage of Participants for a Plan Year, then the
following rules shall apply:
(1) The group of Participants eligible to share in the
Employer's contribution shall be expanded to include
all Participants who are employed on the last day of
the Plan Year and who are credited with at least 500
Hours of Service.
(2) If after the application of paragraph (1) above, the
applicable test is still not satisfied, then the group
of Participants eligible to share in the Employer's
contribution shall be further expanded to include all
Participants who are credited with at least 500 Hours
of Service regardless of employment on the last day of
the Plan year.
Note: Employer includes all employers which are required to
be aggregated with the Employer under Code Sections
414(b), (c), (m) or (o).
(b) The employer shall contribute and allocate to each Participant's
Matching Contribution Account:
[ ] (1) an amount equal to ___________ percent of the
Participant's Elective Deferrals.
[X] (2) a discretionary matching contribution equal to a
percentage (to be determined each year by the Employer)
of each Participant's Elective Deferrals.
(c) The Employer shall not match Elective Deferrals in excess of
6.0 percent of a Participant's
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[ ] (1) compensation per pay period.
[X] (2) annual compensation.
(d) The Matching Contribution allocated to any Participant's account
for the Plan Year shall not exceed
[ ] (1) $
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[X] (2) N/A
12
(e) Matching Contributions shall be vested in accordance with the
following schedule:
[ ] (1) 100% vested at all times.
[X] (2) The vesting schedule as elected in A-11.02 of the
Adoption Agreement.
(f) Matching contributions shall be made
[ ] (1) only from current or accumulated profits.
[X] (2) without regard to current or accumulated profits.
A-4.03 (a) Qualified Non-elective Contributions shall be allocated to the
accounts of Non-highly Compensated Participants who are credited
with at least [select (1), (2) or (3)]
[X] (1) 1,000 Hours of Service
[ ] (2) 500 Hours of Service
[ ] (3) one Hour of Service
during the Plan Year and [select (4) or (5)]
[ ] (4) regardless of employment on the last day of
the Plan Year.
[X] (5) who is employed with the Employer on the last day of
the Plan Year.
The preceding notwithstanding, for Plan Years beginning after
December 31, 1989, if the Plan would otherwise fail to satisfy
the requirements of Code Sections 401(a)(26) or 410(b) because
the Employer contributions have not been allocated to a
sufficient number or percentage of Participants for a Plan Year,
then the following rules shall apply:
(1) The group of Participants eligible to share in the
Employer's contribution shall be expanded to include
all Participants who are employed on the last day of
the Plan Year and who are credited with at least 500
Hours of Service.
(2) If after the application of paragraph (1) above, the
applicable test is still not satisfied, then the group
of Participants eligible to share in the Employer's
contribution shall be further expanded to include all
Participants who are credited with at least 500 Hours
of Service regardless of employment on the last day of
the Plan year.
Note: Employer includes all employers required to be
aggregated with the Employer under Code Sections
414(b), (c), (m) or (o).
13
A-4.13 Pre-retirement distributions of a Participant's entire Account
balance, including Elective Deferrals and Qualified Non-elective
Contributions, upon attainment of age 59 1/2 (may not be less than 59
1/2)
[X] (a) shall
[ ] (b) shall not
be permitted provided the Participant is 100% vested, and the balance
in the Participant's Account has accumulated for at least two (2)
years or the Participant has completed five (5) years of participation
in the Plan.
A-4.14 Distributions on account of financial hardship
[X] (a) shall
[ ] (b) shall not
be permitted to the extent provided in Section 4.14, and subject to
applicable regulations.
Distributions on account of financial hardship shall be made only
from:
[X] (c) Elective Deferrals (and any earnings credited to a
Participant's Elective Deferral account as of the end of the
last Plan Year ending before July 1, 1989.) The amount
available for distribution shall include the amount credited
to the Participant's Qualified Matching Contribution and
Qualified Non-elective Contribution accounts as of the end
of the last Plan Year ending before July 1, 1989.
[X] (d) Account balances which are not subject to the withdrawal
restrictions of Section 4.13 provided the Participant is
100% vested, and the funds have accumulated for at least two
(2) years or the Participant has completed five (5) years of
participation in the Plan.
Note: Hardship withdrawal provisions for funds described in (d)
above, are protected benefits under Code Section 411(d)(6).
