CARMAX, INC. RETIREMENT SAVINGS PLAN QDRO APPROVAL GUIDELINES AND PROCEDURES

Transcription

1 CARMAX, INC. RETIREMENT SAVINGS PLAN QDRO APPROVAL GUIDELINES AND PROCEDURES The Benefits Administrative Committee of CarMax, Inc. ( CarMax ) has established the following QDRO Approval Guidelines and Procedures ( Guidelines ) to determine whether a domestic relations order ( Order ), relating to the (the Plan ) meets the requirements of a Qualified Domestic Relations Order ( QDRO ) under the Employee Retirement Income Security Act of 1974 ( ERISA ) and the Internal Revenue Code. If a legal proceeding has been or will be initiated to divide marital assets or establish child support or alimony payments from assets held in an account under the Plan, the Plan will only respond to a domestic relations order. Please review the individual sections of these guidelines to understand what must be included in a Qualified Domestic Relations Order and how the Plan will process it. A Sample Model Order is included to provide to your attorney. A checklist is also provided for your reference. These Guidelines are divided into four sections: Section 1: Section 2: Section 3: Section 4: Required Elements of a Domestic Relations Order Disqualifying Elements of a Domestic Relations Order Procedural and Contact Information Sample Model Domestic Relations Order These Guidelines are intended to provide you, the CarMax Associate, and other individuals who are not CarMax Associates but who claim an interest in the Plan, with information regarding the Plan s requirements and procedures for QDROs. These Guidelines are also used to administer benefit distributions to Participants and Alternate Payees as required by a QDRO. The Plan will comply with the terms of an Order only if it meets the provisions of the Plan, the requirements of these Guidelines, and the statutory QDRO requirements. Please keep in mind that each QDRO is unique and must be composed to fit the individual circumstances. You may use the Sample Model Order and modify it as necessary, but your order must also meet the requirements of the Plan and these Guidelines. QDRO Guidelines and Procedures 1

2 No Combined Orders CarMax also maintains the CarMax, Inc. Pension Plan. A separate Order must be submitted for the Pension Plan if benefits are sought to be assigned to an Alternate Payee from that plan. CarMax will not review combined Orders. Please contact the CarMax Benefits Service Center ( , Option 7, Pension Plan Voic ) to request the Guidelines and Sample Model Order for the Pension Plan. Amendment These administrative Guidelines will be reviewed periodically and may be changed at any time at the direction of the Benefits Administrative Committee without prior notice to you. Conflict with Plan Document These Guidelines are not a contract and do not modify the terms of the Plan. In the event of any conflict between these Guidelines and the Plan Document, the Plan Document will prevail. Compliance with Legal Requirements These procedures are designed to meet the requirements of Section 414(p) of the Internal Revenue Code and Section 203(d)(3) of ERISA. No Legal Advice The contents of these Guidelines are intended for informational purposes only and should not be construed as legal advice or legal opinion. Individuals should consult their legal advisor if they have questions about their particular situation. QDRO Guidelines and Procedures 2

3 Checklist of QDRO Requirements This summary lists the key terms of the first two sections of these Guidelines and may serve as a checklist for your reference. You must read the individual Guidelines sections on the following pages for more information about these terms. 1. Required Elements: Plan Name (the ) Participant s (CarMax Associate s) Information: o Name o Mailing Address o Social Security Number o Date of Birth Alternate Payee s (Recipient s) Information: o Name o Mailing Address o Social Security Number o Date of Birth o Relationship to Participant The Alternate Payee s Award: o The fraction or percentage of the Participant s account balance; or o A dollar amount of the Participant s account balance; and o The Valuation Date to determine the Participant s account balance. Optional Elements (if not addressed, the Plan will follow the presumptions discussed in Section 1): o Whether the Alternate Payee is entitled to investment earnings between the Valuation Date and the date the Alternate Payee s award is segregated from the Participant s account. o If applicable, whether the Participant s outstanding loan should be included in the calculation of Participant s account balance. 2. Disqualifying Elements If the Alternate Payee is a spouse or former spouse and the Order directs the Participant to pay distribution taxes. If the Alternate Payee is not a spouse or former spouse and the Order directs anyone other than the Participant to pay distribution taxes. If the Order directs the award to be paid other than proportionately from the Participant s investment options and contribution sources. If the Order directs the benefit to be paid other than as a lump sum distribution. If the Order sets the Valuation Date as a date prior to October 1, If the order is combined with an Order for another benefit plan, such as the CarMax, Inc. Pension Plan. The Plan recommends that you submit a draft Order for review by the Plan before the Order is filed with the applicable court. Please see Section 3: Procedural and Contact Information for the Plan s contact information. QDRO Guidelines and Procedures 3

