Exhibit 10.21


 


FOURTH AMENDMENT


TO THE


EARLE M. JORGENSEN


EMPLOYEE STOCK OWNERSHIP PLAN


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


 


THIS FOURTH AMENDMENT,
by EARLE M. JORGENSEN COMPANY (the
“Company”), to the Earle M. Jorgensen Employee Stock Ownership Plan  (As Amended and Restated Effective as of
April 1, 2001) (the “Plan”) is effective as of April 1, 2003 or such other date
as indicated herein.


 


WITNESSETH:


 


WHEREAS, the Company
has previously adopted certain good faith amendments required under the
Economic Growth and Tax Relief Reconciliation Act of 2001 (“EGTRRA”) that were
implemented under the Plan effective for periods beginning on and after January
1, 2002 and that had to be adopted by the end of the GUST remedial amendment
period for the Plan; and


 


WHEREAS, the Company
now considers it desirable to adopt the rest of the applicable EGTRRA
amendments for its plan as well as to implement an extension of the special
additional diversification period previously permitted on a one time basis under
the Plan.


 


NOW, THEREFORE, this
amendment of the Plan is hereby adopted to reflect a good faith amendment of
those additional provisions of EGTRRA that were not previously addressed as
well as to establish an ongoing extra diversification program under the
Plan.  With respect to the EGTRRA
provisions, this amendment is intended as good faith compliance with the
requirements of EGTRRA and is to be construed in accordance with EGTRRA and the
Internal Revenue Service guidance thereunder. 
This amendment shall supersede the provisions of the Plan to the extent
those provisions are inconsistent with the provisions of the amendment.


 


I.


 


Section 2 of
the Plan is hereby amended by adding the following to the end of the definition
of “Compensation” as a part thereof:


 


“For the Plan Year beginning April 1, 2003, the adjusted amount   is $200,000.”


 


II.


 


Section 2 of
the Plan is hereby further amended by substituting the following for the
definition of “Statutory Compensation” where it appears therein:


 

















 


“The total remuneration paid to an Employee by the Employer during the
Plan Year for personal services rendered to the Employer, excluding employee
contributions to a plan of deferred compensation, amounts realized in
connection with stock options and amounts which receive special tax benefits,
and including any Company Salary Reduction Contributions made on behalf of an
Employee for the Plan Year to the ECAP and effective for Plan Years beginning
on and after April 1, 2001, pre-tax amounts contributed under a Section 132(f)
transportation fringe plan.”


 


III.


 


Section 7 of
the Plan is hereby amended effective for Plan Years beginning on and after
April 1, 2003 by substituting “100%” for “25%” where it appears therein and by
substituting “$40,000” for “$30,000” where it appears therein.


 


IV.


 


Section 12 of
the Plan is hereby amended by adding the following new paragraph (f) to the end
as a part thereof:


 


“(f)   Minimum Distribution
Requirements Beginning January 1, 2003.


 


1.             General
Rules.


 


(A)          Effective
Date.  The provisions of this
Section 12(f) will apply for purposes of determining required minimum
distributions for calendar years beginning with the 2003 calendar year.


 


(B)           Coordination
with Minimum Distribution Requirements Previously in Effect.  To the extent applicable, required minimum
distributions for 2002 under this Section 12(f) will be determined as follows.
If the total amount of 2002 required minimum distributions under the Plan made
to the distributee prior to the effective date of this Section 12(f) equals or
exceeds the required minimum distributions determined under this Section 12(f),
then no additional distributions will be required to be made for 2002 on or
after such date to the distributee. If the total amount of 2002 required
minimum distributions under the Plan made to the distributee prior to the
effective date of this Section 12(f) is less than the amount determined under
this Section 12(f), then required minimum distributions for 2002 on and after
such date will be determined so that the total amount of required minimum
distributions for 2002 made to the distributee will be the amount determined
under this Section 12(f).  This Section
12(f)(1)(B) does not apply.


 


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(C)           Precedence.  The requirements of this Section 12(f) will
take precedence over any inconsistent provisions of the Plan.