If the conditions described in Section 4.14 are more
restrictive than those in effect immediately prior to the
adoption of this Plan, the prior conditions shall continue
to apply to all such funds including those which have
accrued after the date this Plan is adopted, and the
Employer should attach to this Adoption Agreement a hardship
withdrawal policy statement fully describing the objective
and nondiscriminatory conditions applicable to such
withdrawals.
14
V. LIMITATIONS ON ALLOCATIONS
If the Employer maintains or ever maintained another qualified plan in which any
Participant in this Plan is (or was) a Participant or could become a
Participant, the Employer must complete this Section. The Employer must also
complete this Section if it maintains a welfare benefit fund, as defined in
Section 419(e) of the Code, or an individual medical account, as defined in
Section 415(l)(2) of the Code, under which amounts are treated as Annual
Additions with respect to any Participant in this Plan.
A-5.11 If the Participant is covered under another qualified Defined
Contribution plan maintained by the Employer, other than a Master or
Prototype plan:
[ ] (a) The provisions of Sections 5.05 through 5.10 of Article V
shall apply as if the other plan were a Master or Prototype
plan.
[ ] (b) Provide the method under which the plans shall limit total
Annual Additions to the Maximum Permissible Amount, and
shall properly reduce any excess amounts, in a manner that
precludes Employer discretion.
----------------------------------------------------------
----------------------------------------------------------
----------------------------------------------------------
----------------------------------------------------------
[X] (c) N/A The Employer maintains no other plan which provides an
Annual Addition as defined under Section 5.13(a).
A-5.12 If the participant is or has ever been a participant in a Defined
Benefit plan maintained by the Employer:
[ ] (a) The Annual Additions which may be credited to the
Participant's Account under this Plan shall not be limited
other than by the Maximum Permissible Amount as defined in
Section 5.13(k). If the sum of the Defined Benefit Fraction
and the Defined Contribution Fraction would otherwise exceed
1.0, such sum shall be reduced to not exceed 1.0 by
adjusting the Participant's Projected Annual Benefit under
the Defined Benefit plan.
[ ] (b) Provide language which shall satisfy the 1.0 limitation of
Section 415(e) of the Code. Such language must preclude
Employer discretion.
----------------------------------------------------------
----------------------------------------------------------
----------------------------------------------------------
----------------------------------------------------------
[X] (c) N/A The Employer does not and has never maintained a Defined
Benefit plan.
15
VI. INVESTMENT OF CONTRIBUTIONS
A-6.02 Life Insurance: The Trustee may, at the direction of the Participant
and subject to the requirements of Section 6.02, use a portion of each
contribution to purchase life insurance.
[ ] (a) Yes, subject to the guidelines outlined below, if any.
----------------------------------------------------------
----------------------------------------------------------
----------------------------------------------------------
[X] (b) No
A-6.03 Participants may direct the Trustee as to the investment of their
individual Account balances which are attributable to: (check all
which apply)
[ ] (a) Elective Deferrals
[ ] (b) Employer Matching Contributions
[ ] (c) Rollovers
[X] (d) All contributions regardless of source
[ ] (e) None of the above--Participants may not direct the
investment of their accounts
A-6.05 Participant Loans
[X} (a) shall be permitted in accordance with the Employer's written
loan policy.
[ ] (b) shall not be permitted.
VIII. BENEFITS
A-8.01 Normal Retirement Date: (select one)
[X] (a) The later of the first day of the month (select one)
[ ] nearest
[X] on or following
a Participant's 65th (cannot be less than 55) birthday
or the first day of the month on or following the 5th
(1st - 7th or N/A) anniversary in which (select one)
[ ] participation commenced
[X] the Employee first performed an Hour of Service
but in no event later than the first day of the month
on or following a Participant's N/A birthday.
16
[ ] (b) The later of the first day of the Plan Year nearest a
Participant's _________________ (cannot be less than 55)
birthday, or the first day of the Plan Year nearest the
________________ (1st-7th or N/A) anniversary in which
(select one)
[ ] participation commenced
[ ] the Employee first performed an Hour of Service
but in no event later than the first day of the Plan Year
nearest a Participant's _____________________ birthday.
A-8.02 (a) Early Retirement Date: Shall mean: (select one)
[ ] (1) None--no Early Retirement Date.
[X] (2) First day of any [X] month [ ] Plan Year on or
following a Participant's 55th (cannot be less than 55)
birthday or after 57 (1-7 or N/A) [X] Vesting Years of
Service [ ] years of participation in the Plan,
whichever date is later.
