exv4w2



 






Exhibit 4.2




SIEMENS SAVINGS PLAN




(As Amended and Restated Effective January 1, 2001)





 








 








TABLE OF CONTENTS




	 	 	 	 	 
	ARTICLE I
	 	 	1	 
	PURPOSE
	 	 	1	 
	 
	 	 	 	 
	ARTICLE II
	 	 	1	 
	DEFINITIONS
	 	 	1	 
	 
	 	 	 	 
	ARTICLE III
	 	 	9	 
	ELIGIBILITY AND MEMBERSHIP
	 	 	9	 
	 
	 	 	 	 
	ARTICLE IV
	 	 	11	 
	TAX-DEFERRED MEMBER CONTRIBUTIONS AND AFTER-TAX CONTRIBUTIONS
	 	 	11	 
	 
	 	 	 	 
	ARTICLE V
	 	 	18	 
	EMPLOYER CONTRIBUTIONS
	 	 	18	 
	 
	 	 	 	 
	ARTICLE VI
	 	 	21	 
	MEMBERS’ ACCOUNTS
	 	 	21	 
	 
	 	 	 	 
	ARTICLE VII
	 	 	24	 
	INVESTMENT FUNDS
	 	 	24	 
	 
	 	 	 	 
	ARTICLE VIII
	 	 	27	 
	VESTING
	 	 	27	 
	 
	 	 	 	 
	ARTICLE IX
	 	 	28	 
	LOANS
	 	 	28	 
	 
	 	 	 	 
	ARTICLE X
	 	 	30	 
	WITHDRAWALS
	 	 	30	 
	 
	 	 	 	 
	ARTICLE XI
	 	 	33	 
	DISTRIBUTIONS
	 	 	33	 
	 
	 	 	 	 
	ARTICLE XII
	 	 	42	 
	APPLICATION OF FORFEITURES
	 	 	42	 
	 
	 	 	 	 
	ARTICLE XIII
	 	 	42	 
	FUNDING
	 	 	42	 
	 
	 	 	 	 
	ARTICLE XIV
	 	 	42	 
	ADMINISTRATION
	 	 	42	 
	 
	 	 	 	 
	ARTICLE XV
	 	 	46	 
	APPROVAL BY THE INTERNAL REVENUE SERVICE
	 	 	46	 
	 
	 	 	 	 
	ARTICLE XVI
	 	 	46	 
	GENERAL PROVISIONS
	 	 	46	 
	 
	 	 	 	 
	ARTICLE XVII
	 	 	49	 
	AMENDMENT AND TERMINATION
	 	 	49	 
	 
	 	 	 	 
	ARTICLE XVIII
	 	 	50	 
	TOP-HEAVY PROVISIONS
	 	 	50	 
	 
	 	 	 	 
	ANNEX a SIEMENS SAVINGS PLAN – EMPLOYER CONTRIBUTIONS
	 	 	55	 






- i - 









 





APPENDICES




	 	 	 
	Appendix A -

	 	Special Vesting Provision for Certain Employees of
Rofin-Sinar, Inc.
	 
	 	 
	Appendix B -

	 	Special Vesting Provision for Certain Employees of
ROLM Systems
	 
	 	 
	Appendix C -

	 	Additional Distribution Options for Former
Participants in Tel-Plus Communications, Inc.
Employee Retirement Savings Plan
	 
	 	 
	Appendix D -

	 	Special Provisions for Former Participants in Burdick
Corporation Plans
	 
	 	 
	Appendix E -

	 	Special Provisions for Employees of Tel Plus of
Puerto Rico
	 
	 	 
	Appendix F -

	 	Special Provisions for Certain Employees of Siemens
Stromberg-Carlson
	 
	 	 
	Appendix G -

	 	Additional Distribution Options for Former
Participants in Quantum Medical Systems, Inc. 401(k)
Savings Plan
	 
	 	 
	Appendix H -

	 	Special Provisions for Former Participants in Siemens
Stromberg-Carlson Savings Plan (Union Employees)
	 
	 	 
	Appendix I -

	 	Special Provisions for Certain Employees of Cardion,
Inc.
	 
	 	 
	Appendix J -

	 	Special Provisions for Certain Employees of Siemens
Industrial Automation, Inc.
	 
	 	 
	Appendix K -

	 	Additional Distribution Options for Former
Participants in Tel Plus Communications Employee
Retirement Savings Plan for Certain Members of
Collective Bargaining Units
	 
	 	 
	Appendix L -

	 	Special Employer Distribution Rates for Employees of
American Consolidated Technologies, Inc.
	 
	 	 
	Appendix M -

	 	Withdrawal of Linotype — Hell Company and
Transfer of Accounts
	 
	 	 
	Appendix N -

	 	Special Provisions for Certain Employees of
OSRAM SYLVANIA, INC.
	 
	 	 
	Appendix O -

	 	Participation of Siemens Power Corporation
Savings Plan in the Siemens Savings Plan






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	Appendix P-

	 	Participation of Siemens Audio, Inc. in the
Siemens Savings Plan
	 
	 	 
	Appendix Q -

	 	Special Employer Contribution Rate for Employees of
Siemens Nixdorf Information Systems, Inc.
	 
	 	 
	Appendix R -

	 	Special Provisions For Former Participants In the
Siemens Energy & Automation Inc. Savings Plan
	 
	 	 
	Appendix S -

	 	Special Provisions For Salaried Employees of
Siemens-Furnas Controls Who Were Participants of
Siemens-Furnas Electric Company Controls Retirement
Savings Plan
	 
	 	 
	Appendix T -

	 	Special Provisions For Salaried Employees Of The
Meter Division of Siemens Power Transmission &
Distribution Inc. And Who Were Participants of
Process Systems Inc. Salary Reduction Profit- Sharing
Plan
	 
	 	 
	Appendix U -

	 	Elimination of Matching Contribution Under Siemens
Savings Plan For Employees of Relectronic-Remech Inc.
	 
	 	 
	Appendix V -

	 	Special Provisions For Salaried Employees of Siemens
Automotive Corporation Who Were Participants of
Siemens Automotive Savings Plan
	 
	 	 
	Appendix W -

	 	Special Provisions For Employees Who Were Participants In The
Electrocom Automation LP Savings and Investment Plan
	 
	 	 
	Appendix X -

	 	Special Provisions For Salaried Employees of
Westinghouse Electric Corporation Who Were
Participants of Westinghouse Savings Program
	 
	 	 
	Appendix Y -

	 	Special Provisions For Employees Who Were
Participants In The NSW Corporation Investment Plan
	 
	 	 
	Appendix Z -

	 	Special Provisions For Salaried Employees of The Part
Of The Meter Division Of Siemens Power Transmission &
Distribution LLC That Was Formerly Landis & Gyr
Utilities Services, Inc.
	 
	 	 
	Appendix AA -

	 	Special Provisions For Salaried Employees of the
Eagle Traffic Control Systems Business Unit Of
Siemens Energy & Automation
	 
	 	 
	Appendix BB -

	 	Special Provisions For Employees Who Were
Participants In The Siemens Pyramid 401(k) Plan






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	Appendix CC -

	 	Special Provisions For Employees Of The Cerberus
Division Of Siemens Building Technologies, Inc. Who
Were Participants In The Cerberus Pyrotronics, Inc.
Retirement Savings Plan
	 
	 	 
	Appendix DD -

	 	Special Provisions For Employees Of The Electrical
Machine Control Products and Solutions Business of
Vickers Electronic Systems Division
	 
	 	 
	Appendix EE(a)-

	 	Special Company Discretionary Contribution for
Employees of Opuswave Networks Inc. for Plan Year
1999
	 
	 	 
	Appendix EE(b)-

	 	Special Provisions For Former Employees of Motorola,
Inc. Who Have Been Transferred to OSRAM Sylvania
Products, Inc.
	 
	 	 
	Appendix FF -

	 	Special Provisions For Employees of Siemens Moore
Process Automation Inc.
	 
	 	 
	Appendix GG -

	 	Special Provisions For Employees Of Shared Medical
Systems Corporation
	 
	 	 
	Appendix HH -

	 	Special Provisions For Employees Of Entex IT Services
Inc.
	 
	 	 
	Appendix II -

	 	Special Provisions for Employees of Former Ellenco,
LLC. and Cerel, LLC.
	 
	 	 
	Appendix JJ -

	 	Special Provisions for Employees of Former Jencourt,
Inc.
	 
	 	 
	Appendix KK -

	 	Special Provisions Relating to the “Let’s Share”
Program
	 
	 	 
	Appendix LL -

	 	Special Provisions for Employees of Former
FrankenData USA, Inc.
	 
	 	 
	Appendix MM -

	 	Special Provisions for Employees of Former Cube
Technology, Inc.
	 
	 	 
	Appendix NN -

	 	Special Provisions for Salaried Employees of Former
Milltronics, Inc.
	 
	 	 
	Appendix OO -

	 	Special Provisions for Employees of Acuson
Corporation or Ecton, Inc.
	 
	 	 
	Appendix PP -

	 	Special Provisions for Former Employees of Security
Technologies Group
	 
	 	 
	Appendix QQ -

	 	Special Provisions for Employees of Efficient
Networks, Inc.






- iv - 









 






	 	 	 
	Appendix RR -

	 	Special Provisions for Certain Employees of Siemens
VDO Automotive
	 
	 	 
	Appendix SS -

	 	Special Provisions for Employees of Optisphere






- v - 









 






SIEMENS SAVINGS PLAN




(As Amended And Restated Effective As Of January 1, 2001)




ARTICLE I




PURPOSE





	1.1	 	The purpose of the Siemens Savings Plan is to encourage and assist eligible employees to save
part of their income on a regular basis through payroll deductions and salary reduction,
supplemented by contributions by the participating employers. The Effective Date for this
Plan was January 1, 1980.
	 
	1.2	 	The provisions of the Plan as amended and restated herein shall apply only with respect to
Employees who complete at least one Hour of Service on or after January 1, 2001, except as may
expressly be provided otherwise herein. The benefit entitlements of all other persons shall
be governed by the terms of the Plan in effect at the time of their retirement or other
termination of employment with the Employers. Notwithstanding the January 1, 2001 effective
date for the restatement of this Plan, any change required by federal law with respect to the
Plan and any plan that is merged into this Plan, including, without limitation, amendments to
the Internal Revenue Code and the Act and regulations or rulings issued pursuant thereto,
shall be effective on the latest date on which such change may become effective and comply
with such laws, and each such plan shall be deemed to be amended accordingly.





ARTICLE II




DEFINITIONS





	2.1	 	Whenever used in the Plan, the following terms shall have the respective meanings set forth
below, unless otherwise expressly provided herein, and when the defined meaning is intended
the term is capitalized:






	 	(a)	 	“Act” means the Employee Retirement Income Security Act of 1974, as amended.
	 
	 	(b)	 	“Affiliated Company” means Siemens AG (hereinafter called “Siemens”), and any
company, whether or not incorporated in the United States, (i) which is a member of a
controlled group of corporations (as defined in Section 414(b) of the Internal Revenue
Code) which group includes any Employer, (ii) which is under




1









 






	 	 	 	common control (within the meaning of Section 414(c) of the Internal Revenue Code)
with any Employer, (iii) which is a member of an affiliated service group (as
defined in Section 414(m) of the Internal Revenue Code) which group includes any
Employer, (iv) which is otherwise required to be aggregated with any Employer
pursuant to Section 414(o) of the Internal Revenue Code, or (v) in which Siemens
either directly or indirectly has ownership of at least 25% of the equity interest.
	 
	 	(c)	 	A Member’s “Basic After-Tax Contribution Account,” “Basic Tax-Deferred
Contribution Account,” “Employer Contribution Account,” “Supplemental After-Tax
Contribution Account,” “Supplemental Tax-Deferred Contribution Account”, “Rollover
Contribution Account” and his “GSOP Account” mean, respectively, the applicable
Accounts established and maintained for him as provided in Section 6.1. A Member’s
“Accounts” means the applicable accounts maintained for him.
	 
	 	(d)	 	“Beneficiary” means the person or persons designated by the Member or otherwise
determined in accordance with Section 16.7.
	 
	 	(e)	 	“Board of Directors” means the Board of Directors of the Company, as
constituted from time to time, or any successor thereto.
	 
	 	(f)	 	“Committees” means the Administrative Committee and the Investment Committee
appointed by the Board of Directors to manage and administer the Plan as provided for
in Article XIV.
	 
	 	(g)	 	“Company” means Siemens Corporation, a Delaware corporation, or any successor
thereto.
	 
	 	(h)	 	Compensation” means all cash compensation received by a Member from an
Employer, including bonuses (other than retention, stay, sign on, gainsharing, profit
sharing, special and long-term incentive bonuses), overtime payments and commissions,
compensation as would have been received in the absence of an election to reduce
compensation pursuant to Section 4.2, Compensation reductions made pursuant to a plan
maintained by the Employer qualifying under Section 125 of the Internal Revenue Code
(but not including Flex Credits under the Flexible Benefits Program), and Compensation
reductions for qualified transportation benefits under Section 132(f)(4) of the
Internal Revenue Code; but Compensation shall exclude contributions (other than
contributions under Section 4.2) to and payments from any plan of deferred compensation
(including, but not limited to, this Plan, the Siemens Pension Plan, the




2









 






	 	 	 	OSRAM Sylvania Pension Plans, Siemens Westinghouse Retirement Plans, the Siemens
Pension Preservation Plan, the Siemens Deferred Savings Plan and the Siemens
Corporation Deferred Compensation Plan, and any deferred compensation plan of OSRAM
Sylvania), premiums paid for group insurance coverages, welfare benefits, car and
expense allowances and similar payments, and severance payments and accrued but
unused vacation pay. In addition to the other applicable limitations set forth in
the Plan, and notwithstanding any other provision of the Plan to the contrary, for
Plan Years beginning on or after January 1, 2001, the Compensation of each Member
taken into account under the Plan for any Plan Year shall not exceed $170,000, or
such other amount as set forth in Section 401(a)(17) of the Internal Revenue Code as
adjusted by the Commissioner of the Internal Revenue Service for increases in the
cost of living in accordance with Section 401(a)(17) of the Internal Revenue Code.
The cost of living adjustment in effect for a calendar year applies to any period,
not exceeding 12 months, over which compensation is determined (determination
period) beginning in such calendar year.
	 
	 	 	 	If a determination period consists of fewer than 12 months, the annual Compensation
limit set forth in the preceding paragraphs is an amount equal to the otherwise
applicable annual Compensation limit multiplied by a fraction, the numerator of
which is the number of months in the short determination period and the denominator
of which is 12.
	 
	 	 	 	The family aggregation rules that were in effect pursuant to Section 414(q)(6) of
the Internal Revenue Code for Plan Years beginning prior to January 1, 1997 ceased
to apply to this Plan (and to plans merged into this Plan) for Plan Years beginning
on or after January 1, 1997.
	 
	 	(i)	 	“Continuous Employment” is the period of service with an Employer or an
Affiliated Company at the time such service is performed, from the Employee’s original
date of hire to his date of termination (by reason of quit, retirement or discharge)
including periods of layoff, leave of absence or other temporary breaks in service not
in excess of 12 complete months.
	 
	 	 	 	For the purpose of determining the Continuous Employment of an individual who
becomes an employee of an Employer in connection with the acquisition of some or all
of the assets of any business entity, service by the individual prior to such
acquisition with such business entity or with any member of a controlled group of
companies (whether or not incorporated) of




3









 






	 	 	 	which such business entity was a member at the time such service was performed shall
be treated as service with such Employer if and to the extent determined by the
Board of Directors.
	 
	 	 	 	In calculating an Employee’s period of Continuous Employment, all periods of
Continuous Employment determined under the foregoing rules (whether or not
consecutive) shall be aggregated; except that Continuous Employment prior to an
Employee’s quit, retirement or discharge shall not be aggregated and shall not be
taken into account in the case of a re-employed individual if both of the following
conditions are met:






	 	(1)	 	the Employee did not have a vested right to any
benefits under the Plan derived from Employer contributions at the time
of such quit, retirement or discharge; and
	 
	 	(2)	 	the period between such quit, retirement or
discharge, and the date of reemployment equals or exceeds the greater
of (A) 60 months or (B) the period of Continuous Employment before such
quit, retirement or discharge.






	 	(j)	 	“Contributions” means






	 	(1)	 	“After-Tax Contributions,” i.e., an Employee’s Basic and
Supplemental After-Tax Contributions to the Plan as provided in Article IV;
	 
	 	(2)	 	“Employer Contributions,” i.e., an Employer’s Contributions to
the Plan as provided in Article V;
	 
	 	(3)	 	“Tax-Deferred Contributions,” i.e., the contributions to the
Plan made by an Employer on behalf of a Member in connection with a Member’s
election to reduce his Compensation pursuant to Section 4.2; and
	 
	 	(4)	 	“Rollover Contribution,” i.e., an Employee’s Qualified Plan
Rollover Contribution or Qualified Plan Transfer Contribution to the Plan in
accordance with Section 4.10.






	 	(k)	 	“Delegate” means an individual who has been assigned by an Affiliated Company
located outside the United States to an employment position with an Employer for a
defined period of time with the intention that such individual will, at the end of the
defined period of time, be reassigned to an Affiliated Company located




4









 






	 	 	 	outside the United States.
	 
	 	(l)	 	“Disability” means that condition of a Member due to bodily injury or disease
whereby the Member cannot continue in his regular employment with his Employer,
excluding, however,






	 	(i)	 	disability suffered or incurred while the Member was engaged
in, or resulting from his having engaged in, a criminal enterprise;
	 
	 	(ii)	 	disability resulting from habitual drunkenness or addiction to
narcotics; or
	 
	 	(iii)	 	disability resulting from self-inflicted injury.






	 	 	 	The date on which a disability is sustained shall be (i) in the case of disability
due to bodily injury, the date on which such injury occurred and (ii) in the case of
disability due to disease the date certified by a physician chosen by the
Administrative Committee as the date on which such disability commenced. Disability
shall not be deemed to exist if the Member refuses to submit to a physical
examination to be made by a physician chosen by the Administrative Committee for the
purpose of determining the existence thereof.
	 
	 	(m)	 	“Effective Date” means January 1, 1980.
	 
	 	(n)	 	“Employee” means each person who is employed by an Employer in a position rated
as salary (other than a person who is neither a citizen nor a resident of the United
States and who receives no earned income from the Employer which constitutes income
from sources within the United States), but shall not include any person included in a
unit of employees covered by a collective bargaining agreement unless and until the
applicable collective bargaining agreement expressly provides for participation in this
Plan.
	 
	 	 	 	Notwithstanding the foregoing, any person who is classified by the Employer as a
leased employee or independent contractor shall not be an Employee for any purposes
of this Plan, even if such person is subsequently determined to be a common law
employee by a local, state or federal court or governmental entity or agency
thereof. However, solely for purposes of determining eligibility for membership
under Article III and vesting under Article VIII, any person (i) who was formerly
classified as a leased employee or independent contractor, (ii) who is determined by
the Employer to have performed any services as a common law employee of the Employer
or as a leased employee as defined in Section 414(n) of the Internal Revenue Code




5









 






	 	 	 	during such period of classification, and (iii) who then becomes an
Employee, shall be treated as an Employee during his or her prior period of
employment as a common law employee of the Employer or as a leased employee as
defined in Section 414(n) of the Internal Revenue Code.
	 
	 	(o)	 	“Employer” means Siemens Corporation and any Affiliated Company, provided that
Siemens Corporation acting by its Board of Directors shall approve the participation in
the Plan of such Affiliated Company and provided the board of directors of such
Affiliated Company shall elect to participate in the Plan.
	 
	 	(p)	 	“Enrollment Date” means a day that is administratively feasible to enroll in
the Plan as is permitted by the Administrative Committee (which shall be no less
frequently than once per month).
	 
	 	(q)	 	“Fund” shall mean the assets of the Plan held by the Trustee and/or the
Insurance Company contracts or policies constituting the Fund. Any such Insurance
Company contracts or policies shall provide either as a part of the contract or policy
or by a definite written arrangement between the Company and the Insurance Company that
any dividends or retroactive rate reductions or other refunds of premiums shall be
applied within the current or next succeeding taxable year toward the purchase of
retirement annuities under the Insurance Company contract by way of reduction of future
Employer contributions to the Plan or by way of increase in benefits. Such contracts
or policies shall further provide that the annuities and all interest of Members and
Beneficiaries thereunder shall be nontransferable. Such contracts or policies shall be
issued to the Company or the Trustee as holder. The provisions of any Trust Agreement
or any Insurance Company contract shall not prevent the return to an Employer of a
contribution made by mistake of fact if such return is made within one year after
payment of the contribution, or return to an Employer of a contribution (each of which
shall be conditioned upon deductibility of the contribution under Section 404 of the
Internal Revenue Code) to the extent such deduction is disallowed if such return is
made within one year after the disallowance of the deduction, or the return of Plan
assets in the event of denial of initial qualification of the Plan.
	 
	 	(r)	 	“Highly Compensated Employee” shall mean, for any Plan Year on or after January
1, 1997 an Employee who performs any services during such Plan Year and either






	 	(i)	 	is a five-percent (5%) owner of the Employer or an




6









 






	 	 	 	Affiliated Company (within the meaning of Section 416(i)(1)(iii) of the
Internal Revenue Code) at any time during such Plan Year or the preceding
Plan Year, or
	 
	 	(ii)	 	received compensation in excess of $80,000 (as may be adjusted
for cost-of-living increases pursuant to Section 415(d) of the Internal Revenue
Code) during the preceding Plan Year and, if the Administrative Committee so
elects, was in the “top-paid group” for such year within the meaning of Section
414(q)(3) of the Internal Revenue Code.






	 	 	 	Compensation for purposes of this Section (q) shall be compensation as defined in
Section 414(q) of the Internal Revenue Code.
	 
	 	(s)	 	“Hour of Service” means:






	 	(i)	 	Each hour for which a person is paid or entitled to payment by
an Employer or Affiliated Company for the performance of duties.
	 
	 	(ii)	 	Each hour for which back pay, irrespective of mitigation of
damages, is either awarded or agreed to by an Employer or Affiliated Company,
with no duplication of credit for hours.
	 
	 	(iii)	 	Each hour, in addition to the hours in subparagraph (i) above,
for which the person is directly or indirectly paid or entitled to payment by
an Employer or Affiliated Company on account of a period of time during which
no duties are performed due to vacation, holiday, illness, disability, lay-off,
jury duty, military duty or leave of absence. No more than 501 hours shall be
credited under this subparagraph (iii) on account of any single continuous
period during which he performs no duties.






	 	(iv)	 	Hours of Service shall be calculated and credited in accordance
with the rules of Department of Labor Regulations § 2530.200b-2.
	 
	 	(v)	 	Solely for purposes of Section 3.5, Hours of Service shall be
credited on account of a Maternity or Paternity Absence at the rate which
otherwise would normally have been credited to such person but for such absence
or, if such rate cannot be determined, at the rate of eight (8) Hours of
Service for each day of such absence; provided that no more than 501 Hours of
Service shall be credited on account of any single Maternity or Paternity
Absence. Such Hours of




7









 






	 	 	 	Service shall be taken into account only in the Plan Year in which the
absence from work commences, except that if the person had completed at
least 501 Hours of Service in the Plan Year at the commencement of such
absence, such Hours of Service shall be taken into account in the next
following Plan Year.






	 	(t)	 	“Insurance Company” means an insurance company which is qualified to manage,
acquire or dispose of assets of the Fund under the laws of more than one State; is
qualified to do business in the State of New York; and has issued a contract or policy
for the purpose of funding the Plan.
	 
	 	(u)	 	Internal Revenue Code” means the Internal Revenue Code of 1986, as amended.
	 
	 	(v)	 	“Maternity or Paternity Absence” means an absence beginning on or after October
1, 1985 —






	 	(i)	 	by reason of the pregnancy of the individual,
	 
	 	(ii)	 	by reason of the birth of a child of the individual,
	 
	 	(iii)	 	by reason of the placement of a child with the individual in
connection with the adoption of such child by such individual, or
	 
	 	(iv)	 	for purposes of caring for such child for a period beginning
immediately following such birth or placement.
	 
	 	 	 	In no case shall a period of absence be treated as a “Maternity or Paternity
Absence” unless the individual furnishes to the Administrative Committee
such timely information as the Administrative Committee may reasonably
require to establish that the absence is for one of the reasons specified
above.






	 	(w)	 	“Member” means an Employee who is eligible to become a Member of the Plan in
accordance with Article III and has elected to participate in the Plan.
	 
	 	(x)	 	“Plan” means the Siemens Savings Plan as set forth herein and as it may be
amended from time to time.
	 
	 	(y)	 	“Plan Year” means the period commencing on the Effective Date and ending on
September 30, 1981 and each twelve-month period commencing on each October 1
thereafter. Effective January 1, 1996, Plan Year means the twelve-month period
commencing on the first day of




8









 






	 	 	 	January and ending on the last day of December. Accordingly there was a
short Plan Year for the period commencing October 1, 1995 and ending on December 31,
1995. With respect to such short Plan Year, appropriate adjustments were
made in dollar amounts and other provisions as required by law to the extent
necessary to reflect such shorter period.
	 
	 	(z)	 	“Retirement” of a Member shall mean the termination of a Member’s Employment on
or after the date on which he has attained age fifty-five (55), provided he has
completed five or more years of Continuous Employment.
	 
	 	(aa)	 	“Temporary Employee” means an Employee classified as a Temporary Employee in
the records of an Employer.
	 
	 	(bb)	 	“Trust Agreement” shall mean the instrument or instruments that provide for the
receiving, holding, investing and disposing of the Fund.
	 
	 	(cc)	 	“Trustee” means the trustee at any time acting under the Trust Agreement or
Agreements.
	 
	 	(dd)	 	“Year of Service” means a twelve-month period during which a Temporary Employee
completes at least 1,000 Hours of Service. For this purpose, the first twelve-month
period shall commence on the date the Temporary Employee completes his first Hour of
Service; subsequent twelve-month periods shall be each Plan Year commencing after the
date the Temporary Employee completes his first Hour of Service.






	2.2	 	Gender and Number. Except when otherwise indicated by the context, any masculine terminology
herein shall also include the feminine, and the definition of any term herein in the singular
shall also include the plural.





ARTICLE III




ELIGIBILITY AND MEMBERSHIP





	3.1	 	Each Employee who was a Member of the Plan on December 31, 2000 and who is employed by an
Employer on January 1, 2001 will continue to be a Member as of such date. Subject to the
provisions of any applicable collective bargaining agreement that expressly provides for
participation in this Plan, any individual who was a Member of the Plan on December 31, 2000
and who is employed by an Employer in an employment position rated as non-salaried on January
1, 2001 shall be eligible to become a Member of the Siemens Savings Plan For Hourly Employees
or the Siemens Savings Plan for Union Employees, as applicable, on January 1, 2001 and the
amounts in such individual’s accounts in the Plan shall be transferred to the Siemens Savings
Plan for Hourly Employees or the Siemens




9









 






	 	 	Savings Plan for Union Employees, as applicable.
	 
	 	 	Subject to Section 3.2, each other Employee will be eligible to become a Member of the Plan
as of the Enrollment Date coincident with or next succeeding the date on which such
Employee’s Continuous Employment commenced if he then is employed by an Employer.
Notwithstanding the foregoing, if an individual who is a participant in a thrift or savings
plan maintained by an Affiliated Company which is not an Employer is transferred directly
from employment with such Affiliated Company to employment as an Employee of an Employer and
such individual would have been eligible to become a Member of the Plan on or before his
date of transfer if his period of service with such Affiliated Company prior to such
transfer (including any such service before the company became an Affiliated Company) were
treated as a period of service with an Employer, such individual shall be eligible to become
a Member as an Enrollment Date coincident with or next succeeding the date of such
transfer).
	 
	 	 	Also, if an individual who is employed by an Employer and who is eligible to be a Member of
the Siemens Savings Plan for Hourly Employees or the Siemens Savings Plan for Union
Employees is transferred directly from an employment position with an Employer rated as
non-salaried to an employment position rated as salaried, such individual shall be eligible
to become a Member of this Plan as of an Enrollment Date coincident with or next
succeeding the date of such transfer, and the amounts in such individual’s Accounts in those
Plans shall be transferred to this Plan. Amounts so transferred shall retain their
characterization as contributions pursuant to a qualified cash or deferred arrangement
described in Section 401(k) of the Internal Revenue Code, matched and unmatched,
tax-deferred and after-tax employee contributions, rollover contributions and earnings
therein, and shall be credited according to the applicable Employee’s Basic or Supplemental
Tax-Deferred Contribution Account, Basic or Supplemental After-Tax Contribution Account,
Employee Contribution Account and Rollover Contribution Account.
	 
	3.2	 	A Temporary Employee shall be eligible to become a Member of the Plan as of any Enrollment
Date coincident with or next succeeding the date on which such Temporary Employee completes a
Year of Service if he is then employed by an Employer.
	 
	3.3	 	Subject to the provisions of Section 4.11, membership of any Employee in the Plan shall be
entirely voluntary.
	 
	3.4	 	Subject to Sections 3.1 and 3.2, an Employee may elect to participate in the Plan as of any
Enrollment Date on prior notice of such election to his Employer. Such election




10









 






	 	 	shall include payroll deduction authorization and/or any election to reduce Compensation and
a Contribution rate on forms prescribed by the Administrative Committee.
	 
	3.5	 	If an Employee ceases to be a Member by reason of the termination of his employment with the
Employers and he is later re-employed as an Employee, he shall again become a Member as of the
date on which his employment as an Employee resumes, unless his prior Continuous Employment is
disregarded pursuant to sub-section 2.1(i), in which event he shall be treated upon
re-employment as a new Employee for the purposes of this Article III.





ARTICLE IV




TAX-DEFERRED MEMBER CONTRIBUTIONS AND AFTER-TAX CONTRIBUTIONS





	4.1	 	Each Member, for as long as he continues active participation in the Plan, shall for each
payroll period either make After-Tax Contributions to the Plan from his Compensation by
payroll deduction pursuant to Section 4.3 and/or have the Employer make Tax-Deferred
Contributions on his behalf pursuant to Section 4.2 in lieu of Compensation otherwise paid to
him currently.
	 
	4.2	 	Each Member may elect that his Compensation be reduced and that his Employer contribute a
Tax-Deferred Contribution to the Plan in the same amount on his behalf, subject to the
following:






	 	(a)	 	Tax-Deferred Contributions of from 1% to 16% (18% effective July 1,
2001), in 1% increments, of Compensation may be elected by any Member; provided,
however, that the minimum rate of Tax-Deferred Contributions shall be 2% rather than 1%
unless the Member elects to make After-Tax Contributions of at least 1% of
Compensation; and provided further, that such contributions shall be subject to the
provisions of sub-section 4.2(b). The first 6% of Tax-Deferred Contributions elected
by a Member are sometimes referred to herein as “Basic Tax-Deferred Contributions”; the
balance of such Member’s Tax-Deferred Contributions are sometimes referred to herein as
“Supplemental Tax-Deferred Contributions.”






	 	(b)	(1) 	 	 The Administrative Committee shall determine from time to time, as it deems
desirable, the criteria for determining the maximum permissible Tax-Deferred
Contribution rate for Employees who are Highly Compensated Employees which the
Administrative Committee believes is likely to cause the Plan to satisfy the Actual
Deferral Percentage Test described below. The Administrative Committee’s determinations
pursuant




11









 






	 	 	 	to this Section 4.2 shall be final and shall not be subject to question by
the Employers, the Trustee, the Insurance Company or any Member or group of
Members.
	 
	 	(2)	 	The Actual Deferral Percentage Test requires that, for any Plan
Year, the Actual Deferral Percentage for the eligible Employees who are Highly
Compensated Employees shall not exceed the greater of (i) or (ii) as follows:






	 	(i)	 	The Actual Deferral Percentage for the eligible
Employees other than Highly Compensated Employees, times 1.25, or
	 
	 	(ii)	 	The Actual Deferral Percentage for the eligible
Employees other than Highly Compensated Employees, times 2.0; provided,
however, that the Actual Deferral Percentage for Highly Compensated
Employees may not exceed the Actual Deferral Percentage for the
eligible Employees other than Highly Compensated Employees by more than
two percentage points.
	 
	 	 	 	The Actual Deferral Percentage for either specified group of
eligible Employees for a Plan Year shall be the average of the
ratios (calculated separately for each eligible Employee in such
group) of the sum of (a) the amount of Tax-Deferred Contributions
actually paid to the Plan on behalf of each such eligible Employee
for such Plan Year, (b) all other elective contributions made on
behalf of such eligible Employee for such Plan Year under any other
plan aggregated with this Plan for purposes of Section 401(a)(4) or
Section 410(b) of the Internal Revenue Code, and (c) in the case of
a Highly Compensated Employee, all other elective contributions
made on behalf of such eligible Employee for such Plan Year under
any other cash-or-deferred arrangement in which he is eligible
(other than one which may not be aggregated with this Plan), to the
eligible Employee’s compensation, as defined in Section 414(s) of
the Internal Revenue Code, for such Plan Year. The Actual Deferral
Percentage Test shall be calculated in accordance with Section
401(k) of the Internal Revenue Code and Treasury Regulations
thereunder, which are hereby incorporated by this reference.




12









 






	 	(3)	 	In the event that at the end of the Plan Year
it is determined that the Plan would otherwise fail to satisfy the
Actual Deferral Percentage Test for that Plan Year, the Administrative
Committee may determine either (i) that an additional Employer
Contribution shall be made pursuant to sub-section 5.1(b) or (ii) to
reduce the Tax-Deferred Contributions on behalf of those Highly
Compensated Employees whose Tax-Deferred Contributions are the highest,
and to have such amounts (together with any income allocable to such
amounts for such Plan Year) paid to such Highly Compensated Employees
(and to forfeit any corresponding Employer Contributions for
application under Article XII) in accordance with Section 401(k) of the
Internal Revenue Code and Treasury Regulations thereunder, to the
extent the Administrative Committee deems necessary so as to cause the
Plan to satisfy the Actual Deferral Percentage Test. The earnings (or
losses) allocable to excess contributions shall be determined by
multiplying the earnings (or losses) allocable to the Highly
Compensated Employee’s Tax-Deferred Contributions for the Plan Year by
a fraction, the numerator of which is the excess contributions on
behalf of the Highly Compensated Employee for the Plan Year and the
denominator of which is the Highly Compensated Employee’s Tax-Deferred
Account balance on the last day of the Plan Year reduced by the
earnings (or increased by the losses) allocable to such Tax-Deferred
Account Balance for the Plan Year. The amount which may be distributed
pursuant to this sub-section for any Plan Year shall be reduced by the
amount of any excess Tax-Deferred Contributions previously distributed
pursuant to sub-section 4.2(d) for the calendar year ending in such
Plan Year. Any amounts to be distributed to a Highly Compensated
Employee pursuant to the Subsection 4.2(b)(3) shall be made within 12
months after the close of the Plan Year in which the Plan failed to
satisfy the Actual Deferral Percentage Test.






	 	(c)	 	If the total Tax-Deferred Contributions made on behalf of a Member during a
calendar year by the application of the percentage elected by him under this Plan,
together with such Member’s elective contributions previously made to other plans
maintained by the




13









 






	 	 	 	Affiliated Companies during such calendar year, would otherwise exceed $10,500
(adjusted for cost of living increases to the extent permitted under Section 402(g)
of the Internal Revenue Code), the excess shall not constitute a reduction of the
Member’s Compensation or a Tax-Deferred Contribution for the balance of such
calendar year. Such excess shall instead constitute:






	 	(i)	 	a Basic After-Tax Contribution to the extent required to make
the sum of the Member’s Tax-Deferred and After-Tax Contributions equal 6% of
his Compensation, and
	 
	 	(ii)	 	a Supplemental After-Tax Contribution for all additional
amounts deducted.






	 	 	 	This excess shall be credited to the applicable Member’s Accounts. In such event,
Tax-Deferred Contributions will be resumed at the rate previously in effect as of
the first day of the next succeeding calendar year unless otherwise changed by the
Member.
	 
	 	(d)	 	If at the end of a calendar year the sum of the Tax-Deferred Contributions made
on behalf of a Member during such year and the Member’s elective contributions made to
other plans during such year exceeds $10,500(adjusted for cost of living increases to
the extent permitted under Section 402(g) of the Internal Revenue Code), the Member may
elect to allocate all or any portion of such excess to his Tax-Deferred Contributions
under this Plan (but not in excess of the amount thereof for such calendar year) and to
have such amount (together with any income allocable to such amount during such
calendar year) distributed to him. A Member must make such an election in writing to
the Administrative Committee not later than January 31 of the next succeeding calendar
year. Distribution of such excess amount (and allocable income thereon) shall be made
not later than April 15 following such January 31. The amount which may be
distributed pursuant to this sub-section for any calendar year shall be reduced by the
amount of any excess Tax-Deferred Contributions previously distributed pursuant to
sub-section 4.2(b)(3) for the Plan Year beginning in such calendar year.






	4.3	 	After-Tax Contributions of from 1% to 16% (18% effective July 1, 2001)in 1% increments, of
Compensation may be elected by any Member; provided, however, that the minimum rate of
After-Tax Contributions shall be 2% rather than 1% unless the Member elects to make
Tax-Deferred Contributions of at least 1% of Compensation; and provided further, that such
contributions shall be subject to the following:




14









 












	 	(a)	 	Up to the first 6% of After-Tax Contributions elected by a Member are sometimes
referred to herein as “Basic After-Tax Contributions.” A Member may make Basic
After-Tax Contributions only to the extent that the sum of his Basic Tax-Deferred
Contribution rate and his Basic After-Tax Contribution rate does not exceed 6% of his
Compensation.
	 
	 	(b)	 	A Member who is making and continues to make either Basic Tax-Deferred or Basic
After-Tax Contributions, or both, which in the aggregate are at least 6% of the
Member’s Compensation, may also make “Supplemental After-Tax Contributions” to the Plan
from his Compensation for each pay period by payroll deduction; provided, however, that
in no event may the sum of the Member’s Tax-Deferred and After-Tax Contributions exceed
16% (18%, effective July 1, 2001) of his Compensation.
	 
	 	(c)	 	Notwithstanding the foregoing provisions of this Section 4.3, Members who are
determined by the Administrative Committee to be Highly Compensated Employees may elect
a rate of After-Tax Contributions only if such rate is equal to or less than the
maximum After-Tax Contribution rate permitted for such Members which the Administrative
Committee believes is likely to cause the Plan to satisfy the Actual Contribution
Percentage Test described in sub-section 5.2(b). The Administrative Committee’s
determinations pursuant to this Section 4.3 shall be final and shall not be subject to
question by the Employers, the Trustee, the Insurance Company or any Member or group of
Members.






	4.4	 	Subject to Sections 4.2 and 4.3, a Member may change his rate of Tax-Deferred or After-Tax
Contributions at least once a month by calling the Siemens Benefit Service Center or by any
other method prescribed by the Administrative Committee.
	 
	4.5	 	A Member who ceases to be eligible as an Employee, but who remains in the employment of an
Employer or an Affiliated Company other than an Employer, shall have his Tax-Deferred and
After-Tax Contributions automatically suspended as of the date of such change of employment
status. Such Member’s Tax-Deferred and After-Tax Contributions may be resumed upon his again
becoming an eligible Employee. Such an Employee may not make up suspended Contributions.
	 
	4.6	 	A Member shall not be entitled to make Contributions, other than a Rollover Contribution, to
the Plan, and no deduction shall be made pursuant to his payroll deduction authorization, for
any period in which he is not receiving Compensation. In addition, no Tax-Deferred
Contributions, other than a Rollover Contribution, shall be made on behalf




15









 






	 	 	of such Member during any such period.
	 
	4.7	 	The Employers shall pay to the Trustee the amount of Members’ Tax-Deferred and After-Tax
Contributions for each month as soon as such amounts can reasonably be segregated from the
Employer’s assets, and in no event later than the fifteenth business day of the month
following the month in which the contributions are withheld by the Employer.
	 
	4.8	 	Payment of After-Tax Contributions, Tax-Deferred Contributions and Employer Contributions to
the Plan as prescribed in Articles IV and V shall constitute the funding policy and method of
the Plan.
	 
	4.9	 	The Siemens Retirement Plan gave a member of that plan the right to elect to transfer certain
amounts from that plan directly to an account under this Plan. If an individual made such an
election in accordance with the provisions of the Siemens Retirement Plan, the transferred
amounts were paid to the Trustee hereunder and are treated as Supplemental After-Tax
Contributions for the purposes of this Plan, subject, however, to the following exceptions:






	 	(1)	 	The transfer was permitted even if the individual was not otherwise permitted
to make Supplemental After-Tax Contributions under this Plan;
	 
	 	(2)	 	The transfer did not affect the amount of the Supplemental After-Tax
Contributions that the individual was otherwise permitted to make pursuant to this
Article IV; and
	 
	 	(3)	 	The transferred amounts were disregarded for the purposes of Section 6.8.






	4.10	 	An Employee (whether or not he is otherwise a Member) may make a Rollover Contribution to the
Plan at any time consisting of a “Qualified Plan Rollover Contribution” or a “Qualified Plan
Transfer Contribution” as hereinafter prescribed:






	 	(a)	 	“Qualified Plan Rollover Contribution” means any amount received by an
individual from a profit-sharing, pension or stock bonus plan meeting the requirements
of Section 401(a) of the Internal Revenue Code, from a qualified annuity plan meeting
the requirements of Section 403(a) of the Internal Revenue Code, from an individual
retirement account meeting the requirements of Section 408(a) of the Internal Revenue
Code or from an individual retirement annuity meeting the requirements of Section
408(b) of the Internal Revenue Code, which is transferred to this Plan in a tax-free
rollover satisfying the requirements of Section 402(c), Section 403(a)(4) or Section
408(d)(3)(A)(ii) of the




16









 






	 	 	 	Internal Revenue Code.
	 
	 	(b)	 	“Qualified Plan Transfer Contribution” means any amount transferred directly to
this Plan on behalf of an individual from a profit-sharing, pension or stock bonus plan
meeting the requirements of Section 401(a) of the Internal Revenue Code.






	 	 	No Rollover Contribution shall be accepted until the Administrative Committee has determined
to its satisfaction based on the facts submitted by the Employee making the Rollover
Contribution that the amount transferred meets the applicable requirements of subparagraph
(a) or (b) above. The Administrative Committee may prescribe such rules and regulations
governing the making of Rollover Contributions as it may deem desirable. Any Qualified Plan
Rollover Contribution shall be credited to the applicable Employee’s Rollover Contribution
Account. Amounts transferred to this Plan in a Qualified Plan Transfer Contribution shall
retain their characterization as contributions pursuant to a qualified cash or deferred
arrangement described in Section 401(k) of the Internal Revenue Code, matched and unmatched
after-tax employee contributions, matching and other employer contributions, rollover
contributions, and earnings thereon, and shall be credited accordingly to the applicable
Employee’s Tax-Deferred Contribution Account, Basic or Supplemental After-Tax Contribution
Account, Employer Contribution Account and Rollover Contribution Account. Except to the
extent that the context indicates otherwise, the term “Member” as used in this Plan shall be
deemed to include each Employee who has made a Rollover Contribution to this Plan
irrespective of whether such Employee shall have become a Member pursuant to Article III;
provided, however, that in no event shall an Employee who has not become a Member pursuant
to Article III be entitled to make Tax-Deferred Contributions pursuant to Section 4.2 or
After-Tax Contributions pursuant to Section 4.3, or to share in Employer Contributions
pursuant to Article V prior to so becoming a Member pursuant to Article III. Rollover
Contributions shall be disregarded for purposes of Section 6.8. In no event may any Member
make more than one Rollover Contribution from any one plan to this Plan.
	 
	 	 	Notwithstanding the other provisions of this Section to the contrary, effective March 1,
2001, an Employee whose employment with all Affiliated Companies is terminated shall be able
to rollover into the Siemens Savings Plan the amount of any lump sum distribution he may be
entitled to receive from the Siemens Pension Plan.
	 
	4.11	 	Notwithstanding the other provisions of this Article IV to the contrary, Employees (other
than Employees who become Delegates on or after January 1, 2002), who are hired on or after
January 1, 2001 by an Employer will, as soon as




17









 






	 	 	administratively possible after the 90th day after they first become eligible to
become a Member of the Siemens Savings Plan, automatically become Members and have deducted
from their Compensation Tax-Deferred Contributions at 3% of their Compensation, unless and
until the employee affirmatively indicates that he or she does not want to participate in
the Plan or affirmatively elects to participate at a different contribution rate or on a
basis other than as Tax-Deferred Contributions. These automatic contributions shall be
placed in the Fixed Rate Fund (or Stable Value Fund, effective October 1, 2001) of the Plan
until such time as the employee indicates that the contribution is to be placed in another
investment fund of the Plan. Such automatic contributions to the Siemens Savings Plan shall
be subject to the other provisions of the Plan that are applicable to Tax-Deferred
Contributions. Appropriate notices will be provided to employees in connection with the
application of this Section 4.11.





ARTICLE V




EMPLOYER CONTRIBUTIONS





	5.1	(a)	 	 Each Employer shall make Employer Contributions to the Plan for each month equal to the
percentage of the Basic Tax-Deferred and Basic After-Tax Contributions made by or on behalf of
Members as applicable to Employees of that Employer as set forth in Annex A to the Plan, less
any amount of forfeiture then to be applied to reduce such Employer Contributions pursuant to
Article XII.
	 
	 	(b)	 	Pursuant to sub-section 4.2(b)(3) or sub-section 5.2(c), if the Administrative
Committee so determines, each Employer shall make an additional Employer Contribution
sufficient in amount to cause the requirements of the Actual Deferral Percentage Test
or the Actual Contribution Percentage Test to be satisfied. Such additional Employer
Contribution shall be credited to the Tax-Deferred Contribution Accounts of Members who
are not Highly Compensated Employees in the proportion that each such Member’s
Tax-Deferred Contributions represent of total Tax-Deferred Contributions of all Members
in this group for the Plan Year. Employer Contributions made pursuant to this
sub-section shall constitute “qualified matching contributions” or additional “matching
contributions” and shall satisfy the requirements of Section 1.401(k)-1(b)(3) or
Section 1.401(m)-1(b)(2), as applicable, of the Treasury Regulations, which are hereby
incorporated by this reference.




18









 






	 	(c)	 	This Plan is intended to constitute a profit-sharing plan as referred to in
Section 401(a) of the Internal Revenue Code. Employer Contributions and Tax-Deferred
Contributions may, however, be made without regard to the existence of current or
accumulated profits as permitted by Section 401(a)(27) of the Internal Revenue Code.






	5.2	(a)	 	 The Administrative Committee shall determine the maximum permissible rate or amount of
Employer and After-Tax Contributions to the Plan which the Administrative Committee believes
is likely to cause the Plan to satisfy the Actual Contribution Percentage Test described
below. The Administrative Committee’s determinations pursuant to this Section 5.2 shall be
final and shall not be subject to question by the Employers, the Trustee, the Insurance
Company or any Member or group of Members.
	 