 


(D)          Requirements
of Treasury Regulations Incorporated. 
All distributions required under this Section 12(f) will be determined
and made in accordance with the Treasury regulations under Section 401(a)(9) of
the Code.


 


(E)           TEFRA
Section 242(b)(2) Elections. 
Notwithstanding the other provisions of this Section 12(f),
distributions may be made under a designation made before January 1, 1984, in
accordance with Section 242(b)(2) of the Tax Equity and Fiscal Responsibility
Act (TEFRA) and the provisions of the plan that relate to Section 242(b)(2) of
TEFRA.


 


2.             Time
and Manner of Distribution.


 


(A)          Required
Beginning Date.  The Participant’s
entire interest will be distributed, or begin to be distributed, to the
Participant no later than the Participant’s required beginning date.


 


(B)           Death
of Participant Before Distributions Begin. 
If the Participant dies before distributions begin, the Participant’s
entire interest will be distributed, or begin to be distributed, no later than
as follows:


 


(i)            If the Participant’s surviving Spouse is
the Participant’s sole designated Beneficiary, then distributions to the
surviving Spouse will begin by December 31 of the calendar year immediately
following the calendar year in which the Participant died, or by December 31 of
the calendar year in which the Participant would have attained age 70 1/2, if
later.


 


(ii)           If the Participant’s surviving Spouse is not
the Participant’s sole designated Beneficiary to the designated Beneficiary by
December 31 of the calendar year containing the fifth anniversary of the
Participant’s death.  If the
Participant’s surviving Spouse is the Participant’s sole designated Beneficiary
and the surviving Spouse dies after the Participant but before distributions to
either the Participant or the surviving Spouse begin, this provision will apply
as if the surviving Spouse were the Participant.


 


(iii)          If there is no designated Beneficiary as of
September 30 of the year following the year of the Participant’s death, the
Participant’s entire interest will be distributed by December 31 of the
calendar year containing the fifth anniversary of the Participant’s death.


 


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(iv)          If the Participant’s surviving Spouse is the
Participant’s sole designated Beneficiary and the surviving Spouse dies after
the Participant but before distributions to the surviving Spouse begin, this
Section 12(f)(2)(B), other than Section 12(f)(2)(i)(2)(A), will apply as if the
surviving Spouse were the Participant.


 


For purposes of this Section 12(f)(2)(B) and
Section 12(f)(4) below, unless Section 12(f)(2)(B) applies, distributions are
considered to begin on the Participant’s required beginning date. If Section
12(f)(2)(B)(iv) applies, distributions are considered to begin on the date
distributions are required to begin to the surviving Spouse under Section
12(f)(2)(B)(i). If distributions under an annuity purchased from an insurance
company irrevocably commence to the Participant before the Participant’s
required beginning date (or to the Participant’s surviving Spouse before the
date distributions are required to begin to the surviving Spouse under Section
12(f)(2)(B)(i), the date distributions are considered to begin is the date
distributions actually commence.


 


(C)           Forms of Distribution.  Unless the Participant’s interest is
distributed in the form of an annuity purchased from an insurance company or in
a single sum on or before the required beginning date, as of the first
distribution calendar year distributions will be made in accordance with
Sections 12(f)(3) and (4). If the Participant’s interest is distributed in the
form of an annuity purchased from an insurance company, distributions thereunder
will be made in accordance with the requirements of Section 401(a)(9) of the
Code and the Treasury regulations.


 


3.             Required
Minimum Distributions During Participant’s Lifetime.


 


(A)          Amount of Required Minimum Distribution
For Each Distribution Calendar Year. 
During the Participant’s lifetime, the minimum amount that will be
distributed for each distribution calendar year is the lesser of:


 


(i)            the quotient obtained by dividing the
Participant’s account balance by the distribution period in the Uniform
Lifetime Table set forth in Section 1.401(a)(9)-9 of the Treasury regulations,
using the Participant’s age as of the Participant’s birthday in the
distribution calendar year; or


 


(ii)           if the Participant’s sole designated
Beneficiary for the distribution calendar year is the Participant’s Spouse, the
quotient obtained by dividing the Participant’s account balance by the number
in the Joint and Last Survivor Table set forth in Section 1.401(a)(9)-9 of the
Treasury regulations, using the Participant’s and Spouse’s attained ages as


 


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of the Participant’s and Spouse’s birthdays in the distribution
calendar year.