(b) Early Retirement Benefit: Upon satisfaction of the age and
service requirements for Early Retirement, a Participant shall:
(select one)
[ ] (1) automatically become 100% vested in the Account.
[X] (2) be entitled to the vested Account based on the vesting
schedule designated in the Adoption Agreement.
A-8.04 Disability Retirement Benefit:
(a) In the event of total and permanent disability, a Participant
shall: (select one)
[ ] (1) automatically become 100% vested in the Account.
[ ] (2) be entitled to the vested Account based on the vesting
schedule designated in the Adoption Agreement.
(b) Disability shall mean a physical or mental impairment which is
expected to result in death or blindness or which can be expected
to last for a continuous period of not less than 12 months
resulting in: (select one)
[X] (1) an inability to engage in any substantial gainful
activity for which the Participant is reasonably suited
by reason of training, education and experience as
determined by the Plan Administrator. The Plan
Administrator may require that the Participant be
examined by physician(s) selected by the Plan
Administrator.
[ ] (2) the Participant being entitled to Social Security
Disability Benefits. In the event a Participant has
applied for Social Security Disability Benefits, the
disability benefits provided by this Plan shall
commence upon qualifying for Social Security Disability
Benefits.
17
[ ] (3) an inability to perform the normal duties for the
Employer as determined by the Plan Administrator. The
Plan Administrator may require that the Participant be
examined by physician(s) selected by the Plan
Administrator.
A-8.09 Benefits shall be distributed:
[ ] (a) only in the form of a single lump-sum payment. (May not
elect if other forms were available immediately preceding
the adoption of this Plan.)
[X] (b) in accordance with the provisions of Section 8.08.
XI. TERMINATION OF SERVICE
A-11.02 The vesting schedule for benefits (derived from the Employer's
contributions pursuant to Article III) upon termination of employment
shall be determined according to the selection based on Vesting Years
of Service as credited in accordance with A-1.73: (select one)
[ ] (a) 100% vested at all times
[ ] (b) 100% vested after ______ (not to exceed 5) years of service.
[ ] (c) 20% vested after 2 years of service
40% vested after 3 years of service
60% vested after 4 years of service
80% vested after 5 years of service
100% vested after 6 years of service
[ ] (d) 20% vested after 3 years of service
40% vested after 4 years of service
60% vested after 5 years of service
80% vested after 6 years of service
100% vested after 7 years of service
[X] (e) Specify: (Must in all years be as favorable as the schedule
in (b) above, or as favorable as the schedule in (d) above.)
20 % vested after 1 years of service
---- ---
40 % vested after 2 years of service
---- ---
60 % vested after 3 years of service
---- ---
80 % vested after 4 years of service
---- ---
100 % vested after 5 years of service
---- ---
% vested after years of service
---- ---
% vested after years of service
---- ---
Note: If this is a restated plan and the vesting schedule has been
amended, enter the pre-amended schedule below:
[X] (f) 20 % vested after 3 years of service
---- ---
40 % vested after 4 years of service
---- ---
60 % vested after 5 years of service
---- ---
80 % vested after 6 years of service
---- ---
100 % vested after 7 years of service
---- ---
% vested after years of service
---- ---
% vested after years of service
---- ---
[ ] (g) Vesting schedule has not been amended.
18
A-11.05 Distributions upon termination of Service shall be made as soon as
administratively feasible following:
[X] (a) Termination of employment.
[ ] (b) The end of the Plan Year following termination of
employment.
[ ] (c) The end of the Plan Year during which a One-Year Break in
Service occurs.
[ ] (d) Early or Normal Retirement Date, Death, or Disability.
Note: May not be more restrictive than the provision in effect
immediately preceding the adoption of this Plan.
A-11.09 Benefits which are no longer immediately distributable
[ ] (a) shall not be distributed without the consent of the
Participant and/or Beneficiary prior to the time required by
Article X.
[X] (b) shall, subject to the requirements of Article IX, be
distributed as soon as administratively feasible following
the date on which they cease to be immediately
distributable.
Note: An Account balance is immediately distributable if any
part of the Account balance could be distributed to the
Participant (or Surviving Spouse) before the Participant
attains (or would have attained if not deceased) the later
of Normal Retirement Age or age 62.