4 Section 1: Required Elements of a Domestic Relations Order The Order must clearly provide the following information in order to be determined a QDRO: A. Plan Name The Order must clearly specify the Plan to which it applies. The legal name of the Plan is the. A variation on the exact Plan name will be accepted if CarMax can clearly determine the Plan to which the Order applies. B. Participant Information 1. Participant s name 2. Last known mailing address 3. Social Security Number 4. Date of Birth C. Alternate Payee Information 1. Alternate Payee s name 2. Last known mailing address 3. Social Security Number 4. Date of Birth 5. Relationship to Participant NOTE: If the Order pertains to child support, the minor child(ren) must be named as the Alternate Payee(s). The Order must provide the name and address of the Alternate Payee s legal representative (i.e. guardian or a party acting in loco parentis). NOTE: If the state requires Social Security numbers to be removed from the QDRO for security purposes, the Social Security numbers for the Participant and the Alternate Payee must be provided to the Plan in an attached addendum when the court-certified copy of the QDRO is sent. D. The Alternate Payee s Award 1. An Order may award the Alternate Payee: a. a fraction or percentage of the Participant s total vested account balance (hereinafter referred to as account or account balance ) in the Plan assets as of a specific date (the Valuation Date ); or b. a specific dollar amount of the Participant s Plan account balance as of a specific Valuation Date. 2. The Valuation Date must be a date that is October 1, 2002 or later. a. When account balance information is not available for the date stated in the Order, the Plan will use the closest previous valuation date available under the Plan. QDRO Guidelines and Procedures 4

5 E. Optional Elements of the Order and Plan Presumptions 1. Outstanding Loan Balance: a. If there is an outstanding loan balance as of the Valuation Date, the Order should state whether or not the loan balance will be included for purposes of calculating the account balance. I. If the loan balance IS included, the Participant s outstanding loan balance will be added to the current vested account balance to determine the total account value for purposes of calculating the Alternate Payee s share. In this case, the Alternate Payee will share in the value, but not the repayment, of the outstanding loan. II. If the loan balance IS NOT included, the Participant s current vested account balance, without adding back in the Participant s outstanding loan balance, will be used to determine the total account value. In this case, the Alternate Payee will not share in the value of the outstanding loan. 2. Earnings: b. If the Order is silent, the loan balance will be included. c. In any event, the Alternate Payee s award will be paid from the non-loan assets in the Participant s account. a. If the Order is silent regarding earnings, the Alternate Payee will not be entitled to earnings on his/her award between the Valuation Date and the date that the Alternate Payee s award is segregated from the Participant s account (the Segregation Date ). b. If the Order does entitle the Alternate Payee to earnings, earnings or losses attributable to the award for the period between the Valuation Date and the Segregation Date will be transferred to the Alternate Payee s account, unless the Order clearly specifies a calculation method. c. The Alternate Payee s award will be subject to gains and losses from the Segregation Date to the date the award is distributed to the Alternate Payee. QDRO Guidelines and Procedures 5

6 Section 2: Disqualifying Elements of a Domestic Relations Order The following items, if presented in the Order as described below, will cause the Order to be non-qualified: A. Taxation 1. An Alternate Payee who is a spouse or former spouse of the Participant is responsible for any taxes incurred upon distribution of benefits. Payments to all other Alternate Payees are taxable to the Participant. The Order will be non-qualified if it states otherwise. B. Transfer of the Award from Participant s Plan Account 1. The Alternate Payee s award must be transferred proportionately from all investment options in the Participant's Plan account as of the Segregation Date. 2. The award must be transferred proportionately from all contribution sources in the Participant's Plan account as of the Segregation Date. The Order cannot specify that the Alternate Payee s award be transferred from a specific contribution source (i.e. the rollover source only). Pursuant to Section 72(m)(10) of the Internal Revenue Code, the tax cost basis of the investment options in the Participant s Plan account must be transferred to the Alternate Payee proportionately from all contribution sources in the Participant's Plan account as of the Segregation Date. 3. Orders that provide for Award allocation other than as described above will be non-qualified. C. Benefit Form 1. The only form of benefit available to the Alternate Payee under the Plan is a lump sum distribution. Any order that provides for another form of distribution will be non-qualified. D. Ineligible Valuation Date 1. Any Order that specifies a valuation date prior to the earliest Valuation Date available for the Plan will be nonqualified. The earliest Valuation Date for the Plan is October 1, E. Combined Orders 1. CarMax also maintains the CarMax, Inc. Pension Plan in addition to the Retirement Savings Plan. A separate Order must be submitted for the Pension Plan if benefits are sought to be assigned to an Alternate Payee from the Pension Plan. The Plan will not review combined Orders. Please contact the CarMax Benefits Service Center ( , Option 7, Pension Plan Voic ) to request the Guidelines, Procedures, and Sample Model Orders for the Pension Plan. QDRO Guidelines and Procedures 6