 


(B)           Lifetime Required Minimum Distributions
Continue Through Year of Participant’s Death.  Required minimum distributions will be determined under this
Section 12(f) beginning with the first distribution calendar year and up to and
including the distribution calendar year that includes the Participant’s date
of death.


 


4.             Required
Minimum Distributions After Participant’s Death.


 


(A)          Death On or After Date Distributions Begin.


 


(i)            Participant Survived by Designated
Beneficiary. If the Participant dies on or after the date distributions
begin and there is a designated Beneficiary, the minimum amount that will be
distributed for each distribution calendar year after the year of the
Participant’s death is the quotient obtained by dividing the Participant’s
account balance by the longer of the remaining life expectancy of the
Participant or the remaining life expectancy of the Participant’s designated
Beneficiary, determined as follows:


 


(a)           The Participant’s remaining life expectancy
is calculated using the age of the Participant in the year of death, reduced by
one for each subsequent year.


 


(b)           If the Participant’s surviving Spouse is the
Participant’s sole designated Beneficiary, the remaining life expectancy of the
surviving Spouse is calculated for each distribution calendar year after the
year of the Participant’s death using the surviving Spouse’s age as of the
Spouse’s birthday in that year. For distribution calendar years after the year
of the surviving Spouse’s death, the remaining life expectancy of the surviving
Spouse is calculated using the age of the surviving Spouse as of the Spouse’s
birthday in the calendar year of the Spouse’s death, reduced by one for each
subsequent calendar year.


 


(c)           If the Participant’s surviving Spouse is not
the Participant’s sole designated Beneficiary, the designated Beneficiary’s
remaining life expectancy is calculated using the age of the Beneficiary in the
year following the year of the Participant’s death, reduced by one for each
subsequent year.


 


(ii)           No Designated Beneficiary. If the
Participant dies on or after the date distributions begin and there is no designated
Beneficiary as of September 30 of the year after the year of the Participant’s
death, the minimum amount that will be distributed for each distribution
calendar year after the year of the Participant’s death is the


 


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quotient obtained by dividing the Participant’s account balance by the
Participant’s remaining life expectancy calculated using the age of the
Participant in the year of death, reduced by one for each subsequent year.


 


(B)           Death Before Date Distributions Begin.


 


(i)            Participant Survived by Designated
Beneficiary. To the extent Section 12(f)(2)(B)(ii) does not contain the
‘five-year rule,’ if the Participant dies before the date distributions begin
and there is a designated Beneficiary, the minimum amount that will be
distributed for each distribution calendar year after the year of the
Participant’s death is the quotient obtained by dividing the Participant’s
account balance by the remaining life expectancy of the Participant’s designated
Beneficiary, determined as provided in Section 12(f)(4)(A).


 


(ii)           No Designated Beneficiary. If the
Participant dies before the date distributions begin and there is no designated
Beneficiary as of September 30 of the year following the year of the Participant’s
death, distribution of the Participant’s entire interest will be completed by
December 31 of the calendar year containing the fifth anniversary of the
Participant’s death.


 


(iii)          Death of Surviving Spouse Before
Distributions to Surviving Spouse Are Required to Begin. If the Participant
dies before the date distributions begin, the Participant’s surviving Spouse is
the Participant’s sole designated Beneficiary, and the surviving Spouse dies
before distributions are required to begin to the surviving Spouse under
Section 12(f)(2)(B)(i), this Section 12(f)(4)(B) will apply as if the surviving
Spouse were the Participant.


 


5.             Definitions.


 


(A)          Designated Beneficiary. The individual
who is designated as the Beneficiary under Section 12 and is the designated
Beneficiary under Section 401(a)(9) of the Code and Section 1.401(a)(9)-1,
Q&A-4, of the Treasury Regulations.


