***Please keep this page for your records***

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1 HARDSHIP CHECKLIST Please use this checklist to ensure that you have completely and accurately filled out the application. All documentation will be reviewed and does not guarantee the approval of your request. In some cases, additional documentation may be requested. Before completing the checklist, please note the following: A hardship is a withdrawal from your account, therefore tax consequences will apply. It is NOT a loan. The documents submitted will not be returned to you. Your hardship application will be reviewed within 10 business days of receipt by Merrill Lynch. If your hardship is approved, your check will be mailed to you within 14 business days from the receipt of the application. Your check can only be mailed to the address listed on Merrill Lynch s record keeping system. If your request cannot be processed, you will receive notification via explaining the reason(s) why your request was denied. If you do not provide an address on the application, you will receive notification via regular mail. Have you Provided the necessary paperwork required for your hardship to be approved? Made copies of your application and necessary paperwork? The documents you submit will not be returned to you. Read the Important Disclosures Section on Page 2 of the application? Entered all personal information in Section 1, Page 2, including your address and phone number? Placed an (X) next to the hardship reason that you are applying for? Placed an (X) next to the appropriate person if you are applying for post-secondary education, medical, or burial/funeral expenses? Provided proof of dependency? This is only required if you are applying for post-secondary education, medical, burial/funeral expenses for a dependent. (See Dependency Section, Page 3) Entered your tax withholding election in Section 3, Page 6? Entered the amount that you would like your check to equal in Section 4, Page 6? Reviewed delivery methods in Section 5, Page 6? Signed and dated your application in Section 6, Page 6? ***Please keep this page for your records*** Page 1 of 7

2 RPC, Inc. 401(k) Plan Plan # Hardship Withdrawal Application FAILURE TO PROVIDE THE REQUIRED DOCUMENTATION WILL RESULT IN THE DENIAL OF YOUR REQUEST Please read the following important disclosures carefully before completing this form. Important Disclosures You must certify that you have no other source of funds to cover this hardship expense and that you have obtained all other withdrawals and loans available under any company-sponsored Plan. (Please see section 6 on page 6 for loan waiver) To find out how much money you have available for a hardship, please log on to or call to speak to a representative. If outside the U.S., please call If you apply for multiple hardship reasons but do not qualify for all, you will be approved for the reason(s) for which you submitted appropriate documentation. The IRS and the Plan rules permit a hardship payout of your 401(k) Plan contributions (but not the earnings on your contributions). The amount you withdraw cannot be greater than what is required to satisfy the financial need plus what is required to pay the taxes and penalties you owe as a result of the withdrawal. Your hardship check will be sent to the address listed on Merrill Lynch's record keeping system. MERRILL LYNCH WILL COMPLETE THE REVIEW OF YOUR APPLICATION WITHIN 10 BUSINESS DAYS FROM ITS RECEIPT. IF APPROVED, YOUR CHECK WILL BE SENT BY MERRILL LYNCH WITHIN 4 BUSINESS DAYS AFTER THE APPROVAL OF YOUR APPLICATION. IF YOUR APPLICATION IS DENIED, WE WILL CONTACT YOU AT THE ADDRESS YOU PROVIDE IN THE SECTION BELOW. IF YOU DO NOT PROVIDE AN ADDRESS YOU WILL RECEIVE NOTIFICATION VIA U.S. MAIL AT YOUR ADDRESS ON OUR RECORDS. 1. Participant Identification Please Print ALL Information Social Security Number Name: Last First Middle Initial Home Address: Apt.#: City: State: Zip: Address: Date: Date of Birth MMDDYYYY Day Time Phone Number (Area Code First) Evening Phone Number (Area Code First) IMPORTANT: Hardship checks will only be mailed to the address listed on Merrill Lynch s record keeping system. If the address above does not match the address on your account, please contact your Human Resource Department. If your address is outside the United States, please ask your Human Resource Department for any additional required IRS tax forms. Page 2 of 7