	 	(b)	 	The Actual Contribution Percentage Test requires that, for any Plan Year, the
Actual Contribution Percentage for the eligible Employees who are Highly Compensated
Employees shall not exceed the greater of (i) or (ii) as follows:






	 	(i)	 	The Actual Contribution Percentage for the eligible Employees
other than Highly Compensated Employees, times 1.25, or
	 
	 	(ii)	 	The Actual Contribution Percentage for the eligible Employees
other than Highly Compensated Employees, times 2.0; provided, however, that the
Actual Contribution Percentage for the Highly Compensated Employees may not
exceed the Actual Contribution Percentage for the eligible Employees other than
Highly Compensated Employees by more than two percentage points;
provided, however, that the Actual Contribution Percentage for Highly
Compensated Employees shall be further limited to the extent necessary to
prevent the multiple use of the alternative limitation in sub-section
4.2(b)(2)(ii) and in paragraph (ii) above.
	 
	 	 	 	The Actual Contribution Percentage for either specified group of eligible
Employees for a Plan Year shall be the average of the ratios (calculated
separately for each eligible Employee in such group) of the sum of (i) the
amount of the Employer and After-Tax Contributions actually paid to the Plan
on behalf of each such eligible Employee for such Plan Year, (ii) all other
employee and matching contributions made on behalf of such eligible Employee
for such Plan Year under




19









 






	 	 	 	any other plan aggregated with this Plan for purposes of Section 401(a)(4)
or Section 410(b) of the Internal Revenue Code, and (iii) in the case of a
Highly Compensated Employee, all other employee and matching contributions
made on behalf of such eligible Employee for such Plan Year under any other
plan subject to Section 401(m) of the Internal Revenue Code in which he is
eligible (other than one which may not be aggregated with this Plan), to the
eligible Employee’s compensation, as defined in Section 414(s) of the
Internal Revenue Code, for such Plan Year. In addition, all or a portion of
the Tax-Deferred Contributions actually paid to the Plan on behalf of
eligible Employees other than Highly Compensated Employees may be taken into
account in determining the Actual Contribution Percentage for such group,
provided that the Plan continues to satisfy the Actual Deferral Percentage
Test under sub-section 4.2(b)(2) without regard for such amount of
Tax-Deferred Contributions taken into account hereunder. The Actual
Contribution Percentage Test shall be calculated in accordance with Section
401(m) of the Internal Revenue Code and Treasury Regulations thereunder,
which are hereby incorporated by this reference.






	 	(c)	 	In the event that at the end of the Plan Year it is determined that the Plan
would otherwise fail to satisfy the Actual Contribution Percentage Test for that Plan
Year, or to prevent multiple use of the alternative limitation, the Administrative
Committee may determine either (i) that an additional Employer Contribution shall be
made pursuant to sub-section 5.1(b) or (ii) to reduce the amount of Contributions
allocated to the Accounts of Highly Compensated Employees in a manner similar to that
set forth in sub-section 4.2(b)(3)(ii), and to have such amounts (together with any
income allocable to such amounts for such Plan Year) paid to such Highly Compensated
Employees in accordance with Section 401(m) of the Internal Revenue Code and Treasury
Regulations thereunder, to the extent the Administrative Committee deems necessary so
as to cause the Plan to satisfy the Actual Contribution Percentage Test, such reduction
to be made in the following order of priority:






	 	(i)	 	Supplemental After-Tax Contributions,
	 
	 	(ii)	 	Basic After-Tax Contributions and corresponding Employer
Contributions, and
	 
	 	(iii)	 	Any additional excess Employer Contributions,




20









 












	 	 	 	except that non-vested Employer Contributions shall not be paid but shall be
forfeited and applied under Article XII. The earnings (or losses) allocable to
excess contributions shall be determined by multiplying the earnings (or losses)
allocable to the Highly Compensated Employee’s After-Tax Contributions and Employer
Contributions on his behalf for the Plan Year by a fraction, the numerator of which
is the excess contribution on behalf of the Highly Compensated Employee for the Plan
Year and the denominator of which is the sum of the Highly Compensated Employee’s
After-Tax Contributions and Employer Contributions Account balances on the last day
of the Plan Year reduced by the earnings (or increased by the losses) allocable to
such account balances for the Plan Year. Any amounts to be distributed to a Highly
Compensated Employee pursuant to this Subsection 5.2(c) shall be made within 12
months after the close of the Plan Year in which the Plan failed to satisfy the
Actual Contribution Percentage Test.






	5.3	 	As soon as practicable after the posting of the Employee’s Basic Tax-Deferred Contributions
or Basic After-Tax Contributions to the Employee’s Accounts by the Plan’s recordkeeper, each
Employer shall pay or transfer to the Trustee the amount of its Employer Contribution for such
month prescribed by Section 5.1.





ARTICLE VI




MEMBERS’ ACCOUNTS





	6.1	 	There shall be established and maintained for each Member, to the extent applicable:






	 	(a)	 	a Basic After-Tax Contribution Account;
	 
	 	(b)	 	a Tax-Deferred Contribution Account;
	 
	 	(c)	 	an Employer Contribution Account;
	 
	 	(d)	 	a Supplemental After-Tax Contribution Account,
	 
	 	(e)	 	a Supplemental Tax-Deferred Contribution Account,
	 
	 	(f)	 	a Rollover Contribution Account, and
	 
	 	(g)	 	effective, June 1, 2001, a GSOP Account






	6.2	 	The Administrative Committee shall establish and maintain (or cause to be established and
maintained) the applicable Accounts for each Member.
	 
	6.3	 	The amount of a Member’s Basic After-Tax Contributions shall be credited to his Basic
After-Tax Contribution Account.




21









 






	6.4	 	The amount of a Member’s Basic and Supplemental Tax-Deferred Contributions shall be credited
to his Tax-Deferred Contribution Account.
	 
	6.5	 	The amount of a Member’s Supplemental After-Tax Contributions shall be credited to his
Supplemental After-Tax Contribution Account.
	 
	6.6	 	The aggregate amount of an Employer’s Contributions, including the amount of forfeitures then
to be applied to reduce the Contributions of such Employer pursuant to Article XII, shall be
credited to the Employer Contribution Accounts of Members employed by such Employer, in
amounts equal to the appropriate percentage of each Member’s Basic Tax-Deferred and Basic
After-Tax Contributions determined pursuant to Section 5.1, when credited pursuant to
sub-section 6.7(2).
	 
	6.7	 	As of the end of each business day, the net worth of the assets of each investment fund under
Article VII of the Plan shall be determined. In determining such net worth, the assets of the
investment fund shall be valued at their fair market value as of such valuation day and any
liabilities or other amounts properly chargeable against such investment fund shall be
deducted. The assets of the investment fund shall be allocated among the account balances of
Members in the investment fund in the following manner:






	 	(1)	 	The balance for each Member in the investment fund as of the preceding business
day, after reduction by any withdrawals or distributions made as of such day (the
“opening balance”) shall be determined.
	 
	 	(2)	 	The opening balance shall be increased by and credited with the dollar amount
of Contributions credited to the investment fund since the preceding business day, (the
“adjusted balance”), and shall include all deductions from all paychecks preceding that
day that have been posted to the Plan.
	 
	 	(3)	 	The fair market value of the investment fund on the day of valuation shall be
apportioned to each Member in the ratio that the adjusted account balance for such
Member as of the day of valuation bears to the total of the adjusted balances in the
investment fund as of such valuation date. The fair market value of a guaranteed
income or guaranteed accumulation contract issued by an Insurance Company or of an
interest thereunder shall be measured by the amount held under such contract or in
respect of such interest as reported by the Insurance Company.






	6.8	(a)	 	The term “Account Addition” means, for any Member for any limitation year, the sum of:




22









 












	 	(1)	 	the Employer Contributions and Tax-Deferred Contributions under
this Plan for the Member’s Accounts including any adjustment under Article XII,
plus any employer contribution allocated to the Member’s account under any
other defined contribution plan (as described in Section 414(i) of the Internal
Revenue Code), any individual medical account (as described in Section 415(1)
of the Internal Revenue Code) or any key employee’s post-retirement medical
benefit account (as described in Section 419A(d) of the Internal Revenue Code)
maintained by an Employer or an Affiliated Company,
	 
	 	(2)	 	the Member’s After-Tax Contributions under this Plan, plus any
employee contribution allocated to the Member’s account under any other plan
maintained by an Employer or an Affiliated Company, and
	 
	 	(3)	 	forfeitures allocated to the Member’s account under any other
defined contribution plan maintained by an Employer or an Affiliated Company.






	 	(b)	 	The total Account Addition for any Member for any limitation year shall not
exceed the lesser of:






	 	(1)	 	$30,000 (as adjusted for cost-of-living increases pursuant to
Section 415(d) thereof); or
	 
	 	(2)	 	25% of the Member’s total compensation (within the meaning of
Treasury Regulations § 1.415-2(d)) for such limitation year.






	 	 	 	If a Member’s Account Addition for any limitation year exceeds the foregoing
limitation, his Supplemental After-Tax Contributions for the Plan Year (and
allocable income thereon) shall be reduced and returned to the Member. If, after
returning such contributions to the Member, an excess still exists, his Basic
After-Tax Contributions and the related Employer Contributions for the Plan Year
(and allocable income thereon) shall then be reduced proportionately; such Basic
After-Tax Contributions shall be refunded to him as soon as practicable. If further
reduction is necessary, his Tax-Deferred Contributions and any related Employer
Contributions for the Plan Year (and allocable income thereon) shall be reduced
proportionately; such Tax-Deferred Contributions shall be refunded to him as soon
as practicable. The amount of any reduction in Employer Contributions and income
allocable to any reduction in Contributions shall be held in the Fund and shall be
applied under Article XII




23









 






	 	 	 	to reduce subsequent Employer Contributions.
	 
	 	(c)	 	For purposes of this Section 6.8, the limitation year shall be the Plan Year.
All defined contribution plans (whether or not terminated) maintained by an Employer or
an Affiliated Company shall be treated as one defined contribution plan, provided that
for purposes of this Section 6.8, “Affiliated Company” shall have the meaning set forth
in sub-section 2.1(b) except that the phrase “more than 50 percent” shall be
substituted for the phrase “at least 80 percent” in each place such latter phrase
appears in Section 1563(a)(1) of the Internal Revenue Code referenced in Section 414(b)
thereof.
	 
	 	(d)	 	The combined limitation that was in effect pursuant to Section 415(e) of the
Internal Revenue Code for limitation years beginning prior to January 1, 2000 ceased to
apply to this Plan (and to plans merged into this Plan) for limitation years beginning
on or after January 1, 2000.





ARTICLE VII




INVESTMENT FUNDS





	7.1	 	Each Member shall be entitled to direct that Contributions to be credited to his Accounts
shall be invested (in integral multiples of 1%) in one or more of the Fixed Rate Fund or
Stable Value Fund, effective October 1, 2001), the Balanced Fund, the Indexed Equity Fund, the
International Equity Fund, the Large Cap Growth Fund, the LifePath Portfolio, the Managed
Equity Fund, the Intermediate Term Bond Fund, the Small Cap Equity Fund and/or, effective June
1, 2001, the Siemens AG Stock Fund. A Rollover Contribution made by a Member to the Plan shall
be invested in accordance with the investment directions the Member has made with respect to
the Contributions credited to his accounts in the Plan.
	 
	 	 	In the absence of a Member’s direction as to the investment of Contributions credited to his
Accounts, such Contributions shall be invested 100% in the Fixed Rate Fund (or Stable Value
Fund, effective October 1, 2001).
	 
	 	 	Each Member also may elect to change prospectively his investment election and/or change the
investment fund and the percentage to be invested in a particular fund for amounts that have
already been contributed to his Accounts, (in integral multiples of 1% of the amounts held
in each fund from which a transfer is to be made) without any limitation on the frequency of
such elections, by calling the Siemens Benefits Service Center or by any other method
prescribed by the Administrative Committee.




24









 






	7.2	 	Fixed Rate Fund. The Fixed Rate Fund invests in a diversified portfolio of
investment contracts with insurance companies, banks or other financial institutions, some of
which are backed by portfolios of publicly traded fixed income securities. The Fund is
designed to provide a steadily increasing principal value. Effective October 1, 2001, this
Fund shall be known as the Stable Value Fund and, effective on such date, the Fund will accrue
interest each day based on the rates being paid by the underlying investments, with such
interest being added to the Member’s account balance. The net asset value of the Stable Value
Fund increases daily, reflecting the addition of the accrued interest.
	 
	7.3	 	Balanced Fund. The Balanced Fund shall consist of a fund managed by the Trustee,
Insurance Company or investment manager appointed by the Investment Committee, or invested in
a registered investment company selected by the Investment Committee, which in either case
shall be invested in both publicly-traded U.S. fixed-income securities and equity securities
of corporations traded on U.S. securities exchanges. Generally, up to one-half of the
Balanced Fund’s assets shall be invested in fixed-income securities, but such allocation may
be changed from time to time to reflect prevailing economic conditions. The income from the
investments in such fund and the Contributions and transferred amounts directed thereto shall
be invested therein as soon as practicable and, pending such investment, shall be invested by
the Trustee in a short-term investment account. All amounts invested in the Balanced Fund
shall be subject to the conditions of any pooled fund in which such amounts are invested.
Effective March 1, 2001, the Balanced Fund is eliminated from the Plan.
	 
	7.4	 	Indexed Equity Fund. The Indexed Equity Fund shall consist of a fund managed by the
Trustee, Insurance Company or investment manager appointed by the Investment Committee, or
invested in a registered investment company selected by the Investment Committee, which in
either case shall be invested primarily in shares of common stock of the corporations included
in the Standard & Poor’s 500 Corporate Stock Index, with the aim of closely approximating the
total return of such index. The income from the investments in such fund and the
Contributions and transferred amounts directed thereto shall be invested therein as soon as
practicable and, pending such investment, shall be invested by the Trustee in a short-term
investment account. All amounts invested in the Indexed Equity Fund shall be subject to the
conditions of any pooled fund in which such amounts are invested.
	 
	7.5	 	International Equity Fund. The International Equity Fund shall consist of a fund
managed by the Trustee, Insurance Company or investment manager appointed by the Investment




25









 






	 	 	Committee, or invested in a registered investment company selected by the Investment
Committee, which in either case shall be invested primarily in shares of common stock and
other equity securities issued by companies principally based outside the United States.
The income from the investments in such fund and the Contributions and transferred amounts
directed thereto shall be invested therein as soon as practicable and, pending such
investment, shall be invested by the Trustee in a short-term investment account. All
amounts invested in the International Equity Fund shall be subject to the conditions of any
pooled fund in which such amounts are invested.
	 
	7.6	 	Large Cap Growth Fund. The Large Cap Growth Fund shall consist of a fund managed by
the Trustee, Insurance Company, or investment manager appointed by the Investment Committee
which has as its objective capital growth over time. The Fund will have an aggressive
investment strategy that will tend to increase both the volatility (upward and downward
movement) of the Fund and its long-term growth potential. The manager of the Fund will
identify companies with accelerating earnings and revenues and that invest primarily in common
stocks considered to have better-than-average prospects for appreciation. Essentially, the
Fund will be invested 100% in stocks at all times.
	 
	7.7	 	LifePath Fund. The LifePath Fund shall consist of separate funds managed by the
Trustee, Insurance Company, or investment manager that will seek, using a computer-based asset
allocation strategy, to maximize a Member’s investment results in terms of the time frame
chosen by the Member as to when the Member expects to need money from his Accounts.
	 
	7.8	 	Managed Equity Fund. The Managed Equity Fund shall consist of a fund managed by the
Trustee, Insurance Company or investment manager appointed by the Investment Committee which
has as its objective the achievement of long-term capital growth while generating returns that
are generally higher than the stock market average. The Managed Equity Fund aims to achieve
this by investing in a widely diversified portfolio of select stocks issued primarily by large
and medium sized companies.
	 
	7.9	 	Intermediate-Term Bond Fund. The Intermediate-Term Bond Fund shall consist of a fund
managed by the Trustee, Insurance Company, or investment manager appointed by the Investment
Committee which has as its objective investment in a variety of fixed income bonds that mature
over an average of ten years, including investments in U.S. government bonds, corporate bonds,
mortgage bonds, and U.S. dollar and foreign currency bonds of foreign issues.
	 
	7.10	 	Small Cap Equity Fund. The Small Cap Equity Fund shall consist of a fund managed by
the Trustee, Insurance Company,




26









 






	 	 	or investment manager appointed by the Investment Committee which has as its objective
investment in a diverse group of small U.S. companies whose securities are traded in the
U.S. securities markets and whose market value is comparable to that of smaller companies
listed on the New York Stock Exchange.
	 
	7.11	 	Siemens AG Stock Fund (Effective June 1, 2001). The Siemens AG Stock fund is a
unitized Fund that tracks the performance of Siemens AG ordinary stock. The Fund shall invest
only in Siemens AG ordinary stock, with a small amount in money market instruments to provide
needed liquidity and to accommodate daily transactions. It is not actively managed. The
investments of this Fund are made without regard to stock price or investment outlook. The
Trustee will buy and sell the Siemens AG ordinary stock at fair market value, paying brokerage
commissions from Fund assets. Cash dividends are paid into this Fund on the date paid by
Siemens AG. The dividends are paid in cash at the rate of 85% of the full dividend due to
foreign withholding taxes. The number of units will increase when dividends are paid. Any
voting rights that a Member may have with respect to shares of Siemens AG upon which the
Siemens AG Stock Fund is based shall be determined under the provisions of the Master Trust
Agreement applicable to the Plan.





ARTICLE VIII




VESTING





	8.1	 	The Tax-Deferred, Basic After-Tax, Supplemental After-Tax and Rollover Contribution Accounts
of each Member are at all times 100% vested and non-forfeitable.
	 
	8.2	 	Except as provided in Sections 8.3 and 8.4, a Member shall vest in his Employer Contribution
Account based upon the number of years of his Continuous Employment (excluding Continuous
Employment disregarded pursuant to sub-section 2.1(i)) in accordance with the following
schedule:





	 	 	 	 	 
	Years of Continuous Employment	 	Vested Percentage
	Less than 2 years
	 	 	0	%
	2 but less than 3 years
	 	 	40	%
	3 but less than 4 years
	 	 	60	%
	4 but less than 5 years
	 	 	80	%
	At least 5 years
	 	 	100	%







	8.3	 	Notwithstanding Section 8.2, upon the occurrence of any of the following events, a Member
shall become 100% vested in amounts credited to his Employer Contribution Account to and
including the date of such event:






	 	(a)	 	Retirement;




27









 






	 	(b)	 	death or termination of the Member’s service with all Employers by reason of
Disability;
	 
	 	(c)	 	termination of the Plan, partial termination of the Plan which directly affects
the Member, or complete discontinuance of contributions;
	 
	 	(d)	 	permanent layoff; or
	 
	 	(e)	 	transfer without intervening employment to the employ of an Affiliated Company
which is not an Employer and which is not located in the United States.






	8.4	 	A Member who ceases to be an eligible Employee without termination of his employment by an
Employer will continue to be deemed a Member of the Plan for purposes of vesting in his
Employer Contribution Account for as long as he remains in the employment of an Employer or of
an Affiliated Company which is not an Employer.
	 
	8.5	 	In the case of a Member who has his Accounts transferred to this Plan in accordance with the
provisions of Section 3.1 of this Plan, such Member’s vested portion of such Accounts shall be
determined in accordance with the vesting provisions of Article VIII of the Plan taking into
account all the years of Continuous Employment such Member has.





ARTICLE IX




LOANS





	9.1	 	(a) The Administrative Committee is hereby authorized to establish and administer a program
of making loans to Members in the active service of an Employer, or former Members who are
still employed by an Affiliated Company, from such Members’ respective Accounts in accordance
with this Article IX. A Member who is the active service of an Employer, and a former Member
who is still employed by an Affiliated Company, may borrow from the Plan an amount which does
not exceed the smallest of:






	 	(i)	 	$50,000 minus the excess of (i) the highest outstanding loan
balance of the Member during the twelve months immediately preceding the
business day as of which the loan is made over (ii) the outstanding balance of
loans from the Plan on the date on which such loan is made, or
	 
	 	(ii)	 	50% of the balance of the Member’s vested Accounts determined
as of the day preceding the date as of which the loan is made, minus the
outstanding balance of the Member’s loans on such date, or
	 
	 	(iii)	 	such lesser maximum as the Administrative




28









 






	 	 	 	Committee may establish to apply uniformly to all loans under the Plan.






	 	(b)	 	The minimum amount of any loan shall be $1,000.
	 
	 	(c)	 	The term of any loan shall not exceed the lesser of (i) five years or,
effective July 1, 2001, four years, or (ii) the period required to amortize the loan by
principal payments of $5 per week or $10 biweekly; except that a loan made specifically
for the purpose of acquiring a dwelling unit which within a reasonable period of time
(determined at the time the loan is made) will be used as the Member’s principal
residence may be for a term not to exceed 30 years.
	 
	 	(d)	 	Loans shall bear a reasonable rate of interest as the Administrative Committee
may determine from time to time, in guidelines promulgated for such purpose and
communicated to Members, in accordance with the provisions of Section 4975(d)(1) of the
Internal Revenue Code, Section 408(b)(1) of the Act and the regulations thereunder, and
other applicable legal requirements.






	9.2	 	A Member may request only two loans from the Plan in any Plan Year. No more than two loans
to any Member may be outstanding at any time.
	 
	9.3	 	A Member’s application for a loan shall consist of a note to the Trustee or Insurance Company
establishing the Member’s personal liability therefor and an authorization for payroll
deductions to the extent necessary to satisfy the principal and interest, in such forms as
prescribed by the Administrative Committee. In addition, a Member requesting a loan for the
purchase of a principal residence must submit with the loan application a copy of the executed
purchase and sale contract with respect to such residence.
	 
	9.4	 	Loans shall be repaid by payroll deductions in equal installments computed to repay the
principal and interest at the declared rate over the term of such loans. A lump sum repayment
of the entire outstanding balance of a loan may be made by the Member at any time; however,
partial prepayment shall not be permitted.
	 
	9.5	 	Loans from the Plan shall not operate to reduce a Member’s Accounts when made, but shall be
considered a directed investment of such Accounts in the Member’s note to the Trustee or
Insurance Company. Each loan shall be made from the Member’s balance in each of the
investment funds in which his Accounts are then invested determined as of the day before the
day, as of which the loan is made) in the proportion that the Member’s balance in each such
fund bears to the total of the Member’s balances in all such investment






29









 







funds.
However, the making of a loan shall not be considered a change of investment
election or a transfer election for the purposes of Section 7.1. Loans shall be considered
as made from within each Member’s Accounts in the following order: Tax-Deferred
Contribution Account, vested balance in Employer Contribution Account, Rollover Contribution
Account, Basic After-Tax Contribution Account and Supplemental After-Tax Contribution
Account. Repayment of loans shall be made to such Member’s Accounts in the inverse order
from which they were considered as made, and shall be credited for investment in accordance
with the Member’s investment election then in effect under Article VII.




	9.6	 	Each Loan to a Member shall be secured by 50% of the Member’s vested Accounts and such other
collateral that the Administrative Committee deems necessary or appropriate. In the event of
default, the Tax-Deferred Contribution Account shall be considered the last account to be used
for satisfaction of the loan balance if a distribution or withdrawal could not then be made
from such account pursuant to Section 401(k) of the Internal Revenue Code.






	9.7	 	Anything in the Plan to the contrary notwithstanding, a Member shall not be permitted to make
any withdrawal of funds which would reduce the aggregate balance of his vested Accounts below
an amount equal to the outstanding principal balance (and accrued interest thereon) of his
loans from the Plan.






	9.8	 	In the event of termination of employment with all Employers, a Member’s loan balance and
accrued interest shall become due and payable and, if such loan balance and interest is not
repaid within 90 days after such termination of employment, the Member shall be in default on
the loan and shall be deemed to have elected a withdrawal in the amount of such outstanding
balance, and such deemed withdrawal shall be applied to satisfy the Member’s liability on the
loan.






	9.9	 	The Administrative Committee may prescribe such other terms and conditions for loans not
inconsistent with the foregoing requirements as the Administrative Committee may deem
desirable.





ARTICLE X




WITHDRAWALS





	10.1	 	A Member, including a former Member who is still employed by an Affiliated Company, may make
a withdrawal from his Basic After-Tax, Supplemental After-Tax or Rollover Contribution
Account, or from the vested portion of his Employer Contribution Account, by calling the
Siemens Benefit Service





30









 











Center or by any other method prescribed by the Administrative Committee and the amount of a
withdrawal must be at least $250 or 100% of the amount available for withdrawal if less than
$250.




Withdrawals shall be made from within each Member’s Accounts in the following order:
Supplemental After-Tax Contribution Account, Basic After-Tax Contribution Account, Rollover
Contribution Account and Employer Contribution Account. Notwithstanding the foregoing,
withdrawals from these Accounts shall be made from Supplemental and Basic After-Tax
Contributions by the Member prior to January 1, 1987 until the balance of all such
contributions is exhausted. Subsequent to withdrawal of all pre-1987 After-Tax
Contributions, withdrawals from Supplemental After-Tax Contribution Accounts first, and
thereafter from Basic After-Tax Contribution Accounts, shall be apportioned between
After-Tax Contributions and earnings thereon in the proportion that the sum of the balance
of After-Tax Contributions not withdrawn for all such accounts bears to the balance of
earnings not withdrawn for all such accounts as of the date preceding the date the
withdrawal is made. If a Member has been a member in the Plan, a predecessor plan or, with
respect to a Member whose benefit under another plan was transferred to this Plan, such
transferor plan, in the aggregate for less than five years and such Member elects to
withdraw Basic After-Tax Contributions made to the Plan on or after January 1, 1987 or
Employer Contributions made to the Plan within two years of the day as of which the
withdrawal is to be made, Employer Contributions on behalf of the Member shall be suspended
for a three-month period following the end of the month after the withdrawal is made.




Payments pursuant to a withdrawal election shall be made as soon as practicable after the
election is approved. A Member may make only two withdrawals pursuant to this Section 10.1
in any Plan Year not including for this purpose a withdrawal in the event of a vesting
occurrence described in Section 8.3.




	10.2	 	A Member, including a former Member who is still employed by an Affiliated Company, who has
reached age 591/2 may make a withdrawal of his Tax-Deferred Contributions in accordance with
Section 10.1 above, but he shall not be limited to two such withdrawals each Plan Year.






	10.3	 	A Member, including a former Member who is still employed by an Affiliated Company, who has
not reached age 591/2 may, by calling the Siemens Benefit Service Center or by any other method
prescribed by the Administrative Committee, request a withdrawal of an amount not greater than
the balance of his Tax-Deferred Contribution Account (but not including any Contributions
credited to such account pursuant to sub-section 5.1(b) or any earnings in such account
credited




31









 












after December 31, 1988) as of the last business day preceding the date his withdrawal is
made, but only on account of hardship. For the purposes of this Section 10.3, a withdrawal
will be on account of hardship if the distribution is necessary in light of immediate and
heavy financial needs of the Member. The determination of the existence of financial
hardship and the amount required to be distributed to meet the need created by the hardship
shall be made by the Administrative Committee in accordance with uniform and
nondiscriminatory standards consistent with Treasury Regulations § 1.401(k)-1.
Notwithstanding the preceding sentence, a distribution will be deemed to be made on account
of an immediate and heavy financial need if the distribution is on account of any of the
conditions so described under Treasury Regulations § 1.401(k)-1 or published IRS rulings at
the time a withdrawal on account of hardship is requested, including but not limited to
non-reimbursed medical expenses, tuition for post-secondary education, purchase of a primary
residence and prevention of eviction from or foreclosure on the mortgage of a primary
residence. A Member who makes a hardship withdrawal pursuant to this Section 10.3 shall
have taken all available loans and withdrawals under the Plan and all other plans maintained
by the Company and its Affiliated Companies.




A withdrawal shall be deemed necessary if




	 	(a)	 	the Administrative Committee receives from the Member a representation that the
need cannot reasonably be relieved






	 	(i)	 	Through reimbursement or compensation by insurance or
otherwise,
	 
	 	(ii)	 	By liquidation of the assets of the Member, including assets of
the Member’s spouse or minor children that are reasonably available to the
Member,
	 
	 	(iii)	 	By cessation of Tax-Deferred Contributions and After-Tax
Contributions under the Plan, or
	 
	 	(iv)	 	By other distributions or nontaxable (at the time of the loan)
loans from plans maintained by the Employer or by any other employer, or by
borrowing from commercial sources on reasonable commercial terms in an amount
sufficient to satisfy the need, and






	 	(b)	 	the Administrative Committee does not have actual knowledge to the contrary.






For purposes of the immediately preceding sentence, a need cannot reasonably be relieved by
one of the actions listed



32









 







above if the effect would be to increase the amount of the need.




	10.4	 	When a withdrawal is made under the Plan, the amount of such withdrawal shall be paid from a
Member’s balance in each of the investment funds in which the Member’s Accounts are then
invested determined as of the last business day preceding the date as of which the withdrawal
is made and the amount of the withdrawal in all cases shall be paid ratably from each of the
investment funds in the proportion that each such fund bears to the total of the Member’s
balances in all such investment funds. Any distribution on account of a withdrawal shall be
made only by a single lump sum payment in cash to the Member.





ARTICLE XI




DISTRIBUTIONS





	11.1	 	(a) Upon a termination of service with all Employers by a Member who is 100% vested in his
Employer Contribution Account, except by reason of the death of the Member, and subject to the
provisions of sub-section 11.1(d), the Member shall have distributed to him the amounts
credited to his Accounts as soon as practicable following, such termination of service;
provided that, if the amounts so credited exceed the maximum dollar amount that may be
distributed without the consent of a Member pursuant to Section 411(a)(11) of the Internal
Revenue Code (“Applicable Dollar Amount”) (which amount was increased to $5,000 effective
January 1, 1998 for this Plan and plans merged into this Plan), the Member may elect to delay
distribution (and no distribution may be made prior to the end of the calendar year in which
the Member attains age 70 1/2 absent his election to receive a distribution) in which case the
amounts credited to his Accounts shall be distributed as of such subsequent date as the
Member may elect in accordance with Section 11.3 subject to the limitations set forth in
Section 11.6.






(b) Upon a vesting occurrence described in sub-section 8.3(c), there shall be distributed to
each affected Member, in a single lump sum payment, the amounts credited to his Accounts as
soon as possible following, such vesting occurrence.




(c) Upon a Member’s termination of service by reason of death, there shall be distributed to
his Beneficiary, in accordance with Section 11.3, the amounts credited to such Member’s
Accounts as soon as possible following such Member’s death.




(d) A Member who terminates employment with all Employers, but who is transferred without
intervening employment to the employ of an Affiliated Company located in the United States



33









 







which is not an Employer, shall not be entitled to a distribution of his Accounts pursuant
to sub-section 11.1(a) until the termination of his employment with such Affiliated Company
(or any other Affiliated Company located in the United States to which he is subsequently
transferred without intervening employment), but he shall be entitled to elect, in lieu of
any other benefit or form of distribution payable under the Plan, to have the amounts
credited to his Accounts transferred directly to a thrift or savings plan maintained by the
Affiliated Company which employs such Member, subject to the acceptance of such transferred
amounts by the administrator of such thrift or savings plan.




	11.2	 	Upon a termination of service with all Affiliated Companies by a Member who is not 100%
vested in his Employer Contribution Account, there shall be distributed to him, in accordance
with Section 11.3, the amounts credited to his Basic After-Tax Contribution, Basic
Tax-Deferred Contribution, Supplemental After-Tax Contribution, Supplemental Tax-Deferred
Contribution and Rollover Contribution Accounts and the vested balance (which may be zero) in
his Employer Contribution Account as soon as practicable following, the date of such
termination of service. The non-vested balance in his Employer Contribution Account shall be
forfeited as soon as possible following, the Member’s termination of service and applied as
permitted in Article XII. Notwithstanding the foregoing provisions of this paragraph, if the
vested balance in the Member’s Accounts exceeds the Applicable Dollar Amount (as defined in
sub-section 11.1(a) of the Plan, then (a) such distribution shall not be made to the Member
prior to the end of the calendar year in which he attains age 70 1/2, unless such Member
requests an earlier distribution, and (b) the non-vested balance in such Member’s Employer
Contribution Account shall not be forfeited prior to the earlier to occur of (i) the
distribution of the Member’s entire vested Accounts or (ii) the Member’s incurring a five-year
break in service (as hereinafter defined).






If (a) a Member’s service with all Affiliated Companies terminates under circumstances
covered by this Section 11.2 prior to becoming fully vested in his Employer Contribution
Account, and (b) he is subsequently rehired by an Employer or an Affiliated Company prior to
incurring a five-year break in service, there shall be re-credited to his Accounts, as soon
as practicable following his date of rehire, the amount of the non-vested balance in his
Employer Contribution Account forfeited by him (without interest) and he shall thereafter be
treated as if his service had not theretofore terminated. The amount so to be re-credited to
Members’ Accounts in a Plan Year shall be deducted from any forfeitures for such Plan Year
and, to the extent such forfeitures are not sufficient, Employer Contributions shall be
increased.



34









 






If (a) a Member’s service with all Affiliated Companies terminates under circumstances
covered by this Section 11.2 prior to becoming fully vested in his Employer Contribution
Account, and (b) he is subsequently rehired after incurring a five-year break in service, he
shall be eligible to re-participate in the Plan on his date of reemployment but shall have
no right to have re-credited to his Accounts any amount forfeited by him by reason of the
termination of service. Notwithstanding the foregoing, no forfeiture under the Plan shall
occur after termination of the Plan or complete discontinuance of contributions as provided
in Section 17.2.




For this purpose, a five-year break in service is a period of 60 consecutive months,
beginning with the date on which the Member’s Continuous Employment ceases and during which
the Member does not resume Continuous Employment. In determining whether a Member has a
five-year break in service, the first 24 months of any Maternity or Paternity Absence shall
be disregarded.




	11.3	 	Distribution of Accounts.






The distribution of Accounts under this Plan shall be governed by the following rules:




	 	(a)	 	Termination of service described in Section 11.2. A distribution of
Accounts pursuant to Section 11.2 in the event of termination of service with all
Affiliated Companies by a Member who is not 100% vested in his Employer Contribution
Account can be made under any of the payment methods set forth in Section 11.3 (b).
	 
	 	(b)	 	Vesting occurrence other than death. Any distribution of Accounts,
pursuant to Section 11.1, to a Member who is 100% vested in his Employer Contribution
Account, except by reason of death, and subject to the provisions of sub-section
11.1(d), shall be made, subject to sub-section 11.3(b) and Section 11.6, in one of the
following ways selected by the Member, commencing, in each case, as soon as practicable
after, the amount to be distributed is determined and provided, however, that if the
aggregate value of a Member’s Accounts does not exceed the Applicable Dollar Amount
(as defined in sub-section 11.1(a) the distribution will be made only in one lump sum:






	 	(i)	 	in one lump sum payable at any time up to the end of
the calendar year in which the Member attains age 70 1/2; or
	 
	 	(ii)	 	in part in one lump sum with the balance in installments,
commencing no later than the end






35









 











of the calendar year in which the member attains age 70 1/2; or




	 	(iii)	 	in installments, commencing no later than the end of the
calendar year in which the Member attains age 70 1/2; or
	 
	 	(iv)	 	effective March 1, 2001, up to two partial lump sum
payments each calendar year, as selected by the Member, until the Member’s
Accounts in the Plan are fully distributed, provided, however, that if the
Member’s Accounts have not been fully distributed by the end of the
calendar year in which the Member attains age 70 1/2, the balance shall be
distributed commencing by the end of the calendar year in which the Member
attains age 70 1/2 in one lump sum or in installments.






In no event, however, may any payment pursuant to this sub-section (ii) be
payable over a period extending beyond the life expectancy of the Member or
the joint life and last survivor expectancy of the Member and his spouse.
The amount of any distribution to be made in installments shall be held in
such Investment Funds under the Plan as elected by the Member,
participating proportionately in the gains, losses, income and expenses of
such Funds during the distribution period. A Member who is to receive
distributions in installments may elect to receive monthly or annual
installments. If distributions are made in monthly installments, the amount
of each monthly installment shall be determined as of the day of
distribution, by dividing the amount then remaining on hand for
distribution by the number of monthly installments yet to be made. If
distributions are made in annual installments, the amount of each annual
installment shall be determined as of the date as of which distributions
commence and as of each anniversary thereof by dividing the amount then
remaining on hand for distribution by the number of annual installments yet
to be made.




A Member who has not commenced receiving payments from his Accounts may
change his selection of payment methods under this subsection by calling
the Siemens Benefit Service Center or by any other means prescribed by the
Administrative Committee.




	 	(c)	 	Death. If (i) the Member dies before any payments of his Accounts in the
Plan have been made to him and the




36









 






	 	 	 	aggregate value of the member’s Accounts does not exceed the Applicable Dollar Amount
(as defined in sub-section 11.1 (a)) or (ii) the Member dies after payments of his
Accounts in the Plan have commenced and there is still a remaining amount in the
member’s Accounts in the Plan, the Member’s Beneficiary may select a distribution of
the Member’s Accounts in one of the following ways:






	 	A.	 	If the Member’s Beneficiary is the spouse of the Member: 






	 	(1)	 	in one lump sum, payable at any time up to the
later of the end of the calendar year in which the Member would have
attained age 70 1/2 or the end of the calendar year in which the Member
dies; or
	 
	 	(2)	 	in part in one lump sum with the balance in
installments; over a period not to exceed the life expectancy of the
spouse, commencing no later than the later of the end of the calendar
year in which the Member would have attained age 70 1/2 or the end of the
calendar year in which the Member dies; or
	 
	 	(3)	 	in installments over a period not to exceed the
life expectancy of the spouse, commencing no later than the later of
the end of the calendar year in which the Member would have attained
age 70 1/2 or the end of the calendar year in which the Member dies; or
	 
	 	(4)	 	Effective March 1, 2001, up to two partial lump
sum payments each calendar year, as elected by the Spouse, until the
Member’s Accounts in the Plan are fully distributed, provided,
however, that if the Member’s Accounts have not been fully distributed
by the later of the end of the calendar year in which the Member
attains age 70 1/2 or the end of the calendar year in which the member
dies, the balance shall be distributed commencing as of the end of such
calendar year in installments over a period not to exceed the life
expectancy of the spouse or as a lump sum.






     The amount of any distribution to be made in installments to the spouse of a Member
shall be held in such Investment Funds under the Plan as elected by the spouse,
participating proportionately in the gains, losses, income



37









 






and expenses of such Funds during the distribution period. If distributions are made
in monthly installments, the amount of each monthly installment shall be determined as of
the day of distribution, by dividing the amount then remaining on hand for distribution by
the number of monthly installments yet to be made. If distributions are made in annual
installments, the amount of each annual installment shall be determined as of the date as of
which distributions commence and as of each anniversary thereof by dividing the amount then
remaining on hand for distribution by the number of annual installments yet to be made.




	 	B.	 	If the Member’s Beneficiary is not the spouse of
the Member:
	 
	 	(1)	 	in one lump sum payable as soon as practicable after the death
of the Member; or
	 
	 	(2)	 	in one lump sum payable on the December 31st
following the fifth anniversary of the death of the Member.






C. Notwithstanding any of the provisions of this Section 11.3 (iii) to the contrary,
if a Member dies after the end of the calendar year in which the member attains age
70 1/2 while still receiving payments from his Accounts in the Plan, the payment
methods available to a member’s Beneficiary (whether or not the Beneficiary is the
spouse of the Member) is subject to the minimum distribution requirements of Section
401 (a) (9) of the Code.




D. If a Member has not designated a Beneficiary for the Member’s Accounts, or if no
Beneficiary designation is effective, or if the beneficiary pre-deceases the member
without another beneficiary being designated, the member’s Accounts shall be paid in
accordance with the provisions of Section 16.7(b) of the Plan.




	 	(iv)	 	Transfer of Accounts to Plan of Affiliated Company






A Member who terminates employment with the Employers but who is
transferred without intervening employment to the employ of an Affiliated
Company which is not an Employer, shall be entitled to elect, in lieu of
any other benefit or form of distribution payable under the Plan, to have
the amounts credited to his Accounts transferred directly to a qualified
thrift or savings plan maintained by the Affiliated Company which employs
such Member.




	 	(v)	 	With respect to distributions under the Plan made




38









 












in calendar years beginning on or after January 1, 2001, the Plan will
apply the minimum distribution requirements of Section 401(a)(9) of the
Internal Revenue Code in accordance with the regulations under Section
401(a)(9) that were proposed in January 2001, notwithstanding any provision
of the Plan to the contrary. This provision shall continue in effect until
the end of the last calendar year beginning before the effective date of
final regulations under Section 401(a)(9) or such other date specified in
guidance published by the Internal Revenue Service.




	11.4	 	Distributions shall be charged to the Member’s Accounts in the Fund. The amount of any
distribution of less than the Member’s entire balance in his Accounts shall be paid from the
Member’s Account in the Plan according to the following order: Supplemental After-Tax
Contribution Account, Basic After-Tax Contribution Account, Rollover Contribution Account,
Employer Contribution Account, GSOP Account, Supplemental Tax-Deferred Contribution Account,
and Basic Tax-Deferred Contribution Account






	11.5	 	The distributable amount in a Member’s Account shall be determined on the basis of the value
of such Account on the day preceding the date as of which such distribution is effected.






	11.6	 	Unless a Member otherwise elects, the distribution of benefits under the Plan to him shall
commence no later than the 60th day after the latest of the close of the Plan Year in which
(a) the Member attains age 65, (b) the Member completes 10 years of participation in the Plan,
or (c) the Member terminates his service with the Employers and the Affiliated Companies.
Notwithstanding the preceding sentence, a Member whose total vested Accounts exceed the
Applicable Dollar Amount (as defined in subsection 11.1(a) of the Plan) shall be required to
file a claim for benefits before the payment of benefits will commence, except as may be
otherwise required in order to comply with the distribution requirements hereinafter set forth
in this Section 11.6. Anything in this Plan to the contrary notwithstanding, effective
January 1, 1999, distributions under the Plan to a Member (other than a 5-percent owner, as
defined below) shall commence no later than April 1 of the calendar year next following the
later of (i) the calendar year in which he attains age 701/2 or (ii) the calendar year in which
the Member terminates his service with the Employers and the Affiliated Companies. However,
notwithstanding the immediately preceding sentence any Member who has attained age 70 1/2 before
January 1, 1999 and is still employed with an Affiliated Company, and who is not a 5-percent
owner of an Employer within the meaning of




39









 












Section 4 (i)(1)(B)(i) of the Internal Revenue Code (“5- Percent Owner”) shall have a
one-time election to either continue receiving or begin to receive distributions of his
benefit from the Plan under Section 401(a)(9) of the Internal Revenue Code or else defer
receipt of any further benefit payments until he actually retires. If the Member is a
5-Percent Owner, distribution of such Member’s Accounts under the Plan shall commence no
later than April 1 of the calendar year next following the calendar year in which he or she
attains age 70 1/2, even if such Member has not yet terminated from employment.




	11.7	 	A Member terminating service with the Employers who elects (or, by operation of sub-section
11.1(a) or 11.1(d) or the first paragraph of Section 11.2, is deemed to have elected) to defer
the distribution of his vested Accounts shall continue to be entitled to direct the investment
of such vested Accounts in accordance with Article VII pending distribution.






	11.8	 	Prior to the time a Member commences to receive payments from his Accounts, the Member may
change the payment method he has selected under subsection 11.3 (b). A Member who is receiving
payments from his Accounts and who has selected an installment method of payment under
subsection 11.3(a)(ii) may change the remaining period over which the installment payments
shall be made, including selecting an immediate single lump sum payment of the remaining
balance, provided, however, the modified payment period cannot exceed the life expectancies of
the Member and the Member’s spouse.






The Beneficiary of a Member may change the payment method the Beneficiary has selected under
subsection 11.3 (c) prior to the time the Beneficiary commences to receive payments from the
Account of the Member. If a Member’s spouse has selected an installment method of payment
under subsection 11.3(c), the spouse may change the remaining period over which the
installment payments shall be made, including selecting an immediate single lump sum payment
of the remaining balance, provided, however, the modified payment period cannot exceed the
life expectancy of the spouse.




	11.9	 	Effective with withdrawals or distributions made on or after January 1, 1993, notwithstanding
any provision of the Plan to the contrary that would otherwise limit a distributee’s election
under this Article, a distributee may elect, at the time and in the manner prescribed by the
Plan administrator, to have any portion of an eligible rollover distribution paid directly to
an eligible retirement plan specified by the distributee in a direct rollover. Such
distribution may commence less than 30 days after the notice required under Section
1.411(a)-11(c) of the Income Tax Regulations is given, provided that:




40









 












	 	(1)	 	the Plan administrator clearly informs the Member that the
Member has a right to a period of at least 30 days after receiving the notice
to consider the decision of whether or not to elect a distribution (and, if
applicable, a particular distribution option), and






	 	(2)	 	the Member after receiving the notice, affirmatively elects a
distribution.






For purposes of this Section, an eligible rollover distribution is any distribution of all
or any portion of the balance to the credit of the distributee, except that an eligible
rollover distribution does not include: any distribution that is one of a series of
substantially equal periodic payments (not less frequently than annually) made for the life
(or life expectancy) of the distributee or the joint lives (or joint life expectancies) of
the distributee and the distributee’s designated beneficiary, or for a specified period of
ten years of more; any distribution to the extent such distribution is required under
Section 401(a)(9) of the Internal Revenue Code; any hardship distribution under Section
401(k)(2)(B)(i)(IV) of the Internal Revenue Code; and the portion of any distribution that
is not includible in gross income (determined without regard to the exclusion for net
unrealized appreciation with respect to employer securities).




For the purpose of this Section, an eligible retirement plan is an individual retirement
account described in Section 408(a) of the Internal Revenue Code, an individual retirement
annuity described in Section 408(b) of the Internal Revenue Code, an annuity plan described
in Section 403(a) of the Internal Revenue Code, or a qualified trust described in Section
401(a) of the Internal Revenue Code, that accepts the distributee’s eligible rollover
distribution. However, in the case of an eligible rollover distribution to the surviving
spouse, an eligible retirement plan is an individual retirement account or individual
retirement annuity.




For purposes of this Section, a distributee includes an Employee or former Employee. In
addition, the Employee’s or former Employee’s surviving spouse and the Employee’s or former
Employee’s spouse or former spouse who is the alternate payee under a qualified domestic
relations order, as defined in section 414(p) of the Internal Revenue Code, are distributees
with regard to the interest of the spouse or former spouse.




For purposes of this Section, a direct rollover is a payment by the plan to the eligible
retirement plan specified by the distributee.



41









 





ARTICLE XII




APPLICATION OF FORFEITURES



Any amount which shall be forfeited by a Member pursuant to Section 4.2, 5.2, 6.8 or 11.2 shall be
applied, as soon as practicable, to reduce Employer Contributions.




