PLAN
YEAR.
5.4.4
IN THE EVENT THAT ANY PROVISION OF THIS SECTION 5.4
IS NO LONGER REQUIRED TO QUALIFY THE PLAN UNDER THE CODE, THEN SUCH PROVISION
SHALL THEREUPON BE VOID WITHOUT THE NECESSITY OF FURTHER AMENDMENT OF THE PLAN.
24
ARTICLE VI
AMOUNT AND PAYMENT OF BENEFITS TO PARTICIPANTS,
6.1
TERMINATION OF EMPLOYMENT
6.1.1
UPON A TERMINATION OF EMPLOYMENT, A PARTICIPANT
SHALL BE ENTITLED TO RECEIVE THE VESTED PORTION OF HIS OR HER ACCOUNT BALANCE,
DETERMINED AS OF THE VALUATION DATE NEXT FOLLOWING HIS OR HER BENEFIT
COMMENCEMENT DATE, AS DETERMINED UNDER SECTION 6.1.2.
6.1.2
(A)
SUBJECT TO (B) AND (C) BELOW, AND
SECTION 6.2, A PARTICIPANT'S BENEFIT COMMENCEMENT DATE SHALL BE THE DATE
DETERMINED UNDER SECTION 6.1.3.
(B)
A PARTICIPANT WHO TERMINATES EMPLOYMENT PRIOR TO HIS OR HER NORMAL
RETIREMENT DATE MAY MAKE A WRITTEN ELECTION (WITH SPOUSAL CONSENT, IF MARRIED)
TO RECEIVE HIS OR HER VESTED ACCOUNT BALANCE AS OF A DATE PRIOR TO HIS OR HER
NORMAL RETIREMENT DATE, PROVIDED SUCH ELECTION IS MADE DURING THE 90-DAY PERIOD
PRECEDING HIS BENEFIT COMMENCEMENT DATE.
THE ADMINISTRATIVE COMMITTEE SHALL
NOTIFY THE PARTICIPANT (AND THE PARTICIPANT'S SPOUSE, IF ANY) OF THE RIGHT TO
ANY DISTRIBUTION UNTIL THE PARTICIPANT'S REQUIRED DISTRIBUTION DATE. SUCH
NOTIFICATION SHALL INCLUDE A GENERAL DESCRIPTION OF THE MATERIAL FEATURES OF THE
OPTIONAL FORMS OF BENEFIT UNDER THE PLAN IN A MANNER WHICH WOULD SATISFY THE
NOTICE REQUIREMENTS OF TREASURY REGULATIONS SECTION 1.411(A)-L1. SUCH NOTICE
SHALL BE PROVIDED NO LESS THAN 30 DAYS AND NO MORE THAN 90 DAYS PRIOR TO THE
BENEFIT COMMENCEMENT DATE. HOWEVER, DISTRIBUTION MAY COMMENCE LESS THAN 30 DAYS
AFTER SUCH NOTICE IS PROVIDED, SO LONG AS (I) THE PARTICIPANT (AND HIS OR HER
SPOUSE, IF APPLICABLE) HAS BEEN PROVIDED WITH INFORMATION THAT CLEARLY INDICATES
THAT HE OR SHE HAS AT LEAST 30 DAYS TO CONSIDER WHETHER TO CONSIDER THE DECISION
OF WHETHER OR NOT TO ELECT A DISTRIBUTION; AND (II) THE PARTICIPANT (AND HIS OR
HER SPOUSE, IF APPLICABLE) AFFIRMATIVELY ELECTS A DISTRIBUTION.
(C)
NOTWITHSTANDING (B) ABOVE, IF A PARTICIPANT'S VESTED ACCOUNT
BALANCE DOES NOT EXCEED $1,000, THE PARTICIPANT'S VESTED ACCOUNT BALANCE UNDER
THIS PLAN SHALL BE PAID TO HIM OR HER IN A LUMP SUM DISTRIBUTION AS SOON AS
PRACTICABLE FOLLOWING HIS OR HER TERMINATION OF EMPLOYMENT. FOR THIS PURPOSE, IF
A PARTICIPANT DOES NOT HAVE A VESTED INTEREST IN HIS OR HER ACCOUNT (AND THUS IS
NOT ENTITLED TO ANY DISTRIBUTION FROM SUCH ACCOUNT), THE PARTICIPANT SHALL BE
DEEMED TO HAVE RECEIVED A COMPLETE DISTRIBUTION OF HIS OR HER INTEREST IN SUCH
ACCOUNT UPON TERMINATION OF EMPLOYMENT.
6.1.3
UNLESS THE PARTICIPANT OTHERWISE ELECTS, IN NO
EVENT SHALL HE OR SHE BEGIN TO RECEIVE A BENEFIT LATER THAN THE SIXTIETH DAY
AFTER THE CLOSE OF THE PLAN YEAR IN WHICH THE LATEST OF THE FOLLOWING EVENTS
OCCURS:
(A)
THE DATE THE PARTICIPANT ATTAINS HIS OR HER NORMAL RETIREMENT AGE;
(B)
THE PARTICIPANT'S TERMINATION OF EMPLOYMENT; OR
(C)
THE 10TH ANNIVERSARY OF THE YEAR IN WHICH THE PARTICIPANT
COMMENCED PARTICIPATION IN