SUMMARY PLAN DESCRIPTION ST. BERNARDS 403(B) RETIREMENT PLAN

Transcription

1 SUMMARY PLAN DESCRIPTION ST. BERNARDS 403(B) RETIREMENT PLAN To Plan Participants: This Summary Plan Description is being furnished to you as a participant (or a beneficiary of a participant) in the St. Bernards 403(b) Retirement Plan. It is intended to explain the highlights of the plan to you in an easy-to-understand fashion. This is a summary of the plan as in effect on January 1, IN THE EVENT OF ANY DIFFERENCES BETWEEN THIS SUMMARY PLAN DESCRIPTION AND THE ACTUAL PROVISIONS OF THE PLAN, THE ACTUAL PROVI- SIONS OF THE PLAN WILL CONTROL. A copy of the actual plan documents are available for inspection at the office of the plan administrator (or the employer). They should be consulted for more detailed information concerning the plan. You should ask the plan administrator or employer for assistance if there is any plan provision which you do not understand. TABLE OF CONTENTS 1. General Information 2. Administration of Plan 3. Eligibility 4. Employee Contributions 5. Employer Contributions 6. Investments 7. Benefits 8. Distribution of Benefits 9. Loans and In-Service Distributions 10. Miscellaneous 11. Computation Periods 12. Claims Procedure

2 1. GENERAL INFORMATION The plan name is the St. Bernards 403(B) Retirement Plan. The employer of the employees covered by the plan is St. Bernard s Hospital, Inc. dba St. Bernards Medical Center, 225 E. Jackson #41, Jonesboro, Arkansas The employer identification number of the employer is The plan number assigned by the employer to the plan is 002. The plan is a 403(b) plan. Each year you may elect to defer a portion of your compensation by having amounts deducted from your paycheck. The amounts deducted from your paycheck are not subject to federal or state income tax (but are subject to social security tax and Medicare tax). The plan is funded exclusively through a custodial account with TIAA-CREF. The contribution on behalf of each employee is accumulated by the trustee until death, disability, retirement, termination of work, age 59 ½ or certain financial hardships. All or part of the funds on hand for an employee are then paid to the employee or his beneficiary. All benefits payable to you under the plan are in addition to any benefits to which you may be entitled under social security. 2. ADMINISTRATION OF PLAN The employer serves as plan administrator of the plan. The address and telephone number of the plan administrator are 225 E. Jackson #41, Jonesboro, Arkansas 72401, The agent for service of legal process is the plan administrator. The effective date of the plan is January 1, The plan year ends on September 30 of each year. The plan year is the basis for calculating all contributions and benefits and for maintaining all records for the plan. The third party administrator for the plan is TIAA-CREF, 730 Third Avenue, New York, New York, 10017, A. Employee Contributions. 3. ELIGIBILITY All employees are eligible to make salary deferral contributions. You are eligible to make salary deferral contributions beginning with your first paycheck. Salary deferral contributions will begin on the first payroll date after the completed agreement to make salary deferral contributions is received by Human Resources, provided that a reasonable number of days advance notice may be required in order to process a payroll deduction.

3 B. Employer Matching Contributions. 1. Excluded employees. The following are not eligible for an employer contribution: (i) union employees; (ii) any person who is employed by a member of the St. Bernards controlled group which is not covered under the plan; (iii) (iv) nonresident aliens; leased employees; and (v) any employee hired on or before April 1, If an employee hired on or before April 1, 2011 terminates employment for any reason after September 30, 2012 and is rehired within six months of termination, such employee, if otherwise eligible, shall continue to be eligible to participate in the Retirement Plan for Employees of St. Bernards Medical Center (the defined benefit plan); if an employee is rehired more than six months after termination, such employee shall not be eligible to participate in the defined benefit plan but shall be eligible for the employer contributions under the 403(b) plan upon completion of the eligibility requirements. An Employee shall not be eligible for Employer contributions under the 403(b) plan at the same time that the employee is eligible to accrue a current benefit under the defined benefit plan. 2. Eligibility for non-excluded Employees. An Employee who is not excluded above will be eligible for Employer contributions on the entry date following completion of 1 Year of Service. For nonexcluded Employees who have satisfied the eligibility requirements as of January 1, 2013, such employees shall become eligible for Employer contributions on January 1, For nonexcluded employees who satisfy the eligibility requirements for Employer contributions after January 1, 2013, the entry date for becoming eligible for Employer contributions is the first day of the calendar quarter following satisfaction of such requirements. Example: Employee A was hired on April 1, Employee A became eligible for the defined benefit plan on October 1, 2010, but has elected not to contribute to the defined benefit plan. Because Employee A is eligible for the defined benefit plan, Employee A may make employee contributions to the 403(b) plan, but is not eligible for employer contributions under the 403(b) plan. Example: Employee B was hired on June 1, Employee B has more than 1 year of service on January 1, 2013, and becomes eligible for employer contributions under the 403(b) plan on January 1, Example: Employee C was hired on April Employee C completes a year of service on April 3, Employee C becomes eligible for employer contributions under the 403(b) plan on July 1, 2013.

