Scott Electric Company Employees Retirement Plan Summary Plan Description
Scott Electric Company Employees Retirement Plan Summary Plan Description
ARTICLE I
PARTICIPATION IN THE PLAN
ARTICLE II
EMPLOYEE CONTRIBUTIONS
What are salary deferrals and how do I contribute them to the Plan? ..................................................................................................... 2
What are "rollover" contributions?........................................................................................................................................................... 3
ARTICLE III
EMPLOYER CONTRIBUTIONS
ARTICLE IV
COMPENSATION AND ACCOUNT BALANCE
ARTICLE V
VESTING
ARTICLE VI
DISTRIBUTIONS PRIOR TO TERMINATION AND HARDSHIP DISTRIBUTIONS
ARTICLE VII
BENEFITS AND DISTRIBUTIONS UPON TERMINATION OF EMPLOYMENT
1
What happens if I terminate employment at Normal Retirement Date? .................................................................................................. 9
What happens if I terminate employment due to disability? .................................................................................................................... 9
How will my benefits be paid to me?....................................................................................................................................................... 9
ARTICLE VIII
BENEFITS AND DISTRIBUTIONS UPON DEATH
ARTICLE IX
TAX TREATMENT OF DISTRIBUTIONS
What are my tax consequences when I receive a distribution from the Plan?....................................................................................... 11
Can I elect a rollover to reduce or defer tax on my distribution? ........................................................................................................... 11
ARTICLE X
PROTECTED BENEFITS AND CLAIMS PROCEDURES
ARTICLE XI
GENERAL INFORMATION ABOUT THE PLAN
Plan Name............................................................................................................................................................................................ 16
Plan Number ........................................................................................................................................................................................ 16
Plan Effective Dates ............................................................................................................................................................................. 16
Other Plan Information ......................................................................................................................................................................... 16
Employer Information ........................................................................................................................................................................... 16
Administrator Information ..................................................................................................................................................................... 17
Plan Trustee Information and Plan Funding Medium ............................................................................................................................ 17
2
SCOTT ELECTRIC COMPANY EMPLOYEES RETIREMENT PLAN
Scott Electric Company Employees Retirement Plan ("Plan") has been adopted to provide you with the opportunity to save for
retirement on a tax-advantaged basis. This Plan is a type of qualified retirement plan commonly referred to as a 401(k) Plan.
This Summary Plan Description ("SPD") contains information regarding when you may become eligible to participate in the Plan, your
Plan benefits, your distribution options, and many other features of the Plan. You should take the time to read this SPD to get a better
understanding of your rights and obligations under the Plan.
In this Summary, your Employer has addressed the most common questions you may have regarding the Plan. If this SPD does not
answer all of your questions, please contact the Administrator or other Plan representative. The Administrator is responsible for
responding to questions and making determinations related to the administration, interpretation, and application of the Plan. The
name and address of the Administrator can be found at the end of this SPD in the Article entitled "General Information About the
Plan."
This SPD describes the Plan's benefits and obligations as contained in the legal Plan document, which governs the operation of the
Plan. The Plan document is written in much more technical and precise language and is designed to comply with applicable legal
requirements. If the non-technical language in this SPD and the technical, legal language of the Plan document conflict, the Plan
document always governs. If you wish to receive a copy of the legal Plan document, please contact the Administrator.
The Plan and your rights under the Plan are subject to federal laws, such as the Employee Retirement Income Security Act (ERISA)
and the Internal Revenue Code, as well as some state laws. The provisions of the Plan are subject to revision due to a change in laws
or due to pronouncements by the Internal Revenue Service (IRS) or Department of Labor (DOL). Your Employer may also amend or
terminate this Plan. Your Employer will notify you if the provisions of the Plan that are described in this SPD change.
Types of contributions. The following types of contributions may be made under this Plan:
ARTICLE I
PARTICIPATION IN THE PLAN
Provided you are not an Excluded Employee, you may become a "Participant" in the Plan once you have satisfied the eligibility
requirements and reached your "Entry Date." The following describes the eligibility requirements and Entry Dates that apply. You
should contact the Administrator if you have questions about the timing of your Plan participation.
All Contributions
Excluded Employees. If you are a member of a class of employees identified below, you are an Excluded Employee and you
are not entitled to participate in the Plan. The Excluded Employees are:
Eligibility conditions. You will be eligible to participate in the Plan when you have satisfied the following eligibility condition(s).
However, you will actually become a Participant in the Plan once you reach the Entry Date as described below.
Entry Date. Your Entry Date will be the first day of the month coinciding with or next following the date you satisfy the eligibility
requirements.
811157 (12/18)
1
What service is counted for purposes of Plan eligibility?
Service with the Employer. In determining whether you satisfy the minimum service requirements to participate under the Plan, all
service you perform for the Employer will generally be counted.
Military service. If you are a veteran and are reemployed under the Uniformed Services Employment and Reemployment Rights Act
of 1994, your qualified military service may be considered service with the Employer. If you may be affected by this law, ask the
Administrator for further details.
What happens if I'm a Participant, terminate employment and then I'm rehired?
If you are no longer a Participant because you terminated employment, and you are rehired, then you will be able to participate in the
Plan on your date of rehire provided you are otherwise eligible to participate in the Plan.
ARTICLE II
EMPLOYEE CONTRIBUTIONS
What are salary deferrals and how do I contribute them to the Plan?
Salary deferrals. As a Participant under the Plan, you may elect to reduce your compensation by a specific percentage or dollar
amount and have that amount contributed to the Plan as a salary deferral. There are two types of salary deferrals: Pre-Tax 401(k)
deferrals and Roth 401(k) deferrals. For purposes of this SPD, "salary deferrals" generally means both Pre-Tax 401(k) deferrals and
Roth 401(k) deferrals. Regardless of the type of deferral you make, the amount you defer is counted as compensation for purposes of
Social Security taxes.
Pre-Tax 401(k) deferrals. If you elect to make Pre-Tax 401(k) deferrals, then your taxable income is reduced by the deferral
contributions so you pay less in federal income taxes. Later, when the Plan distributes the deferrals and earnings, you will pay
the taxes on those deferrals and the earnings. Therefore, with a Pre-Tax 401(k) deferral, federal income taxes on the deferral
contributions and on the earnings are only postponed. Eventually, you will have to pay taxes on these amounts.
Roth 401(k) deferrals. If you elect to make Roth 401(k) deferrals, the deferrals are subject to federal income taxes in the year of
deferral. However, the deferrals and, in most cases, the earnings on the deferrals are not subject to federal income taxes when
distributed to you. In order for the earnings to be tax free, you must meet certain conditions. See "What are my tax consequences
when I receive a distribution from the Plan?" below.
Deferral procedure. The amount you elect to defer will be deducted from your pay in accordance with a procedure established by the
Administrator. You may elect to defer a portion of your salary as of your Entry Date or on the first day of any prospective month. Such
election will become effective as soon as administratively feasible after it is received by the Administrator. Your election will generally
remain in effect until you modify or terminate it.
Deferral modifications. You are permitted to revoke your salary deferral election at any time during the Plan Year. You may make
any other modification on the first day of each month or in accordance with any other procedure that your Employer provides. Any
modification will become effective as soon as administratively feasible after it is received by the Administrator.