 


(B)           Distribution calendar year. A
calendar year for which a minimum distribution is required. For distributions
beginning before the Participant’s death, the first distribution calendar year
is the calendar year immediately preceding the calendar year which contains the
Participant’s required beginning date. For distributions beginning after the
Participant’s death, the first distribution calendar year is the calendar year
in which distributions are required to begin under Section 12(f)(2)(B). The
required minimum distribution for the Participant’s first distribution calendar
year will be made on or before the Participant’s required beginning date. The


 


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required minimum distribution for other distribution calendar years,
including the required minimum distribution for the distribution calendar year
in which the Participant’s required beginning date occurs, will be made on or
before December 31 of that distribution calendar year.


 


(C)           Life expectancy. Life expectancy as
computed by use of the Single Life Table in Section 1.401(a)(9)-9 of the
Treasury Regulations.


 


(D)          Participant’s account balance. The
account balance as of the last valuation date in the calendar year immediately
preceding the distribution calendar year (valuation calendar year) increased by
the amount of any contributions made and allocated or forfeitures allocated to
the account balance as of dates in the valuation calendar year after the
valuation date and decreased by distributions made in the valuation calendar
year after the valuation date. The account balance for the valuation calendar
year includes any amounts rolled over or transferred to the Plan either in the
valuation calendar year or in the distribution calendar year if distributed or
transferred in the valuation calendar year.


 


(E)           Required beginning date. The date
specified in Section 12(c).”


 


V.


 


Section 13 of
the Plan is hereby amended by adding the following new Section 13(d) at the end
as a part thereof:


 


“(d)         Diversification
Extension.  Notwithstanding anything
contained in the Plan to the contrary, effective for Plan Years beginning on
and after April 1, 2002, a Participant who was previously eligible to elect to
diversify Post-1986 Shares under part (a) of this Section 13 and who did not
elect to so diversify the entire amount eligible for diversification during the
six year diversification period applicable to such Participant (and who is now
ineligible to make any election under part (a) of this Section 13) or who has
had additional shares contributed to his Account after the diversification
period under part (a) of this Section 13, shall be permitted to elect to
diversify up to 50% of the number of Post-1986 Shares allocated to his Company
Stock Account, PAYSOP Account and Matching Account since the inception of the
Plan, the Kilsby ESOP, the Republic ESOP or the ECAP less all shares with
respect to which amounts have previously been diversified under part (a) of
Section 13.  An election to “diversify”
must be made on the prescribed form and filed with the Committee within the
90-day period immediately following the Allocation Date of a Plan Year. For the
Plan Year ending March 31, 2002, such election must be received by the Plan
Administrator no later than February 28, 2003. 
“Diversification” under this part (d) will be effected by distributing
to Participants (in shares of Company Stock, cash or a combination of both, as
determined by the Committee) the portion of their


 


7

















 


Company Stock
Accounts, PAYSOP Accounts and Matching Accounts with respect to which a
diversification election set forth herein is made.  Any distribution shall occur within 90 days after the election
hereunder is made and shall be subject to the provisions of Section 14(c).”


 


VI.


 


Section 18 of
the Plan is hereby amended by adding the following to the end as a part
thereof:


 


“18.         Claims
Procedure for Claims Made On and After January 1, 2002


 


(a)           Definitions.  For purposes of this Section 18, the
following words or phrases in quotes when capitalized will have the meaning set
forth below:


 


(1)           “Adverse Benefit Determination” means a
denial, reduction or the termination of, or a failure to provide or make
payment (in whole or in part) with respect to a Claim for a benefit, including
any such denial, reduction, termination, or failure to provide or make payment
that is based on a determination of a Participant’s or Beneficiary’s
eligibility to participate in the Plan.


 


(2)           “Claim” means a request for a benefit or
eligibility to participate in the Plan, made by a Claimant in accordance with
the Plan’s procedures for filing Claims, as described in this Section 18.  For this purpose, an inquiry or request for
reconsideration made under the Plan’s established administrative procedures
will not constitute a Claim.


 


(3)           “Claimant” is defined in Section 14.3(b)(2).


 


(4)            “Notice” or “Notification” means the
delivery or furnishing of information to an individual in a manner that
satisfies applicable Department of Labor regulations with respect to material
required to be furnished or made available to an individual.