3 2. Hardship Reasons The hardship reason(s) for which you may apply and MUST provide the supporting documentation for are: A. Post-Secondary Education B. Burial or Funeral C. Medical D. Construction of Principal Residence E. Purchase of Principal Residence F. Eviction from Principal Residence G. Foreclosure on Principal Residence H. Casualty ***Dependency*** If applying for Post-Secondary Education, Medical, or Burial/Funeral the appropriate person is a dependent You must prove dependency by: Submitting the first page of your most recent Federal income tax return (e.g. Form 1040, 1040A or 1040EZ) that lists the dependent s names and his/her relationship to you (OR) by submitting a document from your Health Insurance provider indicating that this individual is a dependent. If the person that you are claiming as a dependent is not listed on your most recent Federal income tax return and you cannot provide an appropriate health insurance provider document, by signing this application in Section 6, Page 6, you are certifying that the person with respect to whom Post- Secondary Education, Medical or Burial/Funeral expenses have been incurred is your dependent for these purposes. ***Please Note: You must mail Merrill Lynch the proof of dependency along with the necessary paperwork required for approval. Please review the section of this application that is dedicated to your hardship type for the necessary paperwork*** A. Post Secondary Education The payment of tuition, related educational fees and room and board expenses for current or future terms (not greater than 12 months in the future) of post-secondary education. This includes college, masters, other graduate degree courses, trade schools, or vocational education which is intended to enhance your job skills. Please note pre-existing expenses cannot be reimbursed (i.e., outstanding balances from prior terms). Place an (X) next to the appropriate person: The tuition expenses are for: 1) Myself 2) My Spouse 3) My Child 4) My Dependent (IF DEPENDENT, you must see top of Page 3) A bill or letter from the institution ON SCHOOL LETTERHEAD dated no more than 60 days prior to receipt of your application by Merrill Lynch that states the following: 1. Student s name 2. Term(s) and Year(s) for which the student has registered (e.g. Fall 20XX, Winter 20XX, Spring 20XX, Summer 20XX) 3. A list of costs for tuition, on-campus housing, books, and fees for current or future terms (not greater than 12 months in the future) Please note: Requests to pay student loans DO NOT qualify 4. Current amount due less financial aid received B. Burial or Funeral Expenses Payment for burial or funeral expenses. Please note: In-laws do not qualify as your parents. Place an (X) next to the appropriate person. The burial or funeral expenses are for: 1) My Spouse 2) My Parent 3) My Child 4) My Dependent (IF DEPENDENT, you must see top of Page 3) A copy of a receipt from the funeral parlor, crematorium and/or cemetery Page 3 of 7

4 C. Medical Unreimbursed medical expenses The medical expense must be of a type that qualifies under the Internal Revenue Code. The medical expenses must be unpaid. A notice from a collection agency alone is NOT sufficient proof of hardship. We also cannot accept a balance forward. Place an (X) next to the appropriate person. The medical expense is incurred by: 1) Myself 2) My Spouse 3) My Dependent (IF DEPENDENT, you must see top of Page 3) Place an (X) next to the medical hardship reason below (1 3) for which you are applying 1. The claim has already been incurred and is covered in part by health insurance. An outstanding itemized bill from the health care provider (OR) an explanation of benefits from your health insurance carrier for unpaid medical expenses. This document must be dated no more than 120 days prior to receipt of your application by Merrill Lynch and include: 1. The patient s name 2. A list of service(s) provided 3. The service provider s name and address 4. The current amount due 2. The claim has already been incurred and is not covered in any part by health insurance. An outstanding itemized bill from the health care provider dated no more than 120 days prior to receipt of your application by Merrill Lynch that includes: 1. The patient s name 2. A list of service(s) provided 3. The service provider s name and address 4. The current amount due You must provide 1 of the following: 1. A bill that states the insurance was not applicable and the balance is still outstanding 2. A letter from your insurance provider stating that the claim is not covered by insurance 3. A signed statement from you indicating you do not have insurance to cover this claim 3. The claim has not yet been incurred, but pre-payment is required. An outstanding itemized bill from the health care provider dated no more than 120 days prior to receipt of your application by Merrill Lynch that includes: 1. The patient s name 2. A list of service(s) to be provided 3. The service provider s name and address 4. A statement that indicates pre-payment is required 5. The pre-payment amount You must provide 1 of the following: 1. A predetermination of benefits from your insurance provider 2. A letter from the insurance provider stating there is no insurance policy that covers this claim 3. A signed statement from you indicating you do not have insurance to cover this claim D. Construction of Principal Residence The construction of principal residence (Construction must be for your principal residence. This does not include your vacation home, second home or the construction of buildings such as garages, barns or other home improvements). YOU MUST PROVIDE ONE FROM EACH BULLET: A copy of a signed purchase agreement for the purchase of land (OR) a deed to land that is in your name A copy of a signed construction contract (OR) a signed declaration stating that you have an immediate intention to build your principal residence Page 4 of 7