4 4. EMPLOYEE CONTRIBUTIONS Each employee has the opportunity to have salary deferral contributions deducted from the employee s paycheck in an amount not to exceed an annually adjusted amount in any calendar year. The maximum total elective contribution may not exceed an annually adjusted amount in any calendar year. The annual amount for 2013 is $17,500. In addition, in any year in which you will have attained at least age 50 by the end of the year, you may defer an additional amount. The additional amount for 2013 is $5,500. In certain circumstances, a special 403(b) catchup amount may exceed $5,500. In no event can the total of all salary deferral contributions and employer contributions to the 403(b) plan exceed 100% of compensation. For this purpose compensation includes all compensation subject to federal income tax withholding, plus compensation that is not currently includable in the Participant's gross income because of the application of Code Sections 125, 403(b), 457(b) or 132(f)(4) through a salary reduction agreement; provided, that compensation shall not include reimbursements or other expense allowances, fringe benefits (cash and noncash), moving expenses, deferred compensation payments and welfare benefits. Salary deferral contributions" will not be included in your income for state or federal income taxes, but are subject to social security and Medicare taxes. The contributions are not taxed until withdrawn. Salary deferral contributions are 100% vested. Salary deferral contributions may be withdrawn only when you retire, become disabled, die or otherwise terminate your employment, attain age 59 ½ or upon a financial hardship (see Loans and In-Service Withdrawals section). EXAMPLE: Employee A earns $30,000 and elects to reduce his pay by $1,000 and have that amount contributed to the plan. Employee A pays income taxes on only $29,000. After your initial hire date, you may begin making salary deferral contributions, or change the percentage of compensation you are contributing, at any time. You may revoke an existing salary deferral agreement at any time. The plan administrator has additional information on salary deferral contributions. If you previously contributed to the voluntary-only 403(b) plan with Met Life, your account is being transferred to the funds at TIAA-CREF. If this applies to you, you are receiving information concerning this transfer. If you previously contributed to the voluntary-only plan with TIAA-CREF, any transfer to the new 403(b) Retirement Plan must be initiated by you. Check with TIAA-CREF on any transfer restrictions. You may not transfer amounts from the new 403(b) plan to another vendor except in the event you qualify for a distribution in the event of termination of employment or an in-service distribution. Amounts received as a lump sum distribution from another qualified plan, 403(b) plan or from an IRA may be contributed to the Plan by an employee as a "rollover contribution." Rollover contributions are 100% vested. Of course, rollover contributions are not matched. Rollover contributions are allocated to the rollover contribution account. You should consult the