 


(5)           “Relevant Documents” include documents,
records or other information with respect to a Claim that:


 


(A)          were relied upon by the Claims Administrator
in making the benefit determination;


 


(B)           were submitted to, considered by or
generated for, the Claims Administrator in the course of making the benefit
determination, without regard to whether such documents, records


 


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or other information were relied upon by the Claims Administrator in
making the benefit determination;


 


(C)           demonstrate compliance with administrative
processes and safeguards required in making the benefit determination; or


 


(D)          constitute a statement of policy or guidance
with respect to the Plan concerning the denied benefit for the Participant’s
circumstances, without regard to whether such advice was relied upon by the
Claims Administrator in making the benefit determination.


 


(b)           Procedure for Filing a Claim.  In order for a communication from a Claimant
to constitute a valid Claim, it must satisfy the following paragraphs (1) and
(2) of this paragraph (b).


 


(1)           Any Claim submitted by a Claimant must be in
writing on the appropriate Claim form (or in such other manner acceptable to
the Claims Administrator) and delivered, along with any supporting comments,
documents, records and other information, to the Claims Administrator in
person, or by mail postage paid, to the address for the Claims Administrator
provided in the Summary Plan Description.


 


(2)           Claims and appeals of denied Claims may be
pursued by a Participant or an authorized representative of the Participant
(each of whom will be referred to in this section as a “Claimant”).  However, the Claims Administrator may
establish reasonable procedures for determining whether an individual has been
authorized to act on behalf of a Participant.


 


(c)           Initial Claim Review.  The initial Claim review will be conducted
by the Claims Administrator, with or without the presence of the Claimant, as
determined by the Claims Administrator in its discretion.  The Claims Administrator will consider the
applicable terms and provisions of the Plan and amendments to the Plan,
information and evidence that is presented by the Claimant and any other
information it deems relevant.  In
reviewing the Claim, the Claims Administrator will also consider and be
consistent with prior determinations of Claims from other Claimants who were
similarly situated and which have been processed through the Plan’s claims and
appeals procedures within the past 24 months.


 


(d)           Initial Benefit Determination.


 


(1)           The Claims Administrator will notify the
Claimant of the Claims Administrator’s determination within a reasonable period
of


 


9

















 


time, but in any event (except as described in paragraph (2) below)
within 90 days after receipt of the Claim by the Claims Administrator.


 


(2)           The Claims Administrator may extend the
period for making the benefit determination by 90 days if it determines that
such an extension is necessary due to matters beyond the control of the Plan
and if it notifies the Claimant, prior to the expiration of the initial 90 day
period, of circumstances requiring the extension of time and the date by which
the Claims Administrator expects to render a decision.


 


(e)           Manner and Content of Notification of
Adverse Benefit Determination.


 


(1)           The Claims Administrator will provide a
Claimant with written or electronic Notice of any Adverse Benefit
Determination, in accordance with applicable Department of Labor regulations.


 


(2)           The Notification will set forth in a manner
calculated to be understood by the Claimant:


 


(A)          The specific reason or reasons for the
Adverse Benefit Determination;


 


(B)           Reference to the specific provision(s) of
the Plan on which the determination is based;


 


(C)           Description of any additional material or
information necessary for the Claimant to perfect the Claim and an explanation
of why such material or information is necessary;


 


(D)          A description of the Plan’s review procedures
and the time limits applicable to such procedures, including a statement of the
Claimant’s right to bring a civil action under Section 502(a) of ERISA
following an Adverse Benefit Determination on review.


 


(f)            Procedure for Filing a Review of an
Adverse Benefit Determination.


 


(1)           Any appeal of an Adverse Benefit Determination
by a Claimant must be brought to the Claims Administrator within 60 days after
receipt of the Notice of the Adverse Benefit Determination.  Failure to appeal within such 60-day period
will be deemed to be a failure to exhaust all administrative remedies under the
Plan.  The appeal must be in writing
utilizing the appropriate form provided by the Claims Administrator (or in such
other manner acceptable to the Claims Administrator); provided, however, that
if the Claims Administrator does


 


10

















 


not provide the appropriate form, no particular form is required to be
utilized by the Participant.  The appeal
must be filed with the Claims Administrator at the address listed in the
Summary Plan Description.


