EXHIBIT 10.19
ADVISOR RETIREMENT
CONNECTION(R)
Premium Service Retirement Plan
(Profit Sharing/401(k) Plan)
A Fidelity Prototype Plan
Non-Standardized Adoption Agreement No. 001
For use With
Fidelity Basic Plan Document No. 16
The ADVISOR RETIREMENT CONNECTION(R) Premium Service Retirement Plan, Basic Plan
Document No. 16, and related Adoption Agreements has not yet received approval
from the Internal Revenue Service for use as a prototype plan. The ADVISOR
RETIREMENT CONNECTION(R) Premium Service Retirement Plan will be submitted in
April of 1998 to the Internal Revenue Service as a minor modifier to Fidelity
Basic Plan Document No. 14. The document is considered an individually-designed
plan until it is approved by the Internal Revenue Service. Revisions to the
Basic Plan Document and/or Adoption Agreement may be required by the Internal
Revenue Service as part of the approval process. If revisions are required, the
approved document will be distributed to adopting employers and must be re-
executed by them within a specified time period.
ADOPTION AGREEMENT
ARTICLE I
NON-STANDARDIZED PROFIT SHARING PLAN
1.01 PLAN INFORMATION
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(a) Name of Plan:
This is the Rose Hills Company 401(k) Savings Plan (the "Plan")
(b) Type of Plan:
(1) [X] 401(k) Only
(2) [_] 401(k) and Profit Sharing
(3) [_] Profit Sharing Only
(c) Administrator Name (if not the Employer):
________________________________________________________________
Address:_______________________________________________
_______________________________________________
Telephone Number: _______________________________________________
The Administrator is the agent for service of legal process for the
Plan.
(d) Plan Year End (month/day): 12/31
(e) Three Digit Plan Number: 002
(f) Limitation Year (check one):
(1) [_] Calendar Year
(2) [X] Plan Year
(3) [_] Other: ___________________________________________________
(g) Plan Status (check appropriate box(es)):
(1) [_] New Plan Effective Date: ____________________
(2) [X] Amendment Effective Date: 12/1/1999
This is (check one):
(A) [_] an amendment of the ADVISOR RETIREMENT CONNECTION(R)
Premium Service Retirement Plan Basic Plan Document No.
16 Adoption Agreement previously executed by the
Employer; or
(B) [X] a conversion to the ADVISOR RETIREMENT CONNECTION(R)
Premium Service Retirement Plan Basic Plan Document No.
16.
The original effective date of the Plan: 10/1/1987
The substantive provisions of the Plan shall apply prior to
the Effective Date to the extent required by the Internal
Revenue Code, as specifically provided in the Basic Plan
Document.
(3) [_] Plan Merger Effective Dates. Please complete the Special
Effective Dates Addendum to the Adoption Agreement
indicating the plan(s) that have merged into the Plan and
the effective date(s) of such merger(s).
1.02 EMPLOYER
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(a) Employer Name: The Rose Hills Company
Address: 0000 Xxxxx Xxxxxxx Xxxx Xxxx
Whittier, CA 90608
Contact's Name: Xxxxxxx Xxxxxxxxx
Telephone Number: (000) 000-0000
(1) Employer's Tax Identification Number: 00-0000000
(2) Employer's fiscal year end: 12/31
(3) Date business commenced: 9/1/1914
(b) The term "Employer" includes the following Related Employer(s) (as
defined in Subsection 2.01(ss)) (list each participating Related
Employer and its Employer Tax Identification Number):
1.03 TRUSTEE
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(a) Trustee Name: Fidelity Management Trust Company
Address: 00 Xxxxxxxxxx Xxxxxx
Xxxxxx, XX 00000
1.04 COVERAGE
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All Employees who meet the conditions specified below shall be eligible to
participate in the Plan:
(a) Age Requirement (check one):
(1) [_] no age requirement.
(2) [X] must have attained age: 20.5 (not to exceed 21).
----
(b) Eligibility Service Requirement (check one):
(1) [_] no Eligibility Service requirement.
(2) [X] 6 (not to exceed 11) months of Eligibility Service
-
requirement (no minimum number Hours of Service can be
required).
(3) [_] one year of Eligibility Service requirement (at least 1,000
Hours of Service are required during the Eligibility
Computation Period).
(c) Eligible Class of Employees (check one):
Note: The Plan may not cover employees who are citizens of Puerto
Rico. These employees are automatically excluded from the eligible
class, regardless of the Employer's selection under this Subsection
1.04(c).
(1) [_] includes all Employees of the Employer.
(2) [X] includes all Employees of the Employer except for (check the
appropriate box(es)):
(A) [X] employees covered by a collective bargaining agreement.
(B) [_] Highly Compensated Employees as defined in Code Section
414(q).
(C) [_] Leased Employees as defined in Subsection 2.01(dd).
(D) [_] nonresident aliens who do not receive any earned income
from the Employer which constitutes United States
source income.
(E) [_] other: _____________________________________________
_____________________________________________
_____________________________________________
Note: No exclusion in this Subsection 1.04(c) may create a
discriminatory class of employees. An Employer's Plan must
still pass the Internal Revenue Code coverage requirements
if one or more of the above groups of Employees have been
excluded from the Plan.
(d) The Entry Dates shall be (check one):
(1) [_] immediate upon meeting the eligibility requirements
specified in Subsections 1.04(a), (b), and (c).
(2) [X] the first day of each Plan Year and the first day of the
seventh month of each Plan Year.
(3) [_] the first day of each Plan Year and the first day of the
fourth, seventh, and tenth months of each Plan Year.
(4) [_] the first day of each month.
(5) [_] the first day of each Plan Year (do not select if there is
an Eligibility Service requirement of more than six months
in Subsection 1.04(b) or if there is an age requirement of
more than 20 1/2 in Subsection 1.04(a)).
(e) Date of Initial Participation - An Employee shall become a Participant
unless excluded by Subsection 1.04(c) above on the Entry Date
immediately following the date the Employee completes the service and
age requirement(s) in Subsections 1.04(a) and (b), if any, except
(check one):
(1) [_] no exceptions.
(2) [_] Employees employed on the Effective Date in Subsection
1.01(g) shall become Participants on that date.
(3) [X] Employees who meet the age and service requirement(s) of
Subsections 1.04(a) and (b) on the Effective Date in
Subsection 1.01(g) shall become Participants on that date.
1.05 COMPENSATION
------------
Compensation for purposes of determining contributions shall be as defined
in Subsection 2.01(j), modified as provided below.
(a) Compensation Exclusions: Compensation shall exclude the item(s)
listed below for purposes of determining contributions. (Check the
appropriate box(es)):
(1) [X] No exclusions.
(2) [_] Overtime Pay.
(3) [_] Bonuses.
(4) [_] Commissions.
(5) [_] The value of a qualified or a non-qualified stock option
granted to an Employee by the Employer to the extent such
value is includable in the Employee's taxable income.