5 Plan administrator if you have questions concerning rollover contributions. A participant may not make after-tax contributions to the Plan. 5. EMPLOYER CONTRIBUTIONS For each Employee eligible for Employer contributions, the Employer will make a matching contribution of 75% of Salary deferral contributions up to 6% of Compensation (maximum match of 4.5% of Compensation). Only Compensation after initial entry date is counted. The match is determined on a payroll period basis. It is anticipated that this matching contribution will be made on at least a quarterly basis. In addition to the matching contribution above, if an employee eligible for the Employer contribution makes salary deferral contributions of at least 1% of Compensation for that portion of the Plan Year for which the Employee is eligible and is employed on the last day of the Plan Year, the Employer shall make a contribution of 1% of Compensation. Only Compensation after the Employee s entry date is counted. For the Plan Year beginning January 1, 2013, for a Participant who is eligible for such 1% additional match and who had completed at least 1 year of service for eligibility purposes as of October 1, 2012, in addition to receiving the 1% additional match as provided above, such Participant will also receive such 1% match based on the Participant's Plan Compensation for the period beginning October 1, 2012 and ending December 31, For certain highly compensated employees (as the IRS defines the term), the Plan administrator may be required to limit the amount of your employer contributions, or refund certain excess matching contributions, to satisfy non-discrimination rules under the Internal Revenue Code. You will be notified of any limitation. 6. INVESTMENT OF YOUR ACCOUNT Each participant is given the opportunity to invest his account in one or more investment funds of varying risk and potential growth. Any income, gains or losses from the choices a participant makes will be allocated to such participant's account. The fact that the Plan is an individual account plan that permits you to exercise control over the assets of your accounts means that no Plan fiduciary, including the Trustee, shall be liable for any loss or expense which may arise or result from compliance with any investment directions. To illustrate, with respect to any of the mutual funds, the fund s value will fluctuate with the stock market. Accordingly, there is an element of risk associated with making this type of investment a risk to be borne by you, not a Plan fiduciary. More detailed information regarding any of the mutual funds can be obtained by reading the fund s prospectus, which will be provided to you. If you have questions about the funds, contact TIAA-CREF at

6 7. BENEFITS A. Normal Retirement. The normal retirement date for the plan is the date you reach age 65. There are no other conditions which must be met before a participant will be eligible to receive retirement benefits. A participant is always 100% vested upon reaching his normal retirement date. B. Early Retirement. There are no provisions for early retirement in the plan. C. Deferred Retirement. The retirement date for a participant who continues as an employee after reaching his normal retirement date is the date he quits working. A participant who continues working and who otherwise qualifies may continue to participate in the plan. D. Disability. If a participant becomes disabled while employed, he is 100% vested in the participant s account at the time of disability. A participant is disabled if eligible for disability benefits under social security. E. Termination of Service. Employees are vested in the Participant s Employer contributions under this Plan in accordance with the following vested schedule: Years of Service Vested Percentage Less than 2 0% 2 20% 3 40% 4 60% 5 80% 6 or more 100% See the Computation Periods paragraph for a definition of year of service. Vested means that part of a participant s account which belongs to the participant no matter what. It cannot be forfeited by the participant for any reason. A participant may elect to receive distribution of the participant s vested account at any time after termination of employment, provided the participant has not been reemployed before receiving a distribution.

7 F. Death. A participant who dies while employed or while in qualified military service is always 100% vested in his account as of the date of his death. A. Form of Distribution. 8. DISTRIBUTION OF BENEFITS If the participant s vested account is less than $5,000, distribution will be made in the form of a lump sum. If the participant s vested account is $5,000 or greater, distribution may be made in one of the following forms: (a) a lump sum distribution; (b) monthly, quarterly, semi-annual or annual installments payments under one of the following: (1) declining balance installments payments. (2) payment of a fixed amount; (3) payment of a fixed percentage of the Participant s Account; or (4) life expectancy installment payments. (c) payment in the form of an annuity for the life of the Participant, or for the lives of the Participant and an another person, with or without a term certain; (d) payment in the form of an annuity for the life of the Participant; or (e) a combination of the foregoing. A Participant who has elected an installment distribution option may change installment distribution options or select a lump sum of the balance at any time, subject to procedures established by the Plan Administrator. An annuity option, once elected, is irrevocable. B. Death Benefits. All death benefits must be paid to the participant's spouse, unless both the participant and spouse elect otherwise. The information and forms needed to designate a beneficiary other than a participant's spouse may be obtained from the plan administrator. If consent is obtained, a participant may designate a beneficiary to receive his death benefits. If a participant is unmarried and no designation is made, the participant's descendants, or if none, his estate, receive his death benefit. If a terminated participant dies before receiving his benefits, his beneficiary will receive the vested account. If you divorce from your spouse, if you want your account balance to go to anyone else upon your death, you must change your beneficiary designation regardless of what your divorce decree states. The plan will pay your vested account to your designated beneficiary.