 


(2)           A Claimant will have the opportunity to
submit written comments, documents, records and other information relating to
the Claim.


 


(g)           Review Procedures for Adverse Benefit
Determinations.


 


(1)           The Claims Administrator will provide a
review that takes into account all comments, documents, records and other
information submitted by the Claimant without regard to whether such
information was submitted or considered in the initial benefit determination.


 


(2)           The Claimant will be provided, upon request
and free of charge, reasonable access to and copies of all Relevant Documents.


 


(3)           The review procedure may not require more
than two levels of appeals of an Adverse Benefit Determination.


 


(h)           Timing and Notification of Benefit
Determination on Review.  The Claims
Administrator will notify the Claimant within a reasonable period of time, but
in any event within 60 days after the Claimant’s request for review, unless the
Claims Administrator determines that special circumstances require an extension
of time for processing the review of the Adverse Benefit Determination.  If the Claims Administrator determines that
an extension is required, written Notice will be furnished to the Claimant
prior to the end of the initial 60-day period indicating the special circumstances
requiring an extension of time and the date by which the Claims Administrator
expects to render the determination on review, which in any event will be
within 60 days from the end of the initial 60-day period.  If such an extension is necessary due to a
failure of the Claimant to submit the information necessary to decide the
Claim, the period in which the Claims Administrator is required to make a
decision will be tolled from the date on which the notification is sent to the
Claimant until the Claimant adequately responds to the request for additional
information.


 


(i)            Manner and Content of Notification of
Benefit Determination on Review.


 


(1)           The Claims Administrator will provide a
written or electronic Notice of the Plan’s benefit determination on review, in
accordance with applicable Department of Labor regulations.


 


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(2)           The Notification will set forth:


 


(A)          The specific reason or reasons for the
Adverse Benefit Determination;


 


(B)           Reference to the specific provision(s) of
the Plan on which the determination is based;


 


(C)           A statement that the Claimant is entitled to
receive, upon request and free of charge, reasonable access to and copies of
all Relevant Documents; and


 


(D)          A statement of the Claimant’s right to bring
a civil action under Section 502(a) of ERISA following an Adverse Benefit
Determination on review.


 


VII.


 


Section 21 of
the Plan is hereby amended by adding the following new subparagraph (f) to the
end as a part thereof:


 


“SECTION 21(f). 
MODIFICATION OF TOP-HEAVY RULES


 


(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 Code for plan years beginning
after December 31, 2001, and whether the plan satisfies the minimum
benefits requirements of Section 416(c) of the Code for such years. This
section amends Section 21 of the plan.


 


(2)           Determination
of top-heavy status.


 


(a)           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 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
Code. The determination of who is a key employee will be made in accordance
with Section 416(i)(1) of the Code and the applicable regulations and other
guidance of general applicability issued thereunder.


 


(b)           Determination
of present values and amounts.  This
Section 2.(b) 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.


 


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(i)            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 determination 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 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 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.”


 


(ii)           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)           Minimum
benefits.


 


(a)           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 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
Code.


 


(b)           Contributions
under other plans.  The employer may
provide in the adoption agreement that the minimum benefit requirement shall be
met in another plan (including another plan that consists solely of a cash or
deferred arrangement which meets the requirements of Section 401(k)(12) of the
Code and matching contributions with respect to which the requirements of
Section 401(m)(11) of the Code are met).”


 


IN WITNESS WHEREOF,
the Company has caused this Fourth Amendment to be executed by its duly
authorized officer as of the 16th day of January, 2003.


 


EARLE M. JORGENSEN COMPANY


 


	
  By:

  	
  /s/ WILLIAM S. JOHNSON

  	
   

  
	
   

  	
   

  
	
  Name:

  	
  William S.
  Johnson

  
	
   

  	
   

  
	
  Title:

  	
  Vice President, Chief Financial Officer and Secretary

  
	
   

  	
   

  
	
  Date:

  	
  January 16, 2003

  



 


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