5 E. Purchase of Principal Residence The purchase of a principal residence for myself (excluding mortgage payments. It must be your principal residence, not your vacation or second home. This includes a mobile home (on blocks), but does not include the construction of buildings such as garages, barns or other home improvements. The amount you request cannot exceed your down payment plus your closing cost. A complete purchase agreement that includes the following: 1. The purchase price 2. A closing date (in the future) 3. The signatures of the buyer and seller 4. The street address of the property being purchased F. Eviction from Principal Residence The need to prevent eviction from my principal residence. (Eviction address MUST match the address on your account) If your permanent address on Merrill Lynch s record keeping system is a P.O. Box, your signature in Section 6, Page 6, of this application attests to the fact that you are being evicted from your principal residence. Correspondence requesting payment (e.g. late notice) without threatening eviction WILL NOT be sufficient. NOTE: The originator of the eviction notice may be contacted by a representative for additional information. By signing this application you authorize such contact. A copy of a letter from the landlord dated no more than 30 days prior to receipt of your application by Merrill Lynch indicating you are going to be evicted. The letter must include: 1. The amount that is needed to prevent eviction 2. The eviction address 3. The landlord s name, address and phone number 4. The letter is to be on the rental company s letterhead (OR) the letter must be notarized G. Foreclosure on Principal Residence The need to prevent foreclosure on my principal residence. (Foreclosure address MUST match the address on your account) If your permanent address on Merrill Lynch s record keeping system is a P.O. Box, your signature in Section 6, Page 6, of this application attests to the fact that your principal residence is being foreclosed upon. Correspondence requesting payment (e.g. notice of default) without threatening foreclosure WILL NOT be sufficient. NOTE: The originator of the foreclosure notice may be contacted by a representative for additional information. By signing this application, you authorize such contact. A copy of a letter from the mortgage company dated no more than 30 days prior to receipt of your application by Merrill Lynch indicating foreclosure is imminent. The letter must include: H. Casualty 1. The amount that is needed to prevent foreclosure 2. The address of the property being foreclosed upon 3. The mortgage company s name, address, and phone number 4. The letter is to be on the mortgage company s letterhead (OR) on the letterhead of a legal representative of the mortgage company Expenses for the repair of damage to the employee's principal residence that would qualify for the casualty deduction under Section 165 of the Internal Revenue Code (determined without regard to whether the loss exceeds 10% of adjusted gross income). In order to qualify, the damage to your principal residence must be due to fire, storm or other destruction resulting from an identifiable event of a sudden, unexpected and unusual nature (ex. bursting water pipes, natural gas explosion, falling tree) that is not compensated by insurance or otherwise. YOU MUST PROVIDE ONE FROM EACH BULLET: A copy of the insurance claim estimate that indicates the cause of damage (OR) a FEMA statement (OR) other evidence of the cause of damage (which may include a written contractor estimate that refers to the cause of the damage) A copy of a construction contract (OR) a written estimate from a contractor ***Please note: You will only be approved for the difference between the amount FEMA/Insurance Company will cover and the amount needed to repair your home*** Page 5 of 7