8 C. Taxation of Distribution. Whenever you receive a distribution from the plan, it will normally be subject to income taxes. However, in some circumstances you may reduce or defer entirely, the tax due on your distribution through use of one of the following methods: (a) The rollover of all or a portion of a lump sum distribution to an IRA or another qualified retirement plan, provided certain time restrictions are met. (b) The direct rollover to an IRA or other qualified plan. Unless you elect a direct rollover, the trustees will withhold 20% federal income taxes (and, if you are an Arkansas resident, 5% Arkansas state income taxes) from most distributions. This is only a withholding; the actual tax on the distribution may be greater. If distribution is made to you prior to your age 59½ or retirement at age 55 and you do not roll the distribution into an IRA, a penalty tax of 10% of the taxable distribution will generally be imposed in addition to regular income tax. Whenever you receive a distribution, the plan administrator will deliver an explanation of these choices. However, you should consult qualified tax counsel before making a choice. A. Loans. 9. LOANS AND IN-SERVICE DISTRIBUTIONS A participant may borrow from the plan. The description below substitutes for a separate loan policy. 1. The maximum loan is the lesser of (a) $50,000 or (b) 50% of the participant's Employee contribution account balance. The minimum loan is $1,000. Unless the purpose of the loan is to acquire the participant's principal residence, all loans must be completely repaid in no more than 60 months. Loans used for a down payment on the participant s principal residence may be up to 120 months. 2. All loans must be paid by payroll deduction. Monthly or more frequent payments will be required. Loans will only be made to active participants. 3. The interest rate on any loan will be the Wall Street Journal prime rate, plus 1 percentage points, determined by TIAA-CREF at the time of the loan. The interest rate will not change for the life of the loan. 4. Interest paid on a loan will be credited to the participant's account. 5. A participant may have up to 2 loans at a time. Loans may not be refinanced. 6. All loans will be due and payable upon termination of employment or upon termination of the plan. If not paid, the outstanding balance will be deducted from his account. Such reduction will be treated as a taxable distribution at such time to the participant.

9 7. Loans will be taken on a pro rata basis from each of the Participant s investment accounts. 8. Loan payments will be reinvested according to the investment options for new contributions in effect at the time the loan payment is received. 9. The Participant will have the opportunity to prepay the loan and accrued interest at any time without penalty. 10. If a Participant with an outstanding loan has an military leave of absence, payments will not be required during the period of absence due to military service. Payments on such a loan must be paid within the maximum period of time for such leaves of absence. For nonmilitary leaves of absence, there is no extension of the time for making loan payments. A participant on unpaid leave of absence must continue to make such payments while on leave of absence. 11. Loan transaction fees. The plan s recordkeeper may charge origination and/or annual fees. The participant will bear all loan fees. 12. Applying for a loan. In order to apply for a loan, contact TIAA-CREF. B. In-Service Distributions. 1. Salary Deferral Account. A participant may withdraw from the participant s employee contribution account while employed after age 59 ½. A participant may withdraw his salary deferral contributions (but not earnings) before age 59 ½, retirement, death or disability only for the following purposes: (1) medical expenses incurred by you, a dependent or primary beneficiary; (2) downpayment by you on a principal residence; (3) tuition and related fees, room and board for up to twelve (12) months of post-secondary education for you, dependents or primary beneficiary; or (4) payment to prevent eviction from or foreclosure on your principal residence; (5) payments for burial or funeral expenses for the your deceased parent, spouse, children, dependents or primary beneficiary; or (6) expenses for the repair of damage to your principal residence due to fire, storm, flood or other casualty. If a participant makes a hardship withdrawal, he may not make salary deferral contributions for six (6) months.