ARTICLE XIII




FUNDING



The Company, by the action of the Board of Directors, shall designate the Trustee or Insurance
Company to act under the Plan. The Company may, without reference to or action by any Employee,
Member or Beneficiary or any other Employer, enter into a Trust Agreement with the Trustee or a
contract or policy with the Insurance Company and from time to time enter into further agreements
with either amending the same. The Company may at any time remove the Trustee and appoint a
successor Trustee or may designate an additional or substitute Insurance Company.




ARTICLE XIV




ADMINISTRATION





	14.1	(a)	 	The Plan shall be administered by the Administrative Committee and the Investment
Committee which shall have the respective powers, duties and responsibilities set forth in
specific provisions of the Plan and otherwise in accordance with the Sections of this Article
XIV for carrying out the provisions of the Plan.
	 
	 	(b)	 	There shall be nine members of the Administrative Committee, composed of the
Director of Employee Benefits of the Company, as chairperson, the Vice President,
Controller of the Company and seven representatives of Affiliated Companies located in
the United States designated from time to time by the Vice President of Human Resources
of the Company. There shall be three members of the Investment Committee, composed of
the Chief Financial Officer of the Company, as chairperson, the Vice President,
Treasurer of the Company, and the Vice President — Human Resources of the Company.
Effective March 1, 2001, there shall be six members of the Investment Committee,
composed of the Chief Financial Officer of the Company, as chairperson; Vice President,
Treasurer of the Company; Vice President – Human Resources of the Company; Senior Vice
President – Legal Counsel of the Company; Vice President – Mergers & Acquisitions of
the Company; and Vice President – Accounting & Controls of the Company. A member of
either of the Committees may, but need not be a Member of the Plan. Each person
appointed a





42









 
















	 	 	 	member of either of the Committees shall signify his acceptance by filing a written
acceptance with the Board of Directors and with the secretary of the applicable
Committee. Any member of either of the Committees may be removed by the Board of
Directors or may resign by delivering his written resignation to the Board of
Directors and to the secretary of the applicable Committee.
	 
	 	(c)	 	The chairperson of each of the Committees shall appoint a secretary, who need
not be a Member of the Plan nor a member of such Committee. Each of the Committees may
delegate to one or more sub-committees comprised of its members the powers of such
Committee as its members shall determine; may authorize one or more of its members or
any agent to exercise any of such Committee’s powers, ministerial or discretionary, or
to execute or deliver any instrument or make any payment in its behalf; and may employ
such counsel, accountants, actuaries and other agents and clerical services as it
requires in carrying out the provisions of the Plan over which such Committee has any
responsibility.
	 
	 	(d)	 	Each of the Committees shall hold meetings upon such notice, at such place or
places, and at such time or times as its members may determine from time to time. A
numerical majority of the members of the applicable Committee then in office shall
constitute a quorum for the transaction of such Committee’s business. All resolutions
or other actions taken by the applicable Committee shall be by the vote of a
three-fifths majority of those present at a meeting, or by a writing signed by at least
three-fifths of all members at the time in office if they act without a meeting.
	 
	 	(e)	 	All expenses incurred in connection with the administration of the Plan and the
Fund including, but not limited to, administrative expenses and proper charges and
disbursements of the Trustee, Insurance Company and the Committees, and compensation
and other expenses and charges of any actuary, legal counsel, accountant, investment
adviser, broker, specialist or other person employed by the Trustee, Insurance Company
or either of the Committees, shall be paid from the Fund unless paid by the Employers;
provided, however, that no member of either of the Committees shall receive any
compensation for his services as such except as the Act may permit.




43









 












	14.2	(a)	 	The Administrative Committee shall be responsible for the administration, interpretation
and compliance requirements pertaining to the Plan. These responsibilities include, but are
not limited to, reviewing claims and adjudicating appeals; monitoring Plan compliance with
laws, regulations and court decisions as related to Plan design, administration, communication
and reporting requirements; approving actuarial tables for optional forms of benefit payments;
and approving, jointly with the Investment Committee, the payment of administrative expenses
from the Fund. Subject to the provisions of the Plan, the Administrative Committee shall from
time to time establish rules for the carrying out of its duties and responsibilities under the
Plan.
	 
	 	(b)	 	If any claim for benefits under the Plan is denied, the Administrative
Committee shall give notice in writing, by registered or certified mail, of such denial
to the affected Member or Beneficiary, setting forth the specific reasons for such
denial and advising him that he may request further review by the Administrative
Committee of the decision denying such claim by filing with the Administrative
Committee, within 60 days after the date of mailing of such notice, a request for such
review. If the Member or Beneficiary files such request for review, such review shall
be made within 60 days after the receipt of a written request for such review unless a
hearing is necessitated to determine the facts and circumstances, in which event a
decision shall be rendered as soon as possible, but not later than one hundred and
twenty (120) days after receipt of a written request for such review.
	 
	 	(c)	 	The decisions of the Administrative Committee or its actions with respect to
the Plan and the records of the Committees shall be conclusive and binding upon each
Employer and all persons having or claiming to have any right or interest in the Plan
or Fund. The Administrative Committee has full and exclusive discretionary authority
under the Plan to determine eligibility for benefits and to construe the terms of the
Plan. Any interpretation or determination made pursuant to such discretionary
authority shall be given full force and effect unless it can be shown that the
interpretation or determination was arbitrary and capricious.






	14.3	(a)	 	The Investment Committee shall be responsible for investing the assets of the Plan and
monitoring the investment performance of the investment funds made available from time to time
under the Plan for investment of Members’ Accounts. The Investment Committee also shall be
responsible for selecting and




44









 












monitoring the appropriate fund managers for each such investment fund, and shall be
responsible for selecting and monitoring the Trustee and/or Insurance Company. These
responsibilities include, but are not limited to, determining asset allocation;
insuring compliance with laws, regulations and court decisions concerning Plan
assets; and, approving jointly with the Administrative Committee, fees paid from the
Fund for investment managers, Trustee fees, and related charges.




	 	(b)	The decisions of the Investment Committee or its actions with respect to the
Plan and the records of the Committees shall be conclusive and binding upon each
Employer and all persons having or claiming to have any right or interest in the Plan
or Fund.






	14.4	 	The members of each of the Committees and each Employer and the officers and directors of
each Employer, shall be entitled to rely upon all tables, valuations, certificates and reports
made by any duly appointed actuary or accountant, and upon all opinions given by any duly
appointed legal counsel. The members of each of the Committees, and each Employer and the
officers and directors thereof, shall be fully protected in respect of any action taken or
permitted by them in good faith in reliance upon such tables, valuations, certificates,
reports or opinions and all actions so taken or permitted shall be conclusive upon each of
them and upon all persons having or claiming to have any interest in or under the Plan. With
respect to actions so taken, no member of either of the Committees or any officer or director
of an Employer shall be personally liable by virtue of any instrument made or executed by him
or on his behalf as a member of the applicable Committee or as an officer or director of an
Employer, or any mistake of judgment made by him or any other member of the applicable
Committee or any other officer or director of an Employer, nor for any neglect, omission or
wrongdoing of any other member of the applicable Committee or of any other officer or director
of an Employer or of anyone employed by an Employer, nor for any loss unless resulting from
his own gross negligence or willful misconduct, except as the Act may otherwise require. Each
person who is or has been a member of either of the Committees or who is or has been an
officer or director of an Employer shall be indemnified, with respect to actions so taken, by
the Employers against expenses and losses (including amounts paid in settlement with the
approval of the Company) reasonably incurred by him in connection with any action, suit or
proceeding to which he may be a party or with which he shall be threatened by reason of his
being, or having been, a member of the applicable Committee or an officer or director of an
Employer, except in relation to matters as to which he shall be adjudged in such action, suit
or proceeding to be liable for gross negligence or willful misconduct in the




45









 












performance of his duty as such member of the applicable Committee or as an officer or
director of an Employer. The foregoing rights of indemnification shall be in addition to
any other rights to which any such member of each of the Committees or such officer or
director of the Employer may be entitled as a matter of law.



ARTICLE XV




APPROVAL BY THE INTERNAL REVENUE SERVICE





	15.1	 	The Company intends to secure a determination that the Plan continues to be a qualified Plan
under Section 401 of the Internal Revenue Code.






	15.2	 	Any modification or amendment of the Plan or the Trust Agreement or Insurance Company
contract may be made retroactively by the Company, if necessary or appropriate to cause the
Plan to qualify or maintain its qualification as a plan and/or trust meeting the requirements
of applicable sections of the Internal Revenue Code and/or other Federal and State laws, as
now in effect or hereafter amended or enacted or a determination to that effect. Any such
modification or amendment, however, shall not adversely affect any right or obligation of any
Member theretofore accrued.





ARTICLE XVI




GENERAL PROVISIONS





	16.1	 	All elections, notices, designations and other communications to the Administrative Committee
shall be in the respective forms from time to time prescribed by the Administrative Committee
and shall be mailed or delivered to the Administrative Committee in care of the Member’s
Employer, and shall be deemed to have been duly given upon receipt by the Administrative
Committee.






	16.2	 	The establishment of the Plan shall not be construed as conferring any legal rights upon any
Employee or any other person for a continuation of employment, nor shall it interfere with the
rights of any Employer to discharge any Employee and/or to treat him without regard to the
effect which such treatment might have upon him as a Member.






	16.3	 	All benefits payable under the Plan shall be paid or provided for solely from the Fund and
neither the Company nor any other Employer assumes any liability therefor. The Plan is
intended to constitute a plan described in Section 404(c) of the Act and the regulations
thereunder, and the fiduciaries of the Plan may be relieved of liability for any losses which
are the direct and necessary result of investment instructions given by a Member or
Beneficiary.




46









 












Each Member assumes all risk connected with any decrease in the market value of any assets
held by the Trustee or Insurance Company under the Plan. Neither the Trustee, the
Committees nor any Employer in any way guarantees the Fund against loss or depreciation, or
the payment of any amount which may be or become due to any person from the Fund.




	16.4	 	If any person to whom a payment is due hereunder is a minor or is determined by the
Administrative Committee to be incompetent by reason of physical or mental disability, the
Administrative Committee shall have the power to cause the payments becoming due to such
person to be made to another for the benefit of the minor or incompetent, without
responsibility of any Employer, the Committees, the Trustee or the Insurance Company to see
to the application of such payment. Payments made pursuant to such power shall operate as a
complete discharge of all Employers, the Committees, the Trustee, the Insurance Company and
the Fund.






	16.5	 	No right or interest of any Member in the Plan shall be alienable, assignable or
transferable, or, to the extent permitted by law, subject to any lien, in whole or in part,
either directly or by operation of law, or otherwise, including, but not by way of limitation,
execution, levy, garnishment, attachment, pledge, bankruptcy, or in any other manner, and no
right or interest of any Member in the Plan shall be liable for, or be subject to, any
obligation or liability of such Member. This Section 16.5 shall apply to the creation,
assignment or recognition of a right to any benefit payable with respect to a Member pursuant
to a domestic relations order but shall not apply if the order is determined by the
Administrative Committee to be a qualified domestic relations order within the meaning of
Section 414(p) of the Internal Revenue Code. Notwithstanding any provision of the Plan to the
contrary, benefits shall be payable in accordance with the applicable terms of a qualified
domestic relations order. Also, notwithstanding any provision of the Plan to the contrary, a
Member’s benefits assigned to an alternate payee, within the meaning of Section 414(p)(8) of
the Internal Revenue Code, under a qualified domestic relations order which provides that such
assignment is to be immediately distributable, can be distributed to such alternate payee as
soon as administratively possible after a determination is made by the Administrative
Committee that such assignment is made pursuant to a qualified domestic relations order, even
if the Member is still employed by an Employer.




47









 












	16.6	 	In the event any distribution mailed to a Member or Beneficiary at his or her last known
address remains unclaimed by the Member or Beneficiary, as the case may be, for a period of 24
months and payment cannot be made alternatively to the estate of either and no surviving
spouse, child, parent, brother or sister, or grandchild of the Member or Beneficiary are known
to the Employer or the Trustee or the Insurance Company, or if known, cannot with reasonable
diligence be located, the amount payable shall be placed in a separate interest bearing fund
or otherwise dealt with (including forfeiture, subject to restoration) pending eventual
distribution in such manner as the Administrative Committee shall determine in its sole and
exclusive discretion, subject to any requirements of applicable law.






	16.7	 	(a) Any Member may at any time and from time to time designate the Beneficiary to whom the
amounts in his Accounts shall be delivered in the event of the death of such Member. Any such
designation shall take precedence over any testamentary or other disposition. Such designation
or any change or cancellation of such designation under this Plan shall become effective only
upon the receipt thereof by the Administrative Committee as provided in Section 16.1, and
shall then relate back to the date of its execution; provided, however, that neither the
Trustee, the Insurance Company, the Committees, the Company nor any Employer shall be liable
by reason of any payment made before receipt of such designation, change, or cancellation to
the Member’s estate or to any Beneficiary theretofore designated. Notwithstanding the
foregoing, if a Member is married, the Member shall be deemed to have designated his spouse as
his Beneficiary (regardless of whether any contrary designation is then on file with the
Administrative Committee) and such spouse shall be his Beneficiary for purposes of the Plan,
unless the Member designates another person or persons as his Beneficiary with the
contemporaneous consent of such spouse (which consent must be in writing and witnessed by a
notary public).






(b) If no Beneficiary designation is effective pursuant to this Section 16.7 or if the
Administrative Committee or the Trustee or the Insurance Company shall be in doubt as to the
right of any claimant, or if a designated Beneficiary shall predecease the Member, the
amount in question may, in the discretion of the Administrative Committee, be paid directly
to the estate of the Member, in which event the Trustee, the Insurance Company, the
Employers, the Company and the Committees shall have no further responsibility or liability
with respect thereto. However, notwithstanding the immediately preceding paragraph,
effective April 1, 2001, if no Beneficiary designation is effective pursuant to this Section
16.7 or if the Administrative Committee or the Trustee or the Insurance Company shall be in
doubt as to the



48









 






right of any claimant, or if a designated Beneficiary shall predecease the Member, the
amount in question shall be paid first to the surviving spouse; if no surviving spouse, then
to all the surviving children in equal shares and, if no surviving spouse or surviving
children, then to the estate of the Member.




(c) Upon receipt by the Administrative Committee of evidence satisfactory to it of the death
of a Member and of the existence and identity of the Beneficiary designated by the Member
entitled to benefits, the Trustee or Insurance Company shall pay to such Beneficiary an
amount equal to the balance of the Member’s Accounts in accordance with the provisions of
Section 11.1.




	16.8	 	Notwithstanding anything in the Plan to the contrary, contributions, benefits and service
credit with respect to qualified military service will be provided in accordance with Section
414(u) of the Internal Revenue Code. The Plan will comply with any applicable provisions of
the Uniformed Services Employment and Reemployment Acts Rights of 1994, effective as of the
relevant effective dates of such Act.






	16.9	 	The Administrative Committee is designated as the agent of each Employer and of the Plan for
service of process to commence any legal proceeding against the Employer or against the Plan,
pertaining to this Plan or the determination of any rights hereunder.






	16.10	 	The validity of the Plan or any of its provisions shall be determined under, and it shall be
construed and administered according to, the laws of the State of New York, except as may be
required by any provision of the Act.





ARTICLE XVII




AMENDMENT AND TERMINATION





	17.1	 	The Company, by action of the Board of Directors, at any time or from time to time, may amend
or modify the Plan to any extent that it may deem advisable. No such amendment shall:






	 	(1)	 	increase the duties and responsibilities of the Trustee or Insurance Company
without its consent;
	 
	 	(2)	 	have the effect of re-vesting in any Employer the whole or any part of the
principal or income of the Fund or of diverting any part of such principal or income to
purposes other than for the exclusive benefit of the Members and their Beneficiaries;
or
	 
	 	(3)	 	cause any reduction in any Member’s Accounts (within





49









 











the meaning of Section 411(d)(6) of the Internal Revenue Code) or his vested
interest therein.




If any vesting schedule under the Plan is amended, each Member who has completed at least
three (3) years of Continuous Employment, to whom such vesting schedule was applicable and
whose vested percentage could be less if the amended schedule were applied to him, shall be
entitled to elect to remain subject to the vesting schedule(s) in effect prior to such
amendment.




	17.2	 	The Company, by action of the Board of Directors, at any time may discontinue all
Contributions under the Plan or terminate the Plan in whole or in part. Each Employer may, by
action of its Board of Directors, take similar action as to Members who are its employees.
Upon complete discontinuance of contributions under the Plan or complete or partial
termination of the Plan as to any Members hereunder, the Accounts of such affected Members
shall become fully vested, and shall not thereafter be subject to forfeiture.






	17.3	 	The Plan may be merged into or consolidated with another plan, and its assets or liabilities
may be transferred to another plan. However, no merger or consolidation with, or transfer of
assets or liabilities to, any other plan shall occur unless each Member of the Plan would (if
the plan then terminated) receive a benefit immediately after the merger, consolidation or
transfer which is equal to or greater than the benefit he would have been entitled to receive
immediately before the merger, consolidation or transfer (if this Plan had then terminated).





ARTICLE XVIII




TOP-HEAVY PROVISIONS





	18.1	 	Notwithstanding any other provision of this Plan to the contrary, this Article XVIII shall
apply for any Plan Year commencing on or after October 1, 1984 if the Plan is a “Top-Heavy
Plan” as defined herein. The Plan shall be a “Top-Heavy Plan” if, as of the Determination
Date relating to such Plan Year, the present value of the cumulative accrued benefits of Key
Employees exceeds sixty percent (60%) of the present value of the cumulative accrued benefits
under the Plan of all employees (but excluding the value of the accrued benefits of Non-Key
Employees who were formerly Key Employees and excluding the value of the accrued benefits of
any employee who has not performed any services for an Employer or Affiliated Company at any
time during the five-year period ending on the Determination Date). In determining whether
this Plan is a Top-Heavy Plan, the Employers and all Affiliated Companies shall be treated as
a single employer. In addition, all plans that





50









 











are part of the Aggregation Group shall be treated as a single plan.




For purposes of the foregoing, the present value of an employee’s accrued benefit shall be
equal to the sum of the amounts determined under the following paragraphs:




	 	(a)	 	The sum of (i) the present value of an employee’s accrued benefits in each
defined benefit plan which is included in the Aggregation Group determined as of the
most recent valuation date within the twelve (12) month period ending on the
Determination Date and as if the employee had terminated service as of such valuation
date and (ii) the aggregate distributions made with respect to such employee during the
five-year period ending on the Determination Date from all defined benefit plans
included in the Aggregation Group and not reflected in the present value of his accrued
benefits as of the most recent valuation date; and
	 
	 	(b)	 	The sum of (i) the aggregate balance of his accounts in all defined
contribution plans which are part of the Aggregation Group as of the most recent
valuation date within the twelve (12) month period ending on the Determination Date,
(ii) any contributions allocated to such accounts after the valuation date and on or
before the Determination Date and (iii) the aggregate distributions made with respect
to such employee during the five-year period ending on the Determination Date from all
defined contribution plans which are part of the Aggregation Group and not reflected in
the value of his accounts as of the most recent valuation date.






The account or the present value of the accrued benefit of any employee shall be determined
as provided in Section 416 of the Internal Revenue Code and the regulations thereunder for
the first and second plan years of a defined benefit plan. Solely for the purpose of
determining if the Plan, or any other plan included in the Aggregation Group of which this
Plan is a part, is a Top-Heavy Plan, the accrued benefit of an employee other than a Key
Employee shall be determined under (1) the method, if any, that uniformly applies for
accrual purposes under all plans maintained by the Employers and Affiliated Companies, or
(2) if there is no such method, as if such benefit accrued not more rapidly than the slowest
accrual rate permitted under the fractional accrual rate of Section 411(b)(1)(C) of the
Internal Revenue Code. Plan-to-plan transfers and rollovers shall be taken into account to
the extent provided in the applicable Treasury Regulations. In addition, for purposes of
paragraphs (a)(ii) and (b)(iii) above, distributions under a terminated plan which, if such
plan had not terminated, would have been required to be included in an Aggregation Group,
shall also be taken into account.



51









 





     18.2 The following terms shall have the following meanings:




	 	(a)	 	“Aggregation Group” means






	 	(i)	 	Each stock bonus, pension, or profit sharing plan of an
Employer or Affiliated Company in which a Key Employee participates and which
is intended to qualify under Section 401(a) of the Internal Revenue Code; and
	 
	 	(ii)	 	Each other such stock bonus, pension or profit sharing plan of
an Employer or Affiliated Company which enables any plan in which a Key
Employee participates to meet the requirements of Section 401(a)(4) or 410 of
the Internal Revenue Code; and
	 
	 	(iii)	 	Each other such stock bonus, pension or profit sharing plan of
an Employer or Affiliated Company which the Administrative Committee designates
as part of the Aggregation Group provided that the resulting group meets the
requirements of Sections 401(a) and 410 of the Internal Revenue Code.






	 	(b)	 	“Determination Date” means the last day of the preceding Plan Year,
except that for the first plan year of any plan, the Determination Date shall be the
last day of such plan year.
	 
	 	(c)	 	“Key Employee” means an employee, former employee, or the beneficiary
under the Plan of a former employee who, in the Plan Year containing the Determination
Date, or any of the four preceding Plan Years, is:






	 	(i)	 	An officer of an Employer or Affiliated Company having an
annual compensation greater than 50% of the maximum dollar limitation under
Section 415(b)(1)(A) of the Internal Revenue Code for such Plan Year. Not
more than fifty (50) employees or, if less, the greater of three (3) employees
or ten percent (10%) of the employees shall be considered as officers for
purposes of this paragraph.
	 
	 	(ii)	 	One of the ten (10) employees owning (or considered as owning
within the meaning of Section 318 of the Internal Revenue Code) the largest
interest in the Employers and Affiliated Companies and having an annual
compensation greater than the maximum dollar limitation under Section
415(c)(1)(A) of the Internal Revenue Code, provided, however, that if two
employees





52









 











have the same interest, the employee having the greater annual
compensation shall be treated as having the greater interest.




	 	(iii)	 	A five-percent (5%) owner of an Employer or Affiliated
Company.
	 
	 	(iv)	 	A one-percent (1%) owner of an Employer or Affiliated
Company having an annual compensation from the Employer and Affiliated
Companies of more than $150,000.






The determination of an employee’s compensation and his ownership interest in
an Employer or Affiliated Company shall be made in accordance with Section 416(i)(1)
of the Internal Revenue Code.




	 	(d)	 	“Non-Key Employee” means an employee, former employee, or the
beneficiary under the Plan of a former employee, if such employee is not a Key
Employee.






	18.3	 	If this Plan is a Top-Heavy Plan for any Plan Year, the Employer contributions (excluding
Tax-Deferred Contributions) to the Plan and all other defined contribution plans included in
the Aggregation Plan for such Plan Year on behalf of each Non-Key Employee who is a Member of
this Plan (or is eligible for membership) and who is employed by the Employer on the last day
of the Plan Year shall not in the aggregate be less than the lesser of (i) three percent (3%)
of such Non-Key Employee’s compensation (as defined in Section 415(c)(3) of the Internal
Revenue Code)or (ii) the percentage of compensation contributed, or required to be
contributed, by the Employer in the aggregate to the Plan and all other defined contribution
plans in the Aggregation Group for such Plan Year on behalf of the Key Employee for whom such
percentage is the highest, multiplied by such Non-Key Employee’s compensation. A Non-Key
Employee shall be entitled to the contribution described in the preceding sentence
notwithstanding the number of hours of service performed by him during such Plan Year and
regardless of the level of his compensation for such Plan Year. If the amount contributed in
the aggregate on behalf of any Non-Key Employee under the Plan and all other defined
contribution plans in the Aggregation Group would otherwise be less than the minimum
contribution required by this Section 18.3, an additional contribution shall be made to such
plan or plans as the Company shall designate so that the minimum contribution requirement set
forth in this Section 18.3 is satisfied. For purposes of this Section 18.3, compensation in
excess of the limitation set forth in subsection 2.1(h) shall be disregarded.






Notwithstanding the foregoing, this Section 18.3 shall not apply to the extent the minimum
benefits and contributions



53









 







required by Section 416 of the Internal Revenue Code are otherwise satisfied in a manner
consistent with Treasury Regulations.



	 	 	 	 	 
	 
	 	 

/s/ Roland Orchard
	 	 
	 
	 	 

Roland Orchard
	 	 
	February 14, 2002
	 	Vice President	 	 
	 

	 	Corporate Human Resources	 	 
	 
	 	Siemens Corporation	 	 







54










 











APPENDIX A




SPECIAL VESTING PROVISION FOR CERTAIN EMPLOYEES OF ROFIN-SINAR, INC.



Notwithstanding the provisions of Section 8.2, a Member who immediately prior to June 1, 1988 was
an employee of Spectra-Physics, Inc., and who became an Employee of Rofin-Sinar, Inc. on June 1,
1988, shall vest in his Employer Contribution Account in accordance with the following schedule:




	 	 	 
	Years of Continuous Employment	 	Vested Percentage
	Less than 1 year
	 	0%
	At least 1 year
	 	100%






 









 





APPENDIX B




SPECIAL VESTING PROVISION FOR CERTAIN EMPLOYEES OF ROLM SYSTEMS



Notwithstanding the provisions of Section 8.2, a Member who prior to January 1, 1990 was an
employee of ROLM Systems (“Rolm Employee”) shall at all times have a 100% vested interest in his
Employer Contribution Account derived from Contributions made for the period commencing September
30, 1989 and ending December 31, 1989. In addition, a Rolm Employee shall at all times have a 100%
vested interest in his Accounts derived from the Qualified Plan Transfer Contribution made for him
from the IBM Tax Deferred Savings Plan.





 










 






APPENDIX C




ADDITIONAL DISTRIBUTION OPTIONS FOR FORMER PARTICIPANTS IN TEL-PLUS

COMMUNICATIONS, INC. EMPLOYEE RETIREMENT SAVINGS PLAN




     1. Additional Distribution Options. Notwithstanding the provisions of Section 11.3, a
Member who immediately prior to January 1, 1990 was a participant (“Tel-Plus Participant”) in the
Tel-Plus Communications, Inc. Employee Retirement Savings Plan (“Tel-Plus Plan”), and whose
“Participant’s Account” under the Tel-Plus Plan was transferred to this Plan in accordance with
Section 4.10, shall be entitled to receive a distribution of his vested Accounts in one of the
additional ways described in paragraphs (i) and (ii) below. If the Tel-Plus Participant is married
and elects an option described in Section 11.3 or in paragraph (i) below, he may elect such option
only if his spouse consents to such election in a writing witnessed by a notary public within 90
days prior to the commencement of payment under such option:




	 	(i)	 	application of the Tel-Plus Participant’s vested Accounts to
purchase an annuity contract from an Insurance Company providing for monthly
payments over the life of the Tel-Plus Participant with a guarantee of 120
monthly payments (subject to the limitations set forth in sub-section 11.3(a)).
Such annuity contract may provide for an increase or decrease in the amount of
each monthly payment to reflect changes in the investment performance of the
Insurance Company’s underlying portfolio.
	 
	 	(ii)	 	if the Tel-Plus Participant is married, application of his vested
Accounts to purchase an annuity contract providing for reduced monthly payments
to the Tel-Plus Participant during his lifetime with monthly payments continuing
to his spouse for her remaining life in an amount equal to 50 percent or 100
percent (as the Tel-Plus Participant shall elect) of the amount of the payment
made to the Tel-Plus Participant.
	 
	 	(iii)	 	Notwithstanding any of the provisions of this Appendix to the
contrary, effective April 1, 2002, the only distribution option or options that
shall be available to a Member covered by this Appendix, as well as to his or her
spouse or




1









 






	 	 	 	beneficiary, shall be the option or options available under the applicable
provisions of Article XI of the Siemens Savings Plan, including with respect
to amounts that have been transferred to the Siemens Savings Plan.




2









 











APPENDIX D




SPECIAL PROVISIONS FOR FORMER PARTICIPANTS IN BURDICK CORPORATION PLANS




     1. Salary Savings Plan. The following additional provisions shall be applicable with
respect to the participation in the Plan, commencing as of October 1, 1989, of an employee of
Siemens Burdick, Inc. (“Burdick Employee”) who immediately prior to such date was a participant in
the Burdick Corporation Salary Savings Plan (“Burdick Savings Plan”):




	 	(a)	 	Transfer of Accounts. Except as set forth in
sub-section D.1(b), the Burdick Employee’s “Participant Account” under the
Burdick Savings Plan was transferred to the Plan in accordance with Section
4.10.
	 
	 	(b)	 	Voluntary Deductible Employee Contribution Accounts.
Each Burdick Employee for whom a “Voluntary Deductible Employee Contribution
Account” was maintained under the Burdick Savings Plan on September 30, 1989 was
entitled to elect either (i) to withdraw the entire amount of such account or
(ii) to transfer such account to this Plan, by filing a written election to
such effect with the Administrative Committee during an election period
provided for such purpose. If such Burdick Employee elected a withdrawal, the
appropriate amount was distributed to him as soon as practicable following the
close of the election period. If such Burdick Employee elected a transfer to
this Plan or made no election, the appropriate amount was transferred to a
separate account (“QVEC Account”) for such person under this Plan. A Burdick
Employee shall at all times be 100% vested in his QVEC Account. Investment of
QVEC Accounts shall be made in accordance with Article VII. No withdrawals may
be made from such Burdick Employee’s Rollover, Employer and Tax-Deferred
Contribution Accounts unless prior thereto or coincident therewith the Burdick
Employee withdraws the entire amount of his QVEC Account. A Burdick Employee
may not receive a loan from any amounts in his QVEC Account and such QVEC
Account shall not be taken into account in applying the loan provisions set
forth in Article IX.




 









 






	 	(c)	 	Additional Distribution Options. Notwithstanding the
provisions of Section 11.3, a Burdick Employee shall be entitled to receive a
distribution of his vested Accounts (including his QVEC Account, if applicable)
in one of the additional ways described in paragraphs (i) and (ii) below. If
the Burdick Employee is married and elects an option described in Section 11.3
or in paragraph (i) below, he may elect such option only if his spouse consents
to such election in a writing witnessed by a notary public within 90 days prior
to the commencement of payment under such option:






	 	(i)	 	application of the Burdick Employee’s vested
Accounts to purchase a non-transferable annuity contract from an
Insurance Company providing for monthly payments over the life of the
Burdick Employee with either 0, 60 or 120 monthly payments guaranteed
(as the Burdick Employee elects, and subject to the limitations set
forth in sub-section 11.3(a)); or
	 
	 	(ii)	 	if the Burdick Employee is married, application
of his vested Accounts to purchase an annuity contract providing for
reduced monthly payments to the Burdick Employee during his lifetime
with monthly payments continuing to his spouse for her remaining life
each in amount equal to two-thirds (66-2/3%) of the amount of the
payment made to the Burdick Employee.
	 
	 	(iii)	 	Notwithstanding any of the provisions of this
Appendix to the contrary, effective April 1, 2002, the only distribution
option or options that shall be available to a Member covered by this
Appendix, as well as to his or her spouse or beneficiary, shall be the
option or options available under the applicable provisions of Article XI
of the Siemens Savings Plan, including with respect to amounts that have
been transferred to the Siemens Savings Plan.




2









 












	 	(d)	 	Spouse’s Death Benefit. Notwithstanding the provisions of
sub-section 11.1(c) and Section 11.3, in the event that a Burdick Employee dies
and leaves a surviving spouse, unless the Burdick Employee has waived the
“Qualified Pre-retirement Survivor Annuity” under the Burdick Savings Plan or has
designated another person as his Beneficiary hereunder (with the written consent
of such spouse), the Burdick Employee’s vested Accounts shall be applied to
purchase an annuity contract from an Insurance Company providing for monthly
payments over the life of such spouse. In lieu of such annuity contract, the
spouse may elect to receive payment of the Burdick Employee’s vested Accounts in
any form permitted by sub-section 11.3(a)(iii). Notwithstanding any of the
provisions of this Appendix to the contrary, effective April 1, 2002, the only
distribution option or options that shall be available to a Member covered by
this Appendix, as well as to his or her spouse or beneficiary, shall be the
option or options available under the applicable provisions of Article XI of the
Siemens Savings Plan, including with respect to amounts that have been
transferred to the Siemens Savings Plan.





     2. Money Purchase Plan. The following additional provisions shall be applicable with
respect to the participation in the Plan, commencing as of October 1, 1989, of a Burdick Employee
who immediately prior to such date was a participant in the Burdick Corporation Salaried & Clerical
Employees Money Purchase Plan (“Burdick Money Purchase Plan”):




	 	(a)	 	Transfer of Accounts. Except as set forth in
sub-section D.2(b), the Burdick Employee’s “Participant Account” under the
Burdick Money Purchase Plan was transferred to the Plan in accordance with
Section 4.10.
	 
	 	(b)	 	Voluntary Deductible Employee Contribution Accounts.
Each Burdick Employee for whom a “Voluntary Deductible Employee Contribution
Account” was maintained under the Burdick Money




3









 






	 	 	 	Purchase Plan on September 30, 1989 was entitled to make the election
described in sub-section D.1(b) with respect to such account. If such
Burdick Employee elected a transfer to this Plan or made no election, the
appropriate amount was transferred to a QVEC Account for such person under
this Plan. The provisions of sub-section D.1(b) regarding vesting,
investments, withdrawals and loans shall apply equally to QVEC Accounts
established under this sub-section.
	 
	 	(c)	 	Vesting of Transferred Employer Contribution Account.
Notwithstanding the provisions of Section 8.2, a Burdick Employee shall vest in
that portion of his Employer Contribution Account attributable to amounts
transferred from his “Employer Contribution Account” under the Burdick Money
Purchase Plan in accordance with the following schedule:





	 	 	 	 	 	 
	 	Years of Continuous Employment	 	Vested Percentage
	 	Less than 4 years
	 	 	0	%
	 	 
	 	 	 	 
	 	At least 4 years
	 	 	100	%







	 	(d)	 	Additional Distribution Options. Notwithstanding the
provisions of Section 11.3, a Burdick Employee shall be entitled to receive a
distribution of his vested Accounts transferred from the Burdick Money Purchase
Plan (including his QVEC Account, if applicable) in any of the additional ways
described in sub-section D.1(c). If the Burdick Employee is married and elects
an option described in Section 11.3 or paragraph (i) of sub-section D.1(c), he
may elect such option only if his spouse consents to such election in a writing
witnessed by a notary public within 90 days prior to the commencement of payment
under such option. Notwithstanding any of the provisions of this Appendix to the
contrary, effective April 1, 2002, the only distribution option or options that
shall be available to a Member covered by this Appendix, as well as to his or her
spouse or beneficiary, shall be the option or options available under the
applicable




4









 






	 	 	 	provisions of Article XI of the Siemens Savings Plan, including with respect
to amounts that have been transferred to the Siemens Savings Plan.
	 
	 	(e)	 	Spouse’s Death Benefit. Notwithstanding the provisions of
sub-section 11.1(c) and Section 11.3, in the event that a Burdick Employee dies
and leaves a surviving spouse, unless the Burdick Employee has waived the
“Qualified Pre-retirement Survivor Annuity” under the Burdick Money Purchase Plan
or has designated another person as his Beneficiary hereunder (with the written
consent of such spouse), the Burdick Employee’s vested Accounts shall be applied
to purchase an annuity contract from an Insurance Company providing for monthly
payments over the life of such spouse. In lieu of such annuity contract, the
spouse may elect to receive payment of the Burdick Employee’s vested Accounts in
any form permitted by sub-section 11.3(a)(iii). Notwithstanding any of the
provisions of this Appendix to the contrary, effective April 1, 2002, the only
distribution option or options that shall be available to a Member covered by
this Appendix, as well as to his or her spouse or beneficiary, shall be the
option or options available under the applicable provisions of Article XI of the
Siemens Savings Plan, including with respect to amounts that have been
transferred to the Siemens Savings Plan.





     3. Hourly Retirement Plan. The following additional provisions shall be applicable
with respect to the participation in the Plan of a Burdick Employee for whose account “Voluntary
Contributions” were held under the Burdick Corporation Retirement Plan for Hourly Employees
(“Hourly Retirement Plan”) on September30, 1989:




	 	(a)	 	Transfer of Accounts. If such Burdick Employee elected
(in the manner described in sub-section D.1(b)) a transfer of his Voluntary
Contributions and earnings thereon from the Hourly Retirement Plan to this Plan
or made no election, the appropriate amount was transferred to a QVEC Account
for such person under this Plan. The provisions of sub-section D.1(b)
regarding vesting, investments, withdrawals and loans shall




5









 






	 	 	 	apply equally to QVEC Accounts established under this sub-section.
	 
	 	(b)	 	Additional Distribution Options. Notwithstanding the
provisions of Section 11.3, a Burdick Employee described in this Section D.3
shall be entitled have the value of his QVEC Account applied to purchase a
non-transferable annuity contract from an Insurance Company providing for
payments in the form of a (i) single life annuity (with or without a modified
cash refund or installment refund feature at death), (ii) 60-, 120- or 180-month
certain and life annuity (with or without a lump sum commutation feature at
death), or (iii) joint and survivor annuity providing for either a 50%, 66-2/3%
or 100% survivor benefit to the Burdick Employee’s Beneficiary. If the Burdick
Employee is married and elects an option described in Section 11.3 or clause (i)
or (ii) of the preceding sentence, or elects an option described in clause (iii)
of the preceding sentence and names a Beneficiary other than his spouse, he may
elect such option only if his spouse consents to such election in a writing
witnessed by a notary public within 90 days prior to the commencement of payment
under such option. Notwithstanding any of the provisions of this Appendix to the
contrary, effective April 1, 2002, the only distribution option or options that
shall be available to a Member covered by this Appendix, as well as to his or her
spouse or beneficiary, shall be the option or options available under the
applicable provisions of Article XI of the Siemens Savings Plan, including with
respect to amounts that have been transferred to the Siemens Savings Plan.
	 
	 	(c)	 	Spouse’s Death Benefit. Notwithstanding the
provisions of sub-section 11.1(c) and Section 11.3, in the event that a
Burdick Employee dies and leaves a surviving spouse, unless the Burdick
Employee has waived the “Qualified Pre-retirement Survivor Annuity” under the
Hourly Retirement Plan or has designated another person as his Beneficiary
hereunder (with the written consent of such spouse), the Burdick Employee’s
QVEC Account shall be applied to purchase an annuity




6









 






	 	 	 	contract from an Insurance Company providing for monthly payments over the
life of such spouse. In lieu of such annuity contract, the spouse may elect
to receive payment of the Burdick Employee’s QVEC Account in any form
permitted by sub-section 11.3(a)(iii). Notwithstanding any of the provisions
of this Appendix to the contrary, effective April 1, 2002, the only
distribution option or options that shall be available to a Member covered
by this Appendix, as well as to his or her spouse or beneficiary, shall be
the option or options available under the applicable provisions of Article
XI of the Siemens Savings Plan, including with respect to amounts that have
been transferred to the Siemens Savings Plan.




7









 











APPENDIX E




SPECIAL PROVISIONS FOR EMPLOYEES OF TEL PLUS OF PUERTO RICO




     1. General. Notwithstanding any other provision of the Plan, commencing January 1,
1990, the participation of employees of Tel Plus of Puerto Rico (“Tel-Plus PR Employees”) in the
Plan shall be governed by the provisions of this Appendix E.



     2. Eligibility. Notwithstanding the provisions of Section 3.1, a Tel-Plus PR Employee
will be eligible to become a Member of the Plan (a) as of January 1, 1990 if immediately prior
thereto he was a participant in the Tel-Plus Communications, Inc. Employee Retirement Savings Plan
(“Tel-Plus Plan”), or (b) as of the Enrollment Date coincident with or next following the latest
of:




	 	(i)	 	his completion of one Year of Service,
	 
	 	(ii)	 	his attainment of age 21,
	 
	 	(iii)	 	his classification as a salaried Employee, and
	 
	 	(iv)	 	January 1, 1990;




subject to the completion and filing with his Employer of such forms prescribed by the
Administrative Committee for the commencement of participation in the Plan.




     3. Tax-Deferred Contributions. Section 4.2 shall not be applicable to the
participation of Tel-Plus PR Employees in the Plan.



     4. After-Tax Contributions. Notwithstanding the provisions of Sections 4.3 and 4.4, a
Tel-Plus PR Employee may elect to make After-Tax Contributions of from 3% to 12% (in whole
percentage units) of Compensation. A Tel-Plus PR Employee may elect to change his rate of
After-Tax Contributions, to suspend such Contributions or to resume making Contributions as of any
October 1 and April 1 upon prior notice of such change to his Employer.



     5. Employer Contributions. Notwithstanding the provisions of Section 5.1, Tel Plus of
Puerto Rico shall make Employer Contributions to the Plan for each month equal to 25%



 









 




of the Basic After-Tax Contributions made by Tel-Plus PR Employees.




     6. Actual Contribution Percentage Test. Notwithstanding the provisions of sub-section
4.3(c) and Section 5.2, Tel-Plus PR Employees who are non-resident aliens with no earned income
from the Employer which would constitute income from United States sources shall be excluded from
consideration in calculating the Actual Contribution Percentage Test for any Plan Year and in
determining which Employees are Highly Compensated Employees.



     7. Vesting. Notwithstanding the provisions of Section 8.2, a Tel-Plus PR Employee
shall at all times have a 100% vested interest in his Employer Contribution Account.



     8. Withdrawals. Notwithstanding the provisions of Section 10.1, a Tel-Plus PR
Employee who (i) has participated in the Plan, the Tel-Plus Plan or a predecessor thereof for at
least 60 consecutive months, or (ii) files a written notice with the Administrative Committee
canceling his further participation in the Plan, may make a withdrawal from his Basic After-Tax and
Supplemental After-Tax Contribution Accounts by filing a written election with the Administrative
Committee. The withdrawal shall be as of the Month Ending Date next succeeding the date of receipt
of the election by the Administrative Committee.



2









 





APPENDIX F




SPECIAL PROVISIONS FOR CERTAIN EMPLOYEES OF SIEMENS STROMBERG-CARLSON




     1. Transition Provisions for Former Stromberg-Carlson Employees. Notwithstanding any
other provision of the Plan, for the period commencing December 14, 1990 and ending March 31, 1991
(or such later date specified hereunder), the participation in the Plan of employees of Siemens
Stromberg-Carlson who, immediately prior to December 14, 1990, were employees of Stromberg-Carlson
Corporation (“Stromberg-Carlson Employees”) shall be governed by the following provisions of this
Section F.1:




	 	(a)	 	Eligibility. Notwithstanding the provisions of Section
3.1, a Stromberg-Carlson Employee will be eligible to become a Member of the
Plan as of the first biweekly payroll period beginning after December 14, 1990
if immediately prior thereto he was a participant in the Stromberg-Carlson
Corporation 401(k) Savings Plan (“Stromberg Savings Plan”).
	 
	 	(b)	 	Tax-Deferred Contributions. Notwithstanding the
provisions of Section 4.2, a Stromberg-Carlson Employee may elect to have
Tax-Deferred Contributions of from 1% to 15% (in whole percentage units) of
Compensation made on his behalf, subject to the provisions of sub-sections
4.2(b) and (c).
	 
	 	(c)	 	After-Tax Contributions. Section 4.3 shall not be
applicable to the participation of Stromberg-Carlson Employees in the Plan.
	 
	 	(d)	 	Contribution Rate Changes. Section 4.4 shall not be
applicable to the participation of Stromberg-Carlson Employees in the Plan.
	 
	 	(e)	 	Investment Funds. Notwithstanding the provisions of
Section 7.1, each Stromberg-Carlson Employee shall be entitled to direct that
Contributions to be credited to his Accounts shall be invested in the Fixed
Rate Fund described in this Plan and/or in the Equity Income Fund and/or Equity
Fund described in the Stromberg Savings Plan, provided that the portions
directed to each sub-fund shall




 









 






	 	 	 	be an integral multiple of 25%. In the absence of a Stromberg-Carlson
Employee’s direction as to the investment of Contributions credited to his
Accounts, such Contributions shall be invested 100% in the Fixed Rate Fund.
Until May 1, 1991, the provisions of Article VII regarding investment
election changes and transfer elections shall not be applicable to the
participation of Stromberg-Carlson Employees in the Plan.
	 
	 	(f)	 	Loans. Article IX shall not be applicable to the
participation of Stromberg-Carlson Employees in the Plan until May 1, 1991.
	 
	 	(g)	 	Withdrawals. Sections 10.1 through 10.3 shall not be
applicable to the participation of Stromberg-Carlson Employees in the Plan
until May 1, 1991.





     2. Transfer of Accounts from Stromberg-Carlson Savings Plan. The following additional
provisions shall be applicable with respect to the participation in the Plan of a Stromberg-Carlson
Employee who, immediately prior to December 14, 1990, was a participant in the Stromberg Savings
Plan:




	 	(a)	 	Transfer of Accounts. The Stromberg-Carlson Employee’s “Account” under
the Stromberg Savings Plan was transferred to the Plan in accordance with Section 4.10.
Amounts invested in the Equity Income and Equity Funds described in the Stromberg
Savings Plan were transferred in kind to this Plan and shall continue to be invested in
such funds, subject to the Stromberg-Carlson Employee’s transfer elections pursuant to
Article VII and sub-section F.2(b).
	 
	 	(b)	 	Additional Investment Funds. On and after May 1, 1991, Article VII
shall be deemed to include references to the Equity Income and Equity Funds described
in the Stromberg Savings Plan as regards the Stromberg-Carlson Employee’s elections
thereunder with respect to Contributions invested in such funds pursuant to sub-section
F.1(e) or amounts transferred from the Stromberg Savings Plan pursuant to sub-section
F.2(a); provided, however, that (i) amounts held under this Plan which are invested in
the Equity Income and Equity Funds described in the Stromberg Savings Plan may only be
transferred (in integral




2









 






	 	 	 	multiples of 25% of each such fund) to the investment funds described in Article
VII, and (ii) no amounts may be transferred to the Equity Income and Equity Funds
described in the Stromberg Savings Plan.
	 
	 	(c)	 	Additional Distribution Options. Notwithstanding the provisions of
Section 11.3, the Stromberg-Carlson Employee shall be entitled to receive a
distribution of his vested Accounts in a series of annual, semi-annual, quarterly or
monthly installments payable over a fixed period of time not to exceed the joint life
and last survivor expectancy of the Stromberg-Carlson Employee and his Beneficiary, as
determined on the date such installments commence. Rules similar to the provisions of
sub-section 11.3(a)(ii) shall govern the payment of Accounts in such installments as
elected by the Stromberg-Carlson Employee. Notwithstanding any of the provisions of
this Appendix to the contrary, effective April 1, 2002, the only distribution option
or options that shall be available to a Member covered by this Appendix, as well as to
his or her spouse or beneficiary, shall be the option or options available under the
applicable provisions of Article XI of the Siemens Savings Plan, including with
respect to amounts that have been transferred to the Siemens Savings Plan.