7 Section 3: Procedural and Contact Information A. General Information 1. All communications regarding QDROs for the Plan should be submitted in writing to the following address: Or, electronically, by ing: CarMax, Inc. Benefits Department Tuckahoe Creek Parkway Richmond, VA All communications regarding QDROs to and from the Plan described herein may be made via mail or All questions regarding beneficiary designations and withdrawal instructions for accounts in the Plan, including the Alternate Payee s after their award has been segregated from the Participant s account, should be directed to T. Rowe Price at Initial draft Orders should be submitted for review before the Order is filed with the applicable court or agency. An original or photocopy of a court certified or true copy of an executed ( file stamped ) Order may be submitted for review and qualification, but a revised Order will need to be filed with the court or agency if the Plan determines the file stamped Order is not qualified. 4. A copy of the Plan s Guidelines and the Sample Model Order will be provided to the parties to the Order upon request. 5. Participant account information will be provided only in response to written authorization from the Participant or a properly served Subpoena. 6. The parties to the Order shall promptly notify the CarMax Benefits Department in writing of any change of name and/or address. 7. The Alternate Payee may name a designated representative to receive copies of all notices sent by the Plan to the Alternate Payee by notifying the Plan of such designation in writing. B. Acknowledgment of Order and Disbursement Restrictions on Participant s Plan Account 1. Upon receipt of a draft or executed Order, CarMax will (i) confirm that the named Participant is indeed a participant in the Plan and (ii) send a written acknowledgment of the Order to all parties to the Order (provided that address information is available), and will place a disbursement restriction on the Participant s Plan account. 2. Upon receipt of a written notice from a Participant or a Participant s attorney that a domestic relations proceeding is being initiated and a draft Order will be submitted for review, CarMax will send written QDRO Guidelines and Procedures 7

8 acknowledgment of the notice of a pending Order to all parties to the Order (provided that physical or electronic address information is available), and will place a disbursement restriction on the Participant s Plan, subject to the disbursement restriction removal provision in subsection D, 3, below. 3. Upon being notified of a Joinder that references the Plan, CarMax will place a disbursement restriction on the Participant s Plan account. 4. While the Participant s Plan accounts are restricted, he/she may not initiate loans, withdrawals or distributions. However, the Participant may continue to direct the investment of future contributions and existing balances. C. Plan Determination of Order s Qualified Status 1. The Plan will advise the parties to the Order, in writing, within a reasonable period of time of its determination as to the draft or executed Order s qualification or non-qualification status. By law, the Plan is entitled to take up to 18 months to determine if an Order is qualified; however, the Plan typically determines the qualification or non-qualification of an Order within 90 days. 2. If the Order is determined to be non-qualified, the non-qualification letter will clearly identify and detail the deficiencies in the Order and the information necessary to render the Order qualified pursuant to the Plan s Guidelines. a. A revised Order must be submitted for qualification within 120 days after the Parties receive notification that the previously submitted Order is not qualified in order for the disbursement restriction on the Participant s account to be maintained. 3. If the executed Order is determined to be qualified: a. The Plan s third party administrator, T. Rowe Price, will establish a separate account within the for the Alternate Payee. It generally takes business days from the date the Plan confirms that the executed Order is qualified for the account separation process to be completed. b. After the separation of assets is complete, the Alternate Payee may contact T. Rowe Price at to request a distribution kit be mailed to his/her address. The Alternate Payee may also designate a beneficiary for their account by filling out the form available at rps.troweprice.com. Until a lump sum distribution is processed, the Alternate Payee will receive quarterly account statements with updated account information. The distribution of the Alternate Payee s account must be initiated in accordance with the administrative procedures that have been established for the Plan. D. Removal of Disbursement Restrictions A disbursement restriction will remain on a Participant s Plan account until one of the following occurs: 1. The qualification and segregation of the award from the Participant s Plan account to an account in the Alternate Payee s name. 2. The expiration of the 120-day period following the Plan s notification to the parties that a submitted QDRO Guidelines and Procedures 8

