Section 3. If elected by the employer in the adoption agreement, the frozen accrued…

(as adjusted under sections 2.1 through 2.3 above, as applicable) of each participant other than IRC 401(a)(17) participants in the fresh-start group will be adjusted in accordance with one of the methods set forth in section 4 below. The frozen accrued benefit of all IRC 401(a)(17) participants will be determined in accordance with the special adjustment applicable to IRC 401(a)(17) participants in section 5 below.

Section 3.1. An IRC 401(a)(17) participant includes a Tax Reform Act of 1986 (TRA '86) IRC 401(a)(17) participant as well as an Omnibus Budget Reconciliation Act of 1993 (OBRA '93) IRC 401(a)(17) participant. A TRA '86 IRC 401(a)(17) participant means a participant

26 | Defined Benefit Plan LRM Package 06/2026

whose accrued benefit as of a date on or after the first day of the first plan year beginning on or after January 1, 1989, is based on compensation for a year beginning prior to the TRA '86 statutory effective date that exceeded $200,000. An OBRA '93 IRC 401(a)(17) participant means a participant whose accrued benefit as of a date on or after the first day of the first plan year beginning on or after January 1, 1994, is based on compensation for a year beginning prior to the first day of the first plan year beginning on or after January 1, 1994, that exceeded $150,000.