Deferral Limit. As a Participant, you may elect to defer a percentage of your compensation each year instead of receiving that
amount in cash. Such election will also apply to irregular pay (e.g., bonuses) unless a separate elective deferral election is made for
irregular pay. Your total deferrals in any taxable year may not exceed a dollar limit which is set by law. The limit for 2019 is $19,000.
After 2019, the dollar limit may increase for cost-of-living adjustments. See the paragraph below on Annual dollar limit. The
Administrator will notify you of the maximum percentage you may defer.
Catch-up contributions. If you are at least age 50 or will attain age 50 before the end of a calendar year, then you may elect to defer
additional amounts (called "catch-up contributions") to the Plan as of the January 1st of that year. The additional amounts may be
deferred regardless of any other limitations on the amount that you may defer to the Plan. The maximum "catch-up contribution" that
you can make in 2019 is $6,000. After 2019, the maximum may increase for cost-of-living adjustments. Any "catch-up contributions"
that you make will not be taken into account in determining any Employer matching contribution made to the Plan.
Automatic Deferral. The Plan includes an automatic salary deferral feature. Your Employer will automatically withhold a portion of
your compensation from your pay each payroll period and contribute that amount to the Plan as a Pre-Tax 401(k) deferral. The
Automatic Deferral provisions apply to all Participants, except those who have a salary deferral agreement in effect on the Automatic
Deferral provisions effective date.
Automatic Deferral provisions. The following provisions apply to these Automatic Deferrals:
You may complete a salary deferral agreement to elect an alternative deferral amount or to elect not to defer under the Plan
in accordance with the deferral procedures of the Plan. Your election will generally remain in effect until you modify or terminate
it.
The amount to be automatically withheld from your pay each payroll period will be equal to 1% of your compensation.
811157 (12/18)
2
Contact the Administrator if you have any questions concerning the application of this Automatic Deferral provision.
Annual dollar limit. You should also be aware that each separately stated annual dollar limit on the amount you may defer (the
annual deferral limit and the "catch-up contribution" limit) is a separate aggregate limit that applies to all such similar salary deferral
amounts and "catch-up contributions" you may make under this Plan and any other cash or deferred arrangements (including
tax-sheltered 403(b) annuity contracts, simplified employee pensions or other 401(k) plans) in which you may be participating.
Generally, if an annual dollar limit is exceeded, then the excess must be returned to you in order to avoid adverse tax consequences.
For this reason, it is desirable to request in writing that any such excess salary deferral amounts and "catch-up contributions" be
returned to you.
If you are in more than one plan, you must decide which plan or arrangement you would like to return the excess. If you decide that
the excess should be distributed from this Plan, you must communicate this in writing to the Administrator not later than the March 1st
following the close of the calendar year in which such excess deferrals were made. However, if the entire dollar limit is exceeded in
this Plan or any other plan your Employer maintains, then you will be deemed to have notified the Administrator of the excess. The
Administrator will then return the excess deferrals and any earnings to you by April 15th.
Allocation of deferrals. The Administrator will allocate the amount you elect to defer to an account maintained on your behalf. You
will always be 100% vested in this account (see the Article in this SPD entitled "Vesting"). This means that you will always be entitled
to all amounts that you defer. This money will, however, be affected by any investment gains or losses. If there is an investment gain,
then the balance in your account will increase. If there is an investment loss, then the balance in your account will decrease.
Distribution of deferrals. The rules regarding distributions of amounts attributable to your salary deferrals are explained later in this
SPD. However, if you are a highly compensated employee (generally more than 5% owners and certain family members (regardless
of how much they earn), or individuals receiving wages in excess of certain amounts established by law), a distribution of amounts
attributable to your salary deferrals or certain excess contributions may be required to comply with the law. The Administrator will
notify you when a distribution is required.
Rollover contributions. At the discretion of the Administrator, if you are a Participant who is currently employed or an Eligible
Employee, you may be permitted to deposit into the Plan distributions you have received from other retirement plans and certain
IRAs. Such a deposit is called a "rollover" contribution and may result in tax savings to you. You may ask the Administrator or Trustee
of the other plan or IRA to directly transfer (a "direct rollover") to this Plan all or a portion of any amount that you are entitled to receive
as a distribution from such plan. Alternatively, you may elect to deposit any amount eligible to be rolled over within 60 days of your
receipt of the distribution. You should consult qualified counsel to determine if a rollover is in your best interest.
Rollover account. Your "rollover" contribution will be accounted for in a "rollover account." You will always be 100% vested in your
"rollover account" (see the Article in this SPD entitled "Vesting"). This means that you will always be entitled to all amounts in your
"rollover account." Rollover contributions will be affected by any investment gains or losses.
Withdrawal of "rollover" contributions. You may withdraw the amounts in your "rollover account" at any time.
ARTICLE III
EMPLOYER CONTRIBUTIONS
In addition to any deferrals you elect to make, your Employer may make additional contributions to the Plan. This Article describes
Employer contributions that may be made to the Plan and how your share of the contribution is determined.
Matching contribution. Your Employer may make a discretionary matching contribution equal to a uniform percentage of your salary
deferrals. Each year, your Employer will determine the amount of the discretionary percentage. However, any salary deferrals that are
"catch-up contributions" will not be matched.
Limit on matching contribution. Your Employer has the option to apply the matching contribution by disregarding (i.e., not
matching) salary deferrals made each payroll period that exceed a certain dollar amount or a certain percentage of your
compensation for such period. The Administrator will inform you of this limit.
True-up contribution. Your Employer also has the discretion to true-up the matching contribution for the Plan Year. For example, if
your deferrals for a period exceed the amount that would be matched but do not exceed the amount if based on a full Plan Year (this
can happen when your deferral percentage changes during a year), then your Employer has the discretion to increase the match as
though it had been based on the full Plan Year.
Allocation conditions. You will always share in the matching contribution regardless of the amount of service you complete during
the Plan Year.
Profit sharing contribution. Each year, your Employer may make a discretionary profit sharing contribution to your account.
811157 (12/18)
3
Allocation conditions. You will always share in the profit sharing contribution regardless of the amount of service you complete
during the Plan Year.
Definition of forfeitures. In order to reward employees who remain employed with the Employer for a long period of time, the law
permits a "vesting schedule" to be applied to certain contributions that your Employer makes to the Plan. This means that you will not
be "vested" in (entitled to) all of the contributions until you have been employed with the Employer for a specified period of time (see
the Article entitled "Vesting"). If a Participant terminates employment before being fully vested, then the non-vested portion of the
Terminated Participant's account balance remains in the Plan and is called a forfeiture.
Allocation of forfeitures. The Employer may use forfeitures to pay Plan expenses or to reduce amounts otherwise required to be
contributed to the Plan.
ARTICLE IV
COMPENSATION AND ACCOUNT BALANCE
Definition of compensation. For the purposes of the Plan, compensation has a special meaning. Compensation is generally defined
as your total compensation that is subject to income tax and paid to you by your Employer during the Plan Year. In addition, salary
reductions to this Plan and to any other plan or arrangement (such as a cafeteria plan) will be included in Compensation. If you are a
self-employed individual, your compensation will be equal to your earned income. The following describes the adjustments to
compensation that may apply for the different types of contributions provided under the Plan.
All Contributions
compensation paid while not a Participant in the component of the Plan for which compensation is being used will be
excluded.