XV. TOP-HEAVY
Before completing this Section of the Adoption Agreement, the Employer should
carefully read Article XV of the Basic Plan Document paying particular attention
to Sections 15.03 thru 15.05.
A-15.02 Minimum Top-heavy Allocations: The purpose of this Section A-15.02 is
to coordinate Top-Heavy minimum contributions or benefits when two or
more plans of the Employer are involved. If the Employer maintains
only this plan, and has never maintained a Defined Benefit plan, the
Employer is required to complete only Section (d). If the Employer
maintains (or has maintained) a Defined Benefit plan, this Section
should be completed only with the advice of that plan's actuary. If
the Employer maintains two Defined Contribution plans, and has never
maintained a Defined Benefit plan, the Employer is required to
complete only Sections (c) or (d).
(a) If the Employer maintains a Defined Benefit plan, this Section or
--------- - ------- ------- ----
Section (d) below must be completed.
If a non-key Employee participates in both a Defined Benefit plan
and a Defined Contribution plan which are part of a Required
Aggregation Group or a Permissive Aggregation Group and the
Top-Heavy Ratio exceeds 60% (but does not exceed 90%), Top-Heavy
minimum benefits shall be provided as follows:
19
[ ] (1) In the Defined Contribution Plan, with a minimum
allocation of:
[ ] (i) 5% of total compensation (Defined Benefit
and Defined Contribution Fractions
computed using 100% of the dollar
limitation)
[ ] (ii) 7.5% of total compensation (Defined Benefit
and Defined Contribution Fractions
computed using 125% of the dollar
limitation)
[ ] (2) In the Defined Benefit Plan, with a minimum annual
accrual of:
[ ] (i) 2% of the highest 5 consecutive year
average compensation (Defined Benefit
and Defined Contribution fractions
computed using 100% of the dollar
limitation)
[ ] (ii) 3% of the highest 5 consecutive year
average compensation (Defined Benefit
and Defined Contribution Fractions
computed using 125% of the dollar
limitation)
If the Top-Heavy Ratio exceeds 90%, the minimum benefit shall be
provided in:
[ ] (3) the Defined Contribution plan with a minimum allocation
of 5% of total compensation.
[ ] (4) the Defined Benefit plan with a minimum accrual of 2%
of the highest 5 consecutive year average compensation
Note: When the Top-Heavy Ratio exceeds 90%, the Defined
Benefit and Defined Contribution Fractions shall be
computed using 100% of the dollar limitation.
(b) If the Employer maintains (or has maintained) a Defined Benefit
--------- -- --- ---------- - ------- -------
plan, this Section or Section (d) below must be completed.
If the Employer maintains both a Defined Benefit plan and a
Defined Contribution plan which are part of a Required
Aggregation Group or a Permissive Aggregation Group and the
Top-Heavy Ratio exceeds 60% (but does not exceed 90%), a non-key
Employee who participates only in the Defined Contribution plan
shall receive a minimum allocation of:
[ ] (1) 3% of total compensation (Defined Benefit and Defined
Contribution Fractions computed using 100% of the
dollar limitation)
[ ] (2) 4% of total compensation (Defined Benefit and Defined
Contribution Fractions computed using 125% of the
dollar limitation)
If the Top-Heavy Ratio exceeds 90% each non-key Employee who
participates only in the Defined Contribution plan shall receive
20
a minimum allocation of 3% of total compensation.
(c) If the Employer maintains two Defined Contribution plans, this
--------- --- ------- ------------
Section or Section (d) below must be completed.
If a non-key Employee participates in two Defined Contribution
plans maintained by the Employer, the Defined Contribution
minimum allocation requirement shall be met
[ ] (1) in this plan.
[ ] (2) in the other plan.
----------------------------------
(Name of Plan)
(d) Complete this Section only if (a), (b) and/or (c) have not been
-------- ---- ------- ---- -- --- --- ------ --- ---- --- ----
completed.
---------
[ ] (1) Specify how the plans shall provide Top-Heavy minimum
benefits for non-key Employees precluding Employer
discretion and avoiding inadvertent omissions.
------------------------------------------------------
------------------------------------------------------
------------------------------------------------------
[X] (2) The Employer maintains only this Plan and has never
maintained a Defined Benefit Plan.
A-15.06 TOP HEAVY VESTING...If this Plan becomes a Top-Heavy Plan, the
following vesting schedule for such Plan Year and each succeeding Plan
Year, whether or not Top-Heavy, shall be effective and shall be
treated as a Plan amendment pursuant to this Agreement.
