Section 4. Definitions.

Section 4.1. Election Period: The period which begins on the first day of the plan year in which the participant attains age 35 and ends on the date of the participant's death. If a participant separates from service prior to the first day of the plan year in which the participant attains age 35, the election period with respect to benefits accrued prior to separation shall begin on the date of separation.

Pre-age 35 waiver: A participant who will not yet attain age 35 as of the end of any current plan year may make a special qualified election to waive the qualified preretirement survivor annuity for the period beginning on the date of such election and ending on the first day of the plan year in which the participant will attain age 35. Such election will not be valid unless the participant receives a written explanation of the qualified preretirement survivor annuity in such terms as are comparable to the explanation required under section 5.1. Qualified preretirement survivor annuity coverage will be automatically reinstated as of the first day of the plan year in which the participant attains age 35. Any new waiver on or after such date shall be subject to the full requirements of this article.

Section 4.2. Earliest Retirement Age: The earliest date on which, under the plan, the participant could elect to receive retirement benefits.

Section 4.3. Qualified Election: A waiver of a qualified joint and survivor annuity or a qualified preretirement survivor annuity. Any waiver of a qualified joint and survivor annuity or a qualified preretirement survivor annuity shall not be effective unless: (a) the participant's spouse consents in writing to the election; (b) the election designates a specific alternate

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beneficiary, if applicable, including any class of beneficiaries or any contingent beneficiaries, which may not be changed without spousal consent (or the spouse expressly permits designations by the participant without any further spousal consent); (c) the spouse's consent acknowledges the effect of the election; and (d) the spouse's consent is witnessed by a plan representative or notary public. Additionally, a participant's waiver of the qualified joint and survivor annuity will not be effective unless the election designates a form of benefit payment which may not be changed without spousal consent (or the spouse expressly permits designations by the participant without any further spousal consent). If it is established to the satisfaction of a plan representative that such written consent may not be obtained because there is no spouse or the spouse cannot be located, a waiver will be deemed a qualified election.

Any consent by a spouse obtained under this provision (or establishment that the consent of a spouse may not be obtained) shall be effective only with respect to such spouse. A consent that permits designations by the participant without any requirement of further consent by such spouse must acknowledge that the spouse has the right to limit consent to a specific beneficiary, and a specific form of benefit where applicable, and that the spouse voluntarily elects to relinquish either or both of such rights. A revocation of a prior waiver may be made by a participant without the consent of the spouse at any time prior to the commencement of benefits. The number of revocations shall not be limited. No consent obtained under this provision shall be valid unless the participant has received notice as provided in section 5 below.

Section 4.4. Qualified Joint and Survivor Annuity: An immediate annuity for the life of the participant with a survivor annuity for the life of the spouse which is not less than 50% and not more than 100% of the amount of the annuity which is payable during the joint lives of the participant and the spouse and which is the actuarial equivalent of the normal form of benefit, or, if greater, any optional form of benefit. The percentage of the survivor annuity under the plan shall be 50% (unless a different percentage is elected by the employer in the adoption agreement).

(Note to reviewer: If the language in parentheses is used, a provision should be added to the adoption agreement to enable the employer to elect the percentage of the survivor annuity, which cannot be less than 50% nor more than 100%. This language is not provided.)

Section 4.5. Qualified Optional Survivor Annuity: An immediate annuity for the life of the participant with a survivor annuity for the life of the spouse which is equal to the applicable percentage of the amount of the annuity which is payable during the joint lives of the participant and the spouse, and which is the actuarial equivalent of the normal form of benefit. If the percentage of the qualified joint and survivor annuity is less than 75%, the applicable percentage is 75%. If the percentage of the qualified joint and survivor annuity is greater than or equal to 75%, the applicable percentage is 50%.

Section 4.6. Spouse (surviving spouse): The spouse or surviving spouse of the participant, provided that a former spouse will be treated as the spouse or surviving spouse and a current spouse will not be treated as the spouse or surviving spouse to the extent provided under a qualified domestic relations order as described in IRC 414(p).

Section 4.7. Annuity Starting Date: The first day of the first period for which an amount is paid as an annuity or any other form.

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The annuity starting date for disability benefits shall be the date such benefits commence if the disability benefit is not an auxiliary benefit. An auxiliary benefit is a disability benefit which does not reduce the benefit payable at normal retirement age.

(Note to reviewer: The following provision is required only if the plan provides for suspension of benefits in accordance with LRM #55. The blanks should be filled in with the plan section number which corresponds to LRM #55.)

If benefit payments in any form are suspended pursuant to section ___ of the plan after an employee separates from service and begins receiving benefit payments, the recommencement of benefit payments after the suspension is not treated as a new annuity starting date. If benefit payments in any form are suspended pursuant to section _____ of the plan for an employee who continues in service without a separation and who does not receive a benefit payment, the commencement of benefit payments shall be treated as the employee’s annuity starting date.

Section 4.8. Vested Accrued Benefit: The value of the participant's vested accrued benefit derived from employer and employee contributions (including rollovers). The provisions of this article shall apply to a participant who is vested in amounts attributable to employer contributions, employee contributions, or both at the time of death or distribution.