Salary Deferrals
Adjustments to compensation. In addition to adjustments to compensation under "All Contributions" above, the following
adjustments to compensation will be made for purposes of salary deferrals:
compensation paid after you terminate employment is generally excluded for Plan purposes. However, the following
amounts will be included in compensation even though they are paid after you terminate employment, provided these amounts
would otherwise have been considered compensation as described above and provided they are paid within 2 1/2 months after
you terminate employment, or if later, the last day of the Plan Year in which you terminate employment:
compensation for services performed during your regular working hours, or for services outside your regular working
hours (such as overtime or shift differential) or other similar payments that would have been made to you had you continued
employment
Adjustments to compensation. In addition to adjustments to compensation under "All Contributions" above, the following
adjustments to compensation will be made for purposes of matching contributions:
compensation paid after you terminate employment is generally excluded for Plan purposes. However, the following
amounts will be included in compensation even though they are paid after you terminate employment, provided these amounts
would otherwise have been considered compensation as described above and provided they are paid within 2 1/2 months after
you terminate employment, or if later, the last day of the Plan Year in which you terminate employment:
compensation for services performed during your regular working hours, or for services outside your regular working
hours (such as overtime or shift differential) or other similar payments that would have been made to you had you continued
employment
Adjustments to compensation. In addition to adjustments to compensation under "All Contributions" above, the following
adjustments to compensation will be made for purposes of profit sharing contributions:
811157 (12/18)
4
compensation paid after you terminate employment is generally excluded for Plan purposes. However, the following
amounts will be included in compensation even though they are paid after you terminate employment, provided these amounts
would otherwise have been considered compensation as described above and provided they are paid within 2 1/2 months after
you terminate employment, or if later, the last day of the Plan Year in which you terminate employment:
compensation for services performed during your regular working hours, or for services outside your regular working
hours (such as overtime or shift differential) or other similar payments that would have been made to you had you continued
employment
The Plan, by law, cannot recognize annual compensation in excess of a certain dollar limit. The limit for the Plan Year beginning in
2019 is $280,000. After 2019, the dollar limit may increase for cost-of-living adjustments.
Generally, the law imposes a maximum limit on the amount of contributions (excluding "catch-up contributions") that may be made to
your account and any other amounts allocated to any of your accounts during the Plan Year, excluding earnings. Beginning in 2019,
this total cannot exceed the lesser of $56,000 or 100% of your annual compensation. After 2019, the dollar limit may increase for
cost-of-living adjustments.
The Trustee of the Plan has been designated to hold the assets of the Plan for the benefit of Plan Participants and their beneficiaries
in accordance with the terms of this Plan. The Trust Fund established by the Plan's Trustee will be the funding medium used for the
accumulation of assets from which Plan benefits will be distributed.
Participant directed investments. You will be able to direct the investment of your entire interest in the Plan. The Administrator will
provide you with information on the investment choices available to you, the procedures for making investment elections, the
frequency with which you can change your investment choices and other important information. You need to follow the procedures for
making investment elections and you should carefully review the information provided to you before you give investment directions. If
you do not direct the investment of your applicable Plan accounts, then your accounts will be invested in accordance with the default
investment alternatives established under the Plan. These default investments will be made in accordance with specific rules under
which the fiduciaries of the Plan, including the Employer, the Trustee and the Administrator, will be relieved of any legal liability for any
losses resulting from the default investments. The Administrator has or will provide you with a separate notice which details these
default investments and your right to switch out of the default investment if you so desire.
The Plan is intended to comply with Section 404(c) of ERISA (the Employee Retirement Income Security Act). If the Plan complies
with Section 404(c), then the fiduciaries of the Plan, including your Employer, the Trustee and the Administrator, will be relieved of any
legal liability for any losses which are the direct and necessary result of the investment directions that you give.
Earnings or losses. When you direct investments, your accounts are segregated for purposes of determining the earnings or losses
on these investments. Your account does not share in the investment performance of other Participants who have directed their own
investments. You should remember that the amount of your benefits under the Plan will depend in part upon your choice of
investments. Gains as well as losses can occur and your Employer, the Administrator, and the Trustee will not provide investment
advice or guarantee the performance of any investment you choose.
Periodically, you will receive a benefit statement that provides information on your account balance and your investment returns. It is
your responsibility to notify the Administrator of any errors you see on any statements within 30 days after the statement is provided or
made available to you.
Expenses allocated to all accounts. The Plan permits the payment of Plan expenses to be made from the Plan's assets. If
expenses are paid using the Plan's assets, then the expenses will generally be allocated among the accounts of all Participants in the
Plan. These expenses will be allocated either proportionately based on the value of the account balances or as an equal dollar
amount based on the number of Participants in the Plan. The method of allocating the expenses depends on the nature of the
expense itself. For example, certain administrative (or recordkeeping) expenses would typically be allocated proportionately to each
Participant. If the Plan pays $1,000 in expenses and there are 100 Participants, your account balance would be charged $10
($1,000/100) of the expense.
Terminated employee. After you terminate employment, your Employer reserves the right to charge your account for your pro rata
share of the Plan's administration expenses, regardless of whether your Employer pays some of these expenses on behalf of current
employees.
Expenses allocated to individual accounts. There are certain other expenses that may be paid just from your account. These are
expenses that are specifically incurred by, or attributable to, you. For example, if you are married and get divorced, the Plan may incur
additional expenses if a court mandates that a portion of your account be paid to your ex-spouse. These additional expenses may be
paid directly from your account (and not the accounts of other Participants) because they are directly attributable to you under the
Plan. The Administrator will inform you when there will be a charge (or charges) directly to your account.
811157 (12/18)
5
Your Employer may, from time to time, change the manner in which expenses are allocated.
ARTICLE V
VESTING
In order to reward employees who remain employed with the Employer for a long period of time, the law permits a "vesting schedule"
to be applied to certain contributions that your Employer makes to the Plan. This means that you will not be entitled ("vested") in all of
the contributions until you have been employed with the Employer for a specified period of time.
100% vested contributions. You are always 100% vested (which means that you are entitled to all of the amounts) in your accounts
attributable to the following contributions:
"rollover" contributions
Vesting schedules. Your "vested percentage" for certain Employer contributions is based on vesting Periods of Service. This means
at the time you stop working, your account balance attributable to contributions subject to a vesting schedule is multiplied by your
vested percentage. The result, when added to the amounts that are always 100% vested as shown above, is your vested interest in
the Plan, which is what you will actually receive from the Plan.
Your "vested percentage" in your account attributable to profit sharing contributions is determined under the following schedule.
You will always, however, be 100% vested in your profit sharing contributions if you are employed on or after your Normal
Retirement Age or if you die or become disabled.
Vesting Schedule
Profit Sharing Contributions
Periods of Service Percentage
Less than 3 0%
3 100%
Your "vested percentage" in your account attributable to matching contributions is determined under the following schedule. You
will always, however, be 100% vested in your matching contributions if you are employed on or after your Normal Retirement Age
or if you die or become disabled.
Vesting Schedule
Matching Contributions
Periods of Service Percentage
Less than 3 0%
3 100%
Period of Service. You will be credited with a Period of Service for each twelve-month period from your date of employment until the
date you terminate employment. The Administrator will track your service and will credit you with a Period of Service in accordance
with the terms of the Plan. If you have any questions regarding your vesting service, you should contact the Administrator.
Service with the Employer. In calculating your vested percentage, all service you perform for the Employer will generally be
counted. However, there are some exceptions to this general rule.