3









 











APPENDIX G




ADDITIONAL DISTRIBUTION OPTIONS FOR FORMER PARTICIPANTS IN

QUANTUM MEDICAL SYSTEMS, INC. 401(k) SAVINGS PLAN



Notwithstanding the provisions of Section 11.3, a Member who immediately prior to January 1, 1991
was a participant (“Quantum Participant”) in the Quantum Medical Systems, Inc. 401(k) Savings Plan
shall be entitled to receive a distribution of his vested Accounts in one of the additional ways
described in paragraphs (i) through (iii) below. If the Quantum Participant is married and elects
an option described in paragraph (i) below, or elects an option described in paragraph (ii) below
and names a Beneficiary other than his spouse, he may elect such option only if his spouse consents
to such election in a writing witnessed by a notary public within 90 days prior to the commencement
of payment under such option:





	 	(i)	 	the application of the Quantum Participant’s vested Accounts to purchase a
non-transferable annuity contract from an Insurance Company providing for monthly
payments over the life of the Quantum Participant with either 0, 60, 120 or 180 monthly
payments guaranteed (as the Quantum Participant elects, and subject to the limitations
set forth in sub-section 11.3(a));
	 
	 	(ii)	 	the application of the Quantum Participant’s vested Accounts to purchase a
non-transferable annuity contract from an Insurance Company providing for reduced
monthly payments to the Quantum Participant during his lifetime with monthly payments
continuing to his Beneficiary for his or her remaining life each in an amount equal to
50%, 66-2/3% or 100% of the amount of the payment made to the Quantum Participant (as
the Quantum Participant elects, and subject to the limitations set forth in sub-section
11.3(a)); or
	 
	 	(iii)	 	a series of monthly installments payable over a fixed period of time not to exceed
the joint life and last survivor expectancy of the Quantum Participant and his
Beneficiary, as determined on the date such installments commence. The Quantum
Participant’s election may provide that, upon his death, the balance in his Accounts
shall be paid to his Beneficiary in a single lump sum or shall continue to be paid under
the




1









 






	 	 	 	installment method elected. Rules similar to the provisions of sub-section
11.3(a)(ii) shall govern the payment of Accounts in such installments as elected by
the Quantum Participant.
	 
	 	(iv)	 	Notwithstanding any of the provisions of this Appendix to the contrary,
effective April 1, 2002, the only distribution option or options that shall be
available to a Member covered by this Appendix, as well as to his or her spouse or
beneficiary, shall be the option or options available under the applicable provisions
of Article XI of the Siemens Savings Plan, including with respect to amounts that have
been transferred to the Siemens Savings Plan.




2









 











APPENDIX H




SPECIAL PROVISIONS FOR FORMER PARTICIPANTS IN SIEMENS STROMBERG-CARLSON SAVINGS

PLAN (UNION EMPLOYEES)



The following additional provisions shall be applicable with respect to the participation in the
Plan, commencing as of April 1, 1991, of an employee of Siemens Stromberg-Carlson Company
represented by International Brotherhood of Electrical Workers Local 2112 (“Stromberg-Carlson Union
Employee”) who immediately prior to such date was a participant in the Siemens Stromberg-Carlson
Savings Plan (Union Employees) (“Stromberg-Carlson Union Plan”):





     (1) Transfer of Accounts. The Stromberg-Carlson Union Employee’s “Member’s
Account” under the Stromberg-Carlson Union Plan was transferred to the Plan in accordance
with Section 4.10.




     (2) Preservation of Vested Interest. Notwithstanding the provisions of
Section 8.2, a Stromberg-Carlson Union Employee shall have a vested interest in that
portion of his Employer Contribution Account attributable to amounts transferred from his
“Member’s Account” allocable to “Company Contributions” (other than such contributions
included in “Transfer Amounts”, which shall be 100% vested at all times) under the
Stromberg-Carlson Union Plan which is not less than the vested interest determined under
the following schedule:



	 	 	 	 	 	 
	 	 	 	Vested
	 	Vesting Event	 	Interest
	 	Allocation of Contributions
to Account
	 	 	50	%
	 	 
	 	 	 	 
	 	24 Months Following Allocation
to Account if Still a Member
	 	 	100	%







     (3) Additional Distribution Options. Notwithstanding the provisions of Section 11.3, a
Stromberg-Carlson Union Employee whose separation from service is other than on account of
resignation or discharge (including layoff) shall be entitled to receive a distribution of
his vested Accounts in one of the following additional ways:



1









 






     (a) annual installments over a period of from two to ten years, as the
Stromberg-Carlson Union Employee elects, but not to exceed the joint life and last
survivor expectancy of the Stromberg-Carlson Union Employee and his Beneficiary, as
determined on the date such installments commence. Rules similar to the provisions
of sub-section 11.3(a)(ii) shall govern the payment of Accounts in such
installments; or




     (b) if “Transfer Amounts” were held for the benefit of the Stromberg-Carlson
Union Employee under the Stromberg-Carlson Union Plan, (i) if the Stromberg-Carlson
Union Employee is not married, application of the Stromberg-Carlson Union Employee’s
vested Accounts to purchase a non-transferable annuity contract form an Insurance
Company providing for monthly payments over the life of the Stromberg-Carlson Union
Employee, or (ii) if the Stromberg-Carlson Union Employee is married, application of
his vested Accounts to purchase either (A) an annuity contract described in clause
(i) above provided that such Stromberg-Carlson Union Employee’s spouse consent to
such election in a writing witnessed by a notary public within 90 days prior to the
commencement of payment under such annuity contract, or (B) an annuity contract
providing for reduced monthly payments to the Stromberg-Carlson Union Employee
during his lifetime with monthly payments continuing to his spouse for her remaining
life each in amount equal to fifty percent (50%) of the amount of the payment made
to the Stromberg-Carlson Union Employee.




     (c) Notwithstanding any of the provisions of this Appendix to the contrary,
effective April 1, 2002, the only distribution option or options that shall be
available to a Member covered by this Appendix, as well as to his or her spouse or
beneficiary, shall be the option or options available under the applicable
provisions of Article XI of the Siemens Savings Plan, including with respect to
amounts that have been transferred to the Siemens Savings Plan.



2









 





APPENDIX I




SPECIAL PROVISIONS FOR CERTAIN EMPLOYEES OF CARDION, INC.




     1. Eligibility. Notwithstanding the provisions of Section 3.1, an Employee of
Cardion, Inc. on September 12, 1991 who on September 11, 1991 was an employee of Cardion
Electronics, Inc. (“Cardion Employee”), was eligible to become a Member of the Plan as of September
12, 1991 provided that he was actively at work on such date or was on vacation, authorized leave of
absence or sick leave and returned to work on or before November 10, 1991.



     2. Normal Retirement Age. Notwithstanding the provisions of sub-section 2.1(z), a
Cardion Employee shall be eligible for Retirement, and thereby become 100% vested in his Employer
Contribution Account, upon attaining age sixty-five (65).



     3. Transfer of Accounts from Ferranti Savings Plan. The following additional
provisions shall be applicable with respect to the participation in the Plan of a Cardion Employee
who, immediately prior to September 12, 1991, was a participant (“Ferranti Plan Participant”) in the
Ferranti International, Inc. Savings Plan (“Ferranti Plan”):




	 	(a)	 	Transfer of Accounts. The Ferranti Plan Participant’s “Account” under
the Ferranti Plan was transferred to the Plan in accordance with Section 4.10.
	 
	 	(b)	 	Preservation of Vested Interest. Notwithstanding the provisions of
Section 8.2, a Ferranti Plan Participant shall at all times have a 100% vested and
non-forfeitable interest in that portion of his Employer Contribution Account
attributable to amounts transferred from his “Account” allocable to “Matching
Contributions” under the Ferranti Plan.
	 
	 	(c)	 	Additional Distribution Options. Notwithstanding the provisions of
Section 11.3, a Ferranti Plan Participant shall be entitled to receive a distribution
of his vested Accounts in one of the additional ways described in paragraphs (i)
through (iv) below. If the Ferranti Plan Participant is married and elects an option
described in Section 11.3 or in paragraph (i), (iii) or (iv) below, or elects an option
described in paragraph (ii) below and




1









 






	 	 	 	names a Beneficiary other than his spouse, he may elect such option only if his
spouse consents to such election in a writing witnessed by a notary public within 90
days prior to the commencement of payment under such option:






	 	(i)	 	the application of the Ferranti Plan Participant’s vested
Accounts to purchase a non-transferable annuity contract from an Insurance
Company providing for monthly payments over the life of the Ferranti Plan
Participant with either 0, 60, 120 or 180 monthly payments guaranteed (as the
Ferranti Plan Participant elects, and subject to the limitations set forth in
sub-section 11.3(a));
	 
	 	(ii)	 	the application of the Ferranti Plan Participant’s vested
Accounts to purchase a non-transferable annuity contract from an Insurance
Company providing for reduced monthly payments to the Ferranti Plan Participant
during his lifetime with monthly payments continuing to his Beneficiary for his
or her remaining life each in an amount equal to 50%, 66-2/3% or 100% of the
amount of the payment made to the Ferranti Plan Participant (as the Ferranti
Plan Participant elects, and subject to the limitations set forth in
sub-section 11.3(a));
	 
	 	(iii)	 	a series of monthly installments payable over a fixed period of time, not less
than 60 months, which does not exceed the joint life and last survivor
expectancy of the Ferranti Plan Participant and his Beneficiary, as determined
on the date such installments commence. Upon the Ferranti Plan Participant’s
death, the balance in his Accounts shall be paid to his Beneficiary in a single
lump sum. Rules similar to the provisions of sub-section 11.3(a)(ii) shall
govern the payment of Accounts in such installments as elected by the Ferranti
Plan Participant; or
	 
	 	(iv)	 	series of annual installments commencing in the calendar year
in which the Ferranti Plan Participant attains age 701/2, payable over the joint
life and last survivor expectancy of the Ferranti Plan Participant and his
spouse,




2









 






	 	 	 	recalculated annually in accordance with sub-section 11.3(a)(ii), and
providing for the minimum payment to the Ferranti Plan Participant for each
calendar year satisfying the requirements of Section 401(a)(9) of the
Internal Revenue Code and the regulations thereunder. Upon the Ferranti
Plan Participant’s death, the balance in his Accounts shall be paid to his
Beneficiary in a single lump sum. Rules similar to the provisions of
sub-section 11.3(a)(ii) shall govern the payment of Accounts in such
installments as elected by the Ferranti Plan Participant.
	 
	 	(v)	 	Notwithstanding any of the provisions of this Appendix to the
contrary, effective April 1, 2002, the only distribution option or options that
shall be available to a Member covered by this Appendix, as well as to his or
her spouse or beneficiary, shall be the option or options available under the
applicable provisions of Article XI of the Siemens Savings Plan, including with
respect to amounts that have been transferred to the Siemens Savings Plan.






	 	(d)	 	Spouse’s Death Benefit. Notwithstanding the provisions of sub-section
11.1(c) and Section 11.3, in the event that a Ferranti Plan Participant dies and leaves
a surviving spouse to whom he has been continuously married throughout the one-year
period ending on the date of his death, unless the Ferranti Plan Participant has waived
the “Qualified Pre-retirement Survivor Annuity” under the Ferranti Plan or has
designated another person as his Beneficiary hereunder (with the written consent of
such spouse), the Ferranti Plan Participant’s vested Accounts shall be applied to
purchase a non-transferable annuity contract from an Insurance Company for the benefit
of such spouse, payable in any of the optional forms described in paragraphs (i)
through (iv) of sub-section I.3(c), as the spouse shall select. In lieu of such
annuity contract, the spouse may elect to receive payment of the Ferranti Plan
Participant’s vested Accounts in any form permitted by sub-section 11.3(a)(iii).
Notwithstanding any of the provisions of this Appendix to the contrary, effective April
1, 2002, the only distribution option or options that




3









 






	 	 	 	shall be available to a Member covered by this Appendix, as well as to his or her
spouse or beneficiary, shall be the option or options available under the applicable
provisions of Article XI of the Siemens Savings Plan, including with respect to
amounts that have been transferred to the Siemens Savings Plan.




4









 











APPENDIX J




SPECIAL PROVISIONS FOR CERTAIN EMPLOYEES OF SIEMENS INDUSTRIAL AUTOMATION, INC.




     1. Eligibility. Notwithstanding the provisions of Section 3.1, an Employee of Siemens
Industrial Automation, Inc. (“Automation”) on October 4, 1991 who, on October 3, 1991 was an
employee of Texas Instruments Incorporated (“TI”), was eligible to become a Member of the Plan as
of October 4, 1991; provided that he (i) was actively at work on such date, or (ii) was on vacation
or an authorized leave of absence on such date, was included on an appropriate exhibit to the Asset
Purchase Agreement dated as of September 30, 1991 between TI and Automation and satisfied the
requirements for employment set forth in such Asset Purchase Agreement.



     2. Normal Retirement Age. Notwithstanding the provisions of sub-section 2.1(z), an
Employee described in Section J.1 shall be eligible for Retirement, and thereby become 100% vested
in his Employer Contribution Account, upon attaining age sixty-five (65).



     3. Transfer of Accounts from TI Profit Sharing Plans. The following additional
provisions shall be applicable with respect to the participation in the Plan of an Employee
described in Section J.1 who, immediately prior to October 4, 1991, was a participant (“TI Plan
Participant”) in the TI Employees Universal Profit Sharing Plan or the TI Employees Profit Sharing
Trust (collectively, “TI Plans”), and who elected to have certain of his account balances under the
TI Plans transferred to this Plan:




	 	(a)	 	Transfer of Accounts. The TI Plan Participant’s “Profit Sharing
Account”, “Cash or Deferred Account” and “VEC Account” under the TI Plans were
transferred to the Plan in accordance with Section 4.10. If the TI Plan Participant
had an outstanding loan under the TI Plans at the time of such transfer of accounts,
such loan (to the extent secured by the TI Plan Participant’s “Profit Sharing Account”,
“Cash or Deferred Account” and “VEC Account”) was transferred to the Plan as an asset
thereof, and became an obligation of the TI Plan Participant to the Plan subject to the
provisions of Article IX.




 









 






	 	(b)	 	Preservation of Vested Interest. Notwithstanding the provisions of
Section 8.2, a TI Plan Participant shall at all times have a 100% vested and
non-forfeitable interest in that portion of his Employer Contribution Account
attributable to amounts transferred from the TI Employees Universal Profit Sharing
Plan.




2









 











APPENDIX K




ADDITIONAL DISTRIBUTION OPTIONS FOR FORMER PARTICIPANTS IN TEL PLUS COMMUNICATIONS EMPLOYEE

RETIREMENT SAVINGS PLAN FOR CERTAIN MEMBERS OF COLLECTIVE BARGAINING UNITS



The following additional provisions shall be applicable with respect to the participation in the
Plan, commencing as of January 1, 1992, of an employee of Tel Plus Communications Company
represented by Local 9415, Communication Workers of America (“Tel Plus Union Employee”) who
immediately prior to such date was a participant in the Tel Plus Communications Employee Retirement
Savings Plan for Certain Members of Collective Bargaining Units (“Tel Plus Union Plan”):




     (1) Transfer of Accounts. The Tel Plus Union Employee’s “Accounts” under the Tel Plus
Union Plan were transferred to the Plan in accordance with Section 4.10.



     (2) Additional Distribution Options. Notwithstanding the provisions of Section 11.3,
a Tel Plus Union Employee shall be entitled to receive a distribution of his vested Accounts in one
of the additional ways described in paragraphs (i) and (ii) below. If the Tel Plus Union Employee
is married and elects an option described in Section 11.3 or in paragraph (i) below, he may elect
such option only if his spouse consents to such election in a writing witnessed by a notary public
within 90 days prior to the commencement of payment under such option:




	 	(a)	 	application of the Tel Plus Union Employee’s vested Accounts to purchase an
annuity contract from an Insurance Company providing for monthly payments over the life
of the Tel Plus Union Employee with a guarantee of 120 monthly payments (subject to the
limitations set forth in sub-section 11.3(a)). Such annuity contract may provide for
an increase or decrease in the amount of each monthly payment to reflect changes in the
investment performance of the Insurance Company’s underlying portfolio.
	 
	 	(b)	 	if the Tel Plus Union Employee is married, application of his vested Accounts
to purchase an annuity contract providing for reduced monthly payments to the Tel Plus
Union Employee during his lifetime with monthly payments continuing to his spouse for
her remaining life in an amount equal to 50 percent or 100




 









 






	 	 	 	percent (as the Tel Plus Union Employee shall elect) of the amount of the payment
made to the Tel Plus Union Employee.
	 
	 	(c)	 	Notwithstanding any of the provisions of this Appendix to the contrary,
effective April 1, 2002, the only distribution option or options that shall be
available to a Member covered by this Appendix, as well as to his or her spouse or
beneficiary, shall be the options or options available under the applicable provisions
of Article XI of the Siemens Savings Plan, including with respect to amounts that have
been transferred to the Siemens Savings Plan.





     (3) Spouse’s Death Benefit. Notwithstanding the provisions of sub-section 11.1(c) and
Section 11.3, in the event that a Tel Plus Union Employee dies and leaves a surviving spouse,
unless the Tel Plus Union Employee has waived the “Qualified Pre-retirement Survivor Annuity” under
the Tel Plus Union Plan or has designated another person as his Beneficiary hereunder (with the
written consent of such spouse), the Tel Plus Union Employee’s vested Accounts shall be applied to
purchase an annuity contract from an Insurance Company providing for monthly payments over the life
of such spouse. In lieu of such annuity contract, the spouse may elect to receive payment of the
Tel Plus Union Employee’s vested Accounts in any form permitted by sub-section 11.3(a)(iii).
Notwithstanding any of the provisions of this Appendix to the contrary, effective April 1, 2002,
the only distribution option or options that shall be available to a Member covered by this
Appendix, as well as to his or her spouse or beneficiary, shall be the options or options available
under the applicable provisions of Article XI of the Siemens Savings Plan, including with respect
to amounts that have been transferred to the Siemens Savings Plan.



2









 





APPENDIX L




SPECIAL EMPLOYER CONTRIBUTION RATE FOR EMPLOYEES OF AMERICAN CONSOLIDATED TECHNOLOGIES, INC.



Notwithstanding the provisions of sub-section 5.1(a), American Consolidated Technologies, Inc.
shall make Employer Contributions to the Plan for each month equal to 25% of the Basic Tax-Deferred
and Basic After-Tax Contributions made by or on behalf of Members employed by it, less any amount
of forfeitures then to be applied to reduce such Employer Contributions pursuant to Article XII.




 









 








APPENDIX M




WITHDRAWAL OF LINOTYPE-HELL COMPANY AND TRANSFER OF ACCOUNTS




     l. Effective as of April 1, 1991 (the “Cessation Date”), Linotype-Hell Company withdrew as an
Employer under the Plan.



     2. Notwithstanding the provisions of Section 9.2, each Member who was in the employ of
Linotype-Hell company (including any Member on sick leave, disability, vacation, military leave or
other leave of absence who returned to work upon the cessation or expiration of such leave of
absence) on the Cessation Date shall have a 100% vested interest in his Employer Contribution
Account from and after such date.



     3. In accordance with Section 17.3, the Accounts of each Member described in Section 2 of this
Appendix (and assets attributable thereto) shall be transferred from the Plan to the Linotype
Company Savings Plan.



     4. Notwithstanding the provisions of Sections 4.2 and 5.2 and Article XVIII, the Compensation
of and Contributes on behalf of each Member described in Section 2 of this Appendix for the period
of January 1, 1991 through the Cessation Date shall be taken into account solely under the Linotype
Company Savings Plan for the purposes of applying the limitations of Sections 401(k), 401(m),
402(g) and 416 of the Internal Revenue Code. Notwithstanding the provisions of Section 6.8, the
Compensation of and Contributions on behalf of each Member described in Section 19.2 for the period
October 1, 1990 through the Cessation Date shall be taken into account solely under the Linotype
Company Savings Plan for the purposes of applying the limitations of Section 415 of the Internal
Revenue Code.



 









 





APPENDIX N




SPECIAL PROVISIONS FOR CERTAIN EMPLOYEES OF OSRAM SYLVANIA INC.




     1. General. Notwithstanding any other provision of the Plan, commencing January 29,
1993, the following special provisions shall apply to the participation in this Plan of employees
of OSRAM SYLVANIA INC. (“OSI”) other than any person who was an employee of OSRAM Corporation
(“OCN”) immediately before the merger of OCN into OSI and who did not become a permanent employee
of OSI in connection with such merger (“OCN Employee”). Such employees (other than OCN Employees)
are hereinafter referred to as the “OSI Employees.” The participation of OCN Employees in this
Plan shall be governed by the regular provisions of this Plan.



     2. Eligibility. Notwithstanding the provisions of Section 3.1, each U.S. OSI
Employee, other than an hourly-paid employee of OSRAM SYLVANIA LIGHTING SERVICES, who, immediately
prior to January 29, 1993, was an employee of GTE Corporation or any of its controlled group
members and who became an employee of OSI in connection with a certain stock purchase agreement
dated as of August 6, 1992 between GTE Corporation, Siemens Corporation, and certain related
companies shall be eligible to become a Member of the Plan as of January 29, 1993. Hourly-paid
employees of OSRAM SYLVANIA LIGHTING SERVICES shall not be eligible to become Members of the Plan.
In addition, any OSI Employee included in a unit covered by a collective bargaining agreement shall
not be eligible to become a Member of this Plan (unless and until the applicable collective
bargaining agreement expressly provides for participation in this Plan).



     3. Compensation. Notwithstanding the provisions of Section 2.1(h) (but subject to the
dollar limitation applicable thereunder), the “Compensation” of an OSI Employee shall mean the
regular base compensation including sales commissions, sales bonuses, production incentive
payments, and foreign service premiums received by an OSI Employee from an Employer during such
periods as he is eligible to participate in the Plan, exclusive of other commissions, management
incentives, other incentive payments, awards, profit-sharing, stock received pursuant to employee
stock option plans or other stock purchase plans, bonuses, overtime, shift or other premiums,
supplemental vacation benefits, moving expense reimbursements, or any other special fees or
allowances paid to such Employee during the Plan Year. Any amount that would qualify as
Compensation but for the



 









 




Member’s agreement to reduce Compensation pursuant to Section 4.2 shall be treated as
Compensation for purposes of the Plan.




     4. Continuous Employment. For purposes of determining the Continuous Employment
pursuant to Section 2.1(i) of an OSI Employee who became eligible to become a Member of the Plan as
of January 29, 1993 pursuant to the first sentence of the “Eligibility” section of this Appendix,
such OSI Employee’s service prior to January 29, 1993 that counted for vesting purposes under the
GTE savings plan applicable to such OSI Employee shall be treated as service with an Employer.



2









 





APPENDIX O




FOR THE PARTICIPATION OF SIEMENS POWER CORPORATION SAVINGS PLAN IN THE SIEMENS SAVINGS PLAN



Effective January 1, 1995, the Siemens Power Corporation Savings Plan was merged with and into, and
its assets and liabilities transferred to, the Siemens Savings Plan. Also, effective January 1,
1995, Siemens Power Corporation was designated as an Employer participating in the Siemens Savings
Plan for all purposes.




 









 








APPENDIX P




FOR THE PARTICIPATION OF SIEMENS AUDIO, INC. IN THE SIEMENS SAVINGS PLAN



Effective December 31, 1994, the Siemens Audio, Inc. 401K Plan was merged with, and into, and its
assets and liabilities transferred to, the Siemens Savings Plan. Also, effective December 31,
1994, Siemens Audio, Inc. was designated as an Employer participating in the Siemens Savings Plan,
for all purposes, except, however, the Employer Contributions, as set forth in Article V of the
Siemens Savings Plan, shall only apply to Employees of Siemens Audio, Inc. beginning January 1,
1995.




 









 








APPENDIX Q




Special Employer Contribution

Rate for Employees of

 Siemens Nixdorf Information Systems, Inc.




     Notwithstanding the provisions of Section 5.1(a) of the Siemens Savings Plan, as amended and
restated as of October 1, 1994, effective January 1, 1997, and until such time as Siemens Nixdorf
Information Systems, Inc. becomes an Employing Company in the Siemens Retirement Plan, the
following provisions of the Siemens Savings Plan shall apply to employees of Siemens Nixdorf
Information Systems, Inc.:




“Siemens Nixdorf Information Systems, Inc. shall make Employer Contributions to the Plan for
each month equal to 75% of the Basic Tax-Deferred and Basic After-Tax Contributions made by
or on behalf of employees of Siemens Nixdorf Information Systems, Inc. less any amount of
forfeiture then to be applied to reduce such Employer Contributions pursuant to Article
XII.”




 










 






APPENDIX R




Special Provisions For

Former Participants In The

Siemens Energy & Automation Inc. Savings Plan



Effective December 31, 1996, the Siemens Energy & Automation, Inc. Savings Plan was merged into,
and its assets and liabilities were transferred to the Siemens Savings Plan. Also, as of January
1, 1997, Siemens Energy & Automation, Inc. became an “Employer” participating in the Siemens
Savings Plan.



Employees of Siemens Energy & Automation, Inc. shall participate in the Siemens Savings Plan in
accordance with its terms and conditions. However, the following special provisions shall apply.



1. Eligibility. Any participant in the Siemens Energy & Automation Inc. Savings Plan on
December 31, 1996, or any employee who was eligible to participate in that Plan on December 31,
1996 but chose not to do so, shall be eligible to participate in the Siemens Savings Plan on
January 1, 1997, as long as such member remains an “Eligible Employee” as that term is defined in
Section 1.13 of the Siemens Energy & Automation, Inc. Savings Plan (Incorporating Amendments
Adopted as of April 1, 1994), (“SE&A Savings Plan”). A list of the groups of employees designated
as “Eligible Employees” under the SE&A Savings Plan, updated as of December 31, 1996, is attached
to this Appendix.



Employees of Siemens Energy & Automation, Inc., who were not eligible to participate in the SE&A
Savings Plan on December 31, 1996, shall be eligible to participate in the Siemens Savings Plan if
the employee meets the requirements for an “Eligible Employee” as that term is defined in Section
1.13 of the SE&A Savings Plan. However, notwithstanding the preceding sentence, employees of the
former Furnas Electric Company and employees of the Process Systems, Inc. Business Unit or the
Eagle Traffic Control Systems Business Unit shall not be eligible for participation in the Siemens
Savings Plan.



Further, notwithstanding the above, employees of Siemens Energy & Automation, Inc. hired on or
after October 1, 1995 in a former Siemens Industrial Automation, Inc. (“SIA”) group and employees
of Siemens Energy & Automation, Inc. who transferred to employment in a former SIA group on or
after October 1, 1995 will participate in




 









 







the Siemens Savings Plan in accordance with the eligibility provisions of that Plan.



2. Vesting. Participants in the SE&A Savings Plan as of December 31, 1996, will
continue to vest in their Company Matching Contributions and Company Basic Contributions made to
such Plan before January 1, 1997 in accordance with the provisions of Section 2.13(b) of the SE&A
Savings Plan and such participants will vest in the Employer Contributions made on or after January
1, 1997 pursuant to Section V of the Siemens Savings Plan in accordance with the vesting schedule
set forth in the SE&A Savings Plan for Company Matching Contributions. Any employee of Siemens
Energy & Automation, Inc. who participates in the Siemens Savings Plan, but who did not participate
in the Siemens Energy & Automation, Inc. Savings Plan, shall receive Employer Contributions under
the Siemens Savings Plan subject to the vesting provisions of Article VIII of the Siemens Savings
Plan.



3. Withdrawals. For withdrawals prior to January 1, 1997, of contributions and deposits
made to the SE&A Savings Plan, the limitations on withdrawals by a participant before termination
of employment under Section 2.12(a), (b) and (c), of the SE&A Savings Plan shall apply.



However, with respect to withdrawals after December 31, 1996 with respect to contributions and
deposits made to the SE&A Savings Plan, the withdrawal provisions of Article X of the Siemens
Savings Plan shall apply. For purposes of withdrawals, Company Basic Contributions and Company
Matching Contributions made to the SE&A Savings Plan shall be treated as Employer Contributions.
If, after December 31, 1996, a participant requests a withdrawal before termination of employment
of his after tax contributions, Company Basic Contributions or vested Company Matching
Contributions made to the SE&A Savings Plan before January 1, 1997, and he does not have five years
of combined participation in the SE&A Savings Plan and the Siemens Savings Plan, he will only be
suspended with respect to Employer Contributions for three months following such withdrawal. In no
event, however, can a participant withdraw his IRA Deposits made to the SE&A Savings Plan.



Any 12 month suspensions under Section 2.12(c) of the SE&A Savings Plan that still has a suspension
period remaining in effect as of December 31, 1996, will continue in effect beyond such date for
the 12 month suspension period set forth in such Section 2.12(c). Also, if a participant withdraws
Savings Deposits from the SE&A




2









 







Savings Plan before January 1, 1997, his Before Tax Contributions under the Siemens Savings Plan
for the taxable year immediately following the taxable year of the withdrawal may not exceed the
applicable limit on election deferrals under Section 402(g) of the Internal Revenue Code less the
Participant’s Savings Deposits for the taxable year of the withdrawal.



4. Loans. In determining the vested account balance amount available under Article IX of
the Siemens Savings Plan for loans, the IRA Deposits made by participants to the Siemens Energy &
Automation, Inc. Savings Plan shall not be counted.




3









 








Attachment A to Appendix R



The following groups of employees are designated “Eligible Employees” as provided in Section 1.13
of the Siemens Energy & Automation, Inc. Savings Plan:





Corporate Headquarters facility –

salaried exempt and non-exempt personnel




Distribution Products Division –

salaried exempt and non-exempt personnel




Industrial Products Division –

salaried exempt and non-exempt personnel




Power Transmission and Distribution Division –

salaried exempt and non-exempt personnel, except for

non-exempt personnel at the Raleigh, North Carolina facility




Power Systems Control Division – Empros Business Unit –

salaried exempt and non-exempt personnel




Sales and Marketing Division -

salaried exempt and non-exempt personnel




Industrial and Logistics Systems Division –

salaried exempt and non-exempt personnel



4









 





APPENDIX S




SPECIAL PROVISIONS FOR

SALARIED EMPLOYEES OF SIEMENS-FURNAS CONTROLS

WHO WERE PARTICIPANTS OF SIEMENS-FURNAS ELECTRIC COMPANY CONTROLS RETIREMENT SAVINGS PLAN




     Effective December 31, 1997, the assets and liabilities with respect to the salaried employees
of Siemens-Furnas Controls Business Unit of the Industrial Products Division of Siemens Energy &
Automation, Inc. (“Siemens-Furnas Controls”) in the Siemens-Furnas Electric Company Retirement
Savings Plan were merged into, and its assets and liabilities were transferred to the Siemens
Savings Plan. Also as of January 1, 1998, the salaried employees of Siemens-Furnas Controls became
eligible to participate in the Siemens Savings Plan.



     The salaried employees of Siemens-Furnas Controls shall participate in the Siemens Savings
Plan in accordance with its terms and conditions. However, the following special provisions shall
apply:



     1. Eligibility. Any salaried employee of Siemens-Furnas Controls who was a
participant in Siemens-Furnas Electric Company Retirement Savings Plan as of December 31, 1997 or
any such employee who was eligible to participate in that Plan on December 31, 1997 but chose not
to do so, shall be eligible to participate in the Siemens Savings Plan on January 1, 1998.



          Salaried employees of Siemens-Furnas Controls who were not eligible to participate in
Siemens-Furnas Electric Company Retirement Savings Plan as of December 31, 1997 shall be eligible
to participate in the Siemens Savings Plan if they meet the eligibility requirements set forth in
Article III of the Siemens Savings Plan.




     2. Vesting. Salaried employees of Siemens-Furnas Controls who were active
participants in the Siemens-Furnas Electric Company Retirement Savings Plan as of December 31, 1997
will be 100% vested in their Elective Deferral Contributions (“tax-deferred”), Discretionary
Contributions and rollover contributions, if any, and related earnings in the Siemens-Furnas
Electric Company Retirement Savings Plan. Any salaried employee who participates in the Siemens
Savings Plan shall



 









 




receive Employer Contributions under the Siemens Savings Plan subject to the vesting provisions of
Article VIII of the Siemens Savings Plan.




          Any service that was recognized as vesting service under the Siemens-Furnas Electric Company
Retirement Savings Plan as of December 31, 1997 for salaried employees of Siemens-Furnas Controls
will be recognized as Continuous Employment under the Siemens Savings Plan.




     3. Withdrawals. After December 31, 1997, salaried employees of Siemens-Furnas
Controls shall be able to withdraw the Discretionary Contributions and related earnings made to the
Siemens-Furnas Electric Company Retirement Savings Plan in accordance with, and under the terms and
conditions of, the provisions of Article X of the Siemens Savings Plan as applicable to the
withdrawal of amounts from the Employer Contribution Account of the Siemens Savings Plan.



          After December 31, 1997, salaried employees of Siemens-Furnas Controls shall be able to
withdraw their Elective Deferral Contributions made to the Siemens-Furnas Electric Company
Retirement Savings Plan in accordance with the provisions of Article X of the Siemens Savings Plan
as applicable to the withdrawals of amounts from Tax-Deferred Contribution Account of the Siemens
Savings Plan.




     4. Loans. In determining the vested account balance amount available under Article IX
of the Siemens Savings Plan for loans, the amounts that were in a salaried employee’s account in
the Siemens-Furnas Electric Company Retirement Savings Plan and which was transferred to the
Siemens Savings Plan shall be eligible for a loan, in accordance with the terms and conditions of
the Siemens Savings Plan. However, notwithstanding the foregoing, any request for a loan from the
Siemens Savings Plan by a participant who is a salaried employee of Siemens-Furnas Controls and who
had account balances from the Siemens-Furnas Electric Company Retirement Savings Plan transferred
to the Siemens Savings Plan will require that employee’s written spousal consent, if married, in
accordance with the form prescribed by the Administrative Committee.



2









 





     5. Distribution Option. In addition to the payment options set forth in Article XI,
any salaried employee of Siemens-Furnas Controls who had participated in the Siemens-Furnas
Electric Company Retirement Savings Plan and who had their account balances transferred to the
Siemens Savings Plan shall be eligible to elect an annuity form of option payment as set forth in,
and in accordance with the terms and conditions of, the Siemens-Furnas Electric Company Retirement
Savings Plan with respect to their total account balances under the Siemens Savings Plan (including
balances before and after January 1, 1998).



          Any salaried employee of Siemens-Furnas Controls who had not participated in the
Siemens-Furnas Electric Company Retirement Savings Plan shall not be eligible for the annuity form
of option payment under the Siemens Savings Plan.




          Notwithstanding any of the provisions of this Appendix to the contrary, effective April 1,
2002, the only distribution option or options that shall be available to a Member covered by this
Appendix, as well as to his or her spouse or beneficiary, shall be the option or options available
under the applicable provisions of Article XI of the Siemens Savings Plan, including with respect
to amounts that have been transferred to the Siemens Savings Plan.




3









 








APPENDIX T




SPECIAL PROVISIONS FOR

SALARIED EMPLOYEES OF THE METER DIVISION OF

SIEMENS POWER TRANSMISSION & DISTRIBUTION, LLC

AND WHO WERE PARTICIPANTS OF PROCESS SYSTEMS, INC.

SALARY REDUCTION PROFIT-SHARING PLAN 




     Effective December 31, 1997, the assets and liabilities with respect to the salaried employees
of the Meter Division of Siemens Power Transmission & Distribution, LLC (“Meter Division”) in the
Process Systems, Inc. Salary Reduction Profit-Sharing Plan were merged into, and its assets and
liabilities were transferred to the Siemens Savings Plan. Also as of January 1, 1998, the salaried
employees of the Meter Division became eligible to participate in the Siemens Savings Plan.



     The salaried employees of the Meter Division shall participate in the Siemens Savings Plan in
accordance with its terms and conditions. However, the following special provisions shall apply:



     1. Eligibility. Any salaried employee of the Meter Division who was a participant in
Process Systems, Inc. Salary Reduction Profit-Sharing Plan as of December 31, 1997 or any such
employee who was eligible to participate in that Plan on December 31, 1997 but chose not to do so,
shall be eligible to participate in the Siemens Savings Plan on January 1, 1998.



          Salaried employees of the Meter Division who were not eligible to participate in Process
Systems, Inc. Salary Reduction Profit-Sharing Plan as of December 31, 1997 shall be eligible to
participate in the Siemens Savings Plan if they meet the eligibility requirements set forth in
Article III of the Siemens Savings Plan




     2. Vesting. Salaried employees of the Meter Division who were active participants in
the Process Systems, Inc. Salary Reduction Profit-Sharing Plan as of December 31, 1997 will be 100%
vested in their pre-tax contributions, Discretionary Annual Contributions, Company Matching
Contributions and rollover contributions, if any, and related earnings in the Process Systems, Inc.
Salary Reduction Profit-Sharing Plan. Any salaried employee who participates in the Siemens
Savings Plan shall receive employer contributions under the Siemens Savings



 









 




Plan subject to the vesting provisions of Article VIII of the Siemens Savings Plan.




          Any service that was recognized as vesting service under the Process Systems, Inc. Salary
Reduction Profit-Sharing Plan as of December 31, 1997 for salaried employees of the Meter Division
will be recognized as Continuous Employment under the Siemens Savings Plan.




     3. Withdrawals. After December 31, 1997, salaried employees of the Meter Division
shall be able to withdraw the Discretionary Annual Contributions and Company Matching Contributions
and related earnings made to the Process Systems, Inc. Salary Reduction Profit-Sharing Plan in
accordance with, and under the terms and conditions of, the provisions of Article X of the Siemens
Savings Plan as applicable to the withdrawal of amounts from the Employer Contribution Account of
the Siemens Savings Plan.



          After December 31, 1997, salaried employees of the Meter Division shall be able to withdraw
their pre-tax contributions made to the Process Systems, Inc. Salary Reduction Profit-Sharing Plan
in accordance with the provision of Article X of the Siemens Savings Plan as applicable to the
withdrawals of amounts from Tax-Deferred Contribution Account of the Siemens Savings Plan.




     4. Loans. In determining the vested account balance amount available under Article IX
of the Siemens Savings Plan for loans, the amounts that were in a salaried employee’s account in
the Process Systems, Inc. Salary Reduction Profit-Sharing Plan and which were transferred to the
Siemens Savings Plan shall be eligible for a loan, in accordance with the terms and conditions of
the Siemens Savings Plan.



2









 





APPENDIX U




ELIMINATION OF MATCHING CONTRIBUTION UNDER

SIEMENS SAVINGS PLAN FOR EMPLOYEES OF

RELECTRONIC-REMECH, INC.




     Notwithstanding the provisions of Section 5.1(a) of the Siemens Savings Plan, as amended and
restated as of October 1, 1994 (“Plan”), the employees of RELECTRONIC-REMECH, Inc. shall not be
eligible for the Employer Contribution set forth in Section 5.1(a) of the Plan with respect to
their Basic Tax-Deferred and Basic After-Tax Contributions made to the Plan on or after January 1,
1998 until such time as the Board of Directors of RELECTRONIC REMECH, Inc. decides to recommence
making these Employer Contributions.














 






APPENDIX V



SPECIAL PROVISIONS FOR

SALARIED EMPLOYEES OF SIEMENS AUTOMOTIVE CORPORATION

WHO WERE PARTICIPANTS OF

SIEMENS AUTOMOTIVE SAVINGS PLAN




     Effective December 31, 1997, the assets and liabilities of the Siemens Automotive Corporation
in the Siemens Automotive Savings Plan were merged into, and its assets and liabilities were
transferred to the Siemens Savings Plan. Also as of January 1, 1998, Siemens Automotive
Corporation became an Employer with respect to the Siemens Savings Plan.



     The salaried employees of Siemens Automotive Corporation shall participate in the Siemens
Savings Plan in accordance with its terms and conditions. However, the following special
provisions shall apply:



     1. Eligibility. Any salaried employee of Siemens Automotive Corporation who was a
participant in Siemens Automotive Savings Plan as of December 31, 1997 or any such employee who was
eligible to participate in that Plan on December 31, 1997 but chose not to do so, shall be eligible
to participate in the Siemens Savings Plan on January 1, 1998.



          Salaried employees of Siemens Automotive Corporation who were not eligible to participate in
Siemens Automotive Savings Plan as of December 31, 1997 shall be eligible to participate in the
Siemens Savings Plan if they meet the eligibility requirements set forth in Article III of the
Siemens Savings Plan.




     2. Vesting. Salaried employees of Siemens Automotive Corporation who were active
participants in the Siemens Automotive Savings Plan as of December 31, 1997 will be 100% vested in
their Tax-Deferred, After-Tax, Company Matching Contributions and Rollover Contributions, if any,
and related earnings in the Siemens Automotive Savings Plan. Any salaried employee who
participates in the Siemens Savings Plan shall receive Employer Contributions under the Siemens
Savings Plan subject to the vesting provisions of Article VIII of the Siemens Savings Plan.



 









 





          Any service that was recognized as vesting service under the Siemens Automotive Savings Plan
as of December 31, 1997 for salaried employees of Siemens Automotive Corporation will be recognized
as Continuous Employment under the Siemens Savings Plan.




     3. Withdrawals. After December 31, 1997, Members shall be able to withdraw their
Company Matching Contributions and related earnings and their After-Tax Contributions made to the
Siemens Automotive Savings Plan in accordance with, and under the terms and conditions of, the
provisions of Article X of the Siemens Savings Plan as applicable to the withdrawal of amounts from
the Employer Contribution Account and After-Tax Contribution Account of the Siemens Savings Plan.



          After December 31, 1997, Members shall be able to withdraw their Tax-Deferred Contributions
made to the Siemens Automotive Savings Plan in accordance with the provisions of Article X of the
Siemens Savings Plan as applicable to the withdrawals of amounts from Tax-Deferred Contribution
Account of the Siemens Savings Plan.




     4. Loans. In determining the vested account balance amount available under Article IX
of the Siemens Savings Plan for loans, the amounts that were in a salaried employee’s account in
the Siemens Automotive Savings Plan and which was transferred to the Siemens Savings Plan shall be
eligible for a loan, in accordance with the terms and conditions of the Siemens Savings Plan.



     5. Investment Options. Members who have amounts in the Growth Fund Option and the
Allied-Signal Common Stock Fund of the Siemens Automotive Savings Plan and who have their account
balances in that Plan transferred to the Siemens Savings Plan will be able to maintain the amounts
in such options or successor Company common stock fund after the transfer until such time as the
Administrative Committee decides to terminate such investment options. In no event will any Member
be able to make or transfer any future contributions to either of these funds. In addition, the
Administrative Committee shall make such rules and procedures for the administration of the Allied-



2









 







Signal Common Stock Fund or successor Company common stock fund as it deems reasonable.




	 	6.	 	Voting of Allied-Signal Common Stock or Successor Company Common Stock
Fund; Tender Offer Provisions.





          Any voting rights that a Member may have with respect to shares of Allied-Signal Common Stock
or successor Company common stock upon which this Fund is based shall be determined by the
provisions of the Master Trust Agreement applicable to the Plan.




3









 








APPENDIX W



SPECIAL PROVISIONS FOR

EMPLOYEES WHO WERE PARTICIPANTS IN THE

ELECTROCOM AUTOMATION LP SAVINGS AND INVESTMENT PLAN 




     Effective June 30, 1998, the assets and liabilities with respect to the exempt and non-exempt
salaried employees of Siemens ElectroCom LP, ElectroCom Service Corporation and ElectroCom
Communication Systems, Inc. (hereinafter collectively referred to as “ElectroCom”) in the
ElectroCom Automation LP Savings and Investment Plan were merged into, and its assets and
liabilities were transferred to the Siemens Savings Plan. Also as of July 1, 1998, these employees
became eligible to participate in the Siemens Savings Plan.



     As of July 1, 1998, the qualified non-elective company contribution under the ElectroCom
Automation LP Savings and Investment Plan is discontinued.



     The exempt and non-exempt salaried employees of ElectroCom shall participate in the Siemens
Savings Plan in accordance with its terms and conditions. However, the following special
provisions shall apply:



     1. Eligibility. Any exempt or non-exempt salaried employee of ElectroCom who was a
participant in the ElectroCom Automation LP Savings and Investment Plan as of June 30, 1998 or any
such employee who was eligible to participate in that Plan on June 30, 1998 but chose not to do so,
shall be eligible to participate in the Siemens Savings Plan on July 1, 1998.



          Exempt and non-exempt salaried employees of ElectroCom who were not eligible to participate in
ElectroCom Automation LP Savings and Investment Plan as of June 30, 1998 shall be eligible to
participate in the Siemens Savings Plan if they meet the eligibility requirements set forth in
Article III of the Siemens Savings Plan




     2. Vesting. Exempt and non-exempt salaried employees of ElectroCom who were active
participants in the ElectroCom Automation LP Savings and Investment Plan as of June 30, 1997 will
be 100% vested in their pre-tax contributions (“Elective Deferral Contribution”), Discretionary
Contributions and rollover contributions, if any, and related earnings in the ElectroCom Automation
LP Savings and Investment Plan. Any exempt or non-exempt salaried employee who participates in the



 









 







Siemens Savings Plan shall receive employer matching contributions under the Siemens Savings Plan
in accordance with Article V of the Siemens Savings Plan subject to the vesting provisions of
Article VIII of the Siemens Savings Plan.



          Any service that was recognized as vesting service under the ElectroCom Automation LP Savings
and Investment Plan as of June 30, 1998 for exempt and non-exempt salaried employees of ElectroCom
will be recognized as Continuous Employment under the Siemens Savings Plan.




     3. Withdrawals. After June 30, 1998, exempt and non-exempt salaried employees of
ElectroCom shall be able to withdraw the Discretionary Contributions, and related earnings made to
their accounts in the ElectroCom Automation LP Savings and Investment Plan in accordance with, and
under the terms and conditions of, the provisions of Article X of the Siemens Savings Plan as
applicable to the withdrawal of amounts from the Employer Contribution Account of the Siemens
Savings Plan.



          After June 30, 1998, exempt and non-exempt salaried employees of ElectroCom shall be able to
withdraw their pre-tax contributions (“Elective Deferral Contributions”) made to the ElectroCom
Automation LP Savings and Investment Plan in accordance with the provisions of Article X of the
Siemens Savings Plan as applicable to the withdrawals of amounts from Tax-Deferred Contribution
Account of the Siemens Savings Plan.




     4. Loans. In determining the vested account balance amount available under Article IX
of the Siemens Savings Plan for loans, the amounts that were in an exempt or non-exempt salaried
employee’s account in the ElectroCom Automation LP Savings and Investment Plan and which were
transferred to the Siemens Savings Plan shall be eligible for a loan, in accordance with the terms
and conditions of the Siemens Savings Plan.



2









 





APPENDIX X



SPECIAL PROVISIONS FOR

SALARIED EMPLOYEES OF WESTINGHOUSE ELECTRIC CORPORATION

WHO WERE PARTICIPANTS OF

WESTINGHOUSE SAVINGS PROGRAM




     As of September 1, 1998, Siemens Westinghouse Power Corporation and Siemens Westinghouse
Technical Services, Inc., and, effective October 1, 1998, the Siemens Westinghouse Energy
Management Division of Siemens Power transmission and Distribution LLC, (all collectively referred
to as “Siemens Westinghouse”) became Employers with respect to the Siemens Savings Plan.