[ ] (a) 100% vested after (not to exceed 3) years of service.
-------
[ ] (b) 20% vested after 2 years of service
40% vested after 3 years of service
60% vested after 4 years of service
80% vested after 5 years of service
100% vested after 6 years of service
[ ] (c) Specify: (Must in all years be as favorable as the schedule
in (a) above, or as favorable as the schedule in (b) above.)
% vested after years of service
------ -----
% vested after years of service
------ -----
% vested after years of service
------ -----
% vested after years of service
------ -----
% vested after years of service
------ -----
% vested after years of service
------ -----
[X] (d) N/A, Vesting schedule in A-11.02 is equal to or more
favorable than (a) or (b) above.
However, 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 shall be
determined without regard to this section.
21
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 Section 401 of the Internal Revenue Code. 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 not be used only in conjunction with basic plan
document #01.
Provided the adoption of this Plan is properly registered with the Prototype
Sponsor, the Prototype Sponsor shall inform the adopting Employer of any
amendments made to the Plan or of the discontinuance or abandonment of the
Plan. The adoption of the Plan is not properly registered unless the attached
registration form along with the applicable registration fee is returned to:
Lincoln National Life Insurance Company
0000 Xxxxx Xxxxxxx Xxxxxx
P.O. Box #2248
Ft. Xxxxx, IN 46801-2248
Inquiries by adopting Employers regarding the adoption of this Plan, the
intended meaning of any Plan provisions, or the effect of the Opinion Letter may
be directed to the Prototype Sponsor at the above address or phone
(000) 000-0000.
22
Use of this Plan Document without proper registration and payment of the
applicable registration fee constitutes an unauthorized use.
The Employer represents that it has consulted with its attorney with respect to
its adoption of this Plan, and agrees to the provisions of the Plan and Trust.
IN WITNESS HEREOF, the Employer has caused this Agreement to be signed by its
duly authorized Officer and the Trustee(s) have accepted the appointment and
signed this Agreement.
Xx Xxxxx Aircraft Holdings, Inc. oka
---------------------------------
(Legal Name of Employer) DAH, Inc.
BY:
/s/ Xxxxxx X. Xxxxxx
---------------------------------
(Signature of Officer)
3-29-96 Xxxxxx X. Xxxxxx, CFO
----------------------------------- ---------------------------------
(Date) (Typed or Printed Name
and Title of Officer)
Accepted By:
----------------------------------- ---------------------------------
(Date) (Signature of Trustee) Xxxxxx X. Xxxxxx
----------------------------------- ---------------------------------
(Date) (Signature of Trustee)
----------------------------------- ---------------------------------
(Date) (Signature of Trustee)
Participating Employer Authorized Signature Date
---------------------- -------------------- ----
Tri-Star Electronics, Int'l, Inc. /s/ Xxxxxx X. Xxxxxx 3/29/96
------------------------------- ------------------------ ---------------
Xxxx Xxxxxxxxxx /s/ Xxxxxx X. Xxxxxx 3/29/96
------------------------------- ------------------------ ---------------
Xxxxxxxxxxx, Int'l. /s/ Xxxxxx X. Xxxxxx 3/29/96
------------------------------- ------------------------ ---------------
------------------------------- ------------------------ ---------------
Failure to properly complete this Adoption Agreement may result in
disqualification of the Plan.
23
REGISTRATION
OF
THE LINCOLN NATIONAL LIFE INSURANCE COMPANY
NON-STANDARDIZED
401(k) SALARY REDUCTION PLAN AND TRUST PROTOTYPE PLAN
PLAN #007 IRS SERIAL #D359971a
Adopting Employer: Xx Xxxxx Aircraft Holdings, Inc. oka DAH, Inc.
------------------------------------------------------------
Address: 0000 Xxxxxxxxx Xxxxxx
------------------------------------------------------------
El Sequndo, CA 90245
------------------------------------------------------------
------------------------------------------------------------
Telephone: (000) 000-0000 FAX (000) 000-0000
---------------------
List all investment contract and plan numbers assigned by Xxxxxxx, if any:
GSA #52212 PL-45374
--------------------------------------------------------------------------------
The Adopting Employer agrees to provide Xxxxxxx with any changes to its current
mailing address and to give Xxxxxxx written notification of any plan amendment
(as outlined in Section 12.02 of the Defined Contribution Prototype Plan Basic
Plan #01), restatement or termination.