9 Order is non-qualified, if a revised or amended Order has not been submitted within such 120-day period. 3. The expiration of the 60-day period following the Plan s receipt of a notice that an Order will be submitted for review, if the Plan has not received a draft Order during such 60-day period. 4. The Plan s receipt of a court order releasing the Joinder on the Plan, if the disbursement restriction resulted from a Joinder. 5. The Plan s receipt of a court order vacating a previously received Order (the receipt of which caused the disbursement restriction to be originally placed on the Participant s Plan account). 6. The Plan s receipt of a signature guaranteed document signed by the Alternate Payee requesting the removal of the restriction from the Participant s Plan account. (A signature guarantee may be obtained from any eligible guarantor institution, such as a Bank, Credit Union, Savings Association, Trust Company, National Securities Exchange, Registered Securities Association, Clearing Agency, or a Broker/Dealer). 7. The expiration of the 45-day deadline to provide an amended Order as a result of a dispute of a previously qualified Order. E. Commencement of the Alternate Payee s Award The Alternate Payee may initiate a distribution of his/her award as soon as administratively feasible following the Plan s determination that the Order is qualified and segregation of the Alternate Payee s award. 1. As described above, once the Plan receives an original or photocopy of a court certified or true copy of an executed ( file stamped ) Order and determines that the Order is qualified, T. Rowe Price will begin the process of creating a separate account for the Alternate Payee. It generally takes business days from the date CarMax confirms the qualification status of the Order for the account separation process to be completed. 2. Once the separation of assets has been completed at T. Rowe Price, the Alternate Payee may begin the distribution process by contacting T. Rowe Price at to request that a distribution kit be mailed to his or her home. The Alternate Payee may also designate a beneficiary for their account by filling out the form available at rps.troweprice.com. Until a lump sum distribution is processed, the Alternate Payee will receive quarterly account statements with updated account information. 3. Rollover instructions cannot be accepted in the Order, but must be made pursuant to the administrative procedures established for the Plan. Any specific rollover instructions contained in the Order will be disregarded and the Participant, the Alternate Payee and each of their attorneys will be notified of such. a. Once the award is segregated and an account is established in the name of an Alternate Payee who is a spouse or former spouse of the Participant, the Alternate Payee may direct the Plan to roll over the eligible portion of the award. 4. The death of the Participant will not affect the Alternate Payee s right to his/her award. QDRO Guidelines and Procedures 9

10 F. Death of Alternate Payee/ Beneficiary Designations 1. All beneficiary designations must be made by the Alternate Payee after qualifications of the Order and segregation of a separate account for the Alternate Payee. The Alternate Payee may contact T. Rowe Price at for information about beneficiary designations. 2. Any Alternate Payee beneficiary designations or any provision attempting to grant the Alternate Payee the right to designate a beneficiary contained within the Order will be disregarded, but will not cause the Order to be non-qualified. 3. In the event of the Alternate Payee s death, assets will be distributed pursuant to the administrative procedures established for the Plan. G. Address for Non-QDRO Orders and Correspondence 1. Subpoenas, Restraining Orders, Participant Information Release Forms and other non-qdro related correspondence should be sent to the following address: H. Disputes CarMax, Inc. Legal Department Tuckahoe Creek Parkway Richmond, VA Disputes pertaining to Orders previously qualified by the Plan should be sent in writing to the CarMax Benefits Department. If one or more of the parties or their attorneys contact CarMax after an Order has been determined to be qualified and indicate that there is a dispute pending with respect to the award, the Plan will place temporary disbursement restrictions on the Participant s and the Alternate Payee s accounts for up to 45 days. The notification of dispute must be in writing. 2. If a new executed Order or court document demonstrating that the parties to the Order are in dispute and intend to seek an amended Order is not received within 45 days, the disbursement restrictions on the Participant s and the Alternate Payee s accounts will be removed and the terms of the original qualified Order will be honored. 3. If the Alternate Payee has taken a distribution and the Plan has complied with the Order and the Plan s Guidelines, the Participant must seek relief outside the Plan. 4. If the Alternate Payee has taken a distribution and the dispute is to award the Alternate Payee an additional amount of money in excess of what was awarded to the Alternate Payee in the original qualified Order, the parties or their attorneys must submit an executed amended Order for the additional award amount. 3. Disputes pertaining to Orders previously qualified by the Plan should be sent to the CarMax Benefits Department. QDRO Guidelines and Procedures 10