     The salaried employees of Siemens Westinghouse shall participate in the Siemens Savings Plan
in accordance with its terms and conditions. However, the following special provisions shall
apply:



     1. Eligibility. Any salaried employee of Siemens Westinghouse who was a participant
in the Westinghouse Savings Program as of August 31, 1998 or any such employee who was eligible to
participate in that Plan on August 31, 1998 but chose not to do so, shall be eligible to
participate in the Siemens Savings Plan on September 1, 1998.



          Salaried employees of Siemens Westinghouse who were not eligible to participate in the
Westinghouse Savings Program as of August 31, 1998 shall be eligible to participate in the Siemens
Savings Plan if they meet the eligibility requirements set forth in Article III of the Siemens
Savings Plan.




     2. Vesting. Salaried employees of Siemens Westinghouse who were active participants
in the Westinghouse Savings Program as of August 31, 1998 will be 100% vested in their Pre-Tax,
After-Tax, Employer Match Contribution Accounts and related earnings in the Westinghouse Savings
Program which are transferred to the Siemens Savings Plan. Any salaried employee of Siemens
Westinghouse who participates in the Siemens Savings Plan shall receive Employer Contributions
under the Siemens Savings Plan subject to the vesting provisions of Article VIII of the Siemens
Savings Plan.



 









 





          Any service that was recognized as vesting service under the Westinghouse Savings Program as
of August 31, 1998 for salaried employees of Siemens Westinghouse will be recognized as Continuous
Employment under the Siemens Savings Plan




     3. Withdrawals. After assets are transferred from the Westinghouse Savings Program to
the Siemens Savings Plan, Members shall be able to withdraw amounts in their Employer Match
Contribution Accounts and related earnings and amounts in their After-Tax Contribution Accounts
made to the Westinghouse Savings Program in accordance with, and under the terms and conditions of,
the provisions of Article X of the Siemens Savings Plan, as amended from time to time, as
applicable to the withdrawal of amounts from the Employer Contribution Account and After-Tax
Contribution Account of the Siemens Savings Plan; except that, in circumstances where the
Westinghouse Savings Program would permit a withdrawal and the Siemens Savings Plan would not, the
terms and conditions of the Westinghouse Savings Program, as in effect as of the time immediately
prior to such transfer (including without limitation Article VII thereof), shall apply.



          After assets are transferred from the Westinghouse Savings Program to the Siemens Savings
Plan, Members shall be able to withdraw amounts in their Pre-Tax Accounts made to the Westinghouse
Savings Program in accordance with the provisions of Article X of the Siemens Savings Plan, as
amended from time to time, as applicable to the withdrawals of amounts from Tax-Deferred
Contribution Account of the Siemens Savings Plan; except that, in circumstances where the
Westinghouse Savings Program would permit a withdrawal and the Siemens Savings Plan would not, the
terms and conditions of the Westinghouse Savings Program, as in effect as of the time immediately
prior to such transfer (including without limitation Article VII thereof), shall apply.




     4. Loans. In determining the vested account balance amount available under Article IX
of the Siemens Savings Plan for loans, the amounts that were in a salaried employee’s accounts in
the Westinghouse Savings Program and which were transferred to the Siemens Savings Plan shall be
eligible for a loan, in accordance with the terms and conditions of the Siemens Savings Plan.



2









 





     5. Investment Options. Members who have amounts in the Westinghouse (CBS) Common Stock
Fund of the Westinghouse Savings Program and who have their account balances in that Plan
transferred to the Siemens Savings Plan were able to maintain the amounts in such option after the
transfer until September 29, 2000. In no event was any Member able to make or transfer any future
contributions to this fund. In addition, the Administrative Committee was able to make such rules
and procedures for the administration of the Westinghouse (CBS) Common Stock Fund, as it deemed
reasonable.



     6. Distribution of Account Upon Termination, Retirement or Death. The distribution of
a Siemens Westinghouse employee’s accounts that were formerly in the Westinghouse Savings Program
and that were transferred to the Siemens Savings Plan shall be made in accordance with the
provisions of the Westinghouse Savings Program as in effect as of the time immediately prior to
such transfers (including, without limitation, Article VI thereof). Any amounts made by such
employees after the Closing Date to the Siemens Savings Plan shall be distributed in accordance
with Article XI of the Siemens Savings Plan, as amended from time to time. Notwithstanding any of
the provisions of this Appendix to the contrary, effective April 1, 2002, the only distribution
option or options that shall be available to a Member covered by this Appendix, as well as to his
or her spouse or beneficiary, shall be the option or options available under the applicable
provisions of Article XI of the Siemens Savings Plan, including with respect to amounts that have
been transferred to the Siemens Savings Plan.



3









 





APPENDIX Y



SPECIAL PROVISIONS FOR EMPLOYEES WHO WERE PARTICIPANTS IN THE

NSW CORPORATION INVESTMENT PLAN 




     Effective December 31, 1998, the assets and liabilities with respect to participants in the
NSW Corporation Investment Plan (“NSW Plan”) were merged into, and its assets and liabilities were
transferred to the Siemens Savings Plan. Also as of January 1, 1999, these employees became
eligible to participate in the Siemens Savings Plan.



     The employees of NSW Corporation (“NSW”) shall participate in the Siemens Savings Plan in
accordance with its terms and conditions. However, the following special provisions shall apply:



     1. Eligibility. Any employee of NSW who was a participant in the NSW Plan as of
December 31, 1998 or any such employee who was eligible to participate in that Plan on December 31,
1998 but chose not to do so, shall be eligible to participate in the Siemens Savings Plan on
January 1, 1999.



          Employees of NSW who were not eligible to participate in NSW Plan as of December 31, 1998
shall be eligible to participate in the Siemens Savings Plan if they meet the eligibility
requirements set forth in Article III of the Siemens Savings Plan.




     2. Vesting. Employees of NSW who were active participants in the NSW Plan as of
December 31, 1998 will be 100% vested in their contributions and Company Matching Contributions in
the NSW Plan as of December 31, 1998. Any employee who participates in the Siemens Savings Plan
shall receive employer matching contributions under the Siemens Savings Plan in accordance with
Article V of the Siemens Savings Plan subject to the vesting provisions of Article VIII of the
Siemens Savings Plan.



          Any service that was recognized as vesting service under the NSW Plan as of December 31, 1998
for employees of NSW will be recognized as Continuous Employment under the Siemens Savings Plan.




     3. Withdrawals. After December 31, 1998, employees of NSW shall be able to withdraw
the Company Matching Contributions



 









 







made to their accounts in the NSW Plan in accordance with, and under the terms and conditions of,
the provisions of Article X of the Siemens Savings Plan as applicable to the withdrawal of amounts
from the Employer Contribution Account of the Siemens Savings Plan.



          After December 31, 1998, employees of NSW shall be able to withdraw their pre-tax
contributions made to the NSW Plan in accordance with the provisions of Article X of the Siemens
Savings Plan as applicable to the withdrawal of amounts from the Tax-Deferred Contribution Account
of the Siemens Savings Plan.




     4. Loans. In determining the vested account balance amount available under Article IX
of the Siemens Savings Plan for loans, the amounts that were in an employee’s account in the NSW
Plan and which were transferred to the Siemens Savings Plan shall be eligible for a loan, in
accordance with the terms and conditions of the Siemens Savings Plan.



     5. Forms of Payment. If an NSW employee has accounts in the NSW Plan, the installment
options contained in the NSW Plan shall apply not only to his benefits from the NSW Plan before it
was transferred to the Siemens Savings Plan, but also to benefits he has as a Member of the Siemens
Savings Plan.



2









 





APPENDIX Z



SPECIAL PROVISIONS FOR

SALARIED EMPLOYEES OF THE PART OF THE METER DIVISION OF

SIEMENS POWER TRANSMISSION & DISTRIBUTION, LLC THAT WAS FORMERLY LANDIS & GYR UTILITIES
SERVICES, INC. 




     Effective January 1, 1999, salaried employees of the part of the Meter Division of Siemens
Power Transmission & Distribution, LLC that was formerly Landis & Gyr Utilities Services, Inc.
(“Landis & Gyr Meter Division”) are eligible to participate in the Siemens Savings Plan.



     The salaried employees of the Landis & Gyr Meter Division shall participate in the Siemens
Savings Plan in accordance with its terms and conditions. However, the following special
provisions shall apply:



     1. Eligibility. Any salaried employee of the Landis & Gyr Meter Division who was a
participant in the Landis & Gyr Savings and Profit-Sharing Plan as of December 31, 1998 or any such
employee who was eligible to participate in that Plan on December 31, 1998 but chose not to do so,
shall be eligible to participate in the Siemens Savings Plan on January 1, 1999.



          Salaried employees of the Landis & Gyr Meter Division who were not eligible to participate in
Landis & Gyr Savings and Profit-Sharing Plan as of December 31, 1998 shall be eligible to
participate in the Siemens Savings Plan if they meet the eligibility requirements set forth in
Article III of the Siemens Savings Plan.




     2. Vesting. Any salaried employee of the Landis & Gyr Meter Division who participates
in the Siemens Savings Plan shall receive employer contributions under the Siemens Savings Plan in
accordance with Article V of the Siemens Savings Plan subject to the vesting provisions of Article
VIII of the Siemens Savings Plan.



          Any service that was recognized as vesting service under the Landis & Gyr Savings and
Profit-Sharing Plan as of December 31, 1998 for salaried employees of the Landis & Gyr Meter
Division will be recognized as Continuous Employment under the Siemens Savings Plan.




 









 








APPENDIX AA



SPECIAL PROVISIONS FOR SALARIED EMPLOYEES OF THE

EAGLE TRAFFIC CONTROL SYSTEMS BUSINESS UNIT OF

SIEMENS ENERGY & AUTOMATION 




     Effective December 31, 1998 the assets and liabilities with respect to the salaried employees
of Eagle Traffic Control Systems Business Unit of Siemens Energy & Automation, Inc. (“Eagle
Traffic”) in the Siemens Energy & Automation, Inc. Savings Plan for Employees of Automatic Eagle
Signal (“Eagle Signal Plan”) were merged into, and its assets and liabilities were transferred to
the Siemens Savings Plan. Also as of January 1, 1999, the salaried employees of Eagle Traffic
became eligible to participate in the Siemens Savings Plan.



     The salaried employees of Eagle Traffic shall participate in the Siemens Savings Plan in
accordance with its terms and conditions. However, the following special provisions shall apply:



     1. Eligibility. Any salaried employee of Eagle Traffic who was a participant in the
Eagle Signal Plan as of December 31, 1998 or any such employee who was eligible to participate in
that Plan on December 31, 1998 but chose not to do so, shall be eligible to participate in the
Siemens Savings Plan on January 1, 1999.



          Salaried employees of Eagle Traffic who were not eligible to participate in the Eagle Signal
Plan as of December 31, 1998 shall be eligible to participate in the Siemens Savings Plan if they
meet the eligibility requirements set forth in Article III of the Siemens Savings Plan.




     2. Employer Contributions. The provisions of Section 5.1(a) of Article V of the
Siemens Savings Plan relating to the amount of Employer Contributions shall not apply to the
salaried employees of Eagle Traffic. Such employees will be eligible for company contributions
each year as follows:




	 	•	 	a basic company contribution equal to 11/2% of the amount paid to the
employee by the Company for personal services as reported on the employee’s
Federal Income Tax Withholding Statement (Form W-




 









 






	 	 	2	 together with any amounts contributed by the employee to the Siemens
Savings Plan as Tax Deferred Contributions under Section 4.2 of the Plan.






	 	•	 	a matching contribution equal to 50% of the employee’s contributions to
the Siemens Savings Plan up to 3% of the employee’s compensation.





     3. Vesting. Salaried employees of Eagle Traffic who were active participants in the
Eagle Signal Plan as of December 31, 1998 will be 100% vested in their pre-tax Contributions and
Company Contributions and related earnings in the Eagle Signal Plan.



          Any service that was recognized as vesting service under the Eagle Signal Plan as of December
31, 1998 for salaried employees of Eagle Traffic will be recognized as Continuous Employment under
the Siemens Savings Plan.




     4. Withdrawals. After December 31, 1998, salaried employees of Eagle Traffic shall be
able to withdraw the Company Contributions and related earnings made to their accounts in the Eagle
Signal Plan in accordance with, and under the terms and conditions of, the provisions of Article X
of the Siemens Savings Plan as applicable to the withdrawal of amounts from the Employer
Contribution Account of the Siemens Savings Plan.



          After December 31, 1998, salaried employees of Eagle Traffic shall be able to withdraw their
pre-tax contributions made to the Eagle Signal Plan in accordance with the provisions of Article X
of the Siemens Savings Plan as applicable to the withdrawals of amounts from Tax-Deferred
Contribution Account of the Siemens Savings Plan.




     5. Loans. In determining the vested account balance amount available under Article IX
of the Siemens Savings Plan for loans, the amounts that were in a salaried employee’s account in
the Eagle Signal Plan and which were transferred to the Siemens Savings Plan shall be eligible for
a loan, in accordance with the terms and conditions of the Siemens Savings Plan.



2









 





APPENDIX BB



SPECIAL PROVISIONS FOR EMPLOYEES WHO WERE PARTICIPANTS IN THE

SIEMENS PYRAMID 401(K) PLAN 




     Effective December 31, 1998, the assets and liabilities with respect to participants in the
Siemens Pyramid 401(K) Plan (“Pyramid Plan”) were merged into, and its assets and
liabilities were transferred to the Siemens Savings Plan. Also as of January 1, 1999, these
participants became eligible to participate in the Siemens Savings Plan.



     These participants shall participate in the Siemens Savings Plan in accordance with its terms
and conditions. However, the following special provisions shall apply:



     1. Eligibility. Any individual who was a participant in the Pyramid Plan as of
December 31, 1998 or any such individual who was eligible to participate in that Plan on December
31, 1998 but chose not to do so, shall be eligible to participate in the Siemens Savings Plan on
January 1, 1999.



     2. Vesting. Participants in the Pyramid Plan who are active employees as of December
31, 1998 will be 100% vested in their contributions and Company Matching Contributions in the
Pyramid Plan as of December 31, 1998. Any participant in the Pyramid Plan who participates in the
Siemens Savings Plan shall receive employer matching contributions under the Siemens Savings Plan
in accordance with Article V of the Siemens Savings Plan subject to the vesting provisions of
Article VIII of the Siemens Savings Plan. Any service that was recognized as vesting service under
the Pyramid Plan as of December 31, 1998 will be recognized as Continuous Employment under the
Siemens Savings Plan.



     3. Withdrawals. After December 31, 1998, participants in the Pyramid Plan shall be
able to withdraw the Company Matching Contributions made to their accounts in the Pyramid Plan in
accordance with, and under the terms and conditions of, the provisions of Article X of the Siemens
Savings Plan as applicable to the withdrawal of amounts from the Employer Contribution Account of
the Siemens Savings Plan.



          After December 31, 1998, participants in the Pyramid Plan shall be able to withdraw their
pre-tax contributions made to the Pyramid Plan in accordance with the provisions of Article


 









 







X of the Siemens Savings Plan as applicable to the withdrawal of amounts from the Tax-Deferred
Contribution Account of the Siemens Savings Plan.




     4. Loans. In determining the vested account balance amount available under Article IX
of the Siemens Savings Plan for loans, the amounts that were in a participant’s account in the
Pyramid Plan and which were transferred to the Siemens Savings Plan shall be eligible for a loan,
in accordance with the terms and conditions of the Siemens Savings Plan.



     5. Employer Contribution. Notwithstanding the provisions of Section 5.1(a) of the
Siemens Savings Plan, employees of Siemens Information and Communications Products LLC who do not
participate in the Siemens Retirement Plan shall receive an Employer Contribution to the Siemens
Savings Plan pursuant to Section 5.1(a) of the Siemens Savings Plan equal to 75% of their Basic
Tax-Deferred and Basic After-Tax Contributions.



2









 





APPENDIX CC



SPECIAL PROVISIONS FOR EMPLOYEES OF THE CERBERUS

DIVISION OF SIEMENS BUILDING TECHNOLOGIES, INC. 

WHO WERE PARTICIPANTS IN THE CERBERUS PYROTRONICS,

INC. RETIREMENT SAVINGS PLAN




     Effective December 31, 1999, assets and the liabilities with respect to Salaried Employees who
were participants in the Cerberus Pyrotronics, Inc. Retirement Savings Plan (“Cerberus Plan” ) were
merged into, and its assets and liabilities were transferred to the Siemens Savings Plan. Also as
of January 1, 2000, these participants became eligible to participate in the Siemens Savings Plan.



     These participants shall participate in the Siemens Savings Plan in accordance with its terms
and conditions. However, the following special provisions shall apply:



     1. Eligibility. Any individual who was a participant in the Cerberus Plan as of
December 31, 1999 or any such individual who was eligible to participate in that Plan on January 1,
2000, but chose not to do so, shall be eligible to participate in the Siemens Savings Plan on
January 1, 2000.



     2. Vesting. Participants in the Cerberus Plan who are active employees as of December
31, 1999 will be 100% vested in their contributions and Company Contributions in the Cerberus Plan
as of December 31, 1999. Any Participant in the Cerberus Plan who participates in the Siemens
Savings Plan shall receive employer matching contributions under the Siemens Savings Plan in
accordance with Section 5 of this Appendix subject to the vesting provisions of Article VIII of the
Siemens Savings Plan.



     Any service that was recognized as vesting service under the Cerberus Plan as of December 31,
1999 will be recognized as Continuous Employment under the Siemens Savings Plan.



     3. Withdrawals. After December 31, 1999, participants in the Cerberus Plan shall be
able to withdraw the Company Contributions made to their accounts in the Cerberus Plan in
accordance with, and under the terms and conditions of, the provisions of Article X of the Siemens
Savings Plan as applicable to the withdrawal of amounts from the Employer Contribution Account of
the Siemens Savings Plan.



 









 





     After December 31, 1999 participants in the Cerberus Plan shall be able to withdraw their
elective deferral contributions made to the Cerberus Plan in accordance with the provisions of
Article X of the Siemens Savings Plan as applicable to the withdrawal of amounts from the
Tax-Deferred Contribution Account of the Siemens Savings Plan.



     4. Loans. In determining the vested account balance amount available under Article IX
of the Siemens Savings Plan for loans, the amounts that were in a participant’s account in the
Cerberus Plan and which were transferred to the Siemens Savings Plan shall be eligible for a loan,
in accordance with the terms and conditions of the Siemens Savings Plan.



     5. Employer Contribution. The provisions of Section 5.1 (a) of the Siemens Savings
Plan, shall not apply to the salaried employees of the Cerberus Division of Siemens Building
Technologies, Inc. who participate in the Siemens Savings Plan. The following provisions shall
apply with respect to the amount of employer contributions the Cerberus employees receive under the
Plan:




	 	5.1(a)	 	For each Member who makes Basic Tax-Deferred or After-Tax Contributions
during payroll period, the Employer will make Employer Contributions to the Plan on
behalf of such Member in an amount equal to 25% of such Member’s Basic Tax-Deferred and
Basic After-Tax Contributions, less any amount of forfeiture then to be applied to
reduce such Employer Contributions pursuant to Article XII.






	 	 (b)	 	At the sole discretion of the Employer and based upon the
Employer’s current and accumulated profits, as determined on the September 30th
occurring within the Plan Year, the Employer may make an additional,
Discretionary Employer Contribution to the Member’s accounts in the Plan to be
allocated in the same manner as the Employer Contribution as set forth in the
immediately preceding paragraph so that the amount allocated to the Employer
Contribution Account of any Member




2









 






	 	 	 	will be equal to a percentage of the first 6% of a Member’s Compensation that
is contributed to the Plan for such Plan Year, provided, however, that only
Members who are Employees on the last day of the Plan Year will be eligible
to receive a Discretionary Employer Contribution.






	 	(c)	 	Employer Contributions, including the Discretionary Employer
Contributions are subject to the limitations provided under Section 6.8. In
addition, Employer Contributions, including Discretionary Employer
Contributions, are subject to the nondiscrimination test provided under Section
5.2.






	 	(d)	 	The Employer will contribute Employer Contributions to the Plan
at least monthly, except, however, the Employer will contribute Discretionary
Employer Contributions to the Plan by the time for filing the Employer’s income
tax return for the applicable year including extensions.




3









 











APPENDIX DD



SPECIAL PROVISIONS FOR

EMPLOYEES OF THE ELECTRICAL MACHINE CONTROL PRODUCTS AND
 SOLUTIONS BUSINESS OF VICKERS
ELECTRONIC SYSTEMS DIVISION




     As of January 1, 2000, the employees of the Electrical Machine Control Products and Solutions
Business of Vickers Electronic Systems Division, who were Transferred Employees within the meaning
of Section 10.1 of the Asset Purchase Agreement Between Vickers Incorporated and Siemens Energy &
Automation Inc, dated as of December 29, 1999, For the Sale of the Electrical Machine Control
Products and Solutions Business of the Vickers Electronic Systems Division (hereinafter referred to
as “Vickers Transferred Employees”), shall participate in the Siemens Savings Plan in accordance
with its terms and conditions. However, the following special provisions shall apply:



     1. Eligibility. Any Vickers Transferred Employee who was a participant in the
Aeroquip-Vickers Savings and Profit Sharing Plan (hereinafter referred to as the “Vickers Plan”) as
of December 31, 1999, or any such employee who was eligible to participate in that Plan on December
31, 1999, but chose not to do so, shall be eligible to participate in the Siemens Savings Plan on
January 1, 2000.



          Transferred Vickers Employees who were not eligible to participate in the Vickers Plan as of
December 31, 1999 shall be eligible to participate in the Siemens Savings Plan if they meet the
eligibility requirements set forth in Article III of the Siemens Savings Plan.




     2. Vesting. Transferred Vickers Employees who were active participants in the Vickers
Plan as of December 31, 1999 will be 100% vested in their account balances in the Vickers Plan
which are transferred to the Siemens Savings Plan. Any Transferred Vickers Employee who
participates in the Siemens Savings Plan shall receive Employer Contributions under the Siemens
Savings Plan subject to the vesting provisions of Article VIII of the Siemens Savings Plan.



          Any service that was recognized as vesting service under the Vickers Plan as of December 31,
1999 for Transferred




 









 







Vickers Employees will be recognized as Continuous Employment under the Siemens Savings Plan




     3. Withdrawals. After assets are transferred from the Vickers Plan to the Siemens
Savings Plan, Members shall be able to withdraw amounts in their matching contribution accounts and
related earnings and amounts in their after-tax contribution accounts made to the Vickers Plan in
accordance with, and under the terms and conditions of, the provisions of Article X of the Siemens
Savings Plan, as amended from time to time, as applicable to the withdrawal of amounts from the
Employer Contribution Account and After-Tax Contribution Account of the Siemens Savings Plan;
except that, in circumstances where the Vickers Plan would permit a withdrawal and the Siemens
Savings Plan would not, the terms and conditions of the Vickers Plan, as in effect as of the time
immediately prior to such transfer, shall apply.



          After assets are transferred from the Vickers Plan to the Siemens Savings Plan, Members shall
be able to withdraw amounts in their pre-tax accounts made to the Vickers Plan in accordance with
the provisions of Article X of the Siemens Savings Plan, as amended from time to time, as
applicable to the withdrawals of amounts from Tax-Deferred Contribution Account of the Siemens
Savings Plan; except that, in circumstances where the Vickers Plan would permit a withdrawal and
the Siemens Savings Plan would not, the terms and conditions of the Vickers Plan, as in effect as
of the time immediately prior to such transfer , shall apply.




     4. Loans. In determining the vested account balance amount available under Article IX
of the Siemens Savings Plan for loans, the amounts that were in a Vickers Transferred Employee’s
accounts in the Vickers Plan and which were transferred to the Siemens Savings Plan shall be
eligible for a loan, in accordance with the terms and conditions of the Siemens Savings Plan.



     5. Investment Options. Members who have amounts in the Eaton Corporation and/or
Milacron, Inc. common stock funds of the Vickers Plan and who have their account balances in that
Plan transferred to the Siemens Savings Plan will be able to maintain



2









 







the amounts in such funds after the transfer until twelve months after the date they are
transferred to the Siemens Savings Plan. In no event will any Member be able to make or transfer
any future contributions to either of these funds. In addition, the Administrative Committee shall
make such rules and procedures for the administration of these funds, as it deems reasonable. These
rules and procedure may include, but not be limited to, requiring a Member who wishes to transfer
his balances in such funds to another option under the Siemens Savings Plan before the deadline for
maintenance of these funds expires to do to only with respect to his entire balance in these funds,
and with a settlement date of the 25th day of the month following the date the Member requests such
transfer.



     6. Voting of Eaton Corporation and/or Milacron, Inc. Common Stock; Tender Offer
Provisions.



          Any voting rights that a Member may have with respect to shares of Eaton Corporation and/or
Milacron, Inc. Common Stock or successor Company Common Stock upon which this Fund is based shall
be determined by the provisions of the Master Trust Agreement applicable to the Plan.




     7. Dividends From Eaton Corporation and/or Milacron Inc. Common Stock. Any cash
dividends or interest with respect to a Member’s interest in the Eaton Corporation and/or Milacron
Inc. Common Stock funds shall be invested in the Plan’s Fixed Rate Fund.



     8. Distribution of Account Upon Termination, Retirement or Death. The distribution of
a Transferred Vickers Employee’s accounts that were formerly in the Vickers Plan and that were
transferred to the Siemens Savings Plan shall be made in accordance with the provisions of the
Vickers Plan as in effect as of the time immediately prior to such transfers. Any amounts made by
such employees after the Closing Date to the Siemens Savings Plan shall be distributed in
accordance with Article XI of the Siemens Savings Plan, as amended from time to time.
Notwithstanding any of the provisions of this Appendix to the contrary, effective April 1, 2002,
the only distribution option or options that shall be available to a Member covered by this



3









 







Appendix, as well as to his or her spouse or beneficiary, shall be the option or options available
under the applicable provisions of Article XI of the Siemens Savings Plan, including with respect
to amounts that have been transferred to the Siemens Savings Plan.



4









 





APPENDIX EE(a)




SPECIAL COMPANY DISCRETIONARY CONTRIBUTION FOR EMPLOYEES OF

OPUSWAVE NETWORKS INC. FOR PLAN YEAR 1999



Notwithstanding the provisions of Section 5.1 (a) of the Siemens Savings Plan (“Plan”), OPUSWAVE
Networks Inc. shall make a special additional discretionary Employer Contribution to the Plan for
Plan Year 1999 with respect to any of its employees who contributed to the Plan during the period
of August 1, 1999 through December 31, 1999 and who were actively employed with OPUSWAVE Networks,
Inc. as of December 31, 1999 equal to 50% of the Basic Tax-Deferred and Basic After-Tax
Contributions made by or on behalf of such employees of OPUSWAVE Networks, Inc. to the Plan during
this period.



This special discretionary Employer Contribution is in addition to the regular Employer
Contribution set forth in Section 5.1 (a) of the Plan, and shall only be in effect with respect to
Plan Year 1999.




 









 








APPENDIX EE(b)



SPECIAL
PROVISIONS FOR FORMER EMPLOYEES OF MOTOROLA, INC. WHO
 HAVE BEEN TRANSFERRED TO OSRAM
SYLVANIA PRODUCTS, INC.




     Effective April 1, 2000, certain former employees of Motorola, Inc (“Motorola”) designated as
Transferred Employees under the Asset Sale Agreement between Motorola and OSRAM SYLVANIA Products,
Inc (“OSRAM”), dated February 29, 2000 shall participate in the Siemens Savings Plan in accordance
with its terms and conditions. However, the following special provisions shall apply:



     1. Eligibility. Any Transferred Employee who was a participant in the Motorola Profit
Sharing and Investment Plan (hereinafter referred to as the “Motorola Plan”) as of February 29,
2000, or any such employee who was eligible to participate in that Plan on February 29, 2000, but
chose not to do so, shall be eligible to participate in the Siemens Savings Plan on April 1, 2000.



          Transferred Employees who were not eligible to participate in the Motorola Plan as of February
29, 2000 shall be eligible to participate in the Siemens Savings Plan if they meet the eligibility
requirements set forth in Article III of the Siemens Savings Plan. Service with Motorola that is
recognized by the Motorola Plan for purposes of meeting the eligibility requirements of that Plan
shall be recognized for purposes of meeting the eligibility requirements under Article III of the
OSI Plan.




     2. Vesting. Transferred Employees who were active participants in the Motorola Plan as
of February 29, 2000 will be 100% vested in their account balances in the Motorola Plan which are
transferred to the Siemens Savings Plan. Any Transferred Employee who participates in the Siemens
Savings Plan shall receive Employer Contributions under the Siemens Savings Plan subject to the
vesting provisions of Article VIII of the Siemens Savings Plan.



          Any service with Motorola that was recognized as vesting service under the Motorola Plan as of
February 29, 2000 for Transferred Employees will be recognized as Continuous Employment under the
Siemens Savings Plan




 









 








     3. Withdrawals. After assets are transferred from the Motorola Plan to the Siemens
Savings Plan, Members shall be able to withdraw amounts in their matching contribution accounts and
related earnings and amounts in their after-tax contribution accounts made to the Motorola Plan in
accordance with, and under the terms and conditions of, the provisions of Article X of the Siemens
Savings Plan, as amended from time to time, as applicable to the withdrawal of amounts from the
Employer Contribution Account and After-Tax Contribution Account of the Siemens Savings Plan;
except that, in circumstances where the Motorola Plan would permit a withdrawal and the Siemens
Savings Plan would not, the terms and conditions of the Motorola Plan, as in effect as of the time
immediately prior to such transfer, shall apply.



          After assets are transferred from the Motorola Plan to the Siemens Savings Plan, Members shall
be able to withdraw amounts in their pre-tax accounts made to the Motorola Plan in accordance with
the provisions of Article X of the Siemens Savings Plan, as amended from time to time, as
applicable to the withdrawals of amounts from Tax-Deferred Contribution Account of the Siemens
Savings Plan; except that, in circumstances where the Motorola Plan would permit a withdrawal and
the Siemens Savings Plan would not, the terms and conditions of the Motorola Plan, as in effect as
of the time immediately prior to such transfer , shall apply.




     4. Loans. In determining the vested account balance amount available under Article IX
of the Siemens Savings Plan for loans, the amounts that were in a Transferred Employee’s accounts
in the Motorola Plan and which were transferred to the Siemens Savings Plan shall be eligible for a
loan, in accordance with the terms and conditions of the Siemens Savings Plan.



     5. Investment Options. Members who have amounts in the Motorola, Inc. common stock
fund of the Motorola Plan and who have their account balances in that Plan transferred to the
Siemens Savings Plan will be able to maintain the amounts in such funds after the transfer until
twelve months after the date they are transferred to the Siemens Savings Plan. In no event will any



2









 







Member be able to make or transfer any future contributions to this fund. In addition, the
Administrative Committee shall make such rules and procedures for the administration of this fund,
as it deems reasonable. These rules and procedure may include, but not be limited to, requiring a
Member who wishes to transfer his balances in such funds to another option under the Siemens
Savings Plan before the deadline for maintenance of these funds expires to do to only with respect
to his entire balance in these funds, and with a settlement date of the 25th day of the month
following the date the Member requests such transfer.



     6. Voting of Motorola, Inc. Common Stock; Tender Offer Provisions.



          Any voting rights that a member may have with respect to shares of Motorola Inc. common stock
upon which this Fund is based shall be determined by the provisions of the Master Trust Agreement
applicable to the Plan.




     7. Dividends From Motorola, Inc. Common Stock. Any cash dividends or interest with
respect to a Member’s interest in Motorola, Inc. Common Stock funds shall be invested in the Plan’s
Fixed Rate Fund.



     8. Distribution of Account Upon Termination, Retirement or Death. The distribution of
a Transferred Employee’s accounts that were formerly in the Motorola Plan and that were transferred
to the Siemens Savings Plan can be made under any of the optional form of payments available to
Transferred Employees in accordance with the provisions of the Motorola Plan as in effect as of the
time immediately prior to such transfers. Any amounts made by such employees after the Closing
Date to the Siemens Savings Plan shall be distributed in accordance with Article XI of the Siemens
Savings Plan, as amended from time to time. Notwithstanding any of the provisions of this Appendix
to the contrary, effective April 1, 2002, the only distribution option or options that shall be
available to a Member covered by this Appendix, as well as to his or her spouse or beneficiary,
shall be the option or options available under the applicable provisions of Article XI of the
Siemens Savings Plan, including
with respect to amounts that have been transferred to the Siemens Savings Plan.




3









 






APPENDIX FF




SPECIAL PROVISIONS FOR EMPLOYEES OF SIEMENS MOORE PROCESS AUTOMATION, INC.




     Effective December 31, 2000, the assets and liabilities with respect to the Moore Products
Company Retirement Savings Plan (“Moore Savings Plan”) were transferred to the Siemens Savings
Plan. Upon the transfer of such assets into the Siemens Savings Plan, the Siemens Savings Plan
assumed responsibility for making payments with respect to the benefits earned by participants in
the Moore Savings Plan. As of January 1, 2001, Siemens Moore
Process Automation, Inc. (“Siemens
Moore”) became a participating employer in the Siemens Savings Plan in accordance with terms and
conditions of the Siemens Savings Plan. However, the following special provisions shall apply with
respect to these participants:



     1. Eligibility. Any participant in the Moore Savings Plan as of December 31, 2000 who
is actively employed with Siemens Moore as of December 31, 2000, shall become a member of the
Siemens Savings Plan as of January 1, 2001. An employee of Siemens Moore who is not a participant
in the Moore Savings Plan as of December 31, 2000 or who is not actively employed with Siemens
Moore as of December 31, 2001 shall become a Member of the Siemens Savings Plan upon meeting the
requirements of Article III of the Siemens Savings Plan. Employment with Moore Products Company
before its acquisition by Siemens that is recognized under the Moore Savings Plan for purposes of
meeting the eligibility requirements under that plan will be recognized for purposes of meeting the
eligibility requirements under Article III of the Siemens Savings Plan.



     2. Vesting. Participants in the Moore Savings Plan who are active participants in the
Moore Savings Plan as of December 31, 2000 and whose accounts balances are transferred to the
Siemens Savings Plan as of December 31, 2000 will be 100% vested in their account balances in the
Moore Savings Plan. Any participant in the Moore Savings Plan whose account balances are
transferred to the Siemens Savings Plan as of December 31, 2000 and who are not active participants
in the Moore Savings Plan as of December 31, 2000 will be vested in that portion of the
participant’s account balance in the Moore Savings Plan that is transferred in the name of the
participant to the Siemens



 









 




Savings Plan. Any employee of Siemens Moore who participates in the Siemens Savings Plan shall
receive Employer Contributions under the Siemens Savings Plan subject to the vesting provisions of
Article VIII of the Siemens Savings Plan.




          Any service that was recognized as vesting service under the Moore Savings Plan as of December
31, 2000 for employees of Siemens Moore will be recognized as Continuous Employment under the
Siemens Savings Plan




     3. Withdrawals. After assets are transferred from the Moore Savings Plan to the
Siemens Savings Plan, Members shall be able to withdraw amounts in their matching contribution
accounts and related earnings and amounts in their after-tax contribution accounts made to the
Moore Savings Plan in accordance with, and under the terms and conditions of, the provisions of
Article X of the Siemens Savings Plan, as amended from time to time, as applicable to the
withdrawal of amounts from the Employer Contribution Account and After-Tax Contribution Account of
the Siemens Savings Plan; except that, in circumstances where the Moore Savings Plan would permit a
withdrawal and the Siemens Savings Plan would not, the terms and conditions of the Moore Savings
Plan, as in effect as of the time immediately prior to such transfer, shall apply.



          After assets are transferred from the Moore Savings Plan to the Siemens Savings Plan, Members
shall be able to withdraw amounts in their pre-tax accounts made to the Moore Savings Plan in
accordance with the provisions of Article X of the Siemens Savings Plan, as amended from time to
time, as applicable to the withdrawals of amounts from Tax-Deferred Contribution Account of the
Siemens Savings Plan; except that, in circumstances where the Moore Savings Plan would permit a
withdrawal and the Siemens Savings Plan would not, the terms and conditions of the Moore Savings
Plan, as in effect as of the time immediately prior to such transfer , shall apply.




     4. Loans. In determining the vested account balance amount available under Article IX
of the Siemens Savings Plan for loans, the amounts that were in an employee’s account in the Moore
Savings Plan which were transferred to the Siemens Savings Plan



2









 




shall be eligible for a loan, in accordance with the terms and conditions of the Siemens Savings
Plan.




     5. Distribution of Accounts. The distribution of an employee’s account in the Moore
Savings Plan that was formerly in the Moore Savings Plan and that were transferred to the Siemens
Savings Plan shall be made in accordance with the provisions of the Moore Savings Plan as in effect
as of the time immediately prior to such transfers. Any amounts made by such employees to the
Siemens Savings Plan after December 31, 2000 shall be distributed in accordance with Article XI of
the Siemens Savings Plan, as amended from time to time. Notwithstanding any of the provisions of
this Appendix to the contrary, effective April 1, 2002, the only distribution option or options
that shall be available to a Member covered by this Appendix, as well as to his or her spouse or
beneficiary, shall be the option or options available under the applicable provisions of Article XI
of the Siemens Savings Plan, including with respect to amounts that have been transferred to the
Siemens Savings Plan.



3









 





APPENDIX GG




SPECIAL PROVISIONS FOR EMPLOYEES OF SHARED MEDICAL SYSTEMS CORPORATION




     Upon the transfer of the assets and liabilities from the SMS Retirement Savings Plan (“SMS
Savings Plan”) to the Siemens Savings Plan, the Siemens Savings Plan assumed responsibility for
making payments with respect to the benefits earned by participants in the SMS Savings Plan. As of
January 1, 2001, Shared Medical Systems Corporation became a participating employer in the Siemens
Savings Plan in accordance with the terms and conditions of the Siemens Savings Plan. However, the
following special provisions shall apply with respect to these participants:



     1. Eligibility. Any participant in the SMS Savings Plan as of December 31, 2000 who is
actively employed with SMS as of December 31, 2000, shall become a member of the Siemens Savings
Plan as of January 1, 2001. An employee of SMS who is not a participant in the SM SMS Savings Plan
as of December 31, 2000 or who is not actively employed with SMS as of December 31, 2001 shall
become a Member of the Siemens Savings Plan upon meeting the requirements of Article III of the
Siemens Savings Plan. Employment with SMS before its acquisition by Siemens that is recognized
under the SMS for purposes of meeting the eligibility requirements under that plan will be
recognized for purposes of meeting the eligibility requirements under Article III of the Siemens
Savings Plan.



     2. Vesting. Participants in the SMS Savings Plan whose accounts balances are
transferred to the Siemens Savings Plan will be vested in their account balances that are
transferred from the SMS Savings Plan in accordance with the vesting provisions of Article VIII of
the Siemens Savings Plan, and any service which is recognized as vesting service under the SMS
Savings Plan as of the date assets are transferred, will be recognized as Continuous Employment
under the Siemens Savings Plan. Any employee of SMS who participates in the Siemens Savings Plan
shall receive Employer Contributions under the Siemens Savings Plan subject to the vesting
provisions of Article VIII of the Siemens Savings Plan.



 









 





     3. Withdrawals. After assets are transferred from the SMS Savings Plan to the Siemens
Savings Plan, Members shall be able to withdraw amounts in their matching contribution accounts and
related earnings and amounts in their after-tax contribution accounts made to the SMS Savings Plan
in accordance with, and under the terms and conditions of, the provisions of Article X of the
Siemens Savings Plan, as amended from time to time, as applicable to the withdrawal of amounts from
the Employer Contribution Account and After-Tax Contribution Account of the Siemens Savings Plan;
except that, in circumstances where the SMS Savings Plan would permit a withdrawal and the Siemens
Savings Plan would not, the terms and conditions of the SMS Savings Plan, as in effect as of the
time immediately prior to such transfer, shall apply.



          After assets are transferred from the SMS Savings Plan to the Siemens Savings Plan, Members
shall be able to withdraw amounts in their pre-tax accounts made to the SMS Savings Plan in
accordance with the provisions of Article X of the Siemens Savings Plan, as amended from time to
time, as applicable to the withdrawals of amounts from Tax-Deferred Contribution Account of the
Siemens Savings Plan; except that, in circumstances where the SMS Savings Plan would permit a
withdrawal and the Siemens Savings Plan would not, the terms and conditions of the SMS Savings
Plan, as in effect as of the time immediately prior to such transfer , shall apply.




     4. Loans. In determining the vested account balance amount available under Article IX
of the Siemens Savings Plan for loans, the amounts that were in an employee’s account in the SMS
Savings Plan which were transferred to the Siemens Savings Plan shall be eligible for a loan, in
accordance with the terms and conditions of the Siemens Savings Plan.



     5. Distribution of Accounts. The distribution of an employee’s account in the SMS
Savings Plan that was formerly in the SMS Savings Plan and that were transferred to the Siemens
Savings Plan shall be made in accordance with the provisions of the SMS Savings Plan as in effect
as of the time immediately prior to such transfers. Any amounts made by such employees to the
Siemens Savings Plan after December 31, 2000 shall be



2









 




distributed in accordance with Article XI of the Siemens Savings Plan, as amended from time to
time. Notwithstanding any of the provisions of this Appendix to the contrary, effective April 1,
2002, the only distribution option or options that shall be available to a Member covered by this
Appendix, as well as to his or her spouse or beneficiary, shall be the option or options available
under the applicable provisions of Article XI of the Siemens Savings Plan, including with respect
to amounts that have been transferred to the Siemens Savings Plan.




3









 








APPENDIX HH




SPECIAL PROVISIONS FOR EMPLOYEES OF ENTEX IT SERVICES INC.



Upon the transfer of the assets and liabilities with respect to the Entex 401(k) Retirement Savings
Plan (“Entex Savings Plan”) to the Siemens Savings Plan, the Siemens Savings Plan assumed
responsibility for making payments with respect to the benefits earned by participants in the Entex
Savings Plan. As of January 1, 2001, Entex IT Services Inc. (“Entex”) became a participating
employer in the Siemens Savings Plan in accordance with the terms and conditions of the Siemens
Savings Plan. However, the following special provisions shall apply with respect to these
participants:




     1. Eligibility. Any participant in the Entex Savings Plan as of December 31, 2000 who
is actively employed with Entex as of December 31, 2000, shall become a member of the Siemens
Savings Plan as of January 1, 2001. An employee of Entex who is not a participant in the Entex
Savings Plan as of December 31, 2000 or who is not actively employed with Entex as of December 31,
2001 shall become a Member of the Siemens Savings Plan upon meeting the requirements of Article III
of the Siemens Savings Plan. Employment with SMS before its acquisition by Siemens that is
recognized under the Entex Savings Plan for purposes of meeting the eligibility requirements under
that plan will be recognized for purposes of meeting the eligibility requirements under Article III
of the Siemens Savings Plan.



     2. Vesting. A participant in the Entex Savings Plan who is an active participant in
the Entex Savings Plan as of December 31, 2000 and whose account balance is transferred to the
Siemens Savings Plan will be 100% vested in the portion of the participant’s account balance in the
Entex Savings Plan that is transferred to the Siemens Savings Plan in the name of the participant.
Any participant in the Entex Savings Plan whose account balance is transferred to the Siemens
Savings Plan as of December 31, 2000 and who is not an active participant in the Entex Savings Plan
as of December 31, 2000 will be vested in that portion of the participant’s account balance in the
Entex Savings Plan that is transferred in the name of the Participant to the Siemens Savings Plan
in accordance with the vesting provisions of the Entex Savings Plan in effect as of the date of
such participant’s termination of employment..



 









 





          Any service that was recognized as vesting service under the Entex Savings Plan as of December
31, 2000 for employees of Entex will be recognized as Continuous Employment under the Siemens
Savings Plan




     3. Withdrawals. After assets are transferred from the Entex Savings Plan to the
Siemens Savings Plan, Members shall be able to withdraw amounts in their matching contribution
accounts and related earnings and amounts in their after-tax contribution accounts made to the
Entex Savings Plan in accordance with, and under the terms and conditions of, the provisions of
Article X of the Siemens Savings Plan, as amended from time to time, as applicable to the
withdrawal of amounts from the Employer Contribution Account and After-Tax Contribution Account of
the Siemens Savings Plan; except that, in circumstances where the Entex Savings Plan would permit a
withdrawal and the Siemens Savings Plan would not, the terms and conditions of the Entex Savings
Plan, as in effect as of the time immediately prior to such transfer, shall apply.



          After assets are transferred from the Entex Savings Plan to the Siemens Savings Plan, Members
shall be able to withdraw amounts in their pre-tax accounts made to the Entex Savings Plan in
accordance with the provisions of Article X of the Siemens Savings Plan, as amended from time to
time, as applicable to the withdrawals of amounts from Tax-Deferred Contribution Account of the
Siemens Savings Plan; except that, in circumstances where the SMS Savings Plan would permit a
withdrawal and the Siemens Savings Plan would not, the terms and conditions of the Entex Savings
Plan, as in effect as of the time immediately prior to such transfer , shall apply.




     4. Loans. In determining the vested account balance amount available under Article IX
of the Siemens Savings Plan for loans, the amounts that were in an employee’s account in the Entex
Savings Plan which were transferred to the Siemens Savings Plan shall be eligible for a loan, in
accordance with the terms and conditions of the Siemens Savings Plan.



2









 





     5. Distribution of Accounts. The distribution of an employee’s account in the Entex
Savings Plan that was formerly in the Entex Savings Plan and that were transferred to the Siemens
Savings Plan shall be made in accordance with the provisions of the Entex Savings Plan as in effect
as of the time immediately prior to such transfers. Any amounts made by such employees to the
Siemens Savings Plan after December 31, 2000 shall be distributed in accordance with Article XI of
the Siemens Savings Plan, as amended from time to time. Notwithstanding any of the provisions of
this Appendix to the contrary, effective April 1, 2002, the only distribution option or options
that shall be available to a Member covered by this Appendix, as well as to his or her spouse or
beneficiary, shall be the option or options available under the applicable provisions of Article XI
of the Siemens Savings Plan, including with respect to amounts that have been transferred to the
Siemens Savings Plan.



3









 





APPENDIX II




SPECIAL PROVISIONS FOR EMPLOYEES OF FORMER ELLENCO, LLC. AND CEREL, LLC.



Upon the transfer of the assets and liabilities, effective April 6, 2001, with respect to the
Ellenco, LLC. Savings Plan (“Ellenco Plan”) and the Cerel, LLC. Savings Plan (“Cerel Plan”) into
the Siemens Savings Plan, the Siemens Savings Plan assumed responsibility for making payments with
respect to the benefits earned by participants in the Ellenco Plan and Cerel Plan in accordance
with the terms and conditions of the Siemens Savings Plan. However, the following special
provisions shall apply to these participants.