Excluded vesting service - prior to the initial Effective Date. For purposes of matching contributions and profit sharing
contributions, Periods of Service prior to August 22, 1978, which is the initial Effective Date of the Plan, will not be counted for
vesting purposes.
Excluded vesting service - prior to age 18. For purposes of matching contributions and profit sharing contributions, Periods of
Service prior to the time you reached age 18 will not be counted for vesting purposes.
811157 (12/18)
6
Military service. If you are a veteran and are reemployed under the Uniformed Services Employment and Reemployment Rights Act
of 1994, your qualified military service may be considered service with the Employer. If you may be affected by this law, ask the
Administrator for further details.
If you have no vested interest in the Plan when you leave, your account balance will be forfeited. However, if you are rehired before
incurring five 1-Year Breaks in Service, your account balance as of your termination date will be restored, unadjusted for any gains or
losses.
If you are partially vested in your account balance when you leave, the non-vested portion of your account balance will be forfeited on
the earlier of the date:
If you received a distribution of your vested account balance and are rehired, you may have the right to repay this distribution. If you
repay the entire amount of the distribution, your Employer will restore your account balance with your forfeited amount. You must
repay this distribution within five years from your date of reemployment, or, if earlier, before you incur five 1-Year Breaks in Service. If
you were 100% vested when you left, you do not have the opportunity to repay your distribution.
Top-heavy plan. A retirement plan that primarily benefits "key employees" is called a "top-heavy plan." "Key employees" are certain
owners or officers of your Employer. A plan is generally a "top-heavy plan" when more than 60% of the plan assets are attributable to
"key employees." Each year, the Administrator is responsible for determining whether the Plan is a "top-heavy plan."
Top-heavy rules. If the Plan becomes top-heavy in any Plan Year, then non-key employees may be entitled to certain "top-heavy
minimum benefits," and other special rules will apply. These top-heavy rules include the following:
Your Employer may be required to make a contribution on your behalf in order to provide you with at least "top-heavy
minimum benefits."
If you are a Participant in more than one Plan, you may not be entitled to "top-heavy minimum benefits" under both Plans.
ARTICLE VI
DISTRIBUTIONS PRIOR TO TERMINATION AND HARDSHIP DISTRIBUTIONS
In-service distributions. You may be entitled to receive an in-service distribution. However, this distribution is not in addition to your
other benefits and will therefore reduce the value of the benefits you will receive at retirement. This distribution is made at your
election and will be made in accordance with the forms of distributions available under the Plan.
Conditions and limitations. Generally you may receive a distribution from the Plan from certain accounts prior to your termination of
employment provided you satisfy the condition described below:
Also, the law restricts any in-service distributions from certain accounts which are maintained for you under the Plan before you reach
age 59 1/2. These accounts are the ones set up to receive your salary deferral contributions and other Employer contributions which
are used to satisfy special rules for 401(k) plans. Ask the Administrator if you need more details.
Hardship distributions. You may withdraw money for financial hardship if you satisfy certain conditions. This hardship distribution is
not in addition to your other benefits and will therefore reduce the value of the benefits you will receive at retirement.
Qualifying expenses. A hardship distribution may be made to satisfy certain immediate and heavy financial needs that you have.
Generally, a hardship distribution may only be made for payment of the following:
expenses for medical care (described in Section 213(d) of the Internal Revenue Code) previously incurred by you, your
spouse or your dependents or necessary for you, your spouse or your dependents to obtain medical care.
costs directly related to the purchase of your principal residence (excluding mortgage payments).
tuition, related educational fees, and room and board expenses for the next twelve (12) months of post-secondary education
for yourself, your spouse or your dependents.
811157 (12/18)
7
amounts necessary to prevent your eviction from your principal residence or foreclosure on the mortgage of your principal
residence.
payments for burial or funeral expenses for your deceased parent, spouse, children or other dependents.
expenses for the repair of damage to your principal residence that would qualify for the casualty deduction under the Internal
Revenue Code.
Conditions. A hardship distribution can only be made if there is an immediate and heavy financial need. In addition to the expenses
listed above, a hardship distribution can be made to pay any federal, state, or local income taxes or penalties reasonably anticipated
to result from a hardship distribution. The Administrator must determine, based on all relevant facts and circumstances, whether you
have other resources available to satisfy the financial need. For this purpose, your resources will generally include property which is
owned by your spouse or minor children. You will be asked to certify and provide other documentation as may be necessary to show
that the need cannot be met by one of the following alternatives:
(b) By selling or otherwise liquidating your assets in a reasonable manner, but only if doing so would not itself increase the
amount of the need;
(d) By borrowing money from a bank or other commercial lender on terms that would be considered commercially reasonable,
but only if doing so would not itself increase the amount of the need; or
(e) By electing to receive a distribution or loan from any other qualified retirement plan in which you are or were a participant,
but only if doing so would not itself increase the amount of the need.
Account restrictions. You may request a hardship distribution only from the vested portion of the following accounts:
In addition, there are restrictions placed on hardship distributions which are made from certain accounts. The earnings on your salary
deferrals and Employer contributions which are used to satisfy special rules that apply to 401(k) plans, may not be distributed to you
on account of a hardship. Ask the Administrator if you need further details.
ARTICLE VII
BENEFITS AND DISTRIBUTIONS UPON TERMINATION OF EMPLOYMENT
You may receive a distribution of the vested portion of some or all of your accounts in the Plan for the following reasons:
normal retirement
disability
death
This Plan is designed to provide you with retirement benefits. However, distributions are permitted if you die or become disabled. In
addition, certain payments are permitted when you terminate employment for any other reason. The rules under which you can
receive a distribution are described in this Article. The rules regarding the payment of death benefits to your beneficiary are described
in "Benefits and Distributions Upon Death."
You may also receive distributions while you are still employed with the Employer. (See the Article entitled "Distributions Prior to
Termination and Hardship Distributions" for a further explanation.)
Military service. If you are a veteran and are reemployed under the Uniformed Services Employment and Reemployment Rights Act
of 1994, your qualified military service may be considered service with the Employer. There may also be benefits for employees who
die or become disabled while on active duty. Employees who receive wage continuation payments while in the military may benefit
from various changes in the law. If you think you may be affected by these rules, ask the Administrator for further details.
811157 (12/18)
8
What happens if I terminate employment before death, disability or retirement?
If your employment terminates for reasons other than death, disability or normal retirement, you will be entitled to receive only the
"vested percentage" of your account balance.
You may elect to have your vested account balance distributed to you as soon as administratively feasible upon termination, the Plan
will limit distributions of the Profit Sharing source to Normal Retirement Age (NRA) of 62. Participants may distribute all other sources
prior to NRA upon termination. However, if the value of your vested account balance does not exceed $5,000, then a distribution will
be made to you regardless of whether you consent to receive it. (See the question entitled "How will my benefits be paid to me?" for
additional information.)
Treatment of "rollover" contributions for consent to distribution. In determining if the value of your vested account balance
exceeds the $5,000 threshold described above used to determine whether you must consent to a distribution, your "rollover account"
will be considered as part of your benefit.
Normal Retirement Date. You will attain your Normal Retirement Age when you reach age 62. Your Normal Retirement Date is the
first day of the month coinciding with or next following your Normal Retirement Age.