In consideration of the above, and of the registration fee of $150, Xxxxxxx
agrees to:
*provide the Adopting Employer with a copy of the current Defined
Contribution Prototype Plan Basic Plan #01 and Adoption Agreement; and
*advise the Adopting Employer of any amendments made to the Prototype
Plan; and
*inform the Adopting Employer of any changes in the Prototype Plan's
qualified status; and
*inform the Adopting Employer of any discontinuance or abandonment of
the Prototype Plan.
This registration does not effect the rights and obligations of Lincoln or the
Adopting Employer under any other arrangement, including (but not limited to)
Xxxxxxx's right to charge an additional fee for providing an updated Prototype
Plan and/or Adoption Agreement.
Continued reliance by the Adopting Employer upon the Prototype Plan's favorable
Opinion Letter from the IRS is dependant upon the Adopting Employer adopting the
current version of the Prototype Plan.
Please sign and return this registration form, together with the registration
fee, to:
Lincoln National Life Insurance Company
0000 Xxxxx Xxxxxxx Xxxxxx
X.X. Box 2248
Fort Xxxxx, IN 46801-2248
Attention: Xxxxx Xxxxxxxx
/s/ Xxxxxx X. Xxxxxx CFO 3/29/96
--------------------------------------------------------------------------------
(Signature of Adopting Employer) (Title) (Date)
Xxxxxx X. Xxxxxx CFO
24
LOAN POLICY
Plan # PS-45374 Plan Name DAH Retirement Plan
------------ --------------------------------------------------
1) Name of fiduciary responsible for the loan program
------------------------
(Specific person or position responsible for overseeing program)
2) Loan application procedures:
(*) Participation must fill out appropriate loan application (Lincoln
National form #223598) including required spousal consent.
(*) Participant must sign promissory note (SAMPLE attached).
(*) Trustee or fiduciary must sign application, assign reasonable rate and
keep promissory note on file.
(*) Application must be submitted to Lincoln National for processing.
Loans will be funded first from the source of money containing the
largest dollar balance in the participant's account.
3) Basis for approval or denial of loans:
(*) Loans will be approved if all policy specifications are met and
requested loan amount is available.
(*) Loans will be denied if any policy specifications are not met. It
is the Trustee's responsibility to notify the participant if a loan
is denied.
4) Limitations on types and amounts of loans:
a. Loans will be granted for the following reasons:
Financial Hardship
-----
Purchase of a Primary Residence
-----
Other (please specify):
----- -------------------------------------
------------------------------------------------------------
b. Loan amounts will be limited as follows:
(*) 1,000 minimum loan amount.
50% Maximum loan amount is 50% of vested account balance unless
--- otherwise specified below. Please note: if over 50%, it is
the responsibility of the fiduciary named in #1 above to
obtain collateral, process foreclosures (as necessary), and
make the participant aware of possible immediate taxation
penalties.
-------------------------------------------------
------------------------------------------------------------
c. Other loan provisions:
(*) Participant may have one loan outstanding at any time.
Exception: a second loan may be granted provided one of the
loans is a home mortgage.
(*) A period of one month from the date the original loan is
repaid in full is required before applying for a subsequent
loan.
(*) Loans may not be renegotiated (e.g. loan amount, interest
rate or repayment period).
(*) Length of loan may not exceed 5 years (except for purchase
of primary residence).
Page 5
(*) Loans for active participants must be repaid through payroll
deduction at least monthly.
(*) Loans for participants on leave of absence must be repaid by
personal check at least monthly.
(*) Loans for terminated participants or beneficiaries with
deferred vested balances must be paid by personal check at
least monthly.
Other (i.e. administrative fees, higher rates, credit
--- reports, etc.):
---------------------------------------------
5) Procedure for determining a reasonable rate of interest:
(*) Rate must be commensurate with interest rates currently charges at
commercial institutions for similar loans at that time.
--- Rate of interest charged will take into effect "appropriate regional
factors" and reflect rates of local or regional commercial
institutions (i.e. banks, credit unions, savings & loan associations,
etc.).
--- Other (list any specific formulas for determining reasonable rate):
----------------------------------------------------------------------
----------------------------------------------------------------------
6) Types of collateral acceptable for a loan:
(*) Up to 50% of the participant's vested account balance.
Other (please specify type of collateral acceptable and required
---
paperwork, i.e. home mortgages, certificates of deposit, etc.).
