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A Participant who has attained age 59 1/2 may withdraw any part of his Vested Account that results from the following
Contributions:
Elective Deferral Contributions
Matching Contributions
Qualified Nonelective Contributions
Rollover Contributions
Discretionary Contributions
A Participant may make such a withdrawal at any time.
A Participant may withdraw any part of his Vested Account that results from the following Contributions:
Elective Deferral Contributions
Rollover Contributions
in the event of hardship due to an immediate and heavy financial need. Withdrawals from the Participant’s Account resulting from
Elective Deferral Contributions shall be limited to the amount of the Participant’s Elective Deferral Contributions.
For Plan Years beginning on or after January 1, 2006, immediate and heavy financial need shall be limited to: (i) expenses
incurred or necessary for medical care that would be deductible under Code Section 213(d) (determined without regard to whether the
expenses exceed 7.5% of adjusted gross income); (ii) the purchase (excluding mortgage payments) of a principal residence for the
Participant; (iii) payment of tuition, related educational fees, and room and board expenses, for the next 12 months of post-secondary
education for the Participant, his spouse, children, or dependents (as defined in Code Section 152 without regard to Code Sections
152(b)(1), (b)(2), and (d)(1)(B)); (iv) payments necessary to prevent the eviction of the Participant from, or foreclosure on the
mortgage of, the Participant’s principal residence; (v) payments for funeral or burial expenses for the Participant’s deceased parent,
spouse, child, or dependent (as defined in Code Section 152 without regard to Code Section 152(d))1)(B)); (vi) expenses to repair
damage to the Participant’s principal residence that would qualify for a casualty loss deduction under Code Section 165 (determined
without regard to whether the loss exceeds 10% of adjusted gross income); or (vii) any other distribution which is deemed by the
Commissioner of Internal Revenue to be made on account of immediate and heavy financial need as provided in Treasury regulations.
For Plan Years beginning before January 1, 2006, immediate and heavy financial need shall be limited to: (i) expenses incurred
or necessary for medical care, described in Code Section 213(d), of the Participant, the Participant’s spouse, or any dependents of the
Participant (as defined in Code Section 152, and for taxable years beginning on or after January 1, 2005, without regard to Code
Sections 152(b)(1), (b)(2), and (d)(1)(B)); (ii) the purchase (excluding mortgage payments) of a principal residence for the
Participant; (iii) payment of tuition, related educational fees, and room and board expenses, for the next 12 months of post-secondary
education for the Participant, his spouse, children, or dependents (as defined in Code Section 152, and for taxable years beginning on
or after January 1, 2005, without regard to Code Sections 152(b)(1), (b)(2), and (d)(1)(B)); (iv) the need to prevent the eviction of the
Participant from, or foreclosure on the mortgage of, the Participant’s principal residence; or (v) any other distribution which is
deemed by the Commissioner of Internal Revenue to be made on account of immediate and heavy financial need as provided in
Treasury regulations.
RESTATEMENT DECEMBER 15, 2006 51 ARTICLE V (5-19047)