6 3. Income Tax Withholding A withdrawal (except for any after-tax contributions) is subject to income tax in the year the check is dated and may be subject to Federal and state penalties. The special tax notice regarding plan payments you have received with your participant statement contains detailed information on Federal taxes and penalties. We recommend that you consult a tax advisor before completing this application. Please complete the following. 1. Federal taxes. For taxable amounts withdrawn (select one box below and complete tax withholding % if necessary): Do not withhold Withhold % (whole percentage) ***Please note: If you do not select a tax withholding %, we will withhold 10%*** 2. State taxes. Depending on the state in which you reside, state taxes may be withheld automatically. 3. Outside U.S. If your address is outside of the U.S. (check one box below): I have attached IRS Form W-9 (I am a Non-Resident Citizen). Withhold Federal taxes accordingly. I have attached IRS Form W-8 (I am a Non-Resident Alien) and Form 1001 (if applicable). Withhold Federal taxes accordingly. 4. Payment Instructions The amount I would like my check to be (AFTER taxes are withheld) is $. If the amount you request is greater than the maximum available to you, we will process your hardship for the maximum available minus your tax withholding election. If you do not enter an amount, your check will equal the amount you qualify for. The amount of your check may be reduced if: You do not have enough funds available for withdrawal in your account You do not qualify for this amount based on the supporting documents that you provide You do not have enough funds to cover the withdrawal plus the tax withholding election 5. Check Delivery Merrill Lynch will complete the review of your application within 10 business days from its receipt. If approved, your check will be sent by Merrill Lynch within 4 business days of approval for check processing. The additional 4 business days are necessary for the sale and settlement of the investment in your account used to fund your hardship withdrawal. The settlement period CANNOT be expedited. After settlement, your check will be sent via First Class U.S mail or, if you elect below, via UPS to the permanent address on Merrill Lynch s record keeping system. If you would like to have your check sent overnight via UPS after the settlement period has elapsed, please check the box below. A $20 fee will be deducted from your account for this service. Please note that UPS WILL NOT deliver to a P. O. Box. If you have a P.O. Box on Merrill Lynch s record keeping system your check will be sent to that address via regular mail even if you check the box below. By checking this box I authorize Merrill Lynch to send my check overnight via UPS after the settlement period has elapsed. I also understand a $20 fee will be deducted from my account for this service. If for any reason your check is not sent via UPS, it will be sent through First Class US mail, and you will not be charged the fee. 6. Certification of Hardship/Participant Signature By signing below, I certify that: 1. All of the information I have given above is true and correct. 2. I have read and understand the Important Disclosures Section at the top of Page All bills I have submitted have not been paid. I also certify that within the last 180 days I have received and read the Special Tax Notice Regarding Plan Payments explaining the tax consequences of my withdrawal options. The Special Tax Notice is available for review at I am aware that the IRS recommends that I take 30 days to consider my withdrawal options. I further understand that by signing and returning this distribution application, I am waiving my right to the 30-day waiting period. I authorize implementation of the above instructions. Participant Signature X Date I would like to make a hardship withdrawal from my 401(K) account without applying for all available loans. By initialing here X, I certify that I cannot take out a loan because I cannot afford to make loan payments. If your hardship withdrawal is to pay for Post-Secondary Education, Medical or Burial/Funeral expenses of your dependent, but such dependent is not listed on your federal income tax return, by signing this application above, you hereby certify that the person with respect to which Post- Secondary Education, Medical or Burial/Funeral expenses for which you are applying is your dependent for purposes of your eligibility to take a hardship withdrawal. ***Please review the 401(k) Hardship Checklist*** Please make a copy of this form for yourself, and return the original to: Merrill Lynch Retirement & Benefit Plan Services; Page 6 of 7

7 1400 American Blvd, NJ ; Pennington, NJ OR By Fax: Applications can only be faxed if there are no notarized documents included Page 7 of 7