Payment of benefits. You will become 100% vested in all of your accounts under the Plan once you attain your Normal Retirement
Age. However, the actual payment of benefits generally will not begin until you have terminated employment and reached your
Normal Retirement Date. In such event, a distribution will be made, at your election, as soon as administratively feasible. If you
remain employed past your Normal Retirement Date, you may generally defer the receipt of benefits until you actually terminate
employment. In such event, benefit payments will begin as soon as feasible at your request, but generally not later than age 70 1/2.
(See the question entitled "How will my benefits be paid to me?" for an explanation of how these benefits will be paid.)
Definition of disability. Under the Plan, disability is defined as a physical or mental condition resulting from bodily injury, disease, or
mental disorder which renders you incapable of continuing any gainful occupation and which has lasted or can be expected to last for
a continuous period of at least twelve (12) months. Your disability must be determined by a licensed physician. However, if your
condition constitutes total disability under the federal Social Security Act, then the Administrator may deem that you are disabled for
purposes of the Plan.
Payment of benefits. If you become disabled while an employee, you will become 100% vested in all of your accounts under the
Plan. Payment of your disability benefits will be made to you as if you had retired. However, if the value of your account balance does
not exceed $5,000, then a distribution of your account balance will be made to you, regardless of whether you consent to receive it.
(See the question entitled "How will my benefits be paid to me?" for an explanation of how these benefits will be paid.)
Forms of distribution. If your vested account balance does not exceed $5,000, then your vested account balance may only be
distributed to you in a single lump-sum payment. In determining whether your vested account balance exceeds the $5,000 threshold,
"rollover" contributions (and any earnings allocable to "rollover" contributions) will be taken into account.
In addition, if your vested account balance exceeds $5,000, you must consent to any distribution before it may be made. If your
vested account balance exceeds $5,000, you may elect to receive a distribution of your vested account balance in:
installments over a period of not more than your assumed life expectancy (or the assumed life expectancies of you and your
beneficiary)
partial withdrawals or installments but only with respect to minimum required distributions, over a period of not more than
your assumed life expectancy (or the assumed life expectancies of you and your beneficiary). (See below "Delaying
distributions." for an explanation of minimum required distributions.)
Delaying distributions. You may delay the distribution of your vested account balance unless a distribution is required to be made,
as explained earlier, because your vested account balance does not exceed $5,000. However, if you elect to delay the distribution of
your vested account balance, there are rules that require that certain minimum distributions be made from the Plan. If you are a 5%
owner, distributions are required to begin not later than the April 1st following the end of the year in which you reach age 70 1/2. If you
are not a 5% owner, distributions are required to begin not later than the April 1st following the later of the end of the year in which
you reach age 70 1/2 or retire. You should contact the Administrator if you think you may be affected by these rules.
Medium of payment. Benefits under the Plan will generally be paid to you in cash only.
811157 (12/18)
9
ARTICLE VIII
BENEFITS AND DISTRIBUTIONS UPON DEATH
If you die while still employed by the Employer, then your vested account balance will be used to provide your beneficiary with a death
benefit.
Married Participant. If you are married at the time of your death, your spouse will be the beneficiary of the entire death benefit unless
an election is made to change the beneficiary. IF YOU WISH TO DESIGNATE A BENEFICIARY OTHER THAN YOUR SPOUSE,
YOUR SPOUSE (IF YOU ARE MARRIED) MUST IRREVOCABLY CONSENT TO WAIVE ANY RIGHT TO THE DEATH BENEFIT.
YOUR SPOUSE'S CONSENT MUST BE IN WRITING, BE WITNESSED BY A NOTARY OR A PLAN REPRESENTATIVE AND
ACKNOWLEDGE THE SPECIFIC NONSPOUSE BENEFICIARY.
If you are married and you change your designation, then your spouse must again consent to the change. In addition, you may elect a
beneficiary other than your spouse without your spouse's consent if your spouse cannot be located.
Unmarried Participant. If you are not married, you may designate a beneficiary on a form to be supplied to you by the Administrator.
Divorce. If you have designated your spouse as your beneficiary for all or a part of your death benefit, then upon your divorce, the
designation is no longer valid. This means that if you do not select a new beneficiary after your divorce, then you are treated as not
having a beneficiary for that portion of the death benefit (unless you have remarried).
No beneficiary designation. At the time of your death, if you have not designated a beneficiary or your beneficiary is also not alive,
the death benefit will be paid in the following order of priority to:
(b) your children, including adopted children in equal shares (and if a child is not living, that child's share will be distributed to
that child's heirs)
Form of distribution. If the death benefit payable to a beneficiary does not exceed $5,000, then the benefit may only be paid as a
lump-sum. If the death benefit exceeds $5,000, your beneficiary may elect to have the death benefit paid in:
installments over a period of not more than the assumed life expectancy of your beneficiary
partial withdrawals or installments that do not exceed the limitations on when the entire death benefit must be paid. (See
below "When must the last payment be made to my beneficiary?")
The law generally restricts the ability of a retirement plan to be used as a method of retaining money for purposes of your death
estate. Thus, there are rules that are designed to ensure that death benefits are distributable to beneficiaries within certain time
periods.
Regardless of the method of distribution selected, if your designated beneficiary is a person (rather than your estate or some trusts)
then minimum distributions of your death benefit will begin by the end of the year following the year of your death ("1-year rule") and
must be paid over a period not extending beyond your beneficiary's life expectancy. If your spouse is the beneficiary, then under the
"1-year rule," the start of payments will be delayed until the year in which you would have attained age 70 1/2 unless your spouse
elects to begin distributions over his or her life expectancy before then. However, instead of the "1-year rule" your beneficiary may
elect to have the entire death benefit paid by the end of the fifth year following the year of your death (the "5-year rule"). Generally, if
your beneficiary is not a person, your entire death benefit must be paid under the "5-year rule."
Since your spouse has certain rights to the death benefit, you should immediately report any change in your marital status to the
Administrator.
811157 (12/18)
10
What happens if I'm a Participant, terminate employment and die before receiving all my benefits?
If you terminate employment with the Employer and subsequently die, your beneficiary will be entitled to your remaining interest in the
Plan at the time of your death. The provision in the Plan providing for full vesting of your benefit upon death does not apply if you die
after terminating employment.
ARTICLE IX
TAX TREATMENT OF DISTRIBUTIONS
What are my tax consequences when I receive a distribution from the Plan?
Generally, you must include any Plan distribution in your taxable income in the year in which you receive the distribution. The tax
treatment may also depend on your age when you receive the distribution. Certain distributions made to you when you are under age
59 1/2 could be subject to an additional 10% tax.
You will not be taxed on distributions of your Roth 401(k) deferrals. In addition, a distribution of the earnings on the Roth 401(k)
deferrals will not be subject to tax if the distribution is a "qualified distribution." A "qualified distribution" is one that is made after you
have attained age 59 1/2 or is made on account of your death or disability. In addition, in order to be a "qualified distribution," the
distribution cannot be made prior to the expiration of a 5-year participation period. The 5-year participation period is the 5-year period
beginning on the calendar year in which you first make a Roth 401(k) deferral to our Plan (or to another 401(k) plan or 403(b) plan if
such amount was rolled over into our Plan) and ending on the last day of the calendar year that is 5 years later.