(6) [_] Severance Pay.
Note: If the Employer selects Option (2), (3), (4), (5), or (6)
with respect to Nonelective Employer Contributions, Compensation
must be tested to show that it meets the requirements of Code
Section 414(s) or 401(a)(4). These exclusions shall not apply
for purposes of the "Top Heavy" requirements in Section 15.03 for
allocating safe harbor Matching Employer Contributions in
Subsection 1.10(a)(3) is selected, for allocating safe harbor
Nonelective Employer Contributions if Subsection 1.11(a)(2) is
selected, or for allocating non-safe harbor Nonelective Employer
Contributions if the integrated Formula is elected in Subsection
1.11(b)(2).
(b) Compensation for the First Year of Participation - Contributions for
the Plan Year in which an Employee first becomes a Participant shall
be determined based on the Employee's Compensation (check one):
(1) [_] for the entire Plan Year.
(2) [X] for the portion of the Plan Year in which the Employee is
eligible to participate in the Plan.
Note: If the initial Plan Year of a new Plan consists of fewer than
12 months from the Effective Date in Subsection 1.01(g)(1) through the
end of the initial Plan Year, Compensation for purposes of determining
the amount of contributions, other than non-safe harbor Nonelective
Employer Contributions, under the Plan shall be the period from such
Effective Date through the end of the initial year. However, for
purposes of determining the amount of non-safe harbor Nonelective
Employer Contributions and for other Plan purposes, where appropriate,
the full 12-consecutive-month period ending on the last day of the
initial Plan Year shall be used.
1.06 TESTING RULES
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(a) ADP/ACP Present Testing Method - The testing method for purposes of
applying the "ADP" and "ACP" tests described in Sections 6.03 and 6.06
of the Plan shall be the (check one):
(1) [X] Current Year Testing Method - The ADP or ACP of Highly
Compensated Employees for the Plan Year shall be compared to
the ADP or ACP of Non-Highly Compensated Employees for the
same Plan Year.
(2) [_] Prior Year Testing Method - The ADP or ACP of Highly
Compensated Employees for the Plan Year shall be compared to
the ADP or ACP of Non-Highly Compensated Employees for the
immediately preceding Plan Year.
(3) [_] Not applicable. (Only if Option 1.01(b)(3), Profit Sharing
Only, is checked.)
(b) [X] ADP/ACP Testing Methods Used in Prior Years - For Plan Years
prior to the effective date of this amendment, the "ADP" and
"ACP" tests were applied using the testing methods shown in the
ADP/ACP Testing Methods History Addendum to the Adoption
Agreement. (Choose if there has been a change in the testing
method used under the Plan.)
(c) [_] Initial Year Testing Method - For the initial Plan Year of a new
Plan, other than a successor plan, the ADP and ACP tests shall be
applied (check one):
(1) [_] assuming a 3% ADP and ACP for Non-Highly Compensated
Employees.
(2) [_] using the actual ADP and ACP of Non-Highly Compensated
Employees for the initial Plan Year.
(d) HCE Determinations: Look Back Year - The look back year for purposes
of determining which Employees are Highly Compensated Employees shall
be the 12-consecutive-month period preceding the Plan Year, unless the
Employer elects Option (1) below.
(1) [_] Calendar Year Determination - The look back year shall be
the calendar year beginning within the preceding Plan Year.
(Do not elect if the Plan Year is the calendar year.)
(2) [X] Prior Plan Years - For Plan Years prior to the effective
date of this amendment, the Plan was operated in accordance
with the look back year elections shown in the Special
Effective Dates Addendum to the Adoption Agreement.
(e) [X] HCE Determinations: Top Paid Group - Employees with Compensation
exceeding $80,000 (as indexed) shall be considered Highly
Compensated Employees only if they are in the top paid group (the
top 20% of Employees ranked by Compensation).
(1) [X] Prior Plan Years - For Plan Years prior to the effective
date of this amendment, the Plan was operated in accordance
with the top paid group elections shown in the Special
Effective Dates Addendum to the Adoption Agreement.
Note: Effective for determination years beginning on or after January
1, 1998, if the Employer elects Option 1.06(d)(1) and/or 1.06(e), such
election must apply consistently to all retirement plans of the
Employer for determination years that begin with or within the same
calendar year (except that Option 1.06(d)(1), Calendar Year
Determination, shall not apply to calendar year plans). Effective for
determination years beginning on or after January 1, 2000, any such
election must apply consistently to all plans of the Employer,
including non-retirement plans.
1.07 DEFERRAL CONTRIBUTIONS
----------------------
(a) [X] Deferral Contributions - Participants may elect to have a portion
of their Compensation contributed to the Plan on a before-tax
basis pursuant to Code Section 401(k).
(1) Regular Contributions - The Employer shall make a Deferral
Contribution in accordance with Section 5.03 on behalf of each
Participant who has an executed salary reduction agreement in
effect with the Employer for the payroll period in question, not
to exceed 15.00 % (not to exceed 25%) of Compensation for
----------
that period.
Note: The percentage elected above must be less than 25% in
order to satisfy the limitation on annual additions under Code
Section 415 if other types of contributions are provided under
the Plan.
(A) [X] Instead of specifying a percentage of Compensation, a
Participant's salary reduction agreement may specify a
dollar amount to be contributed each payroll period,
provided such dollar amount does not exceed the maximum
percentage of Compensation specified in Subsection
1.07(a)(1) above.
(B) A Participant may increase or decrease, on a prospective
basis, his salary reduction agreement percentage (check
one):
(i) [_] as of the beginning of each payroll period.
(ii) [_] as of the first day of each month.
(iii) [_] as of the next Entry Date. (Do not select if
Option 1.04(d)(1), immediate entry, is checked.)
(iv) [X] other. (Specify, but must be at least once per
Plan Year)
First Day of Each Quarter
--------------------------
(C) A Participant may revoke, on a prospective basis, a salary
reduction agreement at any time upon proper notice to the
Administrator but in such case may not file a new salary
reduction agreement until (check one):
(i) [_] the first day of the next Plan Year.
(ii) [_] any subsequent Entry Date. (Do not select if
Option 1.04(d)(1), immediate entry, is checked.)
(iii) [X] other. (Specify, but must be at least once per
Plan Year)
First Day of Next Quarter Following 6 Months
---------------------------------------------
(2) [_] Catch-Up Contributions - The Employer may allow Participants
upon proper notice and approval to enter into a special
salary reduction agreement to make additional Deferral
Contributions in an amount up to 100% of their Compensation
for the payroll period(s) designated by the Employer.
(3) [_] Bonus Contributions - The Employer may allow Participants
upon proper notice and approval to enter into a special
salary reduction agreement to make Deferral Contributions in
an amount up to 100% of any Employer paid cash bonuses
designated by the Employer on a uniform and non-
discriminatory basis that are made for such Participants
during the Plan Year. The Compensation definition elected by
the Employer in Subsection 1.05(a) must include bonuses if
bonus contributions are permitted.