     1. Vesting. A participant in either the Ellenco Plan or Cerel Plan who is an active
participant in the either the Ellenco or Cerel Plan as of April 6, 2001 and whose account balance
is transferred to the Siemens Savings Plan will be 100% vested in the portion of the participant’s
account balance in either the Ellenco Plan or Cerel Plan that is transferred to the Siemens Savings
Plan in the name of the participant. Any participant in either the Ellenco Plan or the Cerel Plan
whose account balance is transferred to the Siemens Savings Plan as of April 6, 2001 and who is not
an active participant in either the Ellenco Plan or the Cerel Plan as of April 6, 2001 will be
vested in that portion of the participant’s account balance in either the Ellenco Plan or the Cerel
Plan that is transferred in the name of the Participant to the Siemens Savings Plan in accordance
with the vesting provisions of the Ellenco Plan or the Cerel Plan, as applicable, in effect as of
the date of such participant’s termination of employment.



          Any service that was recognized as vesting service under the Ellenco Plan or the Cerel Plan as
of April 6, 2001 for the respective former employees of Ellenco, LLC or Cerel, LLC will be
recognized as Continuous Employment under the Siemens Savings Plan.




     2. Withdrawals. After assets are transferred from the Ellenco Plan and the Cerel Plan
to the Siemens Savings Plan, members shall be able to withdraw amounts in their matching
contribution accounts and related earnings and amounts in their after-tax contribution accounts
made to the Ellenco Plan or the Cerel Plan in accordance with, and under the terms and



 









 




conditions of, the provisions of Article X of the Siemens Savings Plan, as amended from time to
time, as applicable to the withdrawal of amounts from the Employer Contribution Account and
After-Tax Contribution Account of the Siemens Savings Plan; except that, in circumstances where the
Ellenco Plan or the Cerel Plan would permit a withdrawal and the Siemens Savings Plan would not,
the terms and conditions of the Ellenco Plan or the Cerel Plan, as in effect as of the time
immediately prior to such transfer, shall apply.




          After assets are transferred from the Ellenco Plan or the Cerel Plan to the Siemens Savings
Plan, members shall be able to withdraw amounts in their pre-tax accounts made to these Plans in
accordance with the provisions of Article X of the Siemens Savings Plan, as amended from time to
time, as applicable to the withdrawals of amounts from the Tax-Deferred Contribution Account of the
Siemens Savings Plan; except that, in circumstances where the Ellenco Plan or Cerel Plan would
permit a withdrawal and the Siemens Savings Plan would not, the terms and conditions of the Ellenco
Plan or the Cerel Plan, as in effect as of the time immediately prior to such transfer, shall
apply.




     3. Loans. In determining the vested account balance amount available under Article IX
of the Siemens Savings Plan for loans, the amounts that were in an employee’s account in the
Ellenco Plan or the Cerel Plan which were transferred to the Siemens Savings Plan shall be eligible
for a loan, in accordance with the terms and conditions of the Siemens Savings Plan.




2









 








APPENDIX JJ




SPECIAL PROVISIONS FOR EMPLOYEES OF FORMER JENCOURT, INC.



Upon the transfer of the assets and liabilities, effective April 2, 2001, with respect to the
Jencourt, Inc. Employees’ 401(k) Plan and Trust (“Jencourt Plan”) into the Siemens Savings Plan,
the Siemens Savings Plan assumed responsibility for making payments with respect to the benefits
earned by participants in the Jencourt Plan in accordance with the terms and conditions of the
Siemens Savings Plan. However, the following special provisions shall apply with respect to these
participants.




     1. Vesting. A participant in the Jencourt Plan who is an active participant in the
Jencourt Plan as of April 2, 2001 and whose account balance is transferred to the Siemens Savings
Plan will be 100% vested in the portion of the participant’s account balance in the Jencourt Plan
that is transferred to the Siemens Savings Plan in the name of the participant. Any participant in
the Jencourt Plan whose account balance is transferred to the Siemens Savings Plan as of April 2,
2001 and who is not an active participant in the Jencourt Plan as of April 2, 2001 will be vested
in that portion of the participant’s account balance in the Jencourt Plan that is transferred in
the name of the Participant to the Siemens Savings Plan in accordance with the vesting provisions
of the Jencourt Plan in effect as of the date of such participant’s termination of employment.



          Any service that was recognized as vesting service under the Jencourt Plan as of April 2, 2001
for the former employees of Jencourt, Inc. will be recognized as Continuous Employment under the
Siemens Savings Plan.




     2. Withdrawals. After assets are transferred from the Jencourt Plan to the Siemens
Savings Plan, members shall be able to withdraw amounts in their matching contribution accounts and
related earnings and amounts in their after-tax contribution accounts made to the Jencourt Plan in
accordance with, and under the terms and conditions of, the provisions of Article X of the Siemens
Savings Plan, as amended from time to time, as applicable to the withdrawal of amounts from the
Employer Contribution Account and After-Tax Contribution Account of the Siemens Savings Plan;
except that, in circumstances where the



 









 




Jencourt Plan would permit a withdrawal and the Siemens Savings Plan would not, the terms and
conditions of the Jencourt Plan, as in effect as of the time immediately prior to such transfer,
shall apply.




          After assets are transferred from the Jencourt Plan to the Siemens Savings Plan, members shall
be able to withdraw amounts in their pre-tax accounts made to these Plans in accordance with the
provisions of Article X of the Siemens Savings Plan, as amended from time to time, as applicable to
the withdrawals of amounts from the Tax-Deferred Contribution Account of the Siemens Savings Plan;
except that, in circumstances where the Jencourt Plan would permit a withdrawal and the Siemens
Savings Plan would not, the terms and conditions of the Jencourt Plan, as in effect as of the time
immediately prior to such transfer, shall apply.




     3. Loans. In determining the vested account balance amount available under Article IX
of the Siemens Savings Plan for loans, the amounts that were in an employee’s account in the
Jencourt Plan which were transferred to the Siemens Savings Plan shall be eligible for a loan, in
accordance with the terms and conditions of the Siemens Savings Plan.




2









 








APPENDIX KK




SPECIAL PROVISIONS RELATING TO THE “LET’S SHARE” PROGRAM



On or about June, 2001, a special one time contribution will be made to the accounts of employees
who meet the eligibility requirements of Section 1 of this Appendix KK. This contribution will be
part of the global program of Siemens AG known as the “Let’s Share” Program. Notwithstanding the
provisions of the Siemens Savings Plan, this contribution will be subject to the special terms and
conditions of this Appendix KK. This contribution shall be allocated as of September 30, 2000,
although no earnings or losses or other adjustments will be credited thereon prior to the date the
account under the “Let’s Share” Program for an “Eligible Employee”, as defined below, is deemed
opened.




     1. Eligibility. An employee of a company set forth on Attachment A to this Appendix
shall be eligible for the “Let’s Share” Program provided both of the following criteria are met:
(a) the employee was employed as an active employee of a company set forth on Attachment A for the
entire period from October 1, 1999 through September 30, 2000, notwithstanding the fact that the
employee’s employment with all companies listed on Attachment A is terminated on or after October
1, 2000, and (b) the employee is eligible to participate in the Siemens Savings Plan as of
September 30, 2000, whether or not such employee actually participates in the Plan as of such date.
Employees who meet the eligibility requirements of this Section 1 shall hereinafter be referred to
as “Eligible Employees”.



     2. Amount of the “Let’s Share” Program Contribution. The amount of the individual
award under the “Let’s Share” Program to each “Eligible Employee” shall be uniform and shall be
determined by the Board of Directors of Siemens Corporation.



     3. Investment of the “Let’s Share” Contribution. The amount of the “Let’s Share”
Program contribution shall be placed in an “Eligible Employee’s” account in the Siemens AG Stock
Fund of the Siemens Savings Plan. This contribution and any earnings thereon must remain in the
Siemens AG Stock Fund for as long as the “Eligible Employee” is employed by an Affiliated Company
and shall not be available for a transfer to any other investment fund of the Siemens Savings Plan,
except that the provision set forth in Section 3 of this Appendix KK shall not apply to an
“Eligible



 









 




Employee” after the “Eligible Employee” transfers without intervening employment to the employ
of an Affiliated Company which is not an Employer and which is not located in the United States.




     4. Vesting. “Eligible Employees” shall be immediately 100% vested in the “Let’s Share”
contribution made on their behalf to the Siemens Savings Plan.



     5. Unavailability of the “Let’s Share” Contribution For Loans and Withdrawals. The
amount of any “Eligible Employee’s” “Let’s Share” Contribution and any earnings thereon shall not
be available under Article IX or X of the Siemens Savings Plan for withdrawals or for loans. Also,
the amount of a “Let’s Share” contribution and any earnings thereon shall not be taken into account
in determining the amount an “Eligible Employee” has available for taking out a loan.



2









 





Attachment A to Appendix KK




Company Eligibility for “Let’s Share” Program In Siemens Savings Plan




	 
	Siemens Airfield Solutions

	 

	Opuswave Networks, Inc.

	 

	SIBAG Finance Corporation

	 

	SIBAG Investments, Inc.

	 

	Siemens Applied Automation, Inc.

	 

	Siemens Automotive Corporation

	 

	Siemens Building Technologies, Inc.

	 

	Siemens Business Services

	 

	Siemens Capital Corporation

	 

	Siemens Corporate Research, Inc.

	 

	Siemens Corporation

	 

	Siemens Diesel Systems Technology, LLC

	 

	Siemens ElectroCom L.P.

	 

	Siemens Energy & Automation, Inc.

	 

	Siemens Financial Services, Inc.

	 

	Siemens Fossil Services, Inc.







3









 






	 
	Siemens Hearing Instruments, Inc.

	 

	Siemens Information and Communication Networks, Inc.

	 

	Siemens Information and Communication Products, LLC

	 

	Siemens Medical Systems, Inc.

	 

	Siemens Power Corporation

	 

	Siemens Power Transmission & Distribution, LLC

	 

	Siemens Procurement & Logistics Services, LLC

	 

	Siemens Real Estate, Inc.

	 

	Siemens Shared Services, LLC

	 

	Siemens Solar Industries L.P.

	 

	Siemens Technology-to-Business Center, LLC

	 

	Siemens Transportation Systems, Inc

	 

	Siemens Westinghouse Power Corporation

	 

	Siemens Westinghouse Technical Services, Inc.

	 

	Telegyr Systems, Inc.







4









 






APPENDIX LL




SPECIAL PROVISIONS FOR EMPLOYEES OF FORMER FRANKENDATA USA, INC.



Upon the transfer of the assets and liabilities, as soon as administratively practicable after
August 1, 2001, with respect to the FrankenData, Inc. 401(k) Profit-Sharing Plan (“FrankenData
Plan”) into the Siemens Savings Plan, the Siemens Savings Plan assumed responsibility for making
payments with respect to the benefits earned by participants in the FrankenData Plan in accordance
with the terms and conditions of the Siemens Savings Plan. However, the following special
provisions shall apply to the participants.




     1. Vesting. A participant in the FrankenData Plan who is an active participant in the
FrankenData Plan as of August 1, 2001 and whose account balance is transferred to the Siemens
Savings Plan will be 100% vested in the portion of the participant’s account balance in the
FrankenData Plan that is transferred to the Siemens Savings Plan in the name of the participant.
Any participant in the FrankenData Plan whose account balance is transferred to the Siemens Savings
Plan as of August 1, 2001 and who is not an active participant in the FrankenData Plan as of August
1, 2001 will be vested in that portion of the participant’s account balance in the FrankenData Plan
that is transferred in the name of the Participant to the Siemens Savings Plan in accordance with
the vesting provisions of the FrankenData Plan in effect as of the date of such participant’s
termination of employment.



          Any service that was recognized as vesting service under the FrankenData Plan as of August 1,
2001 for the former employees of FrankenData, Inc. will be recognized as Continuous Employment
under the Siemens Savings Plan.




     2. Withdrawals. After assets are transferred from the FrankenData Plan to the Siemens
Savings Plan, members shall be able to withdraw amounts in their matching contribution accounts and
related earnings and amounts in their after-tax contribution accounts made to the FrankenData Plan
in accordance with, and under the terms and conditions of, the provisions of Article X of the
Siemens Savings Plan, as amended from time to time, as



 









 




applicable to the withdrawal of amounts from the Employer Contribution Account and After-Tax
Contribution Account of the Siemens Savings Plan; except that, in circumstances where the
FrankenData Plan would permit a withdrawal and the Siemens Savings Plan would not, the terms and
conditions of the FrankenData Plan, as in effect as of the time immediately prior to such transfer,
shall apply.




          After assets are transferred from the FrankenData Plan to the Siemens Savings Plan, members
shall be able to withdraw amounts in their pre-tax accounts made to the FrankenData Plan in
accordance with the provisions of Article X of the Siemens Savings Plan, as amended from time to
time, as applicable to the withdrawals of amounts from the Tax-Deferred Contribution Account of the
Siemens Savings Plan; except that, in circumstances where the FrankenData Plan would permit a
withdrawal and the Siemens Savings Plan would not, the terms and conditions of the FrankenData
Plan, as in effect as of the time immediately prior to such transfer, shall apply.




     3. Loans. In determining the vested account balance amount available under Article IX
of the Siemens Savings Plan for loans, the amounts that were in an employee’s account in the
FrankenData Plan which were transferred to the Siemens Savings Plan shall be eligible for a loan,
in accordance with the terms and conditions of the Siemens Savings Plan.




2









 








APPENDIX MM

TO THE SIEMENS SAVINGS PLAN




SPECIAL PROVISIONS FOR EMPLOYEES OF FORMER CUBE TECHNOLOGY, INC.




Upon
the transfer of the assets and liabilities, effective October 1, 2001, with respect to the

Cube Technology, Inc. Profit Sharing Plan and Trust (“Cube Plan”) into the Siemens Savings Plan,

the Siemens Savings Plan assumed responsibility for making payments with respect to the benefits

earned by participants in the Cube Plan.




     1. Vesting. A participant in the Cube Plan who is an active participant in the Cube
Plan as of October 1, 2001 and whose account balance is transferred to the Siemens Savings Plan
will be 100% vested in the portion of the participant’s account balance in the Cube Plan that is
transferred to the Siemens Savings Plan in the name of the participant. Any participant in the
Cube Plan whose account balance is transferred to the Siemens Savings Plan as of October 1, 2001
and who is not an active participant in the Cube Plan as of October 1, 2001 will be vested in that
portion of the participant’s account balance in the Cube Plan that is transferred in the name of
the Participant to the Siemens Savings Plan in accordance with the vesting provisions of the Cube
Plan in effect as of the date of such participant’s termination of employment.



          Any service that was recognized as vesting service under the Cube Plan as of October 1, 2001
for the former employees of Cube, Inc. will be recognized as Continuous Employment under the
Siemens Savings Plan.




     2. Withdrawals. After assets are transferred from the Cube Plan to the Siemens
Savings Plan, members shall be able to withdraw amounts in their matching contribution accounts and
related earnings and amounts in their after-tax contribution accounts made to the Cube Plan in
accordance with, and under the terms and conditions of, the provisions of Article X of the Siemens
Savings Plan, as amended from time to time, as applicable to the withdrawal of amounts from the
Employer Contribution Account and After-Tax Contribution Account of the Siemens Savings Plan;
except that, in circumstances where the



 









 




Cube Plan would permit a withdrawal and the Siemens Savings Plan would not, the terms and
conditions of the Cube Plan, as in effect as of the time immediately prior to such transfer, shall
apply.




          After assets are transferred from the Cube Plan to the Siemens Savings Plan, members shall be
able to withdraw amounts in their pre-tax accounts made to these Plans in accordance with the
provisions of Article X of the Siemens Savings Plan, as amended from time to time, as applicable to
the withdrawals of amounts from the Tax-Deferred Contribution Account of the Siemens Savings Plan;
except that, in circumstances where the Cube Plan would permit a withdrawal and the Siemens Savings
Plan would not, the terms and conditions of the Cube Plan, as in effect as of the time immediately
prior to such transfer, shall apply.




     3. Loans. In determining the vested account balance amount available under Article IX
of the Siemens Savings Plan for loans, the amounts that were in an employee’s account in the Cube
Plan which were transferred to the Siemens Savings Plan shall be eligible for a loan, in accordance
with the terms and conditions of the Siemens Savings Plan.




2









 








APPENDIX NN

TO THE SIEMENS SAVINGS PLAN




SPECIAL PROVISIONS FOR SALARIED EMPLOYEES OF FORMER MILLTRONICS, INC.




Upon the transfer of the assets and liabilities, effective November 1, 2001, with respect to

the Milltronics, Inc. US Retirement Savings Plan (“Milltronics Plan”) into the Siemens Savings

Plan, the Siemens Savings Plan assumed responsibility for making payments with respect to the

benefits earned by participants in the Milltronics Plan who were salaried

employees.




     1. Vesting. A participant in the Milltronics Plan who is an active participant in the
Milltronics Plan as of November 1, 2001 and whose account balance is transferred to the Siemens
Savings Plan will be 100% vested in the portion of the participant’s account balance in the
Milltronics Plan that is transferred to the Siemens Savings Plan in the name of the participant.
Any participant in the Milltronics Plan whose account balance is transferred to the Siemens Savings
Plan as of November 1, 2001 and who is not an active participant in the Milltronics Plan as of
November 1, 2001 will be vested in that portion of the participant’s account balance in the
Milltronics Plan that is transferred in the name of the Participant to the Siemens Savings Plan in
accordance with the vesting provisions of the Milltronics Plan in effect as of the date of such
participant’s termination of employment.



          Any service that was recognized as vesting service under the Milltronics Plan as of November
1, 2001 for the former employees of Milltronics, Inc. will be recognized as Continuous Employment
under the Siemens Savings Plan.




     2. Withdrawals. After assets are transferred from the Milltronics Plan to the Siemens
Savings Plan, members shall be able to withdraw amounts in their matching contribution accounts and
related earnings and amounts in their after-tax contribution accounts made to the Milltronics Plan
in accordance with, and under the terms and conditions of, the provisions of Article X of the
Siemens Savings Plan, as amended from time to time, as applicable to the withdrawal of amounts from
the Employer Contribution Account and After-Tax Contribution Account of the



 









 




Siemens Savings Plan; except that, in circumstances where the Milltronics Plan would permit a
withdrawal and the Siemens Savings Plan would not, the terms and conditions of the Milltronics
Plan, as in effect as of the time immediately prior to such transfer, shall apply.




          After assets are transferred from the Milltronics Plan to the Siemens Savings Plan, members
shall be able to withdraw amounts in their pre-tax accounts made to these Plans in accordance with
the provisions of Article X of the Siemens Savings Plan, as amended from time to time, as
applicable to the withdrawals of amounts from the Tax-Deferred Contribution Account of the Siemens
Savings Plan; except that, in circumstances where the Milltronics Plan would permit a withdrawal
and the Siemens Savings Plan would not, the terms and conditions of the Milltronics Plan, as in
effect as of the time immediately prior to such transfer, shall apply.




     3. Loans. In determining the vested account balance amount available under Article IX
of the Siemens Savings Plan for loans, the amounts that were in an employee’s account in the
Milltronics Plan which were transferred to the Siemens Savings Plan shall be eligible for a loan,
in accordance with the terms and conditions of the Siemens Savings Plan.




2









 








APPENDIX OO

TO THE SIEMENS SAVINGS PLAN




SPECIAL PROVISIONS FOR EMPLOYEES OF ACUSON CORPORATION OR ECTON, INC.



Effective as of December 31, 2001, the assets and liabilities with respect to the benefits under
the Acuson 401(k) Retirement Savings Plan (“Acuson Plan”) for salaried rated employees of Acuson
Corporation or Ecton, Inc., and for their spouses and beneficiaries, were transferred and merged
into the Siemens Savings Plan, and the Siemens Savings Plan assumed responsibility for making
payments with respect to the benefits earned by such Acuson Corporation or Ecton, Inc. employees in
the Acuson Plan in accordance with the terms and conditions of the Siemens Savings Plan. Also, as
of January 1, 2002, the salaried employees of Acuson Corporation and Ecton, Inc. became eligible to
participate in the Siemens Savings Plan. The following special provisions shall apply to the
participants.




     1. Eligibility. Any individual who was a participant in the Acuson Plan as of
December 31, 2001 or any individual who was eligible to participate in that Plan on December 31,
2001, but chose not to do so, shall be eligible to participate in the Siemens Savings Plan on
January 1, 2002.



     2. Vesting. A participant in the Acuson Plan who is an active participant in the
Acuson Plan as of December 31, 2001 and whose account balance is transferred to the Siemens Savings
Plan will be 100% vested in the portion of the participant’s account balance in the Acuson Plan
that is transferred to the Siemens Savings Plan in the name of the participant. Any participant in
the Acuson Plan whose account balance is transferred to the Siemens Savings Plan as of December 31,
2001 and who is not an active participant in the Acuson Plan as of December 31, 2001 will be vested
in that portion of the participant’s account balance in the Acuson Plan that is transferred in the
name of the participant to the Siemens Savings Plan in accordance with the vesting provisions of
the Acuson Plan in effect as of the date of such participant’s termination of employment.



          Any service that was recognized as vesting service under the Acuson Plan as of December 31,
2001 for the salaried




 









 







employees of Acuson will be recognized as Continuous Employment under the Siemens Savings Plan.




     3. Withdrawals. After assets are transferred from the Acuson Plan to the Siemens
Savings Plan, members shall be able to withdraw amounts in their matching contribution accounts and
amounts in their after-tax contribution accounts made to the Acuson Plan, and related earnings, in
accordance with, and under the terms and conditions of, the provisions of Article X of the Siemens
Savings Plan as applicable to the withdrawal of amounts from the Employer Contribution Account of
the Siemens Savings Plan.



          After assets are transferred from the Acuson Plan to the Siemens Savings Plan, members shall
be able to withdraw amounts made on a tax deferred basis to the Acuson Plan in accordance with the
provisions of Article X of the Siemens Savings Plan, as amended from time to time, as applicable to
the withdrawals of amounts from the Tax-Deferred Contribution Account of the Siemens Savings Plan.




     4. Loans. In determining the vested account balance amount available under Article IX
of the Siemens Savings Plan for loans, the amounts that were in an employee’s account in the Acuson
Plan which were transferred to the Siemens Savings Plan shall be eligible for a loan, in accordance
with the terms and conditions of the Siemens Savings Plan.



     5. Employer Contribution. The applicable Employer Contribution under Section 5.1(a)
of the Siemens Savings Plan shall be an amount equal to 50% of the Member’s Basic Tax-Deferred and
Basic After-Tax Contributions to the Plan.




2









 








APPENDIX PP

TO THE SIEMENS SAVINGS PLAN




SPECIAL PROVISIONS FOR FORMER EMPLOYEES OF SECURITY TECHNOLOGIES GROUP



Effective as of December 31, 2001, the assets and liabilities with respect to the benefits under
the Security Technologies Group, Inc. 401k Retirement Savings (“Security Plan”) for salaried rated
employees of Security Technologies Group, Inc. (“STG”), and for their spouses and beneficiaries,
were transferred and merged into the Siemens Savings Plan, and the Siemens Savings Plan assumed
responsibility for making payments with respect to the benefits earned by such STG employees in the
Security Plan in accordance with the terms and conditions of the Siemens Savings Plan. Also, as of
January 1, 2002, the salaried employees of STG (excluding uniformed officers of Guard Technologies,
Inc.) became eligible to participate in the Siemens Savings Plan. The following special
provisions shall apply to the participants.




     1. Eligibility. Any individual who was a participant in the Security Plan as of
December 31, 2001 or any individual who was eligible to participate in that Plan on December 31,
2001, but chose not to do so, shall be eligible to participate in the Siemens Savings Plan on
January 1, 2002.



     2. Vesting. A participant in the Security Plan who is an active participant in the
Security Plan as of December 31, 2001 and whose account balance is transferred to the Siemens
Savings Plan will be 100% vested in the portion of the participant’s account balance in the
Security Plan that is transferred to the Siemens Savings Plan in the name of the participant. Any
participant in the Security Plan whose account balance is transferred to the Siemens Savings Plan
as of December 31, 2001 and who is not an active participant in the Security Plan as of December
31, 2001 will be vested in that portion of the participant’s account balance in the Security Plan
that is transferred in the name of the participant to the Siemens Savings Plan in accordance with
the vesting provisions of the Security Plan in effect as of the date of such participant’s
termination of employment.



 









 





          Any service that was recognized as vesting service under the Security Plan as of December 31,
2001 for the salaried employees of STG will be recognized as Continuous Employment under the
Siemens Savings Plan.




     3. Withdrawals. After assets are transferred from the Security Plan to the Siemens
Savings Plan, members shall be able to withdraw amounts in their matching contribution accounts and
amounts in their after-tax contribution accounts made to the Security Plan, and related earnings,
in accordance with, and under the terms and conditions of, the provisions of Article X of the
Siemens Savings Plan as applicable to the withdrawal of amounts from the Employer Contribution
Account of the Siemens Savings Plan.



          After assets are transferred from the Security Plan to the Siemens Savings Plan, members shall
be able to withdraw amounts made on a tax deferred basis to the Security Plan in accordance with
the provisions of Article X of the Siemens Savings Plan, as amended from time to time, as
applicable to the withdrawals of amounts from the Tax-Deferred Contribution Account of the Siemens
Savings Plan.




     4. Loans. In determining the vested account balance amount available under Article IX
of the Siemens Savings Plan for loans, the amounts that were in an employee’s account in the
Security Plan which were transferred to the Siemens Savings Plan shall be eligible for a loan, in
accordance with the terms and conditions of the Siemens Savings Plan.



     5. Employer Contribution. The provisions of Section 5.1 (a) of the Siemens Savings
Plan, shall not apply to the salaried employees of the former STG who participate in the Siemens
Savings Plan. The following provisions shall apply with respect to the amount of employer
contributions the employees of the former STG receive under the Plan:




(a) For each Member who makes Basic Tax-Deferred or After-Tax Contributions during
payroll period, the



2









 






Employer will make Employer Contributions to the Plan on behalf of such Member in an
amount equal to 25% of such Member’s Basic Tax-Deferred and Basic After-Tax
Contributions, less any amount of forfeiture then to be applied to reduce such
Employer Contributions pursuant to Article XII.




(b) At the sole discretion of the Employer and based upon the Employer’s current and
accumulated profits, as determined on the September 30th occurring within the Plan
Year, the Employer may make an additional, Discretionary Employer Contribution to
the Member’s accounts in the Plan to be allocated in the same manner as the Employer
Contribution as set forth in the immediately preceding paragraph so that the amount
allocated to the Employer Contribution Account of any Member will be equal to a
percentage of the first 6% of a Member’s Compensation that is contributed to the
Plan for such Plan Year, provided, however, that only Members who are Employees on
the last day of the Plan Year will be eligible to receive a Discretionary Employer
Contribution.




(c) Employer Contributions, including the Discretionary Employer Contributions are
subject to the limitations provided under Section 6.8. In addition, Employer
Contributions, including Discretionary Employer Contributions, are subject to the
nondiscrimination test provided under Section 5.2.




(d) The Employer will contribute Employer Contributions to the Plan at least
monthly, except, however, the Employer will contribute Discretionary Employer
Contributions to the Plan by the time for filing the Employer’s income tax return
for the applicable year including extensions.



3









 





APPENDIX QQ

TO THE SIEMENS SAVINGS PLAN




SPECIAL PROVISIONS FOR EMPLOYEES OF EFFICIENT NETWORKS, INC.



Effective as of December 31, 2001, the assets and liabilities with respect to the benefits under
the Efficient Networks, Inc. 401(k) Plan (“Efficient Plan”) for salaried rated employees of
Efficient Networks, Inc. and for their spouses and beneficiaries, were transferred and merged into
the Siemens Savings Plan, and the Siemens Savings Plan assumed responsibility for making payments
with respect to the benefits earned by such Efficient employees in the Efficient Plan in accordance
with the terms and conditions of the Siemens Savings Plan. Also, as of January 1, 2002, the
salaried employees of Efficient became eligible to participate in the Siemens Savings Plan. The
following special provisions shall apply to the participants.




     1. Eligibility. Any individual who was a participant in the Efficient Plan as of
December 31, 2001 or any individual who was eligible to participate in that Plan on December 31,
2001, but chose not to do so, shall be eligible to participate in the Siemens Savings Plan on
January 1, 2002.



     2. Vesting. A participant in the Efficient Plan who is an active participant in the
Efficient Plan as of December 31, 2001 and whose account balance is transferred to the Siemens
Savings Plan will be 100% vested in the portion of the participant’s account balance in the
Efficient Plan that is transferred to the Siemens Savings Plan in the name of the participant. Any
participant in the Efficient Plan whose account balance is transferred to the Siemens Savings Plan
as of December 31, 2001 and who is not an active participant in the Efficient Plan as of December
31, 2001 will be vested in that portion of the participant’s account balance in the Efficient Plan
that is transferred in the name of the participant to the Siemens Savings Plan in accordance with
the vesting provisions of the Efficient Plan in effect as of the date of such participant’s
termination of employment.



          Any service that was recognized as vesting service under the Efficient Plan as of December 31,
2001 for the




 









 







salaried employees of Efficient will be recognized as Continuous Employment under the Siemens
Savings Plan.




     3. Withdrawals. After assets are transferred from the Efficient Plan to the Siemens
Savings Plan, members shall be able to withdraw amounts in their matching contribution accounts and
amounts in their after-tax contribution accounts made to the Efficient Plan, and related earnings,
in accordance with, and under the terms and conditions of, the provisions of Article X of the
Siemens Savings Plan as applicable to the withdrawal of amounts from the Employer Contribution
Account of the Siemens Savings Plan.



     After assets are transferred from the Efficient Plan to the Siemens Savings Plan, members
shall be able to withdraw amounts made on a tax deferred basis to the Efficient Plan in accordance
with the provisions of Article X of the Siemens Savings Plan, as amended from time to time, as
applicable to the withdrawals of amounts from the Tax-Deferred Contribution Account of the Siemens
Savings Plan.



     4. Loans. In determining the vested account balance amount available under Article IX
of the Siemens Savings Plan for loans, the amounts that were in an employee’s account in the
Efficient Plan which were transferred to the Siemens Savings Plan shall be eligible for a loan, in
accordance with the terms and conditions of the Siemens Savings Plan.



     5. Employer Contribution. The applicable Employer Contribution under Section 5.1(a)
of the Siemens Savings Plan shall be an amount equal to 75% of the Member’s Basic Tax-Deferred and
Basic After-Tax Contributions to the Plan.



2









 





APPENDIX RR

TO THE SIEMENS SAVINGS PLAN




SPECIAL PROVISIONS FOR CERTAIN EMPLOYEES OF SIEMENS VDO AUTOMOTVE



Effective as of December 31, 2001, the assets and liabilities with respect to the benefits under
the VDO Employees Savings Plan (“VDO Plan”) for salaried rated employees of Siemens VDO Automotive
(including those salaried individuals who are still considered eligible to participate as active
employees in benefit plans due to a separation arrangement) at the Cheshire, Connecticut;
Winchester, Virginia; Auburn, Indiana; and Troy, Michigan locations, and for their spouses and
beneficiaries, were transferred and merged into the Siemens Savings Plan, and the Siemens Savings
Plan assumed responsibility for making payments with respect to the benefits earned by such
employees in the VDO Plan in accordance with the terms and conditions of the Siemens Savings Plan.
Also, as of January 1, 2002, these individuals became eligible to participate in the Siemens
Savings Plan. The following special provisions shall apply to these individuals.




     1. Eligibility. Any individual who was a participant in the VDO Plan as of December
31, 2001 or any individual who was eligible to participate in that Plan on December 31, 2001, but
chose not to do so, shall be eligible to participate in the Siemens Savings Plan on January 1,
2002.



     2. Vesting. A participant in the VDO Plan who is an active participant in the VDO
Plan as of December 31, 2001 and whose account balance is transferred to the Siemens Savings Plan
will be 100% vested in the portion of the participant’s account balance in the VDO Plan that is
transferred to the Siemens Savings Plan in the name of the participant. Any participant in the
VDO Plan whose account balance is transferred to the Siemens Savings Plan as of December 31, 2001
and who is not an active



1









 




participant in the VDO Plan as of December 31, 2001 will be vested in that portion of the
participant’s account balance in the VDO Plan that is transferred in the name of the participant to
the Siemens Savings Plan in accordance with the vesting provisions of the VDO Plan in effect as of
the date of such participant’s termination of employment.




          Any service that was recognized as vesting service under the VDO Plan as of December 31, 2001
for the salaried employees of VDO will be recognized as Continuous Employment under the Siemens
Savings Plan.




     3. Withdrawals. After assets are transferred from the VDO Plan to the Siemens Savings
Plan, members shall be able to withdraw amounts in their matching contribution accounts and amounts
in their after-tax contribution accounts made to the VDO Plan, and related earnings, in accordance
with, and under the terms and conditions of, the provisions of Article X of the Siemens Savings
Plan as applicable to the withdrawal of amounts from the Employer Contribution Account of the
Siemens Savings Plan.



          After assets are transferred from the VDO Plan to the Siemens Savings Plan, members shall be
able to withdraw amounts made on a tax deferred basis to the VDO Plan in accordance with the
provisions of Article X of the Siemens Savings Plan, as amended from time to time, as applicable to
the withdrawals of amounts from the Tax-Deferred Contribution Account of the Siemens Savings Plan.




     4. Loans. In determining the vested account balance amount available under Article IX
of the Siemens Savings Plan for loans, the amounts that were in an employee’s account in the VDO
Plan which were transferred to the Siemens Savings Plan shall be eligible for a loan, in accordance
with the terms and conditions of the Siemens Savings Plan.



     5. Employer Contribution. The applicable Employer Contribution under Section 5.1(a)
of the Siemens Savings Plan shall be an amount equal to 75% of the Member’s Basic Tax-Deferred and
Basic After-Tax Contributions to the Plan.



2









 





APPENDIX SS




SPECIAL PROVISIONS FOR FOR EMPLOYEES OF OPTISPHERE



Notwithstanding any provisions of the Siemens Savings Plan to the contrary, employees of Siemens
Information and Communication Networks Inc. (“ICN”) who are actively employed with ICN on January
1, 2002, and who were actively employed with Optisphere Networks, Inc. (“ONI”) on December 31, 2001
(such employees hereinafter referred to as “Former ONI Employees”) shall be subject to the
following special provision set forth in this Appendix.



Pursuant to this provision, if the Former ONI Employee contributed to the Siemens Savings Plan
during the period of time he or she was an ONI employee, such Former ONI Employee shall receive a
special one time Company contribution on or about March 1, 2002 equal to the additional matching
contribution they would have received in the Siemens Savings Plan during the period they were ONI
employees as if they had in fact been employed by ICN.




 









 








APPENDIX TT




SPECIAL PROVISIONS FOR NON UNION EMPLOYEES OF SIEMENS DEMAG DELAVAL TURBOMACHINERY INC.



Effective as of December 31, 2002, the assets and liabilities with respect to the benefits under
the Demag Delaval Turbomachinery Corp. 401(k) Savings Plan (“Demag Plan”) for current and former
non union employees of Siemens Demag Delaval Turbomachinery Inc. (“Demag”), and for their spouses
and beneficiaries, were transferred and merged into the Siemens Savings Plan, and the Siemens
Savings Plan assumed responsibility for making payments with respect to the benefits earned by such
employees in the Demag Plan in accordance with the terms and conditions of the Siemens Savings
Plan. Also, as of January 1, 2003, current non-union employees of Demag became eligible to
participate in the Siemens Savings Plan. The following special provisions shall apply to these
individuals.







     1. Eligibility. Any individual who was a participant in the Demag Plan as of December
31, 2002 or any individual who was eligible to participate in that Plan on December 31, 2002, but
chose not to do so, shall be eligible to participate in the Siemens Savings Plan on January 1,
2003.



     2. Vesting. A participant in the Demag Plan who is an active participant in the Demag
Plan as of the date the assets and liabilities in the Demag Plan for the non union employees of
Demag are actually transferred to the Siemens Savings Plan and whose account balance is transferred
to the Siemens Savings Plan will be 100% vested in the portion of the participant’s account balance
in the Demag Plan that is transferred to the Siemens Savings Plan in the name of the participant.
Any participant in the Demag Plan whose account balance is transferred to the Siemens Savings Plan
and who is not an active participant in the Demag Plan as of the date the assets and liabilities in
the Demag Plan for non union employees of Demag are actually transferred to the Siemens Savings
Plan will be vested in that portion of the participant’s account balance in the Demag Plan that is
transferred in the name of the participant to the



 









 




Siemens Savings Plan in accordance with the
vesting provisions of the Demag Plan in effect as of the date of such participant’s termination of
employment.




          Any service that was recognized as vesting service under the Demag Plan,with respect to those
non union employees in the Demag Plan for whom assets and liabilities for non union employees in
the Demag Plan are actually transferred to the Siemens Savings Plan, as of the date of such
transfer, will be recognized as Continuous Employment under the Siemens Savings Plan.




     3. Withdrawals. After assets are transferred from the Demag Plan to the Siemens
Savings Plan, members shall be able to withdraw amounts in their matching contribution accounts and
amounts in their after-tax contribution accounts made to the Demag Plan, and related earnings, in
accordance with, and under the terms and conditions of, the provisions of Article X of the Siemens
Savings Plan as applicable to the withdrawal of amounts from the Employer Contribution Account of
the Siemens Savings Plan; except that, in circumstances where the Demag Plan would permit a withdrawal and the Siemens
Plan would not, the terms and conditions of the Demag Plan, as in effect as of the time immediately
prior to such transfer, shall apply.



     After assets are transferred from the Demag Plan to the Siemens Savings Plan, members shall be
able to withdraw amounts made on a tax deferred basis to the Demag Plan in accordance with the
provisions of Article X of the Siemens Savings Plan, as amended from time to time, as applicable to
the withdrawals of amounts from the Tax-Deferred Contribution Account of the Siemens Savings Plan;
except that, in circumstances where the Demag Plan would permit a withdrawal and the Siemens Plan
would not, the terms and conditions of the Demag Plan, as in effect as of the time immediately
prior to such transfer, shall apply.



     4. Loans. In determining the vested account balance amount available under Article IX
of the Siemens Savings Plan for loans, the amounts that were in an employee’s account in the Demag
Plan which were transferred to the Siemens Savings Plan shall be eligible for a loan, in accordance
with the terms and conditions of the Siemens Savings Plan.



     5. Employer Contribution. The applicable Employer Contribution under Section 5.1(a)
of the Siemens Savings Plan



2









 




shall be an amount equal to 50% of the Member’s Basic Tax Deferred
Contributions and Basic After Tax Contributions made to the Plan by or on behalf of such Member.




	 	 	 	 	 
	 

	 	/s/
Roland Orchard	 	 
	 

	 	Roland Orchard
	 	 
	 

	 	Vice President	 	 
	 

	 	Corporate Human Resources	 	 
	 

	 	Siemens Corporation	 	 






3









 






APPENDIX UU




MERGER OF THE SIEMENS SAVINGS PLAN FOR HOURLY EMPLOYEES INTO THE SIEMENS SAVINGS PLAN



Effective as of December 31, 2002, the Siemens Savings Plan for Hourly Employees is merged with and
into, and its assets and liabilities are transferred to the Siemens Savings Plan, and the Siemens
Savings Plan assumed responsibility for making payments with respect to the benefits earned by
Members under the Siemens Savings Plan for Hourly Employees.



After the merger, the benefits payable from the Siemens Savings Plan with respect to the benefits
accrued by any Member under the Siemens Savings Plan For Hourly Employees or owed to any spouse or
beneficiary of a Member under the Siemens Savings Plan for Hourly Employees shall be equal to the
benefits such Member or spouse or beneficiary would have been entitled to receive under the Siemens
Savings Plan for Hourly Employees immediately before the merger.



Effective January 1, 2003, no further contributions to the Siemens Savings Plan for Hourly
Employees by an Employee or an Employer (as those terms are defined under the Siemens Savings Plan
for Hourly Employees) shall be permitted.



Effective January 1, 2003, the first sentence of the definition of “Employee” under Section 2.1(n)
of Article II of the Siemens Savings Plan is amended by adding the words “or non union hourly”
after the word “salary”.



Effective January 1, 2003, the first sentence of the definition of Compensation under Section
2.1(h) of Article II of the Siemens Savings Plan is amended by adding the words “shift
differential” after the words “overtime payments”.



Other Provisions Related to the Participation of Non Union Hourly Employees in the Siemens
Savings Plan.



1. Special definition of “Compensation” applicable to Certain Non Union Hourly Employees
Participants in the Siemens Savings Plan:




 









 









     OSRAM Sylvania Products, Inc.



     Effective
January 1, 2003, the first sentence of the definition of
“Compensation” as set forth
in Section 2.1(h) of Article II of the Siemens Savings Plan, as applicable to non union hourly
employees of OSRAM Sylvania Products, Inc., is replaced with the following language:



     “‘Compensation’” for a Member who is an Employee of OSRAM Sylvania Products, Inc. or its wholly
owned subsidiaries means the regular base compensation including sales commissions, sales bonuses,
production incentive payments, and foreign service premiums received by the Member from OSRAM or
its wholly owned subsidiary during such periods as he is eligible to participate in the Plan,
exclusive of other commissions, management incentives, other incentive payments, awards,
profit-sharing, stock received pursuant to employee stock option plans or other stock purchase
plans, bonuses, overtime, shift or other premiums, supplemental vacation benefits, moving expense
reimbursements, or any other special fees or allowances paid to such Member during the Plan Year;
provided, however, any amount that would qualify as Compensation but for the Member’s agreement to
reduce Compensation pursuant to Section 4.2, any Compensation reductions made pursuant to a plan
qualifying under Section 125 of the Internal Revenue Code (but not including Flex Credits under any
Flexible Benefit Program), and any Compensation deferral reduction for qualified transportation
benefits under Section 132(f)(4) of the Internal Revenue Code shall be treated as Compensation for
purposes of the Plan; but provided, however, contributions (other than Tax-Deferred Contributions)
to and payments from any plan of deferred compensation (including, but not limited to, this Plan,
the Siemens Pension Plan, the OSRAM Sylvania Pension Plans, the Siemens Pension Preservation Plan,
the Siemens Deferred Savings Plan and the Siemens Corporation Deferred Savings Plan, and any
deferred compensation plan of OSRAM), premiums paid for group insurance coverages, welfare
benefits, car and expense allowances and similar payments, and severance payments and accrued but
unused vacation pay shall not be included.”



2. Company Contributions




     Effective January 1, 2003, the level of Employer Contributions for hourly rated Employees who
participate in the
Siemens Savings Plan shall be equal to the percentage of



2









 




Basic Tax-Deferred and Basic After-Tax
Contributions made by the Employee, as applicable to the Employee’s Employer, as set forth in Annex
A to the Siemens Savings Plan, except for the following:





	 	•	 	Hourly Employees at the Gainesville, Georgia facility of Siemens VDO Automotive
Corporation shall be eligible to receive an Employer Contribution equal to 50% of their
Basic Tax-Deferred and Basic After-Tax Contributions.
	 
	 	•	 	Hourly Employees at Siemens Energy & Automation, Inc.’s Canton, Georgia;
Columbus, Ohio; Georgia 400; Mundelein, Illinois; Raleigh, North Carolina and
Spartanburg, South Carolina; Miami, Florida and Eagle Traffic facilities — 50% match up
to 3% of Compensation; plus a Basic Company Contribution equal to 1.5% of the
Employee’s Compensation, regardless of whether the Employee contributes to the Plan.
	 
	 	•	 	Hourly Employees at Siemens Energy & Automation, Inc. El Paso, Texas
facility — no match; basic company contribution equal to 1.5% of the Employee’s
Compensation, regardless of whether the Employee contributes to the Plan.
	 
	 	•	 	Except as otherwise indicated in this Appendix UU, the terms and
conditions applicable to Employer Contributions will apply to Basic Company
Contributions.




3.     Withdrawal of Basic After Tax Contributions or Employer  Contributions




     The withdrawal by a Member of his or her After Tax Contributions or either his or her Basic
Company Contributions or his or her Employer Matching Contributions shall be subject to the
provisions of Section 10.1 of the Siemens Savings Plan, provided, however, that the withdrawal of
any of these amounts shall not result in the three month suspension of the Member’s Basic Company
Contributions, but will result in the three month suspension of the Member’s Employer Matching
Contributions under the terms and conditions set forth in Section 10.1.



3









 





4. Other Terms and Conditions




     Except for the provisions which set forth the level of employer contributions, effective
January 1, 2003, the terms and conditions set forth in the various appendices to the Siemens
Savings Plan as applicable to employees of certain companies which participate in the Siemens
Savings Plan shall likewise apply to any non union hourly employees of the same Company to which
each such appendix applied.



	 	 	 	 	 	 	 
	November 11, 2002

	 	 
	 	/s/
Roland Orchard
	 	 
	 

	 	 	 	 	 	 
	 

	 	 	 	Roland Orchard	 	 
	 

	 	 	 	Vice President	 	 
	 

	 	 	 	Corporate Human Resources	 	 
	 

	 	 	 	Siemens Corporation	 	 






4









 






APPENDIX VV




TO THE SIEMENS SAVINGS PLAN (“PLAN”)




EGTRRA PLAN AMENDMENTS




PREAMBLE




     1. Adoption and effective date of amendments. The amendments to the Plan set forth in this
Appendix VV are adopted to reflect certain provisions of the Economic Growth and Tax Relief
Reconciliation Act of 2001 (“EGTRRA”). These amendments are intended as good faith compliance with
the requirements of EGTRRA and are to be construed in accordance with EGTRRA and guidance issued
thereunder. Except as otherwise provided, these amendments shall be effective as of the first day
of the first Plan Year beginning after December 31, 2001.



     2. Supersession of inconsistent provisions. These amendments shall supersede the provisions
of the Plan to the extent those provisions are inconsistent with the provisions of these
amendments.



SECTION 1 LIMITATIONS ON CONTRIBUTIONS




          1.1 Effective date. This section shall be effective for limitation years beginning after December
31, 2001.




          1.2 Maximum annual addition. Except to the extent permitted under Section 9 of this Appendix VV
and Section 414(v) of the Internal Revenue Code, if applicable, and notwithstanding the provisions
of Section 6.8 (b) of the Plan, the annual addition that may be contributed or allocated to a
Member’s account under the Plan for any limitation year shall not exceed the lesser of:





	 	(a)	 	$40,000, as adjusted for increases in the
cost-of-living under Section 415(d) of the Internal Revenue Code, or
	 
	 	(b)	 	100 percent of the Member’s compensation, within
the meaning of Section 415(c)(3) of the Internal Revenue Code, for the
limitation year.





          The compensation limit referred to in (b) shall not apply to any contribution for medical benefits
after separation from service (within the meaning of Section 401(h) or Section 419A(f)(2) of the
Internal Revenue Code) which is otherwise treated as an annual addition.