Rollover or direct transfer. You may reduce, or defer entirely, the tax due on your distribution through use of one of the following
methods:
60-day rollover. The rollover of all or a portion of the distribution to an individual retirement account or annuity (IRA) or another
employer retirement plan willing to accept the rollover. This will result in no tax being due until you begin withdrawing funds from
the IRA or other qualified employer plan. The rollover of the distribution, however, MUST be made within strict time frames
(normally, within 60 days after you receive your distribution). Under certain circumstances, all or a portion of a distribution (such
as a hardship distribution) may not qualify for this rollover treatment. In addition, most distributions will be subject to mandatory
federal income tax withholding at a rate of 20%. This will reduce the amount you actually receive. For this reason, if you wish to
roll over all or a portion of your distribution amount, then the direct transfer option described below would be the better choice.
Direct rollover. For most distributions, you may request that a direct transfer (sometimes referred to as a "direct rollover") of all
or a portion of a distribution be made to either an individual retirement account or annuity (IRA) or another employer retirement
plan willing to accept the transfer. A direct transfer will result in no tax being due until you withdraw funds from the IRA or other
employer plan. Like the rollover, under certain circumstances all or a portion of the amount to be distributed may not qualify for
this direct transfer. If you elect to actually receive the distribution rather than request a direct transfer, then in most cases 20% of
the distribution amount will be withheld for federal income tax purposes.
Automatic IRA rollover. If a mandatory distribution is being made to you because your vested interest in the Plan exceeds $1,000
but does not exceed $5,000, then the Plan will rollover your distribution to an IRA if you do not make an affirmative election to either
receive or roll over the distribution. The IRA provider selected by the Plan will invest the rollover funds in a type of investment
designed to preserve principal and provide a reasonable rate of return and liquidity (e.g., an interest-bearing account, a certificate of
deposit or a money market fund). The IRA provider will charge your account for any expenses associated with the establishment and
maintenance of the IRA and with the IRA investments. You may transfer the IRA funds to any other IRA you choose. You will be
provided with details regarding the IRA at the time you are entitled to a distribution. However, you may contact the Administrator at the
address and telephone number indicated in this SPD for further information regarding the Plan's automatic rollover provisions, the IRA
provider, and the fees and expenses associated with the IRA.
Tax notice. WHENEVER YOU RECEIVE A DISTRIBUTION THAT IS AN ELIGIBLE ROLLOVER DISTRIBUTION, THE
ADMINISTRATOR WILL DELIVER TO YOU A MORE DETAILED EXPLANATION OF THESE OPTIONS. HOWEVER, THE RULES
WHICH DETERMINE WHETHER YOU QUALIFY FOR FAVORABLE TAX TREATMENT ARE VERY COMPLEX. YOU SHOULD
CONSULT WITH QUALIFIED TAX COUNSEL BEFORE MAKING A CHOICE.
ARTICLE X
PROTECTED BENEFITS AND CLAIMS PROCEDURES
As a general rule, your interest in your account, including your "vested interest," may not be alienated. This means that your interest
may not be sold, used as collateral for a loan, given away or otherwise transferred. In addition, your creditors (other than the IRS) may
not attach, garnish or otherwise interfere with your benefits under the Plan.
There are three exceptions to this general rule. The Administrator must honor a "qualified domestic relations order." A "qualified
domestic relations order" is defined as a decree or order issued by a court that obligates you to pay child support or alimony, or
811157 (12/18)
11
otherwise allocates a portion of your assets in the Plan to your spouse, former spouse, children or other dependents. If a "qualified
domestic relations order" is received by the Administrator, all or a portion of your benefits may be used to satisfy that obligation. The
Administrator will determine the validity of any domestic relations order received. You and your beneficiaries can obtain from the
Administrator, without charge, a copy of the procedure used by the Administrator to determine whether a "qualified domestic relations
order" is valid.
The second exception applies if you are involved with the Plan's operation. If you are found liable for any action that adversely affects
the Plan, the Administrator can offset your benefits by the amount that you are ordered or required by a court to pay the Plan. All or a
portion of your benefits may be used to satisfy any such obligation to the Plan.
The last exception applies to federal tax levies and judgments. The federal government is able to use your interest in the Plan to
enforce a federal tax levy and to collect a judgment resulting from an unpaid tax assessment.
Your Employer has the right to amend the Plan at any time. In no event, however, will any amendment authorize or permit any part of
the Plan assets to be used for purposes other than the exclusive benefit of Participants or their beneficiaries. Additionally, no
amendment will cause any reduction in the amount credited to your account.
Although your Employer intends to maintain the Plan indefinitely, your Employer reserves the right to terminate the Plan at any time.
Upon termination, no further contributions will be made to the Plan and all amounts credited to your accounts will become 100%
vested. Your Employer will direct the distribution of your accounts in a manner permitted by the Plan as soon as practicable. (See the
question entitled "How will my benefits be paid to me?" for a further explanation.) You will be notified if the Plan is terminated.
You may file a claim for benefits by submitting a written request for benefits to the Plan Administrator. You should contact the Plan
Administrator to see if there is an applicable distribution form that must be used. If no specific form is required or available, then your
written request for a distribution will be considered a claim for benefits. In the case of a claim for disability benefits, if disability is
determined by the Plan Administrator (rather than by a third party such as the Social Security Administration), then you must also
include with your claim sufficient evidence to enable the Plan Administrator to make a determination on whether you are disabled.
Decisions on the claim will be made within a reasonable period of time appropriate to the circumstances. "Days" means calendar
days. If the Plan Administrator determines the claim is valid, then you will receive a statement describing the amount of benefit, the
method or methods of payment, the timing of distributions and other information relevant to the payment of the benefit.
For purposes of the claims procedures described below, "you" refers to you, your authorized representative, or anyone else entitled to
benefits under the Plan (such as a beneficiary). A document, record, or other information will be considered relevant to a claim if it:
was submitted, considered, or generated in the course of making the benefit determination, without regard to whether it was
relied upon in making the benefit determination;
demonstrated compliance with the administrative processes and safeguards designed to ensure and to verify that benefit
determinations are made in accordance with Plan documents and Plan provisions have been applied consistently with
respect to all claimants; or
constituted a statement of policy or guidance with respect to the Plan concerning the denied treatment option or benefit.
The Plan may offer additional voluntary appeal and/or mandatory arbitration procedures other than those described below. If
applicable, the Plan will not assert that you failed to exhaust administrative remedies for failure to use the voluntary procedures, any
statute of limitations or other defense based on timeliness is tolled during the time a voluntary appeal is pending; and the voluntary
process is available only after exhaustion of the appeals process described in this section. If mandatory arbitration is offered by the
Plan, the arbitration must be conducted instead of the appeal process described in this section, and you are not precluded from
challenging the decision under ERISA §501(a) or other applicable law.
Your request for Plan benefits will be considered a claim for Plan benefits, and it will be subject to a full and fair review. If your claim is
wholly or partially denied, the Administrator will provide you with a written or electronic notification of the Plan's adverse determination.
This written or electronic notification must be provided to you within a reasonable period of time, but not later than 90 days (except as
provided below for disability claims) after the receipt of your claim by the Administrator, unless the Administrator determines that
special circumstances require an extension of time for processing your claim. If the Administrator determines that an extension of time
for processing is required, written notice of the extension will be furnished to you prior to the termination of the initial 90-day period. In
no event will such extension exceed a period of 90 days from the end of such initial period. The extension notice will indicate the
special circumstances requiring an extension of time and the date by which the Plan expects to render the benefit determination.