Note: A Participant's contributions under Subsection 1.07(a)(2)
and/or (3) may not cause the Participant to exceed the
percentage limit specified by the Employer in Subsection
1.07(a)(1) for the full Plan Year. The Employer has the
right to restrict a Participant's right to make Deferral
Contributions if they will adversely affect the Plan's
ability to pass the "ADP" and/or the "ACP" test
(4) [_] Negative Election Contributions - Unless an Eligible
Employee affirmatively elects otherwise, his Compensation
will be reduced by _____ % (not to exceed 3%) for each
payroll period in which he is an Active Participant and the
Employer shall make a Deferral Contribution in such amount
on the Participant's behalf in accordance with the
provisions of Section 5.03. At the time he becomes an
Active Participant, or within a reasonable period ending no
later than the date Compensation subject to the reduction
becomes available to the Participant, an Eligible Employee
may elect either (A) not to have Deferral Contributions made
on his behalf or (B) to have Deferral Contributions made in
a different percentage of Compensation or dollar amount as
provided in Subsection 1.07(a)(1). If an Eligible Employee
makes no affirmative election hereunder at the time he
becomes an Active Participant, Deferral Contributions shall
continue to be made on his behalf in accordance with the
provisions of this Subsection 1.07(a)(4) until the
Participant elects to change or revoke such Deferral
Contributions as provided in Subsection 1.07(a)(1)(B) or
(C).
Note: An Employer that elects the negative election provisions
under Subsection 1.07(a)(4) must satisfy the notice requirements
described in Section 5.03.
1.08 EMPLOYEE CONTRIBUTIONS
----------------------
(a) [_] Employee Contributions - Participants either currently are or
previously were permitted to contribute amounts to the Plan on an
after-tax basis. (check one):
(1) [_] Future Employee Contributions - Participants may make
voluntary, non-deductible, after-tax Employee Contributions
pursuant to Section 5.08 of the Plan. A Participant's
Employee Contributions for the Plan Year may not exceed 10%
of his Compensation for the Plan Year. (Only if Option
1.07(a), Deferral Contributions, is checked.)
(2) [_] Frozen Employee Contributions - Participants may not
currently make after-tax Employee Contributions to the Plan,
but the Employer does maintain frozen Employee Contributions
Accounts.
1.09 QUALIFIED NONELECTIVE CONTRIBUTIONS
-----------------------------------
(a) Qualified Nonelective Employer Contributions - If Option 1.07(a),
Deferral Contributions, is checked, the Employer may contribute an
amount which it designates as a Qualified Nonelective Employer
Contribution to be included in the "ADP" or "ACP" test. Qualified
Nonelective Employer Contributions shall be allocated to Participants
who were eligible to participate in the Plan at any time during the
Plan Year and are Non-Highly Compensated Employees (check one):
(1) [X] either (A) in the ratio which each Participant's "testing
compensation", as defined in Subsection 6.01(t), for the
Plan Year bears to the total of all Participants' "testing
compensation" for the Plan Year or (B) as a flat dollar
amount.
(2) [_] as a percentage of the lowest paid Participant's "testing
compensation", as defined in Subsection 6.01(t), for the
Plan Year up to the lower of (A) the maximum amount
contributable under the Plan or (B) the amount necessary to
satisfy the "ADP" or "ACP" test. If any Qualified
Nonelective Employer Contribution remains, allocation shall
continue in the same manner to the next lowest paid
Participants until the Qualified Nonelective Employer
Contribution is exhausted.
(3) [_] not applicable. (Only if Option 1.01(b)(3), Profit Sharing
Only is checked.)
1.10 MATCHING EMPLOYER CONTRIBUTIONS (Only if Option 1.07(a), Deferral
-------------------------------
Contributions is checked)
(a) [X] Basic Matching Employer Contributions (check one):
(1) [_] Non-Discretionary Matching Employer Contributions - The
Employer shall make a basic Matching Employer Contribution
on behalf of each Participant in an amount equal to the
following percentage of a Participant's Deferral
Contributions during the Contribution Period (check (A) or
(B) and, if applicable, (C)):
Note: Effective for Plan Years beginning on or after January 1,
-----
1999, if the Employer elected Option 1.11(a)(2), Safe Harbor
Formula, with respect to Nonelective Employer Contributions and
meets the requirements for deemed satisfaction of the "ADP" test
for a Plan Year, the Plan will also be deemed to satisfy the
"ACP" test with respect to Matching Employer Contributions if
Matching Employer Contributions hereunder meet all of the
following requirements: (1) the percentage of Deferral
Contributions matched does not increase as the percentage of
Compensation contributed increases; (2) Highly Compensated
Employees are not provided a greater percentage match than Non-
Highly Compensated Employees; and (3) Deferral Contributions
matched do not exceed 6% of a Participant's Compensation for the
Plan Year.
(A) [_] Single Percentage Match: ___________%
(B) [_] Tiered Match: ____________% of the first ___________%
of the Active Participant's Compensation contributed to
the Plan,
___________% of the next __________% of the
Active Participant's Compensation contributed to the
Plan,
__________% of the next __________% of the Active
Participant's Compensation contributed to the Plan.
Note: The percentages specified above for basic
Matching Employer Contributions may not increase as the
percentage of Compensation contributed increases.
(C) [_] Limit on Non-Discretionary Matching Employer
Contributions (check the appropriate box(es)):
(i) [_] Deferral Contributions in excess of __________%
of the Participant's Compensation for the period
in question shall not be considered for non-
discretionary Matching Employer Contributions.
Note: If the Employer elected a percentage limit in (A)
above and requested the Trustee to account separately for
matched and unmatched Deferral Contributions, the non-
discretionary Matching Employer Contributions allocated to
each Participant must be computed, and the percentage limit
applied, based upon each payroll period.
(ii) [_] Matching Employer Contributions for each
Participant for each Participant for each Plan
Year shall be limited to $____________________.
(2) [X] Discretionary Matching Employer Contributions - The Employer
may make a basic Matching Employer Contribution on behalf of
each Participant in an amount equal to the percentage
declared for the Contribution Period, if any, by a Board of
Directors' Resolution (or by a Letter of Intent for a Sole
Proprietor or Partnership) of the Deferral Contributions
made by each Participant during the Contribution Period.
The Board of Directors' Resolution (or Letter of Intent, if
applicable) may limit the contributions matched to a
specified percentage of Compensation or limit the amount of
the match to a specified dollar amount.
(3) [_] Safe Harbor Matching Employer Contributions - Effective only
for Plan Years beginning on or after January 1, 1999, if the
Employer elects one of
the safe harbor formula Options provided in the Safe Harbor
Matching Employer Contribution Addendum to the Adoption
Agreement and, prior to the beginning of each Plan Year,
provides written notice to all Active Participants of the
Active Participants' rights and obligations under the Plan,
the Plan shall be deemed to satisfy the "ADP" test and, in
certain circumstances, the "ACP" test.
