NOTICE OF RIGHTS AND OBLIGATIONS UNDER C & A INDUSTRIES, INC. 401(k) PROFIT SHARING PLAN

Transcription

1 NOTICE OF RIGHTS AND OBLIGATIONS UNDER C & A INDUSTRIES, INC. 401(k) PROFIT SHARING PLAN TO: FROM: All Eligible Employees of C & A Industries, Inc. 401(k) Profit Sharing Plan C & A Industries, Inc. - Plan Administrator DATE: November, 2018 The C & A Industries, Inc. 401(k) Profit Sharing Plan (the "Plan") is a profit sharing plan with Section 401(k) features that permit participants to make pre-tax salary reduction contributions to the Plan. The Plan is intended to comply with a design-based safe harbor under the federal tax laws which requires a fixed rate of matching contributions to be made to the Plan by your Employer with respect to the salary reduction contributions that are made by eligible Employees. The Employees who are eligible to participate in the Plan are to be notified each year of their rights and obligations with regard to the designbased safe harbor and related provisions of the Plan. The following description of certain rights and obligations that you have as a Participant in the Plan is intended to satisfy the special notice requirement for designbased safe harbor plans. A more complete description of the Plan is contained in your Summary Plan Description, and this Notice should be read in conjunction with the Summary Plan Description. A copy of the current Summary Plan Description is always available upon request of the Plan Administrator. 1. Eligibility. There are two sources of contributions to the Plan: Salary Reduction Contributions by Employees pursuant to Salary Reduction Agreements with the Employer, and Matching Contributions made by the Employer. Each source of contribution has different eligibility requirements. (a) Salary Reduction Contributions. An Employee is eligible to participate in the Plan and make Salary Reduction Contributions on the first day of the month coinciding with or next following the date the Employee completes three months of service and attains age 18. Generally, an employee is credited with three months of service when the Employee completes 250 Hours of Service during a 3- month eligibility computation period. The initial 3-month computation period begins on the Employee's date of hire. Subsequent 3-month contribution periods begin each month thereafter. Employees who provide temporary or contract services to clients and customers of the sponsoring Employers will be eligible to participate in the Plan upon meeting the foregoing requirements. (b) Matching Contributions. An Employee is eligible to receive a Matching Contribution on the first day of the month coinciding with or

2 next following the date the Employee completes one Year of Service and attains age 18. Generally, a Year of Service is credited when the Employee completes 1,000 Hours of Service during a 12-month eligibility computation period. The initial 12-month computation period begins on the Employee's date of hire. Subsequent 12-month contribution periods begin each month thereafter. 2. Contributions. The two types of contributions to the Plan may be made as follows: (a) Salary Reduction Contributions. Salary Reduction Contributions are made at the election of the Employee through a voluntary and periodic deduction of the contribution from the Employee's salary or wage. For this purpose, all compensation that is payable to the Employee is subject to the salary reduction election, including bonuses and overtime pay. Salary Reduction Contributions can be made either on a pre-tax basis (Regular 401(k) contributions) or on an after-tax basis (Roth 401(k) contributions). If you do not make any designation of your Salary Reduction Contributions as Roth 401(k) contributions, all of your Salary Reduction Contributions to the Plan shall be made on a pre-tax basis. (1) Regular 401(k) Contributions. The amount you elect to contribute as a Regular 401(k) contribution on a pre-tax basis, and any earnings on that amount, will not be subject to income tax until it is actually distributed to you from the Plan. The amount of the Salary Reduction Contribution will, however, continue to be subject to Social Security taxes. (2) Roth 401(k) Contributions. The amount you elect to contribute as a Roth 401(k) contribution will be on an after-tax basis subject to income tax and Social Security taxes at the time your deferred compensation would otherwise have been paid to you. Earnings accumulate on the amount tax-free. When the amount is withdrawn from the Plan in a qualifying distribution you will pay no taxes on the Roth 401(k) contribution or any earnings thereon. The amount of an Employee's Salary Reduction Contribution is subject to an annual dollar limit of the lesser of 60% of eligible compensation or $19,000 for If an eligible Employee will be 50 years-old on or before December 31, 2019, then the Employee may elect to make an additional catch-up Salary Reduction Contribution 2

