SLAVIC INTEGRATED ADMINISTRATION (dba slavic401k.com) WORKSITE VOLUME SUBMITTER PLAN MULTIPLE EMPLOYER PLAN ADOPTION AGREEMENT The undersigned Client Organization of the Professional Employer Organization (PEO) Sponsoring this Plan, hereby adopts the (PEO) Multiple Employer Plan (the Plan ) for its employees and agrees to the terms of the Plan: I. COMPANY AND PLAN REGISTRATION INFORMATION A. Company Information 1. Name and address of company: 2. Telephone number of company: ( ) 3. Type of business entity (choose one): { } Sole Proprietor { } Corporation { } Partnership { } S Corporation { } LLC { } Other: (specify) 4. Date of incorporation or date business began: / / (mm) (dd) (yyyy) 5. Tax ID#: B. Plan Information 1. Effective date of plan: / / (at least 30 days from the date all documents and enrollments are received by the administrator) 2. Prior plan history: Original effective date of plan: / / Amendments: / / C. Plan Administration: 1. Plan Year means the calendar year. 2. The initial plan year begins on the Effective Date of this plan and ends on the following December 31. If the initial plan year does not begin on January 1, the initial plan year shall be a short plan year. II. ELIGIBLITY AND PARTICIPATION REQUIREMENTS A. Eligible employees (upon satisfying B and C requirements) will enter the plan upon the first day of the next calendar quarter. (Only employees on the PEO payroll are eligible. Article II selections must be made.) Choose one: { } All employees of an employer are eligible to participate in the plan except those covered by a collective bargaining agreement. { } The following employees are not eligible to participate: (Employees cannot be excluded because of hours worked, such as part-time. Please describe the classifications.) Employer hereby grants credit for Prior Service { } Employees granted prior service for the following non-predecessor employer(s): 1
B. Minimum Age for Participation Is Age 21 Or, choose one: { } No minimum age requirement; or { } After reaching age (Maximum age 21) C. Minimum Service For Participation Choose one: { } No minimum service requirement { } After completing one-year of Eligibility Service (1,000 hours of service in 12 consecutive months) Employees may begin participation on the first day of the first calendar quarter following completion of a twelve-month period in which 1,000 hours of service have been worked. { } After completing months (not to exceed twelve months) Employees receive credit for Actual Hours worked. Less than 12 months does not allow for a requirement of 1,000 hours and part-time employees are eligible. Service with any client organization of the PEO will be aggregated for purposes of article II.C. D. Eligibility Waiver { } The employer elects to waive all the Plan s eligibility requirements for employees who are performing services on behalf of the employer as of the Effective date of this Adoption Agreement. Individuals for whom the eligibility requirements are waived shall be immediately eligible to participate in the Plan. Any employees who begin performing services on behalf of the employer after the effective date of the plan must satisfy the Plan s adopted eligibility requirements. III. CONTRIBUTIONS A. Elective Deferrals { } Roth 401(k) contributions and rollovers will be allowed. (Section 62(a)). { } The plan will be tested using the 20% top paid group. B. Matching Contributions The matching contribution equals % on the first % of the participant s elective deferral. The match will be funded payroll by payroll. Select the following only if desired: { } The matching contribution will not exceed $ a year. C. Non-elective Profit Sharing Contribution Non-elective contributions may be permitted at the discretion of the Board of Directors and in accordance with the plan. { } Pro Rata { } Integrated with Social Security (Section 50(c)) { } Cross-tested. (Section 50(b)) (Any change to the groups must take place by a timely plan amendment made before the close of the plan year and before an allocation is made.) Rate Groups: To receive a Non-elective Contribution, the participant must be employed on the last day of the year (Section 50(e)). 2
IV. VESTING (Plan Section 53(3)) A. Vesting Schedule - Each participant whose employment terminates for reasons except death, disability, or attainment of normal retirement is entitled to a non-forfeitable right to his or her Non-elective Contributions Account and/or Regular Matching Contributions Account based upon the following schedule (choose one): { } Immediate 100% non-forfeitability { } 100% non-forfeitability after three years of service { } Graded vesting as set forth below: Years of Service Percentage Less than 2 0% At least 2, but less than 3 20% At least 3, but less than 4 40% At least 4, but less than 5 60% At least 5, but less than 6 80% 6 or more 100% B. Vesting Service All years of service with any client organization of the PEO will be aggregated in determining a Participant s Vesting Service credit under this Article IV and plan section 53(C). V. MISCELLANEOUS A. Other plans Does the company maintain, or has the company ever maintained, another qualified plan in which any participant in this plan (or was) a participant or could possibly become a participant? { } Yes { } No If the answer is yes, the employer must aggregate all plans for testing under Sections 401(a), 416, 318, 415, 410 and 402(g). B. Inquiries If you have any questions about the legal and tax implications of adopting the plan, you should consult with your attorney. However, if you have any questions about either the Prototype Plan or the Adoption Agreement, please write to the sponsoring organization at the following address: Slavic Integrated Administration dba slavic401k.com 1075 Broken Sound Parkway NW, Suite 100 Boca Raton, FL 33487-3540 (800) 356-3009 or (561) 241-9244 C. Notification The adopting company or PEO will notify slavic401k.com immediately of any changes in ownership or control group status or plan amendment. D. Reliance on Opinion Letter The adopting employer may rely on an opinion letter issued by the Internal Revenue Service as evidence that the plan is qualified under Section 401 of the code only, to the extent provided in Revenue Procedure 2005-16. The Employer may not rely on the opinion letter in certain other circumstances or with respect to certain qualification requirements, which are specified in the opinion letter issued with respect to the plan and in Rev. Proc 2005-16. In order to have reliance in such circumstances or with respect to such qualification requirements, application for a determination letter must be made to the Internal Revenue Service by the employer. E. This Adoption Agreement is hereby being used only in conjunction with this Volume Submitter Plan Document. 3
IN WITNESS WHEREOF, the company (PEO Client Organization) has caused this plan to be adopted effective as of, 20 : Company Name: Signature Witnessed by Title Date This adoption is hereby accepted by the PEO Plan Sponsor. PEO Sponsor: Signature Title Date Failure to fill out the Adoption Agreement completely may result in plan disqualification. 4
NOTE: The following pages are only to be completed if Safe Harbor is elected. 401(k) Safe Harbor Adoption Agreement Addendum The undersigned, (the Client Organization ), by executing this 401(k) Safe Harbor Adoption Agreement Addendum ("Addendum"), hereby adopts the 401(k) Safe