(b) [_] Additional Matching Employer Contributions - The Employer may at
Plan Year end make an additional Matching Employer Contribution
equal to a percentage declared by the Employer, through a Board
of Directors' Resolution (or by a Letter of Intent for a Sole
Proprietor or Partnership), of the Deferral Contributions made by
each Participant during the Plan Year. (Only if Option
1.10(a)(1) or (3) is checked). The Board of Directors'
Resolution (or Letter of Intent, if applicable) may limit the
contributions matched to a specified percentage of Compensation
or limit the amount of the match to a specified dollar amount.
Note: If the Employer elected the Safe Harbor Matching Employer
Contribution in Subsection 1.10(a)(3) above and wants to be
deemed to have satisfied the "ADP" test for Plan Years beginning
on or after January 1, 1999, the additional Matching Employer
Contribution may not provide a greater percentage match to Highly
Compensated Employees and the percentage of contribution matched
may not increase as the percentage of Compensation contributed
increases. In addition to the foregoing requirements, if the
Employer elected either the Safe Harbor Matching Employer
Contribution in Subsection 1.10(a)(3) above or the Safe Harbor
Formula for Nonelective Employer Contributions in Subsection
1.11(a)(2) and wants to be deemed to have satisfied the "ACP"
test with respect to Matching Employer Contributions for Plan
Years beginning on or after January 1, 1999, the Deferral
Contributions matched may not exceed 6% of a Participant's
Compensation.
(c) Contribution Period for Matching Employer Contributions - The
Contribution Period for purposes of calculating the amount of basic
Matching Employer Contributions described in Subsection 1.10(a)(1) or
(2) is:
(1) [_] each calendar month.
(2) [_] each Plan Year quarter.
(3) [_] each Plan Year.
(4) [X] each payroll period.
The Contribution Period for safe harbor Matching Employer
Contributions described in Subsection 1.10(a)(3) and additional
Matching Employer Contributions described in Subsection 1.10(b) is the
Plan Year.
(d) Continuing Eligibility Requirement(s) - A Participant who makes
Deferral Contributions during a Contribution Period shall only be
entitled to receive Matching Employer Contributions under Section 1.10
for that Contribution Period if the Participant satisfies the
following requirement(s) (Check the appropriate box(es). Options (3)
and (4) may not be elected together; Option (5) may not be elected
with Option (2), (3), or (4); Options (2), (3), (4), and (5) may not
be elected with respect to basic Matching Employer Contributions if
Option 1.10(a)(3), Safe Harbor Matching Employer Contributions, is
checked):
(1) [X] No requirements.
(2) [_] Is employed by the Employer or a Related Employer on the
last day of the Contribution Period.
(3) [_] Earns at least 501 Hours of Service during the Plan Year.
(Only if the Contribution Period is the Plan Year.)
(4) [_] Earns at least 1,000 Hours of Service during the Plan Year.
(Only if the Contribution Period is the Plan Year.)
(5) [_] Either earns at least 501 Hours of Service during the Plan
Year or is employed by the Employer or a Related Employer on
the last day of the Plan Year. (Only if the Contribution
Period is the Plan Year.)
(6) [_] Special continuing eligibility requirement(s) for additional
Matching Employer Contributions. (Only if Options
1.10(a)(3), Safe Harbor Matching Employer Contributions, and
(b), Additional Matching Employer Contributions are checked.
(A) The continuing eligibility requirement(s) for additional
Matching Employer Contributions is/are: _____ (fill in
number of applicable eligibility requirement(s) from above)
Note: If Option (2), (3), (4), or (5) above is selected, then
Matching Employer Contributions can only be funded by the Employer
after the Contribution Period or Plan Year ends. Matching Employer
Contributions funded during the Contribution Period or Plan Year shall
not be subject to the eligibility requirements of Option (2), (3),
(4), or (5). If Option (2), (3), (4), or (5) is adopted during a
Contribution Period or Plan Year, as applicable, such Option shall not
become effective until the first day of the next Contribution Period
or Plan Year.
(e) [_] Qualified Matching Employer Contributions - The Employer may
designate all or a portion of its Matching Employer Contribution
as a Qualified Matching Employer Contribution that may be used to
satisfy the "ADP" test on Deferral Contributions. Qualified
Matching Employer Contributions shall be allocated to
Participants who meet the continuing eligibility requirement(s)
for basic Matching Employer Contributions described in
Subsection 1.10(d) above and who (check one):
(1) [_] are Non-Highly Compensated Employees for the Plan Year.
(2) [_] are either Non-Highly Compensated or Highly Compensated
Employees for the Plan Year.
1.11 NONELECTIVE EMPLOYER CONTRIBUTIONS
----------------------------------
Note: An Employer who has elected the safe harbor formula in Subsection
1.11(a)(2) may elect both a fixed formula and a discretionary formula. If
both are selected, the discretionary formula shall be treated as an
additional Nonelective Employer Contribution and allocated separately in
accordance with the allocation formula selected by the Employer.
(a) [_] Fixed Formula (check one):
(1) [_] Fixed Percentage Employer Contribution - For each Plan Year,
the Employer shall contribute for each eligible Active
Participant an amount equal to __________% (not to exceed 15%)
of such Active Participant's Compensation.
(2) [_] Safe Harbor Formula - Effective only with respect to Plan
Years that begin on or after January 1, 1999, the Nonelective
Employer Contribution is intended to satisfy the safe harbor
contribution requirements under the Code such that the "ADP"
test is deemed satisfied. Please complete the Safe Harbor
Nonelective Employer Contribution Addendum to the Adoption
Agreement.
(b) [_] Discretionary Formula - The Employer may decide each Plan Year
whether to make a discretionary Nonelective Employer Contribution
on behalf of eligible Active Participants in accordance with
Section 5.10. Such contributions shall be allocated to eligible
Active Participants based upon the following (check (1) or (2)):
(1) [_] Non-Integrated Allocation Formula - In the ratio that each
eligible Active Participant's Compensation bears to the
total Compensation paid to all eligible Active Participants
for the Plan Year.
(2) [_] Integrated Allocation Formula - As (A) a percentage of each
eligible Active Participant's Compensation plus (B) a
percentage of each eligible Active Participant's
Compensation in excess of the "integration level" as defined
below. The percentage of Compensation in excess of the
"integration level" shall be equal to the lesser of the
percentage of the Active Participant's Compensation
allocated under (A) above or the "permitted disparity limit"
as defined below.
Note: An Employer that has elected the Safe Harbor formula in
Subsection 1.11(a)(2) above may not take Nonelective Employer
Contributions made to satisfy the safe harbor into account in
applying the integrated allocation formula described above.
"Integration level" means the Social Security taxable wage base
for the Plan Year, unless the Employer elects a lesser amount in
(A) or (B) below.