3 to the Plan. The maximum amount of the catch-up Salary Reduction Contribution for 2019 is $6,000. If you became eligible to participate in the Plan on or after January 1, 2017, if you are classified by the Employer as an "in-house employee", and if you do not otherwise elect, you will be automatically enrolled in the salary reduction feature of the Plan at a pre-tax Salary Reduction Contribution rate of 5% of your compensation. Unless or until you otherwise elect, such contribution rate will automatically increase by 1% annually until your contribution rate for pre-tax Salary Reduction Contributions is equal to 10% of your compensation. You may opt out of such automatic enrollment and automatic increases at any time by making a new election (including an election not to participate) in accordance with the procedures set forth in the following paragraph. To make a salary reduction election, call the Fidelity Retirement Benefits Line at or access the NetBenefits SM web site at If you require further assistance, please contact your Plan Administrator. The new election will take effect as of the first day of the following month. Salary Reduction Contributions will be remitted to the Plan's Trust for investment as soon as administratively practicable, and in no event later than the 15 th day of the month following the month the contribution is deducted from the Employee's salary or wage. (b) Matching Contributions. Each Plan Year, Matching Contributions are made by the Employer for each eligible Employee who makes Salary Reduction Contributions in that year. The annual Matching Contribution on behalf of each Employee will be equal to (i) 100% of the Employee's Salary Reduction Contributions that do not exceed 3% of the Employee's compensation for such year, plus (ii) 50% of the Employee's Salary Reduction Contributions that exceed 3% of the Employee's compensation but do not exceed 5% of the Employee's compensation for such year, plus (iii) 100% of the Employee's Salary Reduction Contributions that exceed 5% of Employee's compensation but do not exceed 6% of the Employee's compensation for such year. EXAMPLE: If an Employee's total Salary Reduction Contribution for the year is 6% of his or her compensation, the total Matching Contribution for that year will equal 5% of the Employee's compensation. 3

4 Matching Contributions that are required for any Plan Year must be remitted to the Trust for investment no later than 12 months after the close of such year. However, Matching Contributions may be remitted from time to time during the Plan Year instead of one time after the close of such year. 3. Midyear Changes to Safe Harbor Contributions. The Plan may be amended during the Plan Year to reduce or suspend required safe harbor Matching Contributions or safe harbor non-elective contributions, as applicable. If the Plan is so amended during the Plan Year, the reduction or suspension of the required safe harbor Matching Contributions or safe harbor non-elective contributions will not apply until at least 30 days after all eligible Employees are provided adequate notice of such reduction or suspension. 4. Vesting. Your Salary Reduction and Matching Contributions to the Plan, and any earnings on such contributions, are nonforfeitable. However, the value of your vested Plan benefit is subject to change due to loss and depreciation of Plan assets and the payment of Plan expenses which are properly charged to your Plan account. 5. Withdrawals and Distributions. Your Plan account may be distributed in the following circumstances: (a) Termination of employment; (b) Normal retirement age (65); (c) (d) (e) After death, to your designated beneficiary or beneficiaries; Termination of the Plan (unless a successor retirement plan is established or maintained); and Certain in-service withdrawals, including the following: (1) Hardship Withdrawals. The Plan permits the distribution of your previous Salary Reduction Contributions (including earnings) in the event of a "financial hardship" (as defined in the Plan). The amount of the distribution is limited to the amount needed to alleviate the financial hardship. A detailed discussion of the Plan's hardship distribution provisions appears in the Summary Plan Description. 4

5 (2) Age 59½ Withdrawals. You may withdraw all or a portion of your entire vested account if you have reached age 59½, even if you are still employed by the Employer. (3) Withdrawals of Rollover Contributions. You may withdraw all or a portion of the balance in your rollover contributions account. (4) Withdrawal of Participants Performing Qualified Military Service. If you are performing Qualified Military Service, you may elect to withdraw during your active duty period. You will be suspended from making any contributions for 6 months following the distribution which may be subject to tax. (5) Loans. Loans from your vested account balance may be available. A more detailed discussion of the Plan's loan procedures appears in the Summary Plan Description. All distributions from the Plan will be in the form of a single lump sum cash payment. No installment forms of distribution are permitted. 6. Additional Contributions Available Under the Plan. In addition to the safe harbor contributions described above, the Plan provides other contributions which may generally be withdrawn upon death, attainment of the Plan's normal retirement age (65), termination of employment, or Plan termination. (a) (b) (c) Employee Rollover Contributions. You can roll over part or all of an eligible rollover distribution you receive from another qualified retirement plan. Your rollover contributions are always 100% vested and non-forfeitable. Discretionary Nonelective Contributions. Your Employer may make discretionary nonelective contributions to your account if you have completed at least 1,000 hours of service during the Plan Year and are employed as of the last day of the Plan Year. Your discretionary nonelective contributions are always 100% vested and nonforfeitable. Qualified Nonelective Contributions. Your Employer may allocate all or a portion of any nonelective contributions to certain non-highly compensated employees to help the Plan pass one or more annually required Internal Revenue Code non-discrimination test(s). You will be 100% vested in these contributions. 5

6 7. Plan Investments. Procedures have been established under the Plan which require each Participant to direct the investment of his or her Plan account among available investment options. Specific information and instructions regarding your right to direct the investment of your Plan account will be provided in separate notice and disclosure materials when these investment options are established. 8. Questions and Additional Information. If you have any questions regarding this Notice or your rights and obligations under the Plan, please contact the Plan Administrator, in care of Cindy Larson, C & A Industries, C & A Plaza, California Street, Suite 500, Omaha, Nebraska 68154; telephone: (402) DOCS/