811157 (12/18)
12
In the case of a claim for disability benefits, if disability is determined by the Plan Administrator (rather than a third party such as the
Social Security Administration), then instead of the above, the initial claim must be resolved within 45 days of receipt by the Plan. A
Plan may, however, extend this decision-making period for an additional 30 days for reasons beyond the control of the Plan. The Plan
will notify you of the extension prior to the end of the 45-day period. If, after extending the time period for a first period of 30 days, the
Plan Administrator determines that it will still be unable, for reasons beyond the control of the Plan, to make a decision within the
extension period, the Plan may extend decision making for a second 30-day period. Appropriate notice will be provided to you before
the end of the first 45 days and again before the end of each succeeding 30-day period. This notice will explain the circumstances
requiring the extension and the date the Plan Administrator expects to render a decision. It will explain the standards on which
entitlement to the benefits is based, the unresolved issues that prevent a decision, the additional issues that prevent a decision, and
the additional information needed to resolve the issues. You will have 45 days from the date of receipt of the Plan Administrator’s
notice to provide the information required.
If the Plan Administrator determines that all or part of the claim should be denied (an "adverse benefit determination"), it will provide a
notice of its decision in written or electronic form explaining your appeal rights. An "adverse benefit determination" also includes a
rescission, which is a retroactive cancellation or termination of entitlement to disability benefits. The notice will be provided in a
culturally and linguistically appropriate manner and will state:
(b) Reference to the specific Plan provisions on which the determination was based.
(c) A description of any additional material or information necessary for you to perfect the claim and an explanation of why such
material or information is necessary.
(d) A description of the Plan's review procedures and the time limits applicable to such procedures. This will include a statement
of your right to bring a civil action under section 502(a) of ERISA following an adverse benefit determination on review.
(e) In the case of a claim for disability benefits if disability is determined by the Plan Administrator (rather than a third party such
as the Social Security Administration), then the following additional information will be provided:
(i) A discussion of the decision, including an explanation of the basis for disagreeing with or not following:
The views you presented to the Plan of health care professionals treating the claimant and vocational
professionals who evaluated you;
The views of medical or vocational experts whose advice was obtained on behalf of the Plan in connection with an
adverse benefit determination, without regard to whether the advice was relied upon in making the benefit
determination; or
A disability determination made by the Social Security Administration and presented by you to the Plan.
(ii) Either the internal rules, guidelines, protocols, or other similar criteria relied upon to make a determination, or a
statement that such rules, guidelines, protocols, or other criteria do not exist.
(iii) If the adverse benefit determination is based on a medical necessity or experimental treatment and/or investigational
treatment or similar exclusion or limit, an explanation of the scientific or clinical judgment for the determination, applying the
terms of the Plan to your medical circumstances. If this is not practical, a statement will be included that such explanation
will be provided to you free of charge, upon request.
(iv) A statement that you are entitled to receive, upon request and free of charge, reasonable access to, and copies of, all
documents, records, and other information relevant to the claim.
If your claim has been denied, and you want to submit your claim for review, you must follow the Claims Review Procedure in the next
question.
Upon the denial of your claim for benefits, you may file your claim for review, in writing, with the Administrator.
(a) YOU MUST FILE THE CLAIM FOR REVIEW NOT LATER THAN 60 DAYS (EXCEPT AS PROVIDED BELOW FOR
DISABILITY CLAIMS) AFTER YOU HAVE RECEIVED WRITTEN NOTIFICATION OF THE DENIAL OF YOUR CLAIM FOR
BENEFITS.
IF YOUR CLAIM IS FOR DISABILITY BENEFITS AND DISABILITY IS DETERMINED BY THE PLAN ADMINISTRATOR
(RATHER THAN A THIRD PARTY SUCH AS THE SOCIAL SECURITY ADMINISTRATION), THEN INSTEAD OF THE ABOVE,
YOU MUST FILE THE CLAIM FOR REVIEW NOT LATER THAN 180 DAYS FOLLOWING RECEIPT OF NOTIFICATION OF AN
ADVERSE BENEFIT DETERMINATION. IN THE CASE OF AN ADVERSE BENEFIT DETERMINATION REGARDING A
RESCISSION OF COVERAGE, YOU MUST REQUEST A REVIEW WITHIN 90 DAYS OF THE NOTICE.
(b) You may submit written comments, documents, records, and other information relating to your claim for benefits.
811157 (12/18)
13
(c) You will be provided, upon request and free of charge, reasonable access to, and copies of, all documents, records, and
other information relevant to your claim for benefits.
(d) Your claim for review must be given a full and fair review. This review will take into account all comments, documents,
records, and other information submitted by you relating to your claim, without regard to whether such information was submitted
or considered in the initial benefit determination.
In addition to the Claims Review Procedure above, if your claim is for disability benefits and disability is determined by the Plan
Administrator (rather than a third party such as the Social Security Administration), then:
(a) Your claim will be reviewed without deference to the initial adverse benefit determination and the review will be conducted
by an appropriate named fiduciary of the Plan who is neither the individual who made the adverse benefit determination that is
the subject of the appeal, nor the subordinate of such individual.
(b) If the initial adverse benefit determination was based on a medical judgment, including determinations with regard to
whether a particular treatment, drug, or other item is experimental, investigational, or not medically necessary or appropriate, the
fiduciary will consult with a health care professional who was neither involved in or subordinate to the person who made the
original benefit determination. This health care professional will have appropriate training and experience in the field of medicine
involved in the medical judgment. Additionally, medical or vocational experts whose advice was obtained on behalf of the Plan in
connection with the initial determination will be identified.
(c) Any medical or vocational experts whose advice was obtained on behalf of the Plan in connection with your adverse benefit
determination will be identified, without regard to whether the advice was relied upon in making the benefit determination.
(d) If the Plan considers, relies upon or creates any new or additional evidence during the review of the adverse benefit
determination, the Plan will provide such new or additional evidence to you, free of charge, as soon as possible and sufficiently in
advance of the time within which a determination on review is required to allow you time to respond.
(e) Before the Plan issues an adverse benefit determination on review that is based on a new or additional rationale, the Plan
Administrator must provide you with a copy of the rationale at no cost to you. The rationale must be provided as soon as possible
and sufficiently in advance of the time within which a final determination on appeal is required to allow you time to respond.
The Administrator will provide you with written or electronic notification of the Plan's benefit determination on review. The
Administrator must provide you with notification of this denial within 60 days (45 days with respect to claims relating to the
determination of disability benefits) after the Administrator's receipt of your written claim for review, unless the Administrator
determines that special circumstances require an extension of time for processing your claim. In such a case, you will be notified,
before the end of the initial review period, of the special circumstances requiring the extension and the date a decision is expected. If
an extension is provided, the Plan Administrator must notify you of the determination on review no later than 120 days (or 90 days
with respect to claims relating to the determination of disability benefits).
The Plan Administrator will provide written or electronic notification to you in a culturally and linguistically appropriate manner. If the
initial adverse benefit determination is upheld on review, the notice will include:
(b) Reference to the specific Plan provisions on which the benefit determination was based.
(c) A statement that you are entitled to receive, upon request and free of charge, reasonable access to, and copies of, all
documents, records, and other information relevant to your claim for benefits.
(d) In the case of a claim for disability benefits, if disability is determined by the Plan Administrator (rather than a third party
such as the Social Security Administration):
(i) Either the specific internal rules, guidelines, protocols, or other similar criteria relied upon to make the determination, or
a statement that such rules, guidelines, protocols, or criteria do not exist.