(A) __________ % (not to exceed 100%) of the Social Security
taxable wage base for the Plan Year, or
(B) $ __________ (not to exceed the Social Security taxable wage
base).
"Permitted disparity limit" means the percentage provided by the
following table:
If the "Integration Level" But Less Than The "Permitted
is at least ___% of the ___% of the Disparity
Taxable Wage Base Taxable Wage Base Limit" is
------------------------- -------------------- ----------------
0% 20% 5.7%
20% 80% 4.3%
80% 100% 5.4%
100% N/A 5.7%
Note: An Employer who maintains any other plan that provides for
Social Security Integration (permitted disparity) may not elect
Option 1.11(b)(2).
(c) Continuing Eligibility Requirement(s) - A Participant shall only be
entitled to receive Nonelective Employer Contributions for a Plan Year
under this Section 1.11 if the Participant satisfies the following
requirement(s) (Check the appropriate box(es) - Options (3) and (4)
may not be elected together; Option (5) may not be elected with Option
(2), (3), or (4); Options (2), (3), (4), and (5) may not be elected
with respect to Nonelective Employer Contributions under the fixed
formula if Option 1.11(a)(2), Safe Harbor formula, is checked):
(1) [_] No requirements.
(2) [_] Is employed by the Employer or a Related Employer on the
last day of the Plan Year.
(3) [_] Earns at least 501 Hours of Service during the Plan Year.
(4) [_] Earns at least 1,000 Hours of Service during the Plan Year.
(5) [_] Either earns at least 501 Hours of Service during the Plan
Year or is employed by the Employer or a Related Employer
on the last day of the Plan Year.
(6) [_] Special continuing eligibility requirement(s) for
discretionary Nonelective Employer Contributions. (Only if
Options 1. 11(a)(2), Safe Harbor Formula, and 1.11(b),
Discretionary Formula, are checked.)
(A) The continuing eligibility requirement(s) for additional
discretionary Nonelective Employer Contributions is/are
____________: (fill in number of applicable eligibility
requirement(s) from above.)
Note: If Option (2), (3), (4), or (5) above is selected then
Nonelective Employer Contributions can only be funded by the Employer
after the Plan Year ends. Nonelective Employer Contributions funded
during the Plan Year shall not be subject to the eligibility
requirements of Option (2), (3), (4), or (5). If Option (2), (3),
(4), or (5) is adopted during a Plan Year, such Option shall not
become effective until the first day of the next Plan Year.
1.12 EXCEPTIONS TO CONTINUING ELIGIBILITY REQUIREMENTS
-------------------------------------------------
[_] Death, Disability, and Retirement Exception to Eligibility
Requirements- Active Participants who do not meet any last day or
Hours of Service requirement under Subsection 1.10(d) or 1.11(c)
because they become disabled, as defined in Section 1.14, retire, as
provided in Subsection 1.13(a), (b), or (c), or die shall nevertheless
receive an allocation of Nonelective Employer and/or Matching Employer
Contributions. No Compensation shall be imputed to Active
Participants who become disabled for the period following their
disability.
1.13 RETIREMENT
----------
(a) The Normal Retirement Age under the Plan is (check one);
(1) [_] age 65.
(2) [_] age ___________ (specify between 55 and 64).
(3) [X] later of age 65 (not to exceed 65) or the fifth anniversary
--
of the Participant's Employment Commencement Date.
(b) [_] The Early Retirement Age is the first day of the month after the
Participant attains age _____ (specify 55 or greater) and
completes _______years of Vesting Service.
Note: If this Option is elected, Participants who are employed by the
Employer or a Related Employer on the date they reach Early Retirement
Age shall be 100% vested in their Accounts under the Plan.
(c) [X] A Participant who becomes disabled, as defined in Section 1.14,
is eligible for disability retirement.
Note: If this Option is elected, Participants who are employed by the
Employer or a Related Employer on the date they become disabled shall
be 100% vested in their Accounts under the Plan.
1.14 DEFINITION OF DISABLED
----------------------
A Participant is disabled if he/she (check the appropriate box(es)):
(a) [X] satisfies the requirements for benefits under the Employer's
Long-Term Disability Plan.
(b) [_] satisfies the requirements for Social Security disability
benefits.
(c) [X] is determined to be disabled by a physician approved by the
Employer.
1.15 VESTING
-------
A Participant's vested interest in Matching Employer Contributions and/or
Nonelective Employer Contributions, other than Safe Harbor Matching
Employer and/or Nonelective Employer Contributions elected in Subsection
1.10(a)(3) or 1.11(a)(2), shall be based upon his years of Vesting Service
and the schedule(s) selected below, except as provided in Subsection
1.20(d) or in the Grandfathered Vesting Schedule Addendum to the Adoption
Agreement.
(a) [_] Years of Vesting Service shall exclude:
(1) [_] for new plans, service prior to the Effective Date as
defined in Subsection 1.01(g)(1).
(2) [_] for existing plans converting from another plan document,
service prior to the original Effective Date as defined in
Subsection 1.01(g)(2).
(b) Vesting Schedule(s)
(1) Nonelective Employer Contributions (2) Matching Employer
(check one): Contributions
(check one):
(A) [x] N/A - No Nonelective (A) [_] N/A - No Matching
Employer Contributions Employer Contributions
(B) [_] 100% Vesting immediately (B) [x] 100% Vesting immediately
(C) [_] 3 year cliff (see C below) (C) [_] 3 year cliff (see C below)
(D) [_] 5 year cliff (see D below) (D) [_] 5 year cliff (see D below)
(E) [_] 6 year graduated (see E below) (E) [_] 6 year graduated (see E below)
(F) [_] 7 year graduated (see F below) (F) [_] 7 year graduated (see F below)
(G) [_] Other vesting (complete G1 below) (G) [_] Other vesting (complete G2 below)
Applicable Vesting Schedule(s)
Years of ------------------------------
Vesting Service C D E F G1 G2
------------------ ---------- ---------- --------- --------- --------- ---------
0 0% 0% 0% 0% __% __%
1 0% 0% 0% 0% __% __%
2 0% 0% 20% 0% __% __%
3 100% 0% 40% 20% __% __%
4 100% 0% 60% 40% __% __%
5 100% 100% 80% 60% __% __%
6 100% 100% 100% 80% __% __%
7 or more 100% 100% 100% 100% 100% 100%
Note: A schedule elected under G1 or G2 above must be at least as
favorable as one of the schedules in C, D, E or F above.
Note: If the Plan is being amended to provide a more restrictive
vesting schedule, the more favorable vesting schedule shall continue
to apply to Participants who are Active Participants immediately prior
to the later of (1) the effective date of the amendment or (2) the
date the amendment is adopted. Grandfathered vesting schedules are
reflected in the Grandfathered Vesting Schedule Addendum to the
Adoption Agreement.