11 Section 4: Sample Model Order This form is a SAMPLE and is provided as a courtesy only. Neither CarMax, Inc. nor the Benefits Administrative Committee, and their respective agents, employees or consultants are authorized to give financial, tax or legal advice; and they make no representation as to the Sample Model Order s sufficiency under applicable Federal or State law or as to its legal consequences. You should not use this Sample Model Order without consulting your financial, tax or legal advisors. QUALIFIED DOMESTIC RELATIONS ORDER This Order is entered with respect to the interest of [PARTICIPANT S NAME] in the CarMax, Inc. Retirement Savings Plan (the Plan ) which interest [WAS/IS TO BE] divided [BETWEEN/AMONG] the parties as set forth in this Order. This Order is intended to provide for the division and disposition of [ALL/A PORTION OF] the interest of [PARTICIPANT S NAME] in the Plan and to grant [ALTERNATE PAYEE(S) NAME(S)] rights in such interest pursuant to the terms set forth in this Order. It is hereby ORDERED, ADJUDGED AND DECREED that: 1. This Order is intended to constitute a Qualified Domestic Relations Order (a QDRO ) within the meaning of 401(a)(13) and 414(p) of the Internal Revenue Code of 1986, as amended and 206(d)(3) of the Employee Retirement Income Security Act of 1974, as amended ( ERISA ). 2. As used in this Order, the following terms shall apply: (a) Participant shall mean [FULL NAME], whose current address is [STREET ADDRESS/CITY/STATE/ZIP CODE], who was born on [DATE OF BIRTH] and whose Social Security Number is [NUMBER]. (b) Alternate Payee shall mean [SPOUSE/DEPENDENT S NAME], whose current address is [STREET ADDRESS/CITY/STATE/ZIP CODE], who was born on [DATE OF BIRTH], and whose Social Security Number is [NUMBER]. The Alternate Payee is the Participant s [INSERT ONE: former spouse OR eligible dependent]. (c) Plan shall mean the. (d) Plan Administrator shall mean the Benefits Administrative Committee of CarMax, Inc. (e) Valuation Date shall mean [DATE]. 3. Alternate Payee s Award. It is the intent of the parties and the Order of this Court that the Participant s vested account balance in the Plan as of the Valuation Date, represented to be [$ AMOUNT], is marital property and will be divided as follows: Alternate Payee: [$ AMOUNT] or, if the vested account balance is less, the entire vested account balance OR [%] QDRO Guidelines and Procedures 11

12 Participant: [$ AMOUNT] OR [%] [IF A LOAN IS OUTSTANDING, INCLUDE THE FOLLOWING: The Parties acknowledge there is an outstanding loan balance as of the Valuation Date. The loan balance [is/is not] included for purposes of calculating the account balance to be divided.] No allocations of employer contributions shall be made to Alternate Payee s Account with respect to service performed by the Participant after the Valuation Date. The Alternate Payee s award [IS/IS NOT] entitled to earnings (dividends, interest, gain and losses) from the Valuation Date to the date that the award is segregated from the Participant s account and the Alternate Payee s account is established. After Alternate Payee s account is established, such account shall increase or decrease in value dependent upon the investment choices of the Alternate Payee in accordance with the terms of the Plan. 4. Commencement of Award and Form of Payment. The Alternate Payee s interest in the Plan shall be payable to the Alternate Payee in a lump sum as soon as administratively feasible following the date that the Order is determined to be a QDRO. The Alternate Payee shall initiate the distribution in accordance with the terms of the Plan and the administrative procedures that have been established by the Plan Administrator. The amount distributed to the Alternate Payee will be the value of the Alternate Payee s account on the date the distribution is processed. 5. Death Benefits. (a) Death of Participant. Until the Plan completes payment of all benefits pursuant to this QDRO, the Alternate Payee shall be entitled to the amount described in Section 3 hereof, notwithstanding the death of the Participant, provided, however, that the Alternate Payee [SHALL/SHALL NOT] continue to be treated as a surviving spouse for purposes of Internal Revenue Code 401(a)(11) and 417 until the Participant and the Alternate Payee are no longer legally married pursuant to applicable state law. (b) Death of the Alternate Payee. If the Alternate Payee dies prior to payment by the Plan of all benefits pursuant to this QDRO, the Plan shall pay the remaining benefits under this QDRO to the Alternate Payee s beneficiary. The Alternate Payee may file a written beneficiary designation with the Plan Administrator. If the Alternate Payee fails to file a written beneficiary designation with the Plan Administrator or if such designation is not valid, the Plan shall treat the Alternate Payee s estate as the Alternate Payee s beneficiary. All beneficiary designations will be made after qualification of the Order and segregation of a separate account for the Alternate Payee pursuant to the administrative procedures established for the Plan. 6. General Provisions. (a) The Parties shall provide an original court certified or true copy of this Order to the Plan Administrator. This Order shall remain in effect until further order of this Court. (b) It is intended that all benefits payable to Alternate Payee from the Plan pursuant to this Order shall be treated as income to Alternate Payee and not as income to the Participant, subject to the applicable laws and regulations in effect at the time of distribution. (c) In the case of a conflict between the terms of this Order and the terms of the Plan, the terms of QDRO Guidelines and Procedures 12