10 2. Employer Contribution Account Distributions from the employer contribution account may not be made while a participant is employed, except that a participant who has reached the participant s normal retirement age may withdraw all or a portion of his account even though still working. 10. MISCELLANEOUS The plan is created for the benefit and protection of the participants and their beneficiaries and they may not pledge, sell, assign, or transfer their interests in the plan. However, the plan administrator may be required by law to recognize certain obligations you incur as a result of court ordered child support, alimony or property settlements. If such a qualified domestic relations order is received by the plan administrator, all or a portion of your benefits may be used to satisfy the obligation. If this applies to you, contact the plan administrator for a copy of the plan s qualified domestic relations order procedures. General expenses of the Plan shall be paid first by any revenue credits provided by investment options under the plan, and then allocated among the accounts of the Participants based on their respective account balances. The Plan Administrator may provide that administration expenses which are charged to the Plan on a per capita basis may be passed through on a per capita basis to the Participants. The Plan Administrator may provide that a different share of such expenses shall be paid by active participants and terminated participants. The Plan Administrator may also provide that expenses attributable to particular Participants accounts, such as distribution fees, qualified domestic relations order fees, and similar allocable expenses, may be paid from the affected Participant s accounts. The benefits under this plan are not insured by any governmental agency or instrumentality because no such insurance is available for plans of this type. At any time, the plan may be amended or discontinued by the employer. However, an amendment may not deprive a participant of the participant s vested percentage of his benefits or eliminate an optional form of benefit. On termination of the plan or contributions, the accounts of all participants shall become fully vested. If the plan is terminated, the benefits will be paid after deducting any appropriate expenses. 11. COMPUTATION PERIODS The basic measuring unit of time under the plan is a year of service. For vesting purposes, a year of service is a plan year (including years of service before the effective date of the plan) during which the Employee completes 1,000 or more Hours of Service with the Employer. For eligibility purposes, a year of service is the twelve month period beginning on the day an employee begins work for the Employer. The employee must complete 1,000 or more hours

11 of service within this twelve month period to earn a year of service. If he does not, the measuring period for eligibility becomes the plan year. A 1-year break in service is a 12 month period during which a participant completes less than 501 hours of service. One-year breaks in service can reduce the number of years counted for vesting purposes. However, special rules relate to certain paternity or maternity absences. Generally, the first 1-year break in service on account of pregnancy, birth or adoption of a child will not be counted. An hour of service is counted under special rules required by the Department of Labor. The technical definition is set out in the plan itself. You should contact the plan administrator if you have a question regarding hours of service. A participant must complete 6 years of service to be 100% vested under the plan. There is generally no provision for prorating contributions if a participant completes less than 1,000 hours in a plan year. For eligibility and vesting purposes, in the event that an employee of another member of the St. Bernards controlled group is transferred from such employer to St. Bernards Medical Center due to corporate restructuring, credit for service with the related employer shall be given; otherwise, credit for service with a related employer shall not be given for eligibility and vesting purposes. 12. CLAIM PROCEDURE Any participant or beneficiary may file with the plan administrator a written statement setting forth a claim for benefits. The written statement shall be signed and set forth the claim in a manner reasonably calculated to bring it to the plan administrator s attention. If a claim is wholly or partially denied, notice of the decision shall be furnished by the plan administrator to the claimant within ninety (90) days after receipt of the claim. If within such 90 days, the claim has neither been denied in writing nor granted, it shall be deemed denied on the 90th day. Any notice of denial of claim shall be written in a manner calculated to be understood by the claimant and shall include the following: (a) The specific reason or reasons for denial; (b) Specific reference to pertinent plan provisions on which the denial is based; (c) A description of additional material or information necessary for the claimant to perfect the claim and an explanation of why such material or information is necessary; and (d) Appropriate information as to the steps to be taken if the claimant wishes to submit the claim for review.

12 A claimant may obtain a full and fair review by appealing a denied claim to the plan administrator in writing within sixty (60) days after receipt by the claimant of the notice of denial. A claimant may review pertinent documents and may submit issues and comments in writing. An appeal may be requested or pursued by a duly authorized representative of the claimant. Within sixty (60) days of receipt of a request for review, a written decision shall be rendered. The decision on review shall be in writing and shall include specific reasons for the decision, written in a manner calculated to be understood by the claimant, as well as specific references to the pertinent provisions of the plan on which the decision is based. * * * * *