(c) [_] A vesting Schedule different from the vesting schedule selected above
applies to certain persons employed prior to the effective date of
this
amendment. Please complete the Grandfathered Vesting Schedule
Addendum to the Adoption Agreement.
1.16 PREDECESSOR EMPLOYER SERVICE
----------------------------
[_] Service for purposes of eligibility in Subsection 1.04(b) and vesting
in Subsection 1.15(b) of this Plan shall include service with the
following predecessor employer(s):
(a)
(b)
(c)
(d)
1.17 PARTICIPANT LOANS
-----------------
Participant loans (check one):
(a) [X] are allowed in accordance with Article 9 and loan procedures
outlined in the Service Agreement.
(b) [_] are not allowed.
---
1.18 IN-SERVICE WITHDRAWALS
----------------------
Participants may make withdrawals prior to termination of employment under
the following circumstances (check the appropriate box(es)):
(a) [X] Hardship Withdrawals - Hardship withdrawals from a Participant's
Deferral Contributions Account shall be allowed in accordance with
Section 10.05, subject to a $500 minimum amount.
(b) [_] Age 59 1/2 - Participants shall be entitled to receive a
distribution of all or any portion of the following Accounts upon
attainment of age 59 1/2 (check one):
(1) [_] Deferral Contributions Account
(2) [_] All Accounts
(c) Withdrawal of Employee Contributions and Rollover Contributions - The
Plan provides for in-service withdrawals of Rollover Contributions at
any time. Employee Contributions
may be withdrawn in accordance with Section 10.02 subject to the
following (check if applicable):
(1) [_] Employees may not make such withdrawals more frequently
than:
___________________________________________________________.
Note: If Option 1.18(c)(1) is not selected, withdrawals of Employee
Contributions shall be permitted at any time.
(d) [_] Protected In-Service Withdrawal Provisions - Check if the Plan
was converted by plan amendment or received transfer
contributions from another defined contribution plan, and
benefits under the other defined contribution plan were payable
as (check the appropriate box(es)):
(1) [_] an in-service withdrawal of vested employer contributions
maintained in a Participant's Account (check (A) and/or
(B)):
(A) [_] for at least ____________(24 or more) months.
(B) [_] after the Participant has at least 60 months of
participation.
(2) [_] another in-service withdrawal option that is a "protected
benefit" under Code Section 411(d)(6). Please complete the
Protected In-Service Withdrawals Addendum to the Adoption
Agreement identifying the in-service withdrawal option(s).
1.19 FORM OF DISTRIBUTIONS
---------------------
Subject to Article 14, distributions under the Plan shall be paid as
(check the appropriate box(es) with respect to optional forms):
(a) Lump Sum Payments - Lump sum payments are always available under the
Plan. If a Participant's account balance is less than or equal to the
"cashout limit", distribution shall be made to the Participant as soon
as reasonably practicable following his termination of employment in a
lump sum payment. Unless otherwise specified below, effective the
first day of the first Plan Year beginning on or after August 5, 1997,
the "cashout limit" is $5,000 (increased from $3,500).
(1) [_] A later effective date applies to the increase in the
"cashout limit" to $5,000. Please complete the Special
Effective Date Addendum to the Adoption Agreement indicating
the late effective date.
(b) [_] Installments Payments - In lieu of a lump sum, Participants may
elect distribution under a systematic withdrawal plan
(installments).
(c) [_] Protected Benefit Forms - Check if the Plan was converted by plan
amendment or received transfer contributions from another defined
contribution plan, and benefits under the other defined
contribution plan were payable in any other form (check the
appropriate box(es)):
(1) [_] The protected benefit forms apply to the Accounts of all
Participants (check the appropriate box(es)):
(A) [_] The prior plan provided a life annuity form of payment.
(i) The normal annuity form for unmarried Participants is a
The normal annuity form for married Participants is a
__________% (must be at least 50%, but no more than
100%) "qualified joint and survivor annuity".
(ii) The normal form of distribution under the Plan is:
(I) [_] A lump sum payment.
(II)[_] A "qualified joint and survivor annuity".
(iii) The qualified preretirement survivor annuity provided
to a Participant's spouse is purchased with __________%
(must be at least 50%) of the Participant's Account.
(B) [_] The prior plan provided other optional annuity forms.
The other optional annuity forms available under the
Plan are:
(C) [_] The prior plan provided other forms of distribution
that are protected benefits. The other forms of
distribution available under the Plan are:
(2) [_] The protected benefit forms apply only to the Accounts of a
specified class of Participants. Please complete the
Protected Benefit Forms Addendum describing each protected
benefit and the class of Participants whose Accounts are
subject to distribution in the protected benefit form.
1.20 TOP HEAVY STATUS
----------------
(a) The Plan shall be subject to the Top-Heavy Plan requirements of
Article 15 (check one):
(1) [_] for each Plan Year, whether or not the Plan is a "top-heavy
plan" as defined in Subsection 15.01(f).
(2) [X] for each Plan Year, if any, for which the Plan is a "top-
heavy plan" as defined in Subsection 15.01(f).
(3) [_] Not applicable. (Only if Plan covers only employees subject
to a collective bargaining agreement.)
(b) In determining whether the Plan is a "top-heavy plan" for an Employer
with at least one defined benefit plan, the following assumptions
shall apply:
(1) [X] Interest rate: 5.00% per annum.
-----
(2) [X] Mortality table:1984 Unisex Pensioner Mortality Table set
forward 1 year. .
(3) [_] Not applicable. (Only if either (A) Plan covers only
employees subject to a collective bargaining agreement or
(B) Employer does not maintain and has never maintained any
defined benefit plans.)
(c) If the Plan is or is treated as a "top-heavy plan" for a Plan Year,
each non-key Employee shall receive an Employer Contribution of at
least 3 (3, 4, 5, or 7 1/2)% of Compensation for the Plan Year in
-
accordance with Section 15.03. The minimum Employer Contribution
provided in this Subsection 1.20(c) shall be made under this Plan only
if the Participant is not entitled to such contribution under another
qualified plan of the Employer, unless the Employer elects otherwise
in (1) or (2) below:
(1) [X] The minimum Employer Contribution shall be paid under this
Plan in any event.
(2) [_] Not applicable. (Only if Plan covers only employees subject
to a collective bargaining agreement.)
Note: The minimum Employer contribution may be less than the
percentage indicated in Subsection 1.20(c) above to the extent
provided in Section 15.03.
(d) If the Plan is or is treated as a "top-heavy plan" for a Plan Year,
the following vesting schedule shall apply instead of the schedule(s)
elected in Subsection 1.15(b) for such Plan Year and each Plan Year
thereafter (check one):
(1) [X] Not applicable. (Only if either (A) the schedule(s) elected in
Subsection 1.15(b) is/are more favorable in all cases than the
schedules available below or (B) Plan covers only employees
subject to a collective bargaining agreement.)
(2) [_] 100% vested after ______________ (not in excess of 3) years of
Vesting Service.