13 the Plan shall control. No provision of this Order shall be construed to require the Plan, the Plan Administrator, or any trustee or other Plan fiduciary to take any action that is inconsistent with the provision of the Plan as now in effect or as hereafter amended. The Participant and the Alternate Payee shall be subject to all of the provisions of the Plan and any administrative rules as may be in effect from time to time pertaining to any matter including, but not limited to, benefits earned under the Plan, eligibility for benefits, application for benefits, execution of appropriate forms, providing of information and documents, procedures for payment of benefits, and procedures for unclaimed benefits. The obligation of the Plan to make payments under this Order is conditioned upon the Participant s and Alternate Payee s respective full and complete compliance with such rules. (d) Nothing in this Order shall require the Plan or the Plan Administrator to provide to the Alternate Payee any type or form of benefit, or any option, not otherwise permitted under the Plan as in effect on the date of this Order or to provide increased benefits. (e) Neither party shall accept any benefits from the Plan that are the property of the other party. a. In the event that the Plan inadvertently pays the Participant any benefits which are assigned to the Alternate Payee pursuant to the terms of this Order, the Participant shall immediately reimburse the Alternate Payee to the extent that the Participant has received such benefit payments, and shall forthwith pay such amounts so received directly to the Alternate Payee within ten (10) days of receipt. b. In the event that the Plan inadvertently pays the Alternate Payee any benefits that are to remain the sole property of the Participant pursuant to the terms of this Order, the Alternate Payee shall immediately reimburse the Participant to the extent that the Alternate Payee has received such benefit payments, and shall forthwith pay such amounts so received directly to Participant within ten (10) days of receipt. (f) The Participant shall not take any actions, affirmative or otherwise, that can circumvent the terms and provisions of this Order, or that could diminish or extinguish the rights and entitlements of the Alternate Payee as set forth herein. Should the Participant take any action or inaction to the detriment of the Alternate Payee, the Participant shall be required to make sufficient payments directly to the Alternate Payee to the extent necessary to neutralize the effects of the Participant's actions or inactions and to the extent of the Alternate Payee's full entitlements hereunder. (g) The Alternate Payee shall not take any actions, affirmative or otherwise, that can circumvent the terms and provisions of this Order, or that could diminish or extinguish the rights and entitlements of the Participant as set forth herein. Should the Alternate Payee take any action or inaction to the detriment of the Participant, the Alternate Payee shall be required to make sufficient payments directly to the Participant to the extent necessary to neutralize the effects of the Alternate Payee's actions or inactions and to the extent of the Participant's full entitlements hereunder. (h) The Plan Administrator shall have full discretionary authority to implement and interpret this Order after it is determined to be a QDRO, including any uncertain, vague or unclear terms, in order to comply with the provisions of the Plan and applicable law. (i) The Plan, its sponsor, the Plan Administrator, and any other Plan fiduciaries shall not be QDRO Guidelines and Procedures 13

14 responsible for any attorney s fees incurred by Participant or Alternate Payee in connection with obtaining and enforcing this Order. (j) The Parties shall notify the Plan Administrator promptly of any address change. Notification should be sent to CarMax, Inc. Benefits Department, Tuckahoe Creek Parkway, Richmond, VA (k) This Order is intended to comply with the domestic relations laws of [STATE] pursuant to [APPLICABLE CODE PROVISION]. ENTER: / / JUDGE I ASK FOR THIS: [NAME/ADDRESS OF PARTICIPANT S COUNSEL] SEEN AND AGREED: [NAME/ADDRESS OF ALTERNATE PAYEE S COUNSEL] QDRO Guidelines and Procedures 14