 









 








          SECTION 2 INCREASE IN COMPENSATION LIMIT




          The annual compensation of each Member taken into account in determining allocations for any Plan
Year beginning after December 31, 2001, shall not exceed $200,000, as adjusted for cost-of-living
increases in accordance with Section 401(a)(17)(B) of the Internal Revenue Code. Annual
compensation means compensation during the Plan Year or such other consecutive 12-month period over
which compensation is otherwise
determined under the Plan (the determination period). The cost-of-living adjustment in effect for
a calendar year applies to annual compensation for the determination period that begins with or
within such calendar year.




          SECTION 3 MODIFICATION OF TOP-HEAVY RULES




          3.1 Effective date. This section shall apply for purposes of determining whether the Plan is a
top-heavy plan under Section 416(g) of the Internal Revenue Code for Plan Years beginning after
December 31, 2001, and whether the Plan satisfies the minimum benefits requirements of Section
416(c) of the Internal Revenue Code for such years. This section amends Article XVIII of the Plan.




          3.2 Determination of top-heavy status.




          3.2.1 Key employee. Key employee means any employee or former employee (including any deceased
employee) who at any time during the Plan Year that includes the determination date was an officer
of the employer having annual compensation greater than $130,000 (as adjusted under Section
416(i)(1) of the Internal Revenue Code for Plan Years beginning after December 31, 2002), a
5-percent owner of the employer, or a 1-percent owner of the employer having annual compensation of
more than $150,000. For this purpose, annual compensation means compensation within the meaning of
Section 415(c)(3) of the Internal Revenue Code. The determination of who is a key employee will be
made in accordance with Section 416(i)(1) of the Internal Revenue Code and the applicable
regulations and other guidance of general applicability issued thereunder.




          3.2.2 Determination of present values and amounts. This Section 3.2.2 shall apply for purposes of
determining the present values of accrued benefits and the amounts of account balances of employees
as of the determination date.




          3.2.2.1 Distributions during year ending on the determination date. The present values of accrued
benefits and the amounts of account balances of an employee as of the
deter-




-2-









 







mination date shall be
increased by the distributions made
with respect to the employee under the Plan and any plan aggregated with the Plan under Section
416(g)(2) of the Internal Revenue Code during the 1-year period ending on the determination date.
The preceding sentence shall also apply to distributions under a terminated plan which, had it not
been terminated, would have been aggregated with the Plan under Section 416(g)(2)(A)(i) of the
Internal Revenue Code. In the case of a distribution made for a reason other than separation from
service, death or disability, this provision shall be applied by substituting “5-year period” for
“1-year period.”




          3.2.2.2 Employees not performing services during year ending on the determination date. The
accrued benefits and accounts of any individual who has not performed services for the employer
during the 1-year period ending on the determination date shall not be taken into account.




          3.3 Minimum benefits.




          3.3.1 Matching contributions. Employer matching contributions shall be taken into account for
purposes of satisfying the minimum contribution requirements of Section 416(c)(2) of the Internal
Revenue Code and the Plan. The preceding sentence shall apply with respect to matching
contributions under the Plan or, if the Plan provides that the minimum contribution requirement
shall be met in another plan, such other plan. Employer matching contributions that are used to
satisfy the minimum contribution requirements shall be treated as matching contributions for
purposes of the actual contribution percentage test and other requirements of Section 401(m) of the
Internal Revenue Code.




          SECTION 4. VESTING OF EMPLOYER MATCHING CONTRIBUTIONS




          4.1 Applicability. This section shall apply to Members with accrued benefits derived from employer
matching contributions.




          4.2 Vesting Schedule. The vesting schedule set forth in Section 8.2 shall apply.




          SECTION 5. DIRECT ROLLOVERS OF PLAN DISTRIBUTIONS




          5.1 Effective date. This section shall apply to distributions made after December 31, 2001.




          5.2 Modification of definition of eligible retirement plan. For purposes of the direct rollover
provisions in




-3-









 







Section 11.9 of the Plan, an eligible retirement plan shall also mean an annuity
contract described in Section 403(b) of the Internal Revenue Code and an eligible plan under
Section 457(b) of the Internal Revenue Code which is maintained by a state, political subdivision
of a state, or any agency or instrumentality of a state or political subdivision of a state and
which agrees to separately account for amounts transferred into such plan from this Plan. The
definition of eligible retirement plan shall also apply in the case of a distribution to a
surviving spouse, or to a spouse or former spouse who is the alternate payee under a qualified
domestic relations order, as defined in Section 414(p) of the Internal Revenue Code.




          5.3 Modification of definition of eligible rollover distribution to exclude hardship distributions.
For purposes of the direct rollover provisions in Section 11.9 of the Plan, any amount that is
distributed on account of hardship shall not be an eligible rollover distribution and the
distributee may not elect to have any portion of such a distribution paid directly to an eligible
retirement plan.




          5.4 Modification of definition of eligible rollover distribution to include after-tax employee
contributions. For purposes of the direct rollover provisions in Section 11.9 of the Plan, a
portion of a distribution shall not fail to be an eligible rollover distribution merely because the
portion consists of after-tax employee contributions which are not includible in gross income.
However, such portion may be transferred only to an individual retirement account or annuity
described in Section 408(a) or (b) of the Internal Revenue Code, or to a qualified defined
contribution plan described in Section 401(a) or 403(a) of the Internal Revenue Code that agrees to
separately account for amounts so transferred, including separately accounting for the portion of
such distribution which is includible in gross income and the portion of such distribution which is not so includible.




          SECTION 6 ROLLOVERS FROM OTHER PLANS




          The Plan will accept Member rollover contributions and/or direct rollovers of distributions
made after December 31, 2001, from the types of plans listed below.




          Direct Rollovers:




          The Plan will accept a direct rollover of an eligible rollover distribution from any of the
following types of plans:




-4-









 









	 	(i)	 	a qualified plan described in Section 401(a) or 403(a) of the
Internal Revenue Code, including after-tax employee contributions;
	 
	 	(ii)	 	an annuity contract described in Section 403(b) of the Internal
Revenue Code, excluding after-tax employee contributions; or
	 
	 	(iii)	 	an eligible plan under Section 457(b) of the Internal Revenue Code
which is maintained by a state, political subdivision of a state, or any agency or
instrumentality of a state or political subdivision of a state.





          Member Rollover Contributions from Other Plans:




          The Plan will accept a Member contribution of an eligible rollover distribution from any of
the following types of plans:





	 	(i)	 	a qualified plan described in Section 401(a) or 403(a)
of the Internal Revenue Code;
	 
	 	(ii)	 	an annuity contract described in Section 403(b) of the
Internal Revenue Code; or
	 
	 	(iii)	 	an eligible plan under Section 457(b) of the Internal
Revenue Code which is maintained by a state, political subdivision of a
state, or any agency or instrumentality of a state or political subdivision
of a state.





          Member Rollover Contributions from IRAs:




          The Plan will accept a Member’s rollover contribution of the portion of a distribution from an
individual retirement account or annuity described in Section 408(a) or 408(b) of the Internal
Revenue Code that is eligible to be rolled over and would otherwise be includible in gross income.




          SECTION 7 REPEAL OF MULTIPLE USE TEST




          The multiple use test described in Treasury Regulation Section 1.401(m)-2 and Section 5.2(b)
of the Plan shall not apply for Plan Years beginning after December 31, 2001.




-5-









 








          SECTION 8 ELECTIVE DEFERRALS — CONTRIBUTION LIMITATION




          No Member shall be permitted to have Tax-Deferred Contributions made under this Plan, or any other
qualified plan maintained by the employer during any taxable year, in excess of the dollar
limitation contained in Section 402(g) of the Internal Revenue Code in effect for such taxable
year, except to the extent permitted under Section 9 of this Appendix and Section 414(v) of the
Internal Revenue Code, if applicable.




          SECTION 9 CATCH-UP CONTRIBUTIONS




          All employees who are eligible to make Tax-Deferred Contributions under this Plan and who have
attained age 50 before the close of the Plan Year shall be eligible to make catch-up contributions
in accordance with, and subject to the limitations of, Section 414(v) of the Internal Revenue Code.
Such catch-up contributions shall not be taken into account for purposes of the provisions of the
Plan implementing the required limitations of Sections 402(g) and 415 of the Internal Revenue Code.
The Plan shall not be treated as failing to satisfy the provisions of the Plan implementing the
requirements of Section 401(k)(3), 401(k)(11), 401(k)(12), 410(b), or 416 of the Internal Revenue
Code, as applicable, by reason of the making of such catch-up contributions. In no event shall any
catch up
contributions made by a Member to the Plan (including, but not limited to, any such catch up
contributions that may have initially been made to the Plan as catch up contributions and which
subsequently may be treated by the Plan as Tax-Deferred Contributions under Article IV of the Plan)
be eligible for any Employer Contribution under Article V of the Plan. This Section 9 shall apply
to contributions after December 31, 2002.




          SECTION 10 DISTRIBUTION UPON SEVERANCE FROM EMPLOYMENT




          10.1 Effective date. This section shall apply for distributions after December 31, 2001 regardless
of when the severance from employment occurred.




          10.2 New distributable event. A Member’s Tax Deferred Contributions, qualified nonelective
contributions, if any, qualified matching contributions, and earnings attributable to these
contributions shall be distributed on account of the Member’s severance from employment. However,
such a distribution shall be subject to the other provisions of the Plan regarding distributions,
other than provisions that require a separation from service before such amounts may be
distributed,




-6-









 







and shall be subject to the provisions of any agreement that provides for a mandatory
transfer of a Member’s Accounts in the Plan’s trust to the trust of another qualified plan.




	 	 	 	 	 
	 

	 	/s/ Roland Orchard
	 	 
	 

	 	 	 	 
	 

	 	Roland Orchard
	 	 
	 

	 	Vice President	 	 
	 

	 	Corporate Human Resources	 	 
	December
5, 2002

	 	Siemens Corporation	 	 






-7-









 






APPENDIX WW



TO THE SIEMENS SAVINGS PLAN

SPECIAL PROVISIONS FOR
FORMER PARTICIPANTS IN THE CASTLE NETWORKS INC. 401(k)
RETIREMENT PLAN



Upon the transfer of the assets and liabilities, effective December 31, 2002, with respect to the
Castle Networks Inc. 401 (k) Retirement Plan(“Castle Networks Plan”) into the Siemens Savings Plan,
the Siemens Savings Plan assumed responsibility for making payments with respect to the benefits
earned by participants in the Castle Networks Plan in accordance with the terms and conditions of
the Siemens Savings Plan. However, the following special provisions shall apply to these
participants.




     1. Vesting. A participant in the Castle Networks Plan will be 100% vested in the his
or her account balance in the Castle Networks Plan that is transferred to the Siemens Savings Plan
in the name of the participant.



          Any service which a participant in the Castle Networks Plan, for whom assets and liabilities
in the Castle Networks Plan are actually transferred to the Siemens Savings Plan, has with Castle
Networks, Inc. or with Unisphere Networks, Inc. of the date of such transfer will be recognized as
Continuous Employment under the Siemens Savings Plan.



     2. Withdrawals. After assets are transferred from the Castle Networks Plan to the
Siemens Savings Plan, members shall be able to withdraw amounts, if any, that are after-tax
contribution made to the Castle Networks Plan and any related earnings in accordance with, and
under the terms and conditions of, the provisions of Article X of the Siemens Savings Plan, as
amended from time to time, as applicable to the withdrawal of amounts from the After-Tax
Contribution Account of the Siemens Savings Plan; except that, in circumstances where the Castle
Networks Plan would permit a withdrawal and the Siemens Savings Plan would not, the terms and
conditions of the Castle Networks Plan, as in effect as of the time immediately prior to such
transfer, shall apply.



          After assets are transferred from the Castle Networks Plan to the Siemens Savings Plan,
members shall be




 









 







able to withdraw amounts in their pre-tax accounts made to the Plan in
accordance with the provisions of Article X of the Siemens Savings Plan, as amended from time to
time, as applicable to the withdrawals of amounts from the Tax-Deferred Contribution Account of the
Siemens Savings Plan; except that, in circumstances where the Castle Networks Plan would permit a
withdrawal and the Siemens Savings Plan would not, the terms and conditions of the Castle Networks
Plan, as in effect as of the time immediately prior to such transfer, shall apply.




     3. Loans. In determining the vested account balance amount available under Article IX
of the Siemens Savings Plan for loans, the amounts that were in an employee’s account in the Castle
Networks Plan which were transferred to the Siemens Savings Plan shall be eligible for a loan, in
accordance with the terms and conditions of the Siemens Savings Plan.



	 	 	 	 	 
	 

	 	/s/ Roland Orchard
	 	 
	 

	 	 	 	 
	 

	 	Roland Orchard
	 	 
	 

	 	Vice President	 	 
	 

	 	Corporate Human Resources	 	 
	December
5, 2002

	 	Siemens Corporation	 	 







2









 






APPENDIX XX




TO THE SIEMENS SAVINGS PLAN

SPECIAL PROVISIONS FOR

FORMER PARTICIPANTS IN THE COMPEX USA INC. 401(k) PLAN



Upon the transfer of the assets and liabilities, effective December 31, 2002, with respect to the
COMPEX USA Inc. 401 (k) Retirement Plan (“COMPEX Plan”) into the Siemens Savings Plan, the Siemens
Savings Plan assumed responsibility for making payments with respect to the benefits earned by
participants in the COMPEX Plan in accordance with the terms and conditions of the Siemens Savings
Plan. However, the following special provisions shall apply to these participants.




     1. Vesting. A participant in the COMPEX Plan will be 100% vested in the his or her
account balance in the COMPEX Plan that is transferred to the Siemens Savings Plan in the name of
the participant.



         Any service which a participant in the COMPEX Plan, for whom assets and liabilities in the
COMPEX Plan are actually transferred to the Siemens Savings Plan, has with COMPEX USA, Inc. as of
the date of such transfer will be recognized as Continuous Employment under the Siemens Savings
Plan.



     2. Withdrawals. After assets are transferred from the COMPEX Plan to the Siemens
Savings Plan, members shall be able to withdraw amounts, if any, that are after-tax contribution
made to the COMPEX Plan and any related earnings in accordance with, and under the terms and
conditions of, the provisions of Article X of the Siemens Savings Plan, as amended from time to
time, as applicable to the withdrawal of amounts from the After-Tax Contribution Account of the
Siemens Savings Plan; except that, in circumstances where the COMPEX Plan would permit a withdrawal
and the Siemens Savings Plan would not, the terms and conditions of the COMPEX Plan, as in effect
as of the time immediately prior to such transfer, shall apply.



          After assets are transferred from the COMPEX Plan to the Siemens Savings Plan, members shall
be able to withdraw amounts in their pre-tax accounts made to this Plan in accordance with the
provisions of Article X of the Siemens Savings Plan, as amended from time to time, as applicable to




 









 







the withdrawals of amounts from the Tax-Deferred Contribution Account of the Siemens Savings Plan;
except that, in circumstances where the COMPEX Plan would permit a withdrawal and the Siemens
Savings Plan would not, the
terms and conditions of the COMPEX Plan, as in effect as of the time immediately prior to such
transfer, shall apply.




     3. Loans. In determining the vested account balance amount available under Article IX
of the Siemens Savings Plan for loans, the amounts that were in an employee’s account in the COMPEX
Plan which were transferred to the Siemens Savings Plan shall be eligible for a loan, in accordance
with the terms and conditions of the Siemens Savings Plan.



	 	 	 	 	 
	 

	 	/s/ Roland Orchard	 	 
	 

	 	 

Roland Orchard
	 	 
	 

	 	Vice President	 	 
	 

	 	Corporate Human Resources	 	 
	December
5, 2002

	 	Siemens Corporation	 	 






2









 






APPENDIX YY TO THE SIEMENS SAVINGS PLAN-MERGER OF THE

SIEMENS POWER CORP. SAVINGS AND RETIREMENT PLAN FOR

UAW/IBEW REPRESENTED EMPLOYEES INTO THE SIEMENS SAVINGS

PLAN




     Effective December 31, 2002, the Siemens Power Corp. Savings and Retirement
Plan for UAW/IBEW Represented Employees (“IBEW/UAW Savings Plan”) is merged into,
and its assets and liabilities are transferred to the Siemens Savings Plan.



     After the merger, the benefits payable from the Siemens Savings Plan with
respect to benefits accrued by any participant under the UAW/IBEW Savings Plan shall
be equal to the benefits a participant would have been entitled to receive under the
UAW/IBEW Savings Plan immediately before the merger. Such participant’s benefits
will be paid in accordance with the terms and conditions of the UAW/IBEW Savings
Plan that applied to the participant on December 31, 2002.



	 	 	 	 	 
	 

	 	/s/ Roland Orchard

	 	 
	 

	 	Roland Orchard	 	 
	 

	 	Vice President	 	 
	 

	 	Corporate Human Resources	 	 
	December
5, 2002

	 	Siemens Corporation	 	 






 









 






Amended November 24, 2003




APPENDIX ZZ




TO
THE SIEMENS SAVINGS PLAN

SPECIAL PROVISIONS FOR

FORMER PARTICIPANTS IN THE GARDNER TRANSPORTATION SYSTEMS

 BUSINESS UNIT 401(k) PLAN



Upon the transfer of the assets and liabilities, effective December 31, 2002, with respect to the
Gardner Transportation Systems Business Unit 401(k) Plan (“Gardner Plan”) into the Siemens Savings
Plan, the Siemens Savings Plan assumed responsibility for making payments with respect to the
benefits earned by participants in the Gardner Plan in accordance with the terms and conditions of
the Siemens Savings Plan. However, the following special provisions shall apply to these
participants.




     1. Vesting. A participant in the Gardner Plan will be 100% vested in the his or her
account balance in the Gardner Plan that is transferred to the Siemens Savings Plan in the name of
the participant.



          Any service a participant has with Gardner Transportation Systems Business Unit 401(k) Plan
will be recognized as Continuous Employment under the Siemens Savings Plan.




     2. Withdrawals. After assets are transferred from the Gardner Plan to the Siemens
Savings Plan, members shall be able to withdraw amounts, if any, that are after-tax contribution
made to the Gardner Plan and any related earnings in accordance with, and under the terms and
conditions of, the provisions of Article X of the Siemens Savings Plan, as amended from time to
time, as applicable to the withdrawal of amounts from the After-Tax Contribution Account of the
Siemens Savings Plan; except that, in circumstances where the Gardner Plan would permit a
withdrawal and the Siemens Savings Plan would not, the terms and conditions of the Gardner Plan, as
in effect as of the time immediately prior to such transfer, shall apply.



          After assets are transferred from the Gardner Plan to the Siemens Savings Plan, members shall
be able to withdraw amounts in their pre-tax accounts made to this Plan in accordance with the
provisions of Article X of the Siemens Savings Plan, as amended from time to time, as applicable to
the
withdrawals of amounts from the Tax-Deferred Contribution Account of the Siemens Savings Plan;
except that, in




 









 







circumstances where the Gardner Plan would permit a withdrawal and the Siemens
Savings Plan would not, the terms and conditions of the Gardner Plan, as in effect as of the time
immediately prior to such transfer, shall apply.




     3. Loans. In determining the vested account balance amount available under Article IX
of the Siemens Savings Plan for loans, the amounts that were in an employee’s account in the
Gardner Plan which were transferred to the Siemens Savings Plan shall be eligible for a loan, in
accordance with the terms and conditions of the Siemens Savings Plan.



     4. Employer Contributions. Notwithstanding the provisions of Article V of the Plan, up
through December 31, 2003, no Member who was an employee of Gardner Transportation Systems as of
December 31, 2002 shall be eligible for any employer matching contribution or any employer basic
contribution.  



          Beginning January 1, 2004, former employees of Gardner Transportation Systems, who are
employees of the Siemens Energy & Automation, Inc.’s Intelligent Transportation Systems Business
Unit, shall be eligible for the following contributions by Siemens Energy & Automation, Inc. to the
Siemens Savings Plan: (i) a basic contribution by Siemens Energy & Automation, Inc. equal to 11/2% of
the amount paid to the employee by Siemens Energy & Automation, Inc. for personal services as
reported on the employee’s Federal Income Tax Withholding Statement (Form W-2) together with any
amounts contributed by the employee to the Siemens Savings Plan as Tax Deferred Contributions and
(ii) a matching contribution equal to 50% of the employee’s contributions to the Siemens Savings
Plan up to 3% of the employee’s compensation.




	 	 	 	 	 
	Date: November 24, 2003
	 	/s/
Roland Orchard	 	 
	 

	 	 

Roland Orchard
	 	 
	 

	 	Vice President	 	 
	 

	 	Corporate Human Resources	 	 
	 

	 	Siemens Corporation	 	 






2









 





APPENDIX AAA

TO THE SIEMENS SAVINGS PLAN




SPECIAL
PROVISIONS FOR

FORMER
PARTICIPANTS OF BASF CORPORATION WHO ARE REHIRED BY

SIEMENS BUSINESS SERVICES
CORPORATION



Employees of BASF Corporation whose employment with BASF is terminated on March 12, 2003 and who
are immediately hired by Siemens Business Services Inc. on such date pursuant to the provisions of
the Help Desk and Desktop Master Services Agreement by and between BASF Corporation and Siemens
Business Services, Inc., dated February 7, 2003, (“Former BASF Employees”) shall be eligible to
participate in the Siemens Savings Plan beginning on March 12, 2003. These Former BASF Employees
shall participate in the Siemens Savings Plan in accordance with the terms and conditions of the
Siemens Savings Plan as applicable to employees of Siemens Business Services Inc., except that
solely for purposes of vesting under the Plan, the years of service which such employees had with
BASF Corporation that were counted as vesting service under the BASF 401(k) Plan shall be
recognized as Continuous Employment under the Siemens Savings Plan.  




	 	 	 	 	 
	 

	 	/s/ Roland Orchard

Roland Orchard
	 	 
	 

	 	Vice President	 	 
	 

	 	Corporate Human Resources	 	 
	March
19, 2003

	 	Siemens Corporation	 	 






 









 






APPENDIX BBB TO THE SIEMENS SAVINGS PLAN




MERGER OF THE FARADAY LLC RETIREMENT SAVINGS PLAN INTO THE SIEMENS SAVINGS PLAN




     Effective on or about May 23, 2003, the Faraday LLC Retirement Savings Plan is merged
into, and its assets and liabilities are transferred to the Siemens Savings Plan.



     After the merger, the benefits payable from the Siemens Savings Plan with respect to
benefits accrued by any participant under the Faraday LLC Retirement Savings Plan shall be
equal to the benefits a participant would have been entitled to receive under the Faraday
LLC Retirement Savings Plan immediately before the merger. Such participant’s benefits will
be paid in accordance with the terms and conditions of the Faraday LLC Retirement Savings
Plan that applied to the participant on the date of the merger.



	 	 	 	 	 
	 

	 	/s/ Roland Orchard	 	 
	 

	 	 

Roland Orchard
	 	 
	 

	 	Vice President	 	 
	 

	 	Corporate Human Resources	 	 
	May 23, 2003

	 	Siemens Corporation	 	 






 









 






APPENDIX CCC

TO THE SIEMENS SAVINGS PLAN




SPECIAL PROVISIONS FOR

FORMER PARTICIPANTS OF CITIZENS BANK OF RHODE ISLAND WHO ARE REHIRED BY SIEMENS BUSINESS

SERVICES CORPORATION



Employees of Citizens Bank of Rhode Island (“Citizens Bank”) whose employment with Citizens Bank is
terminated on October 8, 2003 and who are immediately hired by Siemens Business Services Inc. on
such date pursuant to the provisions of the (Professional Development and Services Agreement by and
between Citizens Bank of Rhode Island and Siemens Business Services, Inc., dated July 28, 2003)
(“Former Citizen Bank Employees”) shall be eligible to participate in the Siemens Savings Plan
beginning on October 9, 2003. These Former Citizen Bank Employees shall participate in the Siemens
Savings Plan in accordance with the terms and conditions of the Siemens Savings Plan as applicable
to employees of Siemens Business Services Inc., except that solely for purposes of vesting under
the Plan, the years of service which such employees had with Citizens Bank that were counted as
vesting service under the Citizens Bank 401(k) Plan shall be recognized as Continuous Employment
under the Siemens Savings Plan.  




	 	 	 	 	 
	 

	 	/s/ Roland Orchard	 	 
	 

	 	 

Roland Orchard — Vice President
	 	 
	 

	 	Corporate Human Resources	 	 
	November 24, 2003

	 	Siemens Corporation	 	 






 









 






APPENDIX DDD TO THE SIEMENS SAVINGS PLAN




MERGER OF THE FARADAY LLC UNION EMPLOYEES 401(k) PLAN

INTO THE SIEMENS SAVINGS PLAN




     Effective on or about December 31, 2003, the Faraday LLC Union Employees 401(k)
Plan is merged into, and its assets and liabilities are transferred to the Siemens
Savings Plan.



     After the merger, the benefits payable from the Siemens Savings Plan with
respect to benefits accrued by any participant under the Faraday LLC Union Employees
401(k) Plan shall be equal to the benefits a participant would have been entitled to
receive under the Faraday LLC Union Employees 401(k) Plan immediately before the
merger. Such participant’s benefits will be paid in accordance with the terms and
conditions of the Faraday LLC Union Employees 401(k) Plan that applied to the
participant on the date of the merger.



	 	 	 	 	 
	 

	 	/s/ Roland Orchard	 	 
	 

	 	 

Roland Orchard — Vice President
	 	 
	 

	 	Corporate Human Resources	 	 
	December 8, 2003

	 	Siemens Corporation	 	 






 









 






APPENDIX EEE TO THE SIEMENS SAVINGS PLAN




MERGER OF THE MANNESMANN GROUP DEFERRED PAY SAVINGS PLAN INTO THE SIEMENS SAVINGS PLAN





     Effective on or about December 31, 2003, the Mannesmann Group Deferred Pay
Savings Plan is merged into, and its assets and liabilities are transferred to the
Siemens Savings Plan.




     After the merger, the benefits payable from the Siemens Savings Plan with
respect to benefits accrued by any participant under the Mannesmann Group Deferred
Pay Savings Plan shall be equal to the benefits a participant would have been
entitled to receive under the Mannesmann Group Deferred Pay Savings Plan immediately
before the merger. Such participant’s benefits will be paid in accordance with the
terms and conditions of the Mannesmann Group Deferred Pay Savings Plan that applied
to the participant on the date of the merger.



	 	 	 	 	 
	 

	 	/s/ Roland Orchard	 	 
	 

	 	 

Roland Orchard — Vice President
	 	 
	 

	 	Corporate Human Resources	 	 
	December 8, 2003

	 	Siemens Corporation	 	 






 









 






APPENDIX EEE(a)




MERGER OF THE SIEMENS SAVINGS PLAN FOR EMPLOYEES OF SIEMENS BUILDING TECHNOLOGIES, INC. INTO

THE SIEMENS SAVINGS PLAN



Effective as of December 31, 2003, the Siemens Savings Plan for Employees of Siemens Building
Technologies, Inc. is merged with and into, and its assets and liabilities are transferred to the
Siemens Savings Plan, and the Siemens Savings Plan assumed responsibility for making payments with
respect to the benefits earned by Members under the Siemens Savings Plan for Employees of Siemens
Building Technologies, Inc.



After the merger, the benefits payable from the Siemens Savings Plan with respect to the benefits
accrued by any Member under the Siemens Savings Plan for Employees of Siemens Building
Technologies, Inc. or owed to any spouse or beneficiary of a Member under the Siemens Savings Plan
for Employees of Siemens Building Technologies, Inc. shall be equal to the benefits such Member or
spouse or beneficiary would have been entitled to receive under the Siemens Savings Plan for
Employees of Siemens Building Technologies, Inc. immediately before the merger.



Effective January 1, 2004, no further contributions to the Siemens Savings Plan for Employees of
Siemens Building Technologies, Inc. by any Employee or any Employer (as those terms are defined
under the Siemens Savings Plan for Employees of Siemens Building Technologies, Inc.) shall be
permitted.



Effective January 1, 2004, the level of Employer Contributions applicable to former Members of the
Siemens Savings Plan for Employees of Siemens Building Technologies, Inc. shall be the level
applicable to Employees of Siemens Building Technologies, Inc. as set forth in Annex A of the
Siemens Savings Plan, as it may be amended from time to time.



Except as otherwise provided in this Appendix III, all the terms and conditions of the Siemens
Savings Plan shall apply to former Members of the Siemens Savings Plan for Employees of Siemens
Building Technologies, Inc. both with respect to


 









 






their benefits under the Siemens Savings Plan for
Employees of Siemens Building
Technologies, Inc. and their benefits under the Siemens Savings Plan.




	 	 	 	 	 
	 

	 	/s/ E. Robert Lupone	 	 
	December 8, 2003

	 	 

E. Robert Lupone
	 	 
	 

	 	Senior Vice President,	 	 
	 

	 	General Counsel & Secretary	 	 
	 

	 	Siemens Corporation	 	 






2









 






APPENDIX FFF TO THE SIEMENS SAVINGS PLAN




MERGER OF THE SEQUA 401(k) PLAN

INTO THE SIEMENS SAVINGS PLAN




     Effective on or about March 23, 2004, the assets and liabilities under the
Sequa 401(k) Plan solely with respect to participants in the Sequa 401(k) Plan who
(a) as of December 31, 2003 were actively employed by Turbocare Gas Turbine Services
LLC and became employees of TurboCare, Inc. as of January 1, 2004, and (b) as of
March 23, 2004, are employed by TurboCare, Inc. at its Dallas, Texas facility (such
employees are hereinafter referred to as “Dallas Turbine Employees”), as well as
assets and liabilities in the Sequa 401(k) Plan with respect to eligible dependents,
beneficiaries, and former or current spouses of Dallas Turbine Employees are merged
into, and the assets and liabilities are transferred to, the Siemens Savings Plan.



     After the merger, the benefits payable from the Siemens Savings Plan with
respect to benefits accrued by a Dallas Turbine Employee or by an eligible
dependent, beneficiary, or former or current spouse of a Dallas Turbine Employee
under the Sequa 401(k) Plan shall be equal to the benefits such individual would
have been entitled to receive under the Sequa 401(k) Plan immediately before the
merger, and such individual’s benefits will be paid in accordance with the terms and
conditions of the Sequa 401(k) Plan that applied to the participant on the date of
the merger.



	 	 	 	 	 
	 

	 	/s/ E. Robert Lupone	 	 
	 

	 	 

E. Robert Lupone — Senior Vice President,
	 	 
	 

	 	General Counsel and Secretary	 	 
	March 3, 2004

	 	Siemens Corporation	 	 






 









 






ATTACHMENT A




APPENDIX FFFa TO THE SIEMENS SAVINGS PLAN




MERGER OF THE TURBOMACHINERY, INC. 401(K) SAVINGS PLAN INTO THE SIEMENS SAVINGS PLAN




     Effective April 13, 2004, the Turbomachinery, Inc. 401(k) Savings Plan was merged into, and
its assets and liabilities were transferred to, the Siemens Savings Plan.



     After the merger, the benefits payable from the Siemens Savings Plan with respect to benefits
accrued by any participant under the Turbomachinery, Inc. 401(k) Savings Plan shall be equal to the
benefits a participant would have been entitled to receive under the Turbomachinery, Inc. 401(k)
Savings Plan immediately before the merger. Such participant’s benefits will be paid in accordance
with the terms and conditions of the Turbomachinery, Inc. 401(k) Savings Plan that applied to the
participant on the date of the merger.



	 	 	 	 	 
	 

	 	/s/ Roland Orchard	 	 
	 

	 	 

Roland Orchard — Vice President
	 	 
	 

	 	Corporate Human Resources	 	 
	March 30, 2004

	 	Siemens Corporation	 	 






 









 






APPENDIX GGG TO THE SIEMENS SAVINGS PLAN (“Plan”)




SPECIAL PROVISIONS FOR EMPLOYEES IN PUERTO RICO





	1.	 	Purpose and Effect — The purpose of this Appendix GGG is to comply with the
requirements of Sections 1165(a) and (e) of the Puerto Rico Internal Revenue Code of 1994, as
amended (the “PR-Code”). The provisions of this Appendix GGG shall be effective January 1,
2001, and shall only apply to those employees of Siemens Medical Solutions USA, Inc., who were
employed by Siemens Medical Solutions USA Inc. (“Company”) prior to December 15, 2003 and
whose compensation is subject to Puerto Rico income taxes (“Appendix GGG Member”).
	 
	 	 	Appendix GGG Members shall participate in the Plan through December 31, 2003 in accordance
with its terms and conditions except as otherwise set forth in this Appendix.
	 
	2.	 	Type of Plan — It is the intent of Siemens Corporation that the Plan be a profit
sharing plan as defined in Article 1165-1 of the PR-Code Regulations and that it include a
qualified cash or deferred arrangement pursuant to Section 1165(e) of the PR-Code.
	 
	3.	 	Appendix GGG Members Tax-Deferred Contributions —  Appendix GGG Members may direct
the Company to make Tax-Deferred Contributions out of current or accumulated earnings of the
Company in an amount equal to the lesser of 10% of the Appendix GGG Members’ compensation or
$8,000 (or such other limitation in effect for Tax-Deferred Contributions excludible from the
gross income of the Appendix GGG Members in a given Plan Year as provided in PR-Code Section
1165(e)(7)(A) at any such time). Any excess deferrals together with any income allocable to
such deferrals by an Appendix GGG Member shall be distributed to such Appendix GGG Member
pursuant to a uniform and nondiscriminatory procedure established by the Company.
	 
	4.	 	Highly Compensated Appendix GGG Member — Any Appendix GGG Member who, determined on
the basis of compensation for each Plan Year, has greater compensation than two-thirds of all
other Appendix GGG Members will be considered a Highly Compensated Appendix GGG Member.




 









 












	5.	 	Limitation on Appendix GGG Members’ Tax-Deferred Contributions For each Plan Year, in
addition to satisfying the nondiscriminatory tests as provided in the Plan, the Plan shall
also satisfy the average deferral percentage test of PR-Code Section 1165(e)(3)(A) and the
regulations promulgated thereunder.
	 
	 	 	In no event shall the actual deferral percentage of the Highly Compensated Appendix GGG
Members for any calendar year exceed the greater of:






	 	a.	 	the actual deferral percentage of all other Appendix GGG Members for such
calendar year multiplied by 1.25; or
	 
	 	b.	 	the actual deferral percentage of all other Appendix GGG Members for such
calendar year multiplied by 2.0; provided that the actual deferral percentage of
Highly Compensated Appendix GGG Members does not exceed that of all other Appendix GGG
Members by more than two percentage points.






     The “actual deferral percentage” (ADP) of a group of Appendix GGG Members for a Plan
Year shall be the average of the ratios, calculated separately for each Appendix GGG Member
in such group of the amount of Tax-Deferred Contributions actually paid to the trust on
behalf of such Appendix GGG Members for such Plan Year to the compensation of such Appendix
GGG Members for such Plan Year.




     In the event that there are contributions in excess of the limitation described in
paragraphs (a) and (b) (Excess Contributions), the amount of Excess Contributions for a
Highly Compensated Appendix GGG Member, and any earnings thereto, shall be (i) distributed
no later than the close of the following Plan Year, or (ii) recharacterized as After-Tax
Contributions subject to the provisions of the Plan and the PR-Code, under the leveling
method beginning with the Appendix GGG Member Highly Compensated with the highest ADP, to
the extent required to satisfy the ADP limitations. In addition, the Company may elect to
make qualified non-elective contributions that comply with the Plan and the PR-Code and the
regulations for purposes of complying with this test.




	6.	 	Transfer and Rollover Provisions — Transfers or rollovers to the Plan by an Appendix
GGG Member are limited to the amounts distributed from an employee plan that qualifies under
PR-Code Section 1165(a) and under Section 401(a) of the United States Internal Revenue Code.




2









 












	7.	 	Use of Terms — All terms and provisions of the Plan shall apply to this Appendix GGG,
except that where the terms and provisions of the Plan and this Appendix GGG conflict, the
terms and provisions of this Appendix GGG shall govern.





	 
	 	 	/s/ Mike Panigel	 	 
	August 13, 2004

	 	 

Mike Panigel
	 	 
	 

	 	Senior Vice President,	 	 
	 

	 	Corporate Human Resources	 	 






3









 






APPENDIX HHH

TO THE SIEMENS SAVINGS PLAN




SPECIAL PROVISIONS FOR

FORMER PARTICIPANTS OF CONNECTICUT GENERAL LIFE INSURANCE COMPANY AND LUMBERMENS MUTUAL

CASUALTY COMPANY, A DIVISION OF KEMPER INSURANCE COMPANIES, WHO ARE REHIRED BY SIEMENS BUSINESS

SERVICES CORPORATION



Employees of Connecticut General Life Insurance Company (“CIGNA”) whose employment with CIGNA is
terminated on July 4, 2004 and who are immediately hired by Siemens Business Services Inc.,
pursuant to the provisions of the Master Information Processing Time and Materials Consulting
Services Agreement between Siemens Business Services, Inc. and Connecticut General Life Insurance
Company dated May 26, 2004, (“Former CIGNA Employees”) shall be eligible to participate in the
Siemens Savings Plan beginning on July 5, 2004. These Former CIGNA Employees shall participate in
the Siemens Savings Plan in accordance with the terms and conditions of the Siemens Savings Plan as
applicable to employees of Siemens Business Services Inc., except that solely for purposes of
vesting under the Plan, the years of service which such employees had with CIGNA that were counted
as vesting service under the CIGNA 401(k) Plan shall be recognized as Continuous Employment under
the Siemens Savings Plan.  



Employees of Lumbermens Mutual Casualty Company, a Division of Kemper Insurance Companies,
(“LUMBERMENS”) whose employment with LUMBERMENS is terminated on March 30, 2004 and who are
immediately hired by Siemens Business Services Inc., pursuant to the provisions of the Information
Technology Services Agreement by and between Lumbermens Mutual Casualty Company and Siemens
Business Services, Inc. dated March 26, 2004, (“Former LUMBERMENS Employees”) shall be eligible to
participate in the Siemens Savings Plan beginning on March 31, 2004. These Former LUMBERMENS
Employees shall participate in the Siemens Savings Plan in accordance with the terms and conditions
of the Siemens Savings Plan as applicable to employees of Siemens Business Services Inc., except
that solely for purposes of vesting under the Plan, the years of service which such employees had
with LUMBERMENS that were counted as vesting service under The Kemper Savings and Profit Sharing
Plan shall be
recognized as Continuous Employment under the Siemens Savings Plan.




	 
	 	 	/s/ Mike Panigel	 	 
	August 19, 2004

	 	 

Mike Panigel
	 	 
	 

	 	Senior Vice President,	 	 
	 

	 	Corporate Human Resources	 	 






 









 






APPENDIX III TO THE SIEMENS SAVINGS PLAN




MERGER OF THE LANDIS & GYR, INC. SAVINGS & PROFIT SHARINGS PLAN INTO THE SIEMENS

SAVINGS PLAN




     Effective on or about February 2, 2005 (“Merger Date”), the Landis & Gyr, Inc.
Savings & Profit Sharing Plan is merged into the Siemens Savings Plan, and all of the
assets and liabilities of the Landis & Gyr, Inc. Savings & Profit Sharing Plan as of the
Merger Date are transferred to the Siemens Savings Plan.



     After the merger, the benefits payable from the Siemens Savings Plan with respect to
benefits accrued by any participant or, if applicable, any spouse or beneficiary, under
the Landis & Gyr, Inc. Savings & Profit Sharing Plan for whom assets and liabilities have
been transferred to the Siemens Savings Plan shall be equal to the benefits such
participant, spouse or beneficiary would have been entitled to receive under the Landis &
Gyr, Inc. Savings & Profit Sharing Plan immediately before the merger. Such participant’s,
spouse’s or beneficiary’s benefits will be paid in accordance with the terms and
conditions of the Landis & Gyr, Inc. Savings & Profit Sharing Plan that applied to the
participant on the date of the merger.



	 
	 	 	/s/ E. Robert Lupone	 	 
	January 3, 2005

	 	 

E. Robert Lupone
	 	 
	 

	 	Siemens Corporation	 	 
	 

	 	Senior Vice President, General	 	 
	 

	 	Counsel and Secretary	 	 
	 
	 
	 	/s/ Mike Panigel	 	 
	 

	 	 

Mike Panigel
	 	 
	 

	 	Siemens Corporation	 	 
	 

	 	Senior Vice President,	 	 
	 

	 	Corporate Human Resources	 	 






 









 






APPENDIX JJJ

TO THE SIEMENS SAVINGS PLAN




SPECIAL PROVISIONS FOR

FORMER EMPLOYEES OF WASHINGTON MUTUAL, INC. WHO ARE HIRED BY SIEMENS BUSINESS SERVICES

CORPORATION



Employees of Washington Mutual Inc. (“WM”) who are Transitioned Employees as that term is defined
in the IT Infrastructure Support Services Agreement dated October 7, 2004 (“Former WM Employees”)
shall be eligible to participate in the Siemens Savings Plan beginning on their date of hire with
Siemens Business Services, Inc. These Former WM Employees shall participate in the Siemens Savings
Plan in accordance with the terms and conditions of the Siemens Savings Plan as applicable to
employees of Siemens Business Services Inc., except that solely for purposes of vesting under the
Plan, the years of service which such employees had with WM that were counted as vesting service
under the WM 401(k) Plan shall be recognized as Continuous Employment under the Siemens Savings
Plan.




	 
	 	 	/s/ E. Robert Lupone	 	 
	January 18, 2005

	 	 

E. Robert Lupone
	 	 
	 

	 	Siemens Corporation	 	 
	 

	 	Senior Vice President, General	 	 
	 

	 	Counsel and Secretary	 	 
	 
	 
	 	/s/ Mike Panigel	 	 
	 

	 	 	 	 
	 

	 	Mike Panigel	 	 
	 

	 	Siemens Corporation	 	 
	 

	 	Senior Vice President,	 	 
	 

	 	Corporate Human Resources	 	 






 









 






APPENDIX KKK

TO THE SIEMENS SAVINGS PLAN




MERGER OF THE SIEMENS DEMATIC CORPORATION RAPISTAN MATERIAL HANDLING AUTOMATION DIVISION

SALARIED EMPLOYEE INVESTMENT PLAN INTO THE SIEMENS SAVINGS PLAN




     Effective as of March 8, 2005, the assets and liabilities with respect to the benefits under
the Siemens Dematic Corporation Rapistan Material Handling Automation Division Salaried Employee
Investment Plan (“Siemens Dematic Plan”) were transferred and merged into the Siemens Savings Plan,
and the Siemens Savings Plan assumed responsibility for making payments with respect to the
benefits earned under the Siemens Dematic Plan in accordance with the terms and conditions of the
Siemens Savings Plan. After the merger, the benefits payable from the Siemens Savings Plan accrued
by participants under the Siemens Dematic Plan shall be equal to benefits such participants would
have been entitled to receive under the Siemens Dematic Plan immediately before the merger.


The following special provisions shall apply to these individuals.




     1. Eligibility. Any non-union employee of the former Siemens Dematic Corporation, now
known as Siemens Logistics and Assembly Systems, Inc., who was a participant in the Siemens Dematic
Plan as of December 31, 2004 or any non-union employee of the former Siemens Dematic Corporation
who was eligible to participate in the Siemens Dematic Plan on December 31, 2004, but chose not to
do so, shall be eligible to participate in the Siemens Savings Plan on January 1, 2005.



     2. Vesting. Any employment that was recognized under the Siemens Dematic Plan will be
recognized as Continuous Employment under the Siemens Savings Plan.



     3. Withdrawals. After assets are transferred from the Siemens Dematic Plan to the
Siemens Savings Plan, a participant in the Siemens Dematic Plan shall be able to withdraw amounts
made on a tax deferred basis to the Siemens Dematic Plan and related earnings in accordance with
the provisions of Article X of the Siemens Savings
Plan, as amended from time to time, as applicable to the withdrawals of amounts from the
Tax-Deferred Contribution Account of the Siemens Savings Plan; except that, in



 









 







circumstances where
the Siemens Dematic Plan would permit a withdrawal and the Siemens Savings Plan would not, the
terms and conditions of the Siemens Dematic Plan, as in effect as of the time immediately prior to
such transfer, shall apply.



     After assets are transferred from the Siemens Dematic Plan to the Siemens Savings Plan, a
participant in the Siemens Dematic Plan shall be able to withdraw amounts that were employer
matching contributions to the Siemens Dematic Plan and related earnings in accordance with the
provisions of Article X of the Siemens Savings Plan, as amended from time to time, as applicable to
withdrawal of amounts from the Employer Contribution Account of the Siemens Savings Plan; except
that, in circumstances where the Siemens Dematic Plan would permit a withdrawal and the Siemens
Savings Plan would not, the terms and conditions of the Siemens Dematic Plan, as in effect as of
the time immediately prior to such transfer, shall apply.



     4. Loans. In determining the vested account balance amount available under Article IX
of the Siemens Savings Plan for loans, the amounts that were in an employee’s account in the
Siemens Dematic Plan which were transferred to the Siemens Savings Plan shall be eligible for a
loan, in accordance with the terms and conditions of the Siemens Savings Plan.



     5. Employer Contribution. Effective January 1, 2005, a non-union employee of the
former Siemens Dematic Corporation shall be eligible to receive the Employer Contribution set forth
in Annex A to the Siemens Savings Plan as applicable to employees of Siemens Logistics & Assembly
Systems, Inc. in accordance with the terms and conditions of such Annex.



	 	 	 	 	 
	February 8, 2005

	 	 

/s/ E. Robert Lupone
	 	 
	 

	 	 

E. Robert Lupone
	 	 
	 

	 	Siemens Corporation	 	 
	 

	 	Senior Vice President, General	 	 
	 

	 	Counsel and Secretary	 	 
	 
	 	 	 	 
	 

	 	 

/s/ Mike Panigel
	 	 
	 

	 	 

Mike Panigel
	 	 
	 

	 	Siemens Corporation	 	 
	 

	 	Senior Vice President,	 	 
	 

	 	Corporate Human Resources	 	 






2









 






APPENDIX LLL

TO THE SIEMENS SAVINGS PLAN




TRANSFER OF PART OF THE ASSETS AND LIABILITIES IN THE UNITED STATES FILTER CORPORATION

RETIREMENT SAVINGS PLAN INTO THE SIEMENS SAVINGS PLAN




     Effective as of March 29, 2005, the assets and liabilities in the United States Filter
Corporation Retirement Savings Plan (“USFilter Plan”) with respect to all U.S. Member Employees (as
that term is defined in Section 1 of Exhibit 6 to the Stock Purchase Agreement By and Between
United States Filter Corporation and Siemens Corporation, dated May 12, 2004) who are participants
in the United States Filter Corporation Retirement Savings Plan on March 29, 2005 (“USFilter
Members”) were transferred into the Siemens Savings Plan, and the Siemens Savings Plan assumed
responsibility for making payments with respect to the benefits earned by USFilter Members under
the USFilter Plan in accordance with the terms and conditions of the Siemens Savings Plan. After
the transfer, the benefits payable from the Siemens Savings Plan accrued by USFilter Members under
the USFilter Plan shall be equal to benefits such USFilter Members would have been entitled to
receive under the USFilter Plan immediately before the transfer.