(3) [_] Graded vesting:
Years of Vesting Service Vesting Must be
Percentage at Least
------------------------- ---------- --------
0 __% 0%
1 __% 0%
2 __% 20%
3 __% 40%
4 __% 60%
5 __% 80%
6 __% 100%
Note: If the schedule(s) elected in Subsection 1.15(b) is/are
more favorable in all cases than the schedule elected in
Subsection 1.20(d) above, then the schedule(s) in Subsection
1.15(b) shall continue to apply even in Plan Years in which the
Plan is a "top-heavy plan".
1.21 CORRECTION TO MEET 415 REQUIREMENTS UNDER MULTIPLE DEFINED CONTRIBUTION
-----------------------------------------------------------------------
PLANS
-----
If the Employer maintains other defined contribution plans, annual
additions to a Participant's Account shall be limited as provided in
Section 6.11 of the Plan to meet the requirements of Code Section 415,
unless the Employer elects otherwise below and completes the 415 Correction
Addendum describing the order in which annual additions shall be limited
among the plans.
(a) [_] Other Order for Limiting Annual Additions
1.22 INVESTMENT DIRECTION
--------------------
(a) Investment Directions - Participant Accounts shall be invested (check
one):
(1) [_] in accordance with investment directions provided to the
Trustee by the Employer for allocating all Participant
--------
Accounts among the Options listed in the Service Agreement.
(2) [X] in accordance with investment directions provided to the
Trustee by each Participant for allocating his entire
-----------
Account among the Options listed in the Service Agreement.
(3) [_] in accordance with investment directions provided to the
Trustee by each Participant for all contribution sources in
a Participant's Account except the following sources shall
be invested as directed by the Employer (check (A) and/or
(B)):
(A) [_] Nonelective Employer Contributions
(B) [_] Matching Employer Contributions
The Employer must direct the applicable sources among the
same investment options made available for Participant
directed sources listed in the Service Agreement.
(b) [X] 404(c) Election (only if Option 1.22(a)(2) or 1.22(a)(3) is
checked) - The Administrator intends to treat this Plan as being
subject to ERISA Section 404(c).
1.23 RELIANCE ON OPINION LETTER
--------------------------
An adopting 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. If the Employer wishes to obtain
reliance that its Plan is qualified, application for a determination
letter should be made to the appropriate Key District Director of the
Internal Revenue Service. Failure to fill out the Adoption Agreement
properly may result in disqualification of the Plan.
This Adoption Agreement may be used only in conjunction with Fidelity
Basic Plan Document No. 16. The Prototype Sponsor shall inform the
adopting Employer of any amendments made to the Plan or of the
discontinuance or abandonment of the prototype plan document.
1.24 PROTOTYPE INFORMATION:
---------------------
Name of Prototype Sponsor: Fidelity Management & Research Company
Address of Prototype Sponsor: 00 Xxxxxxxxxx
Xxxxxx, XX 00000
Questions regarding this prototype document may be directed to the
following telephone number: 0-000-000-0000.
EXECUTION PAGE
(Prototype Sponsor's Copy)
IN WITNESS WHEREOF, the Employer has caused this Adoption Agreement to be
executed this 29 day of September, 1999.
Employer: /s/ Xxxxxxxx X. Xxxxxxxx
By:
Title: Vice President - Human Resources
Employer:
By:
Title:
Accepted by:
Fidelity Management Trust Company, as Trustee
By:/s/ Xxxxxx X. Xxxxxxxxxx Date: 10-14-99
------------------------
Title: Xxxxxx X. Xxxxxxxxxx
Authorized Signatory
EXECUTION PAGE
(Employer's Copy)
IN WITNESS WHEREOF, the Employer has caused this Adoption Agreement to be
executed this 29 day of September, 1999.
Employer:/s/ Xxxxxxxx X. Xxxxxxxx
By:
Title: Vice President - Human Resources
Employer:
By:
Title:
Accepted by:
Fidelity Management Trust Company, as Trustee
By:/s/ Xxxxxx X. Xxxxxxxxxx Date: 10-14-99
----------------------------
Title: Xxxxxx X. Xxxxxxxxxx
Authorized Signatory
ADDENDUM
Re: SPECIAL EFFECTIVE DATES
for
Plan Name: Rose Hills Company 401(k) Savings Plan
(a) [_] Plan Merger Effective Dates - The following plan(s) were merged
into the Plan after the Effective Date indicated in Subsection
1.01(g)(1) or (2), as applicable. The provisions of the Plan are
effective with respect to the merged plan(s) as of the date(s)
indicated below:
(1) Name of merged plan:
Effective date:
(2) Name of merged plan:
Effective date:
(3) Name of merged plan:
Effective date:
(4) Name of merged plan:
Effective date:
(5) Name of merged plan:
Effective date:
(b) HCE Determinations - HCE determinations for prior Plan Years shall be
made applying the following rules:
(1) [X] HCE Determinations: Look Back Year Elections - Prior to the
effective date of this amendment, the Plan was administered
in accordance with the following look back year election(s):
(A) [X] For the 1997 Plan Year the look back year was (check
one):
(i) [X] the 12-consecutive-month period immediately
preceding the Plan Year.
(ii) [_] the calendar year beginning within the preceding
Plan Year.
(B) [X] For the 1998 Plan Year the look back year was (check
one):
(i) [X] the 12-consecutive-month period immediately
preceding the Plan Year.
(ii) [_] the calendar year beginning within the preceding
Plan Year.
(C) [_] For the 1999 Plan Year the look back year was (check
one):
(i) [_] the 12-consecutive-month period immediately
preceding the Plan Year.
(ii) [_] the calendar year beginning within the preceding
Plan Year.
(D) [_] Look back year elections for other Plan Years:
(2) [x] HCE Determinations: Top Paid Group Elections - Prior to the
effective date of this amendment, the Plan was administered
in accordance with the following top paid group election(s):
(A) [X] For the 1997 Plan Year (check one):
(i) [_] Highly Compensated Employees included only the top
20% of Employees ranked by Compensation.
(ii) [X] Highly Compensated Employees included all
Employees with Compensation exceeding $80,000 (as
indexed).
(B) [X] For the 1998 Plan Year (check one):
(i) [_] Highly Compensated Employees included only the top
20% of Employees ranked by Compensation.
(ii) [X] Highly Compensated Employees included all
Employees with Compensation exceeding $80,000 (as
indexed).
(C) [_] For the 1999 Plan Year (check one):
(i) [_] Highly Compensated Employees included only the top
20% of Employees ranked by Compensation.
(ii) [_] Highly Compensated Employees included all
Employees with Compensation exceeding $80,000 (as
indexed).