Fiduciaries are responsible for obtaining and holding all collateral
other than vested account balances.
-----------------------------------
----------------------------------------------------------------------
7) Events constituting default of a loan and procedures which will be taken to
preserve plan assets in the event of default:
(*) For loans collateralized by vested account balances: if three (3)
months transpire and a loan payment remains due and unpaid, the loan
is in default and a taxable event occurs. The outstanding loan
balance will be reported as income on Form 1099R to the participant
and the IRS. No interest will be accrued following the default. The
defaulted loan remains an obligation of the participant and still
needs to be repaid.
(*) If a participant has a defaulted loan, another loan will not be
granted.
For loans collateralized by other means of collateral: if three (3)
---
months transpire and a loan payment remains due and unpaid, the loan
is in default and the trustee will (please specify steps to be taken):
----------------------------------------------------------------------
----------------------------------------------------------------------
Other (please specify):
--- -----------------------------------------------
----------------------------------------------------------------------
Page 6
Please note, if you are using the Defined Contribution Prototype Plan Document
sponsored by the Lincoln National Life Insurance Company, a 5% or more owner-
employee of an S corporation, a sole proprietor, a more than 10% owner of a
partnership, and a 10% or more stockholder owner in a corporation, unless the
stockholder is also a plan participant, (and their spouses and certain other
relatives) are ineligible to receive loans from this qualified plan.
The above policy is designed to meet DOL requirements as specified under Section
2550.408b-1, as modified by DOL Advisory Opinion 89-30A, regarding written loan
policies. Any changes in this policy must be submitted in writing prior to
being considered for the approval of a loan.
Effective Date: (first day of the current Plan Year
-------------------------
unless otherwise specified)
Date 3/29/96 Trustee(s) signature(s) /s/ Xxxxxx X. Xxxxxx
-------------- -----------------------------------
-----------------------------------
Page 7
AGREEMENT #1 AMENDING
DAH Retirement Plan
401(k) Salary Reduction Plan and Trust
THIS AGREEMENT, made and entered into this 25th day of September, 1996, by and
---- ----------
between XxXxxxx Aircraft Holdings, Inc. oka DAH, Inc. organized under the laws
of California with principal offices at El Segundo, California (hereinafter
called the "Employer" or the "Company") and Xxxxxx X. Xxxxxx (hereinafter
referred to as the Trustee);
W I T N E S S E T H:
- - - - - - - - - -
That at a meeting of the Board of Directors of the Company held on the 25th
day of September, 1996, certain amendments to the 401(k) Salary Reduction
Prototype Plan were authorized and directed;
Now, therefore, it is agreed by and between the parties hereto that the
aforementioned 401(k) Salary Reduction Plan and Trust Agreement be and it is
hereby amended effective September 19, 1996 as follows:
Section A-1.64 shall be amended to read as follows:
"Years of Service with a predecessor employer: Years of Service with
any Company acquired by XxXxxxx Aircraft Holdings, Inc. through
acquisition, for whom this Employer does not maintain a predecessor
plan shall be considered under the Plan for purposes of vesting and
eligibility."
Section A-2.01(e) shall be amended to read as follows:
"Entry Date: Shall mean: The first day of the Plan Year and the dates
which are 3, 6 and 9 months after the Plan Year."
IN WITNESS WHEREOF, the employer has caused this agreement to be signed by its
duly authorized officer and the Trustees have also signed this amendment.
XxXxxxx Aircraft Holdings, Inc. oka DAH, Inc.
---------------------------------------------
Name of Employer
BY: /s/ Xxxxxx Xxxxxx
--------------------------------------
Signature of Officer
9-25-96
-------- --------------------------------------
Date Typed or Printed Name and
Title of Officer
Accepted By:
9-25-96 /s/ Xxxxxx Xxxxxx
------- ----------------------------------------
Date Signature of Trustee
Participating Employer Authorized Signature Date
----------------------- --------------------- -----
Tri-Star Electronics
--------------------
International, Inc. /s/ Xxxxxx Xxxxxx 9-25-96
-------------------- --------------------- -------
Xxxx Xxxxxxxxxx /s/ Xxxxxx Xxxxxx 9-25-96
-------------------- --------------------- --------
Xxxxxxxxxxx International /s/ Xxxxxx Xxxxxx 9-25-96
-------------------------- ----------------------- --------
