The Hartford 2008 Annual Report Download - page 748

(B) a person whose terms and conditions of employment are determined by a collective bargaining agreement with the
Company which does not make this Plan applicable to him or her, or
(C) a person who is eligible for participation in any of the following plans being maintained by certain Canadian
affiliates of the Company: the Hartford Fire Insurance Company Retirement Savings Plan, the Hartford Fire Insurance
Company Deferred Profit Sharing Plan, and the Hartford Fire Insurance Company Employee Profit Sharing Plan or any
successor to the foregoing plans, or
(D) prior to January 1, 2006, a person who is an employee of Planco Financial Services, Inc., other than a regular
hourly or salaried full-time or part-time commissioned wholesaler or a regular hourly or salaried full-time or part-time
administrative assistant to such a wholesaler, or
(E) a person who is a leased employee (within the meaning of Code Section 414(n)(2)) of the Company or is otherwise
employed through a temporary help firm, technical help firm, staffing firm, employee leasing firm, or professional
employer organization, regardless of whether such person is an Employee of the Company, or
(F) A person who performs services for the Company as an independent contractor or under any other non-employee
classification, or who is classified by the Company as, or determined by the Company to be, an independent contractor,
regardless of whether such person is characterized or ultimately determined by the Internal Revenue Service or any
other Federal, State or local government authority or regulatory body to be an employee of the Company or its affiliates
for income or wage tax purposes or for any other purpose.
Notwithstanding any provision in the Plan to the contrary, if any person is an Ineligible Person, or otherwise does not
qualify as an Eligible Employee, or otherwise is ineligible to participate in the Plan, and such individual is later required by
a court or governmental authority or regulatory body to be classified as a person who is eligible to participate in the Plan,
such person shall not be eligible to participate in the Plan, notwithstanding such classification, unless and until designated as
an Eligible Employee by the Plan Administrator, and if so designated, the participation of such person in the Plan shall be
prospective only.
Further, in addition to the foregoing, to the extent that any particular individual is excluded from participation in the Plan for
one of the reasons set forth above or any other reason, and such individual is later required by a court or governmental
authority or regulatory body to be allowed to participate in the plan for past or future periods because such exclusion is
found to be improper, such person shall, to the extent such person would have met the applicable Internal Revenue Code
definition of “highly compensated employee,” “highly compensated individual,” or “part-time employee” for any part of
such periods, be deemed to have been excluded from the Plan for such periods (including past, present and future periods),
and shall continue to be excluded from the Plan for such periods (including past, present and future periods), for the
independent reason that such person qualified and/or qualifies as a “highly compensated employee,” a “highly compensated
individual,” or a “part-time employee,” as applicable, who properly may be excluded from participation in the Plan.
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Source: HARTFORD FINANCIAL S, 10-K, February 12, 2009