The following special provisions shall apply to these individuals.




     1. Eligibility. Any USFilter Member who was a participant in the USFilter Plan as of
December 31, 2004 or any non-union employee of USFilter Corporation who was eligible to participate
in the USFilter Plan on December 31, 2004, but chose not to do so, shall be eligible to participate
in the Siemens Savings Plan on January 1, 2005.



     2. Vesting. Any employment that was recognized under the USFilter Plan for vesting
purposes will be recognized as Continuous Employment under the Siemens Savings Plan.



     3. Withdrawals. After assets are transferred from the USFilter Plan to the Siemens
Savings Plan, a USFilter Member in the USFilter Plan shall be able to withdraw
amounts made on a tax deferred basis to the USFilter Plan and related earnings in accordance
with the provisions of Article X of the Siemens Savings Plan, as amended from time



 









 







to time, as
applicable to the withdrawals of amounts from the Tax-Deferred Contribution Account of the Siemens
Savings Plan; except that, in circumstances where the USFilter Plan would permit a withdrawal of
such amounts and the Siemens Savings Plan would not, the terms and conditions of the USFilter Plan,
as in effect as of the time immediately prior to such transfer, shall apply.



     After assets are transferred from the USFilter Plan to the Siemens Savings Plan, a USFilter
Member in the USFilter Plan shall be able to withdraw amounts that were employer matching
contributions or that were the USFilter Member’s after tax contributions to the USFilter Plan and
related earnings in accordance with the provisions of Article X of the Siemens Savings Plan, as
amended from time to time, as applicable to withdrawal of amounts from the Employer Contribution
Account and After Tax Contribution Account of the Siemens Savings Plan; except that, in
circumstances where the USFilter Plan would permit a withdrawal of such amounts and the Siemens
Savings Plan would not, the terms and conditions of the USFilter Plan, as in effect as of the time
immediately prior to such transfer, shall apply.



     4. Loans. In determining the vested account balance amount available under Article IX
of the Siemens Savings Plan for loans, the amounts that were in an employee’s account in the
USFilter Plan which were transferred to the Siemens Savings Plan shall be eligible for a loan, in
accordance with the terms and conditions of the Siemens Savings Plan.



     5. Employer Contribution. Effective January 1, 2005, a non-union USFilter Member shall
be eligible to receive an Employer Contribution equal to 50% of the employees’ Tax-Deferred and
After Tax Contributions up to 7% of Compensation.



	 	 	 	 	 
	February 25, 2005

	 	 

/s/ E. Robert Lupone
	 	 
	 

	 	 

E. Robert Lupone
	 	 
	 

	 	Siemens Corporation	 	 
	 

	 	Senior Vice President, General	 	 
	 

	 	Counsel and Secretary	 	 
	 
	 	 	 	 
	 

	 	/s/ Mike Panigel	 	 
	 

	 	 	 	 
	 

	 	Mike Panigel	 	 
	 

	 	Siemens Corporation	 	 
	 

	 	Senior Vice President,	 	 
	 

	 	Corporate Human Resources	 	 






2









 






APPENDIX MMM

TO THE SIEMENS SAVINGS PLAN




MERGER OF THE SENSANT CORP 401(K) PROFIT SHARING PLAN & TRUST INTO THE SIEMENS SAVINGS PLAN




     Effective as of September 1, 2005, the assets and liabilities with respect to the benefits
under the Sensant CORP 401(k) Profit Sharing Plan & Trust (“Sensant Plan”) were transferred and
merged into the Siemens Savings Plan, and the Siemens Savings Plan assumed responsibility for
making payments with respect to the benefits earned under the Sensant Plan in accordance with the
terms and conditions of the Siemens Savings Plan. After the merger, the benefits payable from the
Siemens Savings Plan accrued by participants under the Sensant Plan shall be equal to benefits such
participants would have been entitled to receive under the Sensant Plan immediately before the
merger.


The following special provisions shall apply to these individuals.




     1. Vesting. Any employment that was recognized under the Sensant Plan will be
recognized as Continuous Employment under the Siemens Savings Plan.



     2. Withdrawals. After assets are transferred from the Sensant Plan to the Siemens
Savings Plan, a participant in the Sensant Plan shall be able to withdraw amounts made on a tax
deferred basis to the Sensant Plan and related earnings in accordance with the provisions of
Article X of the Siemens Savings Plan, as amended from time to time, as applicable to the
withdrawals of amounts from the Tax-Deferred Contribution Account of the Siemens Savings Plan;
except that, in circumstances where the Sensant Plan would permit a withdrawal and the Siemens
Savings Plan would not, the terms and conditions of the Sensant Plan, as in effect as of the time
immediately prior to such transfer, shall apply.



     3. Loans. In determining the vested account balance amount available
under Article IX of the Siemens Savings Plan for loans, the amounts that were in an
employee’s account in the Sensant Plan which were transferred to the Siemens Savings
Plan shall be eligible for a loan, in



 









 






accordance with the terms and conditions of the
Siemens Savings Plan.




	 	 	 	 	 
	July 28, 2005

	 	 

/s/ E. Robert Lupone
	 	 
	 

	 	 

E. Robert Lupone
	 	 
	 

	 	Siemens Corporation	 	 
	 

	 	Senior Vice President, General	 	 
	 

	 	Counsel and Secretary	 	 
	 
	 	 	 	 
	 

	 	 

/s/ Mike Panigel
	 	 
	 

	 	 

Mike Panigel
	 	 
	 

	 	Siemens Corporation	 	 
	 

	 	Senior Vice President,	 	 
	 

	 	Corporate Human Resources	 	 






2









 






APPENDIX NNN

TO THE SIEMENS SAVINGS PLAN




MERGER OF THE MYRIO CORPORATION 401(K) PLAN INTO THE SIEMENS SAVINGS PLAN




     Effective as of October 12, 2005, the assets and liabilities with respect to the benefits
under the Myrio Corporation 401(k) Plan (“Myrio Plan”) are transferred and merged into the Siemens
Savings Plan, and the Siemens Savings Plan assumed responsibility for making payments with respect
to the benefits earned under the Myrio Plan in accordance with the terms and conditions of the
Siemens Savings Plan. After the merger, the benefits payable from the Siemens Savings Plan accrued
by participants under the Myrio Plan shall be equal to benefits such participants would have been
entitled to receive under the Myrio Plan immediately before the merger.


The following special provisions shall apply to these individuals.




     1. Eligibility. Any employee of Myrio Corporation “Myrio Employee” who was a
participant in the Myrio Plan as of July 31, 2005, or any Myrio Employee who was eligible to
participate in the Myrio Plan on July 31, 2005, but chose not to do so, shall be eligible to
participate in the Siemens Savings Plan on August 1, 2005.



     2. Vesting. The provisions of the Myrio Plan regarding vesting service shall apply in
calculating the amount of Continuous Employment a Myrio Employee has in the Siemens Savings Plan
through the end of calendar year 2005. With respect to determining Continuous Employment in the
Siemens Savings Plan after calendar year 2005, the provision of the Siemens Savings Plan shall
apply.



     3. Withdrawals. After assets are transferred from the Myrio Plan to the Siemens
Savings Plan, Myrio Employees shall be able to withdraw their Employee deferrals made to the Myrio
Plan and related earnings in accordance with the provisions of Article X of the Siemens Savings
Plan, as amended from time to time, as applicable to the withdrawals of amounts from the
Tax-Deferred Contribution Account of



 









 







the Siemens Savings Plan, except that, in circumstances where the Myrio Plan would permit a
withdrawal and the Siemens Savings Plan would not, the terms and conditions of the Myrio Plan, as
in effect as of the time immediately prior to such transfer, shall apply.



          After assets are transferred from the Myrio Plan to the Siemens Savings Plan, Myrio Employees
shall be able to withdraw the discretionary profit sharing contributions made to their Accounts in
the Myrio Plan and related earnings in accordance with the terms and conditions of Article X of the
Siemens Savings Plan, as amended from time to time, as applicable to withdrawals of amounts from
the Employer Contribution Account of the Siemens Savings Plan; except that, in circumstances where
the Myrio Plan would permit a withdrawal and the Siemens Savings Plan would not, the terms and
conditions of the Myrio Plan in effective as of the time immediately prior to such transfer, shall
apply.




     4. Loans. In determining the vested account balance amount available under Article IX
of the Siemens Savings Plan for loans, the amounts that were in a Myrio Employee’s account in the
Myrio Plan which were transferred to the Siemens Savings Plan shall be eligible for a loan, in
accordance with the terms and conditions of the Siemens Savings Plan.



	 	 	 	 	 
	 

	 	 

/s/ E. Robert Lupone
	 	 
	 

	 	 

E. Robert Lupone
	 	 
	 

	 	Senior Vice President, General	 	 
	 

	 	Counsel & Secretary	 	 
	 

	 	Siemens Corporation	 	 
	 
	 	 	 	 
	 

	 	/s/ Mike Panigel	 	 
	 

	 	 	 	 
	 

	 	Mike Panigel	 	 
	 

	 	Senior Vice President	 	 
	 

	 	Corporate Human Resources	 	 
	September 12, 2005

	 	Siemens Corporation	 	 







2










 






FIRST AMENDMENT TO THE

SIEMENS SAVINGS PLAN

(As Amended and Restated Effective as of January 1, 2001)




     Effective July 1, 2002, Article VII of the Siemens Savings Plan (As Amended and Restated
Effective as of January 1, 2001) is amended in its entirety to read as follows:



“Article VII




Investment Options





	7.1	 	Each Member shall be entitled to direct that Contributions to be credited to his Accounts
shall be invested (in integral multiples of 1%) in one of more of the Stable Value Investment
Option, the Masterworks LifePath Investment Portfolios, the Siemens AG Stock Investment
Option, U.S. Large Cap Stock Investment Option, U.S. Small Cap Stock Investment Option, Non
U.S. Developed Markets Stock Investment Option, Non U.S. Emerging Markets Investment Option,
Core Bond Investment Option and/or High Yield Bond Investment Option. A Rollover Contribution
made by a Member to the Plan shall be vested in accordance with the investment directions the
Member has made with respect to the contributions credited to his account in the Plan.
	 
	 	 	In the absence of a Member’s direction as to the investment of Contributions credited to his
Accounts, such Contributions shall be invested 100% in the Stable Value Fund.
	 
	 	 	Each Member also may elect to change prospectively his investment election and/or change the
investment fund and the percentage to be invested in a particular fund for amounts that have
already been contributed to his Accounts, (in integral multiples of 1% of the amounts held
in each fund from which a transfer is to be made) without any limitation on the frequency of
such elections, subject to any restrictions which the Administrative Committee may deem
appropriate, by calling the Siemens Benefits Service Center or by any other method
prescribed by the Administrative Committee.
	 
	7.2	 	Stable Value Investment Option
	 
	 	 	Amounts allocated to the Stable Value Investment Option are invested in a diversified
portfolio of investment contracts with insurance companies, banks, or other financial
institutions. The rate paid on the Stable Value Investment Option is the average yield being
earned by all of the investments and changes on a daily basis to reflect variations in the
average rate being earned on the investments. It is designed to provide a steadily
increasing principal value.




 









 












	7.3	 	Masterworks LifePath Investment Portfolios
	 
	 	 	The LifePath Investment portfolios are a family of five diversified mutual funds designed to
meet long-term investment goals based on various time horizons. Each LifePath portfolio
carries a date, indicating the year when the Member is expected to begin withdrawing his
assets. Each LifePath portfolio aims for its highest returns early in its life, and then
gradually shifts into an increasingly conservative investment mix. The Investment Manager
for these investment portfolios evaluates the risks and potential rewards of the different
asset classes and may adjust the investment mix to maximize investment returns as
appropriate for the portfolios’ investment time periods. Interest and dividends earned by
each portfolio are re-invested in that portfolio.
	 
	7.4	 	Siemens AG Stock Investment Option
	 
	 	 	The objective of the Siemens AG Stock Investment Option is to track the performance of
Siemens AG ordinary shares. Amounts allocated to this investment option will be invested in
Siemens AG American Depositary Shares (“ADSs”), which are traded on the New York Stock
Exchange and evidenced by Siemens American Depositary Receipts (“ADRs”). The value of this
investment option is determined by the market price of Siemens ADSs, which is expected to
closely track the market price of Siemens AG ordinary shares as traded in other markets.
Amounts allocated to this investment option are invested solely in Siemens ADRs except for a
small amount of cash held for liquidity purposes. This investment option is not an actively
managed fund and its investments are made without regard to stock price or investment
outlook. Cash dividends on Siemens AG ordinary shares are allocated to investors in this
investment option in cash at the rate of 85% of the full dividend due to foreign withholding
taxes. Since dividends are reinvested in units, the number of units in this investment
option will increase when dividends are paid.
	 
	7.5	 	U.S. Large Cap Stock Investment Option 
	 
	 	 	Amounts allocated to the U.S. Large Cap Stock Investment Option are invested in one or more
portfolios whose objective is to seek to achieve long-term capital growth while generating
returns that are generally higher than U.S. large capitalization stock market averages as
measured by the benchmark Standard & Poor’s 500 Index. The U.S. Large Cap Stock Investment
Option aims to achieve this by investing in a widely diversified portfolio of select stocks
issued primarily by large and medium-sized companies. In order to reduce the variability of
this option relative to the S&P 500 index, and to minimize investment management




2









 






	 	 	    fees, approximately 75% of the amounts held under this option will be invested in an S&P 500
Index portfolio.






	7.6	 	U.S. Small Cap Stock Investment Option
	 
	 	 	Amounts allocated to the U.S. Small Cap Stock Investment Option are invested in one or more
portfolios whose objective is to increase the value of the participant’s original investment
over the long term, primarily through investments in a diverse group of small U.S. companies
whose securities are traded in the U.S. securities markets. This option has as its benchmark
the Russell 2500 Index.
	 
	7.7	 	Non U.S. Developed Markets Stock Investment Option
	 
	 	 	Amounts allocated to the Non U.S. Developed Markets Stock Investment Option are invested in
one or more portfolios whose objective is to achieve long-term capital growth by investing
in the securities of companies that are based outside the U.S., and traded on or located in
what are generally regarded as developed equity markets. These countries are considered to
have well-developed, smoothly functioning capital markets and an underlying legal structure
that supports financial investment. This option’s market performance benchmark is the Morgan
Stanley Capital International Europe, Australasia, Far East (MSCI EAFE) index. In addition
to the risks associated with investment in equity securities, this option carries with it
risks attributable to exposure to fluctuation in foreign currencies.
	 
	7.8	 	Non U.S. Emerging Markets Stock Investment Option
	 
	 	 	Amounts allocated to the Non U.S. Emerging Markets Stock Investment Option are invested in
one or more portfolios whose objective is to achieve long-term capital growth by investing
in securities of companies that are based outside the U.S., and traded on or located in what
are generally regarded as emerging equity and financial markets. In addition to the risks
associated with investment in equity securities, this option carries with it risks
attributable to exposure to fluctuation in foreign currencies, and risks associated with
less highly developed securities markets, including political and operational risks.
Designation as an emerging market is determined by a number of factors such as gross
domestic product per capital; local government regulations; perceived investment risk;
foreign ownership limits and capital controls; or the general perception of the investment
community when determining an ‘emerging’ classification of a market (Source: Morgan Stanley
Capital International). This option’s performance benchmark is the MSCI Emerging Markets
Free Index.




3









 












	7.9	 	Core Bond Investment Option
	 
	 	 	Amounts allocated to the Core Bond Investment Option are invested in one or more portfolios
whose objective is to realize a total return that exceeds that of Lehman Brothers Aggregate
Bond Index, while maintaining overall risk which is similar to this index. Under this
investment option, amounts are invested in a variety of investment grade fixed income
securities, and the market performance benchmark is the Lehman Brothers Aggregate Bond
Index. Investments under this option include, but are not limited to, fixed-income
securities issued by the U.S. Government and Agencies, corporations, mortgage-backed
issuers, asset-backed issuers, U.S. dollar-denominated securities of foreign issuers, and
preferred stocks.
	 
	7.10	 	High Yield Bond Investment Option
	 
	 	 	Amounts allocated to the High Yield Bond Investment Option are invested in one or more
portfolios whose objective is to earn high current income by investing in a diversified
portfolio of below-investment grade income securities. A secondary objective is capital
appreciation. The average maturity of the portfolio and credit rating of the investment
under this option are expected to approximate those of the Merrill Lynch Master High Yield
Master II Bond Index. Investments under this option include, but are not limited to,
investments in public and corporate fixed-income securities, U.S. dollars fixed income
securities of foreign issuers, convertible securities, zero-coupon securities and preferred
stocks.
	 
	7.11	 	Effective July 1, 2002, the Indexed Equity Option, the International Equity Option, the Large
Cap Growth Option, the Managed Equity Option, the Intermediate-Term Bond Option and the Small
Cap Equity Option are eliminated and the amounts in these options are transferred, effective
July 1, 2002, to the new options whose characteristics are determined by the Pension Fund
Management Department of the Company to be most similar to the prior options.”





	 	 	 
	 

	 	/s/ Roland Orchard	 	 
	 

	 	 
	July 1, 2002

	 	Roland Orchard

Vice President

Corporate Human Resources

Siemens Corporation






4









 






SECOND AMENDMENT TO THE SIEMENS SAVINGS PLAN

(As amended and restated as of January 1, 2001)




     The Siemens Savings Plan, as amended and restated as of January 1, 2001 (“Plan”), is hereby
amended in the following respects:




	1.	 	Section 2.1(n) of Article II of the Plan will be amended by adding the
following sentence at the end of the Section:






“For purposes of this Section 2.1(n), effective for Plan Years beginning after
December 31, 1996, ‘leased employee’ is defined as any person (other than employee of
the recipient) who pursuant to an agreement between the recipient and any other
person (‘leasing organization’) has performed services for the recipient (or for the
recipient and related persons, as determined in accordance with Section 414(n)(6) of
the Internal Revenue Code) on a substantially full time basis for a period of at
least 1 year, and such services are performed under the primary direction or control
by the recipient.”




	2.	 	Subparagraph (ii) of Section 2.1(r) of Article II of the Plan will be
amended by adding the following sentence at the end of such subparagraph:






“For the Plan Years occurring on or after January 1, 1997, the Administrative
Committee has not elected to use the provision regarding the ‘top paid’ group.”




	3.	 	Section 4.2(b)(2) of Article IV of the Plan will be amended by adding a new paragraph
numbered 4.2(b)(2)(iii) that will read as follows:






	 	“(iii)	 	For purposes of performing the Actual Deferral Percentage Test under Section
4.2(b), current year data with regard to eligible Employees other than non
Highly Compensated Employees shall be used.”




 









 












	4.	 	The first sentence of Subsection 4.2(b)(3) of Article IV of the Plan is replaced in its
entirety by the following sentences:






	 	“(3)	 	Effective for Plan Years beginning after December 31, 1996, in
the event that at the end of the Plan Year it is determined that the Plan would
otherwise fail to satisfy the Actual Deferral Percentage Test for that Plan
Year, the Administrative Committee may determine either (i) that an additional Employer
Contribution shall be made pursuant to Subsection 5.1(b), or (ii) to
distribute excess contributions in the three step method set forth in the
immediately following sentence. Step one is to determine the excess
contribution by lowering the Highly Compensated Employee with the largest
percentage deferral (ADR) down to the next Highly Compensated Employee with
the next highest deferral percentage until the Actual Deferral Percentage
Test is satisfied; step two is to multiply the percentage reductions by the
compensation of the respective Highly Compensated Employees to determine the
excess contribution; and step three is to distribute the excess contribution
2(together with any income allocable to such amounts for such Plan Year) to
the Highly Compensated Employee with the largest dollar deferral (and to
forfeit any corresponding Employer Contributions for application under
Article XII) and then distributing the excess contributions (together with
any income allocable to such amounts for such Plan Year) to the Highly
Compensated Employee with the next largest dollar deferral (and to forfeit
any corresponding Employer Contributions for application under Article XII)
and repeating until the excess is depleted.”






	5.	 	Section 5.2(b) of Article V of the Plan will be amended by adding a new sentence at the end
of the Section that will read as follows:






 “For purpose of performing the Actual Contribution Percentage Test
under Section



-2-









 







5.2(b), current year data with regard to eligible Employees other
that non Highly Compensated Employees shall be used.”




	6.	 	The first sentence of Section 6.8(b) of Article VI of the Plan will be amended in its
entirety to read as follows:






     “Effective for limitation years beginning after December 31, 1994, the total
Account Addition for any Member for any limitation year shall not exceed the lesser
of:




	 	(1)	 	$30,000 (as adjusted for cost of living increases as provided in
Section 415(d) of the Internal Revenue Code pursuant to regulations thereof); or
	 
	 	(2)	 	25% of the Member’s total compensation (within
the meaning of Treasury Regulation §1.415-2(d)) for such limitation
year.”






	7.	 	Section 6.8(b) of Article VI of the Plan will be amended to add the following paragraph at
the end of the Section.






“Effective for limitation years beginning after December 31, 1997, compensation
for purposes of Section 415(c)(3) of the Internal Revenue Code includes elective
deferrals under Sections 125, 402(g)(3), 402(h)(l)(B), 403(b), and 457(b) of the
Internal Revenue Code and employee contributions described in Section 401(h) of the
Internal Revenue Code which are treated as employer contributions, and, for Plan
Years beginning after December 31, 2000, such compensation also includes qualified
transportation benefits under Section 132(f)(4) of the Internal Revenue Code.”




	8.	 	The second paragraph of Section 11.9 of Article XI of the Plan will be amended by adding the
words “made after December 31, 1998,” after the existing words 




-3-









 






	 	 	“any hardship distribution
under Section 401(k)(2)(B)(i)(IV) of the Internal Revenue Code”.





	 	 	 
	February 3, 2004

	 	/s/ Roland Orchard


	 

	 	 
	 

	 	Roland Orchard

Vice President

Corporate Human Resources

Siemens Corporation






-4-









 






THIRD AMENDMENT TO THE SIEMENS SAVINGS PLAN

(As amended and restated as of January 1, 2001)




     The Siemens Savings Plan, as amended and restated as of January 1, 2001 (“Plan”), is hereby
amended in the following respects:



     Effective October 1, 2003, subparagraph 11.3(c) of the Siemens Savings Plan is hereby amended
in its entirety to read as follows:



“(c) Death.





A. If (i) the Member dies before any payments of his Accounts in the Plan have been made to
him and the aggregate value of the Member’s Accounts does not exceed the Applicable Dollar
Amount (as defined in sub-section 11.1 (a)) or (ii) the Member dies after payments of his
Accounts in the Plan have commenced and there is still a remaining amount in the member’s
Accounts in the Plan, the Member’s Beneficiary may select a distribution of the Member’s
Accounts in one of the following ways:




	 	(1)	 	in one lump sum; and (a) if the Beneficiary is
the spouse, the lump sum can be payable at any time up to the later of
the end of the calendar year in which the Member would have attained
age 70 1/2 or the end of the calendar year in which the Member dies or
(b) if the Beneficiary is not the Member’s spouse, the lump sum shall
be payable by no later than the end of the calendar year following the
calendar year in which the Member dies; or
	 
	 	(2)	 	in part in one lump sum with the balance in
installments; over a period not to exceed the life expectancy of the
Beneficiary, and (a) if the Beneficiary is Member’s spouse,
the installments shall commence no later than the later of the end of the
calendar year in which the Member would have attained age 70 1/2 or the
end of the calendar year in which the Member dies or (b) if the
Beneficiary is not the Member’s spouse, the




 









 






	 	 	 	installments shall commence
by no later than the end of the calendar year following the calendar
year in which the Member dies; or






	 	(3)	 	in installments over a period not to exceed the life expectancy
of the Beneficiary, and (a) if the Beneficiary is the Member’s spouse, the
installments shall commence no later than the
later of the end of the calendar year in which the Member would have
attained age 70 1/2 or the end of the calendar year in which the Member dies
or (b) if the Beneficiary is not the Member’s spouse, the installments shall
commence by no later than the end of the calendar year following the
calendar year in which the Member dies; or
	 
	 	(4)	 	Effective March 1, 2001, up to two partial lump sum payments
each calendar year, as elected by the Beneficiary, until the Member’s Accounts
in the Plan are fully distributed, provided, however, that (a) if the
Beneficiary is the Member’s spouse, if the Member’s Accounts have not been
fully distributed by the later of the end of the calendar year in which the
Member attains age 70 1/2 or the end of the calendar year in which the member
dies, the balance shall be distributed commencing as of the end of such
calendar year in installments over a period not to exceed the life expectancy
of the Beneficiary or as a lump sum or (b) if the Beneficiary is not the
Member’s spouse, the balance shall be distributed in installments commencing no
later than the end of the calendar year following the calendar year in which
the Member dies over a period not to exceed the life expectancy of the
Beneficiary or as a lump sum.





     The amount of any distribution to be made in installments to the Beneficiary of a
Member shall be held in such Investment Funds under the Plan as elected by the Beneficiary,
participating proportionately in the gains, losses, income and expenses of such Funds during
the distribution period. If distributions are made in monthly installments, the



-2-









 







amount of each monthly installment shall be determined as of the day of distribution, by dividing the
amount then remaining on hand for distribution by the number of monthly installments yet to
be made. If distributions are made in annual installments, the amount of each annual
installment shall be determined as of the date as of which distributions commence and as of
each anniversary thereof by dividing the amount then remaining on hand for distribution by
the number of annual installments yet to be made.


B. Notwithstanding any of the provisions of this Section 11.3(c) to the contrary, if a
Member dies after his required beginning date (as defined by section 401(a)(9)(C) of the
Code), the payment methods available to a member’s Beneficiary (whether or not the
Beneficiary is the spouse of the Member) are subject to the minimum distribution
requirements of Section 401 (a) (9) of the Code.



C. If a Member has not designated a Beneficiary for the Member’s Accounts, or if no
Beneficiary designation is
effective, or if the beneficiary pre-deceases the member without another beneficiary being
designated, the member’s Accounts shall be paid in accordance with the provisions of Section
16.7(b) of the Plan.”








	 	 	 
	May 13, 2004

	 	/s/ Roland Orchard


	 

	 	 
	 

	 	Roland Orchard

Vice President

Corporate Human Resources

Siemens Corporation






-3-









 






FOURTH AMENDMENT TO THE SIEMENS SAVINGS PLAN

(As amended and restated as of January 1, 2001)




     The Siemens Savings Plan, as amended and restated as of January 1, 2001 (“Plan”), is hereby
amended in the following respects:



     •  Effective July 19, 2004 , Section 3.2 of the Plan is amended by adding the following
sentence at the end of the Section:



     “Notwithstanding the foregoing, if a Temporary Employee completes at least 1,000 hours of
service between July 19, 2004 and June 29, 2005, such Temporary Employee shall be eligible to
become a Member of the Plan as of any Enrollment Date coinciding with or next succeeding the date
on which such Temporary Employee completes 1,000 Hours of Service if he is then employed by an
Employer.”



     •   Effective July 1, 2002, Section 4.2(a) of the Plan is amended by replacing the words
“18% effective July 1, 2001” with the words “25% effective July 1, 2002”.



     •   Effective July 1, 2002, Section 4.3 of the Plan is amended by replacing the words “18%
effective July 1, 2001” with the words “25% effective July 1, 2002”.



     •   Effective July 19, 2004, Section 4.11 of the Plan is amended by replacing the words
“90th” with the words “30th”.



     •   Effective December 20, 2004, the first paragraph of Section 7.1 of the Plan is amended
in its entirety to read as follows:



     “ 7.1 Each Member shall be entitled to direct that Contributions to be credited to his
Accounts shall be invested (in integral multiples of 1%) in one or more of the Stable Value
Investment Option, the LifeCycle Investment Portfolios, the Siemens AG Stock Investment Option,
U.S. Large Cap Stock Investment Option, U.S. Small Cap Stock Investment Option, Non U.S. Developed
Markets Stock Investment Option, Non U.S. Emerging Markets Investment Option, Core Bond Investment
Option, High Yield Bond Investment Option, and/or the Self-Directed Brokerage Account Investment
Option. A Rollover Contribution made by a Member to the Plan shall be invested in accordance with
the last investment directions the Member has made, as an active Member of the Plan, with respect to
contributions credited to his account in the Plan.”



 









 





     •   Effective July 19, 2004, the third paragraph of Section 7.1 of the Plan is amended in
its entirety to read as follows:



     “Each Member may also elect to change prospectively his investment funds and the amount to be
invested in a particular investment fund for amounts that have already been contributed to his
Accounts, in any dollar amount, without any limitation on the frequency of such elections, by
calling the Siemens Benefits Service Center or by any other method prescribed by the Administrative
Committee. Notwithstanding the foregoing, the Administrative Committee may place a restriction on
the amount of time during which an amount transferred to a particular investment option from
another investment option in the Plan must remain in that investment option, before it can be
transferred to another investment option in the Plan”



     •   Effective December 20, 2004, Section 7.3 of the Plan is amended by replacing the words
“Masterworks LifePath” with the words “LifeCycle” and by replacing the word “LifePath” with the
word “LifeCycle” in each place in the Section where such words appear.



     •   Effective December 20, 2004, a new Section 7.11 is added to the Plan which will read
as follows:



     “7.11 Self-Directed Brokerage Account Investment Option



     This option allows Members to invest through a self directed brokerage account (SDB) through
Hewitt Financial Services via Harrisdirect. The SDB account gives Members who want to build and
manage their own portfolios an opportunity to invest in a wide range of mutual funds and individual
stocks. A Member must leave a minimum balance of $500 in investments in the Plan other than an SDB
account or the “Let’s Share” account in order to open an SDB account and to make subsequent
transfers into an SDB account. Transfers from other investment options in the Plan are the only
method a Member has available to invest in an SDB account. Member contributions to the Plan
directly from a Member’s paycheck cannot be directed into an SDB account. A Member should not
consider this option unless the Member is a sophisticated investor who is willing to take on
additional risk and is prepared to assume responsibility for closely monitoring their investments
in the SDB account.”



     •   Effective September 31, 2005, the third sentence of
Section 7.11 is deleted and replaced with the following language:



     “A Member must leave a minimum balance of $500 in investments in the Plan other than an SDB
account or the “Let’s Share” account in order to open and maintain an SDB account, not taking into
account changes in the value of accounts other than the



2









 







SDB account and the “Let’s Share” account
that are due solely to market fluctuations in the value of these accounts.”



     •   Effective December 20, 2004, the existing Section 7.11 is renumbered 7.12.



     •   Effective December 20, 2004, the language in the second sentence of Section 9.5 is
amended in its entirety to read as follows:



     “Each loan shall be made from the Member’s balance in each of the investment funds in which
his Accounts are then invested, determined as of the day before the day as of which the loan is
made, (not including the Self-Directed Brokerage Account and the “Let’s Share” Contribution
Account) in the proportion that the Member’s balance in each such fund (excluding the Self-Directed
Brokerage Account and the “Let’s Share” Contribution Account) bears to the total of the Member’s
balances in all such investment funds (excluding the Self-Directed Brokerage Account and the “Let’s
Share” Contribution Account); and that if the Member has no investment funds other than the “Let’s
Share” Contribution Account and the Self-Directed Brokerage Account (except for the minimum balance
needed in non Self-Directed Brokerage Account funds to open and maintain a Self-Directed Brokerage
Account), the Member must first transfer money from his Self-Directed Brokerage Account into the
Plan’s other investment funds before a loan can be made.”



     •   Effective July 19, 2004, Section 9.8 is amended by replacing the words “90 days” with
the words “60 days”.



     •   Effective January 1, 2004, the following sentence is added at the end of Section 10.1:



     “Notwithstanding the foregoing, solely with respect to Plan Year 2004, a Member may make only
three withdrawals pursuant to this Section 10.1 not including for this purpose a withdrawal in the
event of a vesting occurrence described in Section 8.3.”



     •   Effective July 19, 2004, Section 10.2 is amended in its entirety to read as follows:



     “10.2 A Member, including a former Member who is still employed by an Affiliated Company, who
has reached age 59 1/2, must withdraw his Tax Deferred Contributions first before withdrawing his
After-Tax Contributions or Employer Contributions pursuant to Section 10.1, and the number of
withdrawals of Tax Deferred Contributions by such Member or former Member who is still employed by
an Affiliated Company shall not be limited in any year.



3









 





     •   Effective June 29, 2005, Section 10.2 is amended in its entirety to read as follows:



     “A Member, including a former Member who is still employed by an Affiliated Company, who has
reached age 59 1/2, must withdraw his Contributions in the order set forth in the first sentence of
the second paragraph of Section 10.1, but the number of such withdrawals shall not be limited in
any year.”



     •   Effective December 20, 2004, Section 10.4 is amended in its entirety to read as
follows:



     “10.4 When a withdrawal is made under the Plan, the amount of such withdrawal shall be paid
from a Member’s balance in each of the investment funds in which the Member’s Accounts are then
invested determined as of the last business day preceding the date as of which the withdrawal is
made (not including the Self-Directed Brokerage Account and the “Let’s Share” Contribution Account)
and the amount of the withdrawal in all cases shall be paid ratably from each of the investment
funds in the proportion that each such fund (excluding the Self-Directed Brokerage Account and the
“Let’s Share” Contribution Account) bears to the total of the Member’s balances in all such
investment funds (excluding the Self-Directed Brokerage Account and the “Let’s Share” Contribution
Account); and that if the Member has no investment funds other than the “Let’s Share” Contribution
Account and the Self-Directed Brokerage Account (except for the minimum balance needed in non
Self-Directed Brokerage Account funds to open and maintain a Self-Directed Brokerage Account), the
Member must first transfer money from his Self-Directed Brokerage Account into the Plan’s other
investment funds before a withdrawal can be taken.”



     •   Effective March 28, 2005, the language of Section 11.1(a) of the Plan is replaced in
its entirety with the following language:



     “11.1(a) Upon a termination of service with all Employers by a Member who is 100% vested in
his Employer Contribution Account, except by reason of the death of the Member, and subject to the
provisions of sub-section 11.1(d), the Member shall have distributed to him the amounts credited to
his Accounts as soon as practicable following such termination of service; provided that, if the amounts so
credited exceed $1,000 for this Plan and plans merged into this Plan (“Applicable Dollar Amount”),
the Member may elect to delay distribution (and no distribution may be made prior to the end of the
calendar year in which the Member attains age 70 1/2 absent his election to receive a distribution)
in which case the amounts credited to his Accounts shall be distributed as of such subsequent date
as the Member may elect in accordance with Section 11.3 subject to the limitations set forth in
Section 11.6. For purposes of determining if the Applicable Dollar Amount is exceeded, the value of
a Member’s nonforfeitable account balance shall



4









 







be determined without regard to that portion of the
account balance that is attributable to rollover contributions (and earnings allocable thereto)
within the meaning of Sections 402(c), 403(a)(4), 403(b)(8), 408(d)(3)(A)(ii), and 457(e)(16) of
the Internal Revenue Code.”



     •   Effective January 1, 2004, subparagraph (iv) of Section 11.3(b) of the Plan is amended
by adding the following language after the words “two partial lump payments each calendar year”:



     “(except that with respect to Plan Year 2004, three partial lump sum payments shall be
permitted)”.



     •   Effective January 1, 2001, the last two paragraphs of Section 11.3 of the Plan
designated as (iv) and (v) are redesignated as (d) and (e) respectively.



     •   Effective January 1, 2003, Section 11.3(e) of the Plan is amended in its entirety
to read as follows:



     “(e) Minimum Distribution Requirements. All distributions under the Plan shall comply
with the requirements of Section 401(a)(9) of the Internal Revenue Code, including without
limitation, the incidental death benefit requirement in Section 401(a)(9)(G) and will be made in
accordance with Final and Temporary Regulations Sections 1.401(a)(9)-1 through 1.401(a)(9)-9. The
provisions reflecting Section 401(a)(9) override any distribution options inconsistent with Section
401(a)(9).”



     •   Effective January 1, 2001, the last sentence of the second paragraph of Section 3
(Withdrawals) of Appendix R to the Plan is deleted and the entire Section 4 (Loans) of Appendix R
to the Plan is deleted.




	 	 	 
	October 10, 2005

	 	 

/s/ E. Robert Lupone
	 

	 	 

E. Robert Lupone
	 

	 	Siemens Corporation
	 

	 	Senior Vice President, General
	 

	 	Counsel and Secretary
	 
	 	 
	 

	 	/s/ Mike Panigel
	 

	 	 
	 

	 	Mike Panigel
	 

	 	Siemens Corporation
	 

	 	Senior Vice President,
	 

	 	Corporate Human Resources






5









 






FIFTH AMENDMENT TO THE SIEMENS SAVINGS PLAN

(As amended and restated as of January 1, 2001)




     The Siemens Savings Plan, as amended and restated as of January 1, 2001 (“Plan”), is hereby
amended in the following respects:




	•	 	Effective November 15, 2005, the first sentence of Section 14.1(b) of Article XIV of
the Plan is deleted in its entirety and replaced with the following language:
	 
	 	 	“There shall be ten members of the Administrative Committee, composed of the Director of
Employee Benefits of the Company, as chairperson, the Vice President, Controller of the
Company and eight representatives of Affiliated Companies located in the United States
designated from time to time by the Vice President of Human Resources of the Company.”





February 3, 2006




	 	 	 
	 

	 	 

/s/ E. Robert Lupone
	 

	 	 

E. Robert Lupone
	 

	 	Siemens Corporation
	 

	 	Senior Vice President, General
	 

	 	Counsel and Secretary
	 
	 	 
	 

	 	/s/ Mike Panigel
	 

	 	 
	 

	 	Mike Panigel
	 

	 	Siemens Corporation
	 

	 	Senior Vice President,
	 

	 	Corporate Human Resources






 









 






Annex A

(Revised as of 1/1/05)




Siemens Savings Plan — Employer Contributions




Effective January 1, 2005, the Employer Contributions to the Plan under Section 5.1 (a) of the
Plan shall be equal to the following percentages of the Basic Tax-Deferred and Basic After-Tax
Contributions made by or on behalf of Members, applicable to the Member’s Employer, less any amount
of forfeiture then to be applied to reduce such Employer Contributions pursuant to Article XII.




	 	 	 	 	 
	 	 	Employer Contributions	 	 
	 	 	for Employees Hired on	 	Employer Contributions for
	 	 	or Before December 31,	 	Employees Hired on or
	 	 	2003*	 	after January 1, 2004*
	 	 	(Not Applicable to	 	(Not Applicable to
	 	 	Delegates Whose	 	Delegates Whose
	 	 	Employment with an	 	Employment with an
	 	 	Employer Began on or	 	Employer Began on or
	Employer	 	After January 1, 2001)	 	After January 1, 2001)
	Communications On Air (Part of Siemens
Communications, Inc.)
	 	75%	 	50%
	 
	 	 	 	 
	OSRAM SYLVANIA Products, Inc.
	 	50%	 	50%
	 
	 	 	 	 
	SIBAG Investments, Inc.
	 	50%	 	N/A
	 
	 	 	 	 
	Siemens Airfield Solutions, Inc.
	 	75%	 	75%
	 
	 	 	 	 
	Siemens Building Technologies, Inc.
	 	50%	 	50%
	 
	 	 	 	 
	Siemens Business Services, Inc.
	 	50%	 	50%
	 
	 	 	 	 
	Siemens Capital Company LLC
	 	50%	 	50%
	 
	 	 	 	 
	Siemens Communications, Inc.
	 	75%	 	50% (except it is 75%
	 
	 	 	 	for former employees
	 
	 	 	 	of Siemens Information and
	 
	 	 	 	Communication Mobile
	 
	 	 	 	LLC hired during the
	 
	 	 	 	period of January 1, 2004 through December 31, 2004)
	 
	 	 	 	 
	Siemens Corporate Research, Inc.
	 	50%	 	50%
	 
	 	 	 	 
	Siemens Corporation
	 	50%	 	75%
	 
	 	 	 	 
	Siemens Demag Delaval Turbomachinery, Inc.
	 	50%	 	75%







 









 





	 	 	 	 	 
	 	 	Employer Contributions	 	 
	 	 	for Employees Hired on	 	Employer Contributions for
	 	 	or Before December 31,	 	Employees Hired on or
	 	 	2003*	 	after January 1, 2004*
	 	 	(Not Applicable to	 	(Not Applicable to
	 	 	Delegates Whose	 	Delegates Whose
	 	 	Employment with an	 	Employment with an
	 	 	Employer Began on or	 	Employer Began on or
	Employer	 	After January 1, 2001)	 	After January 1, 2001)
	Siemens Diesel Systems Technology, LLC (JV)
	 	75%	 	75%
	 
	 	 	 	 
	Siemens Energy & Automation (excluding
employees of Intelligent Transportation Systems, IndX and hourly rated employees of
SE&A employed at Canton, GA; Columbus, OH; El
Paso, TX; Georgia 400; Mundelein, IL;
Raleigh, NC; Spartansburg, SC; and Miami, FL)
	 	50%	 	50%
	 
	 	 	 	 
	Intelligent
Transportation Systems Business Unit of SE&A 
	 	50% up to 3% of compensation	 	50% up to 3% of compensation
	(former
Eagle Traffic and Gardner Transportation
	 	plus a basic 	 	plus a basic
	Systems Employees)
	 	company contribution**	 	company contribution**
	 
	 	 	 	 
	S&EA hourly employees at Canton, GA;
	 	50% up to 3% of compensation	 	50% up to 3% of compensation 
	Columbus, OH; Georgia 400; Mundelein, IL;
	 	plus a basic 	 	plus a basic 
	Raleigh, NC; Spartanburg, SC; and Miami, FL
	 	company contribution **	 	company contribution**
	 
	 	 	 	 
	SE&A hourly employees at El Paso, TX
	 	No match; basic	 	No match; basic
	 
	 	company	 	company
	 
	 	contribution**	 	contribution**
	 
	 	 	 	 
	Siemens Furnas Controls
	 	50%	 	50%
	 
	 	 	 	 
	Siemens Financial Services, Inc.
	 	50%	 	50%
	 
	 	 	 	 
	Siemens Government Services, Inc.
	 	50%	 	50%
	 
	 	 	 	 
	Siemens Hearing Instruments, Inc.
	 	50%	 	50%
	 
	 	 	 	 
	Siemens
Logistics and Assembly Systems Inc. (includes former employees of Siemens Dematic
Electronics Assembly Systems Inc. and Siemens
Dematic Postal Automation, Inc. and beginning
January 1, 2005, former employees of Siemens
Dematic Corporation)
	 	50%	 	75%
	 
	 	 	 	 
	Siemens Maintenance Services LLC
	 	50%	 	50%
	 
	 	 	 	 
	Siemens
Medical Solutions Health Services Corporation
	 	50%  w/possible	 	50% w/possible
	 
	 	additional	 	additional
	 
	 	discretionary match	 	discretionary match






2









 





	 	 	 	 	 
	 	 	Employer Contributions	 	 
	 	 	for Employees Hired on	 	Employer Contributions for
	 	 	or Before December 31,	 	Employees Hired on or
	 	 	2003*	 	after January 1, 2004*
	 	 	(Not Applicable to	 	(Not Applicable to
	 	 	Delegates Whose	 	Delegates Whose
	 	 	Employment with an	 	Employment with an
	 	 	Employer Began on or	 	Employer Began on or
	Employer	 	After January 1, 2001)	 	After January 1, 2001)
	Siemens Medical Solutions USA, Inc.
	 	50% w/possible additional	 	50% w/possible additional
	 
	 	discretionary match	 	discretionary match
	 
	 	 	 	 
	Siemens Network Convergence LLC
	 	75%	 	50%
	 
	 	 	 	 
	Siemens One, Inc.
	 	50%	 	75%
	 
	 	 	 	 
	Siemens Power Transmission & Distribution,
Inc.
	 	50%	 	50%
	 
	 	 	 	 
	Siemens Real Estate, Inc.
	 	50%	 	75%
	 
	 	 	 	 
	Siemens Shared Services, LLC
	 	50%	 	75%
	 
	 	 	 	 
	Siemens Subscriber Networks, Inc.
	 	75%	 	50%
	 
	 	 	 	 
	Siemens Technology-to-Business Center LLC
	 	75%	 	75%
	 
	 	 	 	 
	Siemens Transportation Systems, Inc.
	 	50%	 	50%
	 
	 	 	 	 
	Siemens VDO Automotive Corporation
	 	75%	 	75%
	(except Gainesville, Georgia hourly employees)
	 	 	 	 
	 
	 	 	 	 
	Siemens VDO Automotive Corporation hourly
	 	50%	 	50%
	employees at Gainesville, Georgia
	 	 	 	 
	 
	 	 	 	 
	Siemens Venture Capital, Inc.
	 	50%	 	75%
	 
	 	 	 	 
	Siemens Westinghouse Power Corporation
	 	50%	 	75%
	(excludes New Energy Associates LLC)
	 	 	 	 
	 
	 	 	 	 
	TurboCare, Inc.
	 	50%	 	75%
	 
	 	 	 	 
	Turbocare Gas Turbine Services LLC
	 	50%	 	75%
	 
	 	 	 	 
	USFilter Corporation
	 	Not applicable	 	50%***
	 
	 	 	 	 
	Valeo Sylvania, LLC
	 	50%	 	50%






3









 








 




			
	*	 	Unless indicated otherwise Employer Contributions match a Member’s Basic Tax-Deferred
and Basic After-Tax Contributions.
	 
	 	 	Notwithstanding the above, for any Member who has elected to continue under the final
average pay formula of the Siemens Pension Plan as of December 31, 2000, each Employer shall
make Employer Contributions to the Plan for each month equal to 50% of the Basic
Tax-Deferred and Basic After-Tax Contributions made by or on behalf of such Member, less any
amount of forfeiture then to be applied to reduce such Employer Contributions pursuant to
Article XII.
	 
	 	 	For Employees who are considered Delegates and whose current delegation with an Employer
began on or after January 1, 2001, there will be no Employer Contribution under Section V of
the Plan, regardless of the amount of such Delegate’s Tax-Deferred or After-Tax
Contributions.
	 
	 	 	Employees who are considered Delegates and whose current delegation with an Employer
began on or after January 1, 2004 are not eligible for participation in the Siemens Savings
Plan.
	 
	**	 	Company Basic Contributions – In addition, the Employee will receive a Company Basic
Contribution equal to 1.5% of the Employee’s Compensation, regardless of whether the Employee
chooses to contribute to the Plan.
	 
	***	 	Basic Tax Deferred and Basic After Tax Contributions for employees of USFilter
Corporation under Sections 4.2(a) and 4.3(a), for purposes of determining the amount of the
Employer Contributions, is defined as the first 7% of Tax Deferred Contributions and After Tax
Contributions respectively.





	 	 	 
	 

	 	 

/s/ E. Robert Lupone
	Date: December 1, 2004

	 	 

E. Robert Lupone
	 

	 	Senior Vice President, General
Counsel and Secretary
	 
	 	 
	 

	 	/s/ Mike Panigel

	 

	 	 
	 

	 	Mike Panigel

Senior Vice President,
	 

	 	Corporate Human Resources







4