(ii) If the adverse benefit determination is based on a medical necessity or experimental treatment and/or investigational
treatment or similar exclusion or limit, an explanation of the scientific or clinical judgment for the determination, applying the
terms of the Plan to your medical circumstances. If this is not practical, a statement will be included that such explanation
will be provided to you free of charge, upon request.
(iii) A statement of your right to bring a civil action under section 502(a) of ERISA and, if the Plan imposes a contractual
limitations period that applies to your right to bring such an action, a statement to that effect which includes the calendar
date on which such limitation expires on the claim.
If the Plan offers voluntary appeal procedures, a description of those procedures and your right to obtain sufficient
information about those procedures upon request to enable you to make an informed decision about whether to submit to
such voluntary appeal. These procedures will include a description of your right to representation, the process for selecting
the decision maker and the circumstances, if any, that may affect the impartiality of the decision maker. No fees or costs will
811157 (12/18)
14
be imposed on you as part of the voluntary appeal. A decision whether to use the voluntary appeal process will have no
effect on your rights to any other Plan benefits.
(iv) A discussion of the decision, including an explanation of the basis for disagreeing with or not following:
the views presented by the claimant to the Plan of health care professionals treating you and vocational
professionals who evaluated you;
the views of medical or vocational experts whose advice was obtained on behalf of the Plan in connection with an
adverse benefit determination, without regard to whether the advice was relied upon in making the benefit
determination; or
a disability determination made by the Social Security Administration and presented by you to the Plan.
If you have a claim for benefits which is denied, then you may file suit in a state or federal court. However, in order to do so, you must
file the suit not later than 180 days after the Administrator makes a final determination to deny your claim.
As a Participant in the Plan you are entitled to certain rights and protections under the Employee Retirement Income Security Act of
1974 (ERISA). ERISA provides that all Plan Participants are entitled to:
(a) Examine, without charge, at the Administrator's office and at other specified locations, all documents governing the Plan and
a copy of the latest annual report (Form 5500 Series) filed by the Plan with the U.S. Department of Labor and available at the
Public Disclosure Room of the Employee Benefits Security Administration.
(b) Obtain, upon written request to the Administrator, copies of documents governing the operation of the Plan, including
insurance contracts and collective bargaining agreements, and copies of the latest annual report (Form 5500 Series) and
updated Summary Plan Description. The Administrator may make a reasonable charge for the copies.
(c) Receive a summary of the Plan's annual financial report. The Administrator is required by law to furnish each Participant
with a copy of this summary annual report.
In addition to creating rights for Plan Participants, ERISA imposes duties upon the people who are responsible for the operation of the
Plan. The people who operate your Plan, called "fiduciaries" of the Plan, have a duty to do so prudently and in the interest of you and
other Plan Participants and beneficiaries. No one, including your Employer or any other person, may fire you or otherwise discriminate
against you in any way to prevent you from obtaining a pension benefit or exercising your rights under ERISA.
If your claim for a pension benefit is denied or ignored, in whole or in part, you have a right to know why this was done, to obtain
copies of documents relating to the decision without charge, and to appeal any denial, all within certain time schedules.
Under ERISA, there are steps you can take to enforce the above rights. For instance, if you request a copy of Plan documents or the
latest annual report from the Plan and do not receive them within 30 days, you may file suit in a federal court. In such a case, the
court may require the Administrator to provide the materials and pay you up to $110.00 a day until you receive the materials, unless
the materials were not sent because of reasons beyond the control of the Administrator.
If you have a claim for benefits which is denied or ignored, in whole or in part, you may file suit in a state or federal court. In addition, if
you disagree with the Plan's decision or lack thereof concerning the qualified status of a domestic relations order or a medical child
support order, you may file suit in federal court. You and your beneficiaries can obtain, without charge, a copy of the "qualified
domestic relations order" (QDRO) procedures from the Administrator.
If it should happen that the Plan's fiduciaries misuse the Plan's money, or if you are discriminated against for asserting your rights,
you may seek assistance from the U.S. Department of Labor, or you may file suit in a federal court. The court will decide who should
pay court costs and legal fees. If you are successful, the court may order the person you have sued to pay these costs and fees. The
court may order you to pay these costs and fees if you lose or if, for example, it finds your claim is frivolous.
If you have any questions about the Plan, you should contact the Administrator. If you have any questions about this statement or
about your rights under ERISA, or if you need assistance in obtaining documents from the Administrator, you should contact the
nearest office of the Employee Benefits Security Administration, U.S. Department of Labor, listed in the telephone directory or the
Division of Technical Assistance and Inquiries, Employee Benefits Security Administration, U.S. Department of Labor, 200
Constitution Avenue, N.W., Washington, D.C. 20210. You may also obtain certain publications about your rights and responsibilities
under ERISA by calling the publications hotline of the Employee Benefits Security Administration.
ARTICLE XI
GENERAL INFORMATION ABOUT THE PLAN
There is certain general information which you may need to know about the Plan. This information has been summarized for you in
this Article.
811157 (12/18)
15
Plan Name
The full name of the Plan is Scott Electric Company Employees Retirement Plan.
Plan Number
Effective Date. This Plan was originally effective on August 22, 1978. The amended and restated provisions of the Plan become
effective on March 15, 2017.
Valuation date. Valuations of the Plan assets are generally made every business day. Certain distributions are based on the
Anniversary Date of the Plan. This date is the last day of the Plan Year.
Plan Year. The Plan's records are maintained on a twelve-month period of time. This is known as the Plan Year. The Plan Year
begins on January 1st and ends on December 31st, except for the short Plan Year which begins on September 1, 2017 and ends on
December 31, 2017.
The Plan and Trust will be governed by the laws of Pennsylvania to the extent not governed by federal law.
Benefits provided by the Plan are NOT insured by the Pension Benefit Guaranty Corporation (PBGC) under Title IV of the Employee
Retirement Income Security Act of 1974 because the insurance provisions under ERISA are not applicable to this type of Plan.
Service of legal process may be made upon your Employer. Service of legal process may also be made upon the Trustee or
Administrator.
Employer Information
The Plan allows other employers to adopt its provisions. Other Employers who have adopted the provisions of the Plan are:
25-1702443
27-0327393
25-1722339
26-2665022
25-2908640
811157 (12/18)
16
Administrator Information
The Administrator is responsible for the day-to-day administration and operation of the Plan. For example, the Administrator maintains
the Plan records, including your account information, provides you with the forms you need to complete for Plan participation, and
directs the payment of your account at the appropriate time. The Administrator will also allow you to review the formal Plan document
and certain other materials related to the Plan. If you have any questions about the Plan or your participation, you should contact the
Administrator. The Administrator may designate other parties to perform some duties of the Administrator.
The Administrator has the complete power, in its sole discretion, to determine all questions arising in connection with the
administration, interpretation, and application of the Plan (and any related documents and underlying policies). Any such
determination by the Administrator is conclusive and binding upon all persons.
All money that is contributed to the Plan is held in a Trust Fund. The Trustee is responsible for the safekeeping of the Trust Fund. The
Trust Fund is the funding medium used for the accumulation of assets from which benefits will be distributed. While all the Plan assets
are held in a Trust Fund, the Administrator separately accounts for each Participant's interest in the Plan.
811157 (12/18)
17