(D) [_] Top-paid group elections for other Plan Years:
(c) [_] Late Effective Date for Increase to $5,000 "Cashout Limit":
Effective date:
ADDENDUM
Re: ADP/ACP TESTING METHODS HISTORY
for
Plan Name: Rose Hills Company 401(k) Savings Plan
(a) For Plan Years prior to the date of this amendment, the Plan applied
the following testing methods:
(1) [X] Current Year Testing Method - The ADP/ACP tests for the
following Plan Years were applied using the current year
testing method described in Subsection 1.06(a)(1):
1997
1998
(2) [X] Prior Year Testing Method - The ADP/ACP tests for the
following Plan Years were applied using the prior year
testing method described in Subsection 1.06(a)(2):
ADDENDUM
Re: SAFE HARBOR MATCHING EMPLOYER CONTRIBUTION
for
Plan Name: Rose Hills Company 401(k) Savings Plan
(a) Safe Harbor Matching Contribution Formula
Note: Matching Employer Contributions made under this Option must be
100% vested when made and may only be distributed under the same
circumstances in which Deferral Contributions may be distributed
(i.e., death, disability, separation from service, age 59 1/2,
hardship, and termination of the Plan without the establishment of a
successor plan). In addition, prior to the beginning of each Plan
Year, the Employer must provide written notice to all Active
Participants of the Active Participants' rights and obligations under
the Plan.
(1) [_] 100% of the first 3% of the Active Participant's
Compensation contributed to the Plan and 50% of the next 2%
of the Active Participant's Compensation contributed to the
Plan.
Note: This formula also meets the safe harbor contribution
requirements for deemed satisfaction of the "ACP" test with
respect to Matching Employer Contributions. (Employee
Contributions must still be tested.)
(2) [_] Other Tiered Match: __________% of the first ___________%
of the Active Participant's Compensation contributed to the
Plan,
___________% of the next __________% of the Active
Participant's Compensation contributed to the Plan,
___________% of the next ___________% of the Active
Participant's Compensation contributed to the Plan.
Note: To satisfy the safe harbor contribution requirement for
the "ADP" test, the percentages specified above for Matching
Employer Contributions may not increase as the percentage of
Compensation contributed increases, and the aggregate amount of
Matching Employer Contributions at such rates must at least equal
the aggregate amount of Matching Employer Contributions which
would be made under the percentages described in (a)(1) of this
Addendum.
(A) [_] The formula specified above is also intended to satisfy
the safe harbor contribution requirement for deemed
satisfaction of the "ACP" test with respect to Matching
Employer Contributions. (Employee Contributions must
still be tested.)
Note: To satisfy the safe harbor contribution requirement
for the "ACP" test, the Deferral Contributions and/or
Employee Contributions matched cannot exceed 6% of a
Participant's Compensation.
ADDENDUM
Re: SAFE HARBOR NONELECTIVE EMPLOYER CONTRIBUTION
for
Plan Name: Rose Hills Company 401(k) Savings Plan
(a) For each Plan Year, the Employer shall contribute for each eligible
Active Participant an amount equal to ___________% (not less than 3%
nor more than 15%) of such Active Participant's Compensation.
Note: Contributions that are intended to satisfy the safe harbor
contribution requirement must be 100% vested when made and may only be
distributed under the same circumstances in which Deferral
Contributions may be distributed (i.e., death, disability, separation
from service, age 59 1/2, hardship, and termination of the Plan
without the establishment of a successor plan). In addition, prior to
the beginning of each Plan Year, the Employer must provide written
notice to all Active Participants of the Active Participants' rights
and obligations under the Plan.
(1) [_] In conjunction with its election of the safe harbor described
above, the Employer has elected to make Matching Employer
Contributions under Subsection 1.10 that are intended to meet the
requirements for deemed satisfaction of the "ACP" test with respect to
Matching Employer Contributions (i.e., (1) the percentage of Deferral
Contributions matched does not increase as the percentage of
Compensation contributed increases; (2) Highly Compensated Employees
are not provided a greater percentage match than Non-Highly
Compensated Employees; and (3) Deferral Contributions matched do not
exceed 6% of a Participant's Compensation.)
ADDENDUM
Re: PROTECTED IN-SERVICE WITHDRAWALS
for
Plan Name: Rose Hills Company 401(k) Savings Plan
(a) Other In-Service Withdrawal Provisions - In-service withdrawals from a
Participant's Accounts specified below shall be available to
Participants who satisfy the requirements also specified below:
ADDENDUM
Re: PROTECTED BENEFIT FORMS
for
Plan Name: Rose Hills Company 401(k) Savings Plan
(a) [_] Prior Plan Provided Life Annuity Form - The normal annuity form
for unmarried Participants is a_______________________________.
The normal annuity form for married Participants is a__________%
(must be at least 50%, but no more than 100%) "qualified joint
and survivor annuity".
(1) Class of Participants whose Accounts are subject to distribution
in the normal annuity form:
_____________________________________________________.
(2) The normal form of distribution under the Plan is:
(A) [_] A lump sum payment.
(B) [_] A "qualified joint and survivor annuity".
(3) The qualified preretirement survivor annuity provided to a
Participant's spouse is purchased with __________% (must be at
least 50%) of the Participant's Account.
(b) [_] Prior Plan Provided Other Optional Annuity Form(s) - The other
optional annuity forms available under the Plan are:
(1) Class of Participants whose Accounts are subject to distribution
in the optional annuity forms:
(c) [_] Prior Plan Provided Other Protected Form(s) - The other forms of
distribution available under the Plan are:
(1) Class of Participants whose Accounts are subject to distribution
in the other forms:
ADDENDUM
Re: GRANDFATHERED VESTING SCHEDULES
for
Plan Name: Rose Hills Company 401(k) Savings Plan
(a) Grandfather of More Favorable Vesting Schedule
(1) Prior vesting schedule:
_________________________________________________________
_________________________________________________________
_________________________________________________________
_________________________________________________________
_________________________________________________________
(2) Prior vesting schedule applies to Participants initially hired
prior to:
(b) [_] Additional Grandfather of More Favorable Vesting Schedule
(1) Prior vesting schedule:
_________________________________________________________
_________________________________________________________
_________________________________________________________
_________________________________________________________
_________________________________________________________
(2) Prior vesting schedule applies to Participants initially hired
prior to:
(c) [_] Additional Grandfather of More Favorable Vesting Schedule
(1) Prior vesting schedule:
_________________________________________________________
_________________________________________________________
_________________________________________________________
_________________________________________________________
_________________________________________________________
(2) Prior vesting schedule applies to Participants initially hired
prior to:
ADDENDUM
Re: 415 CORRECTION
for
Plan Name: Rose Hills Company 401(k) Savings Plan
---------------------------------------
(a) Other Formula for Limiting Annual Additions to Meet 415 - If the Employer,
or any employer required to be aggregated with the Employer under Code
Section 415, maintains any other qualified defined contribution plans or
any "welfare benefit fund", "individual medical account", or "simplified
medical account", annual additions to such plans shall be limited as
follows to meet the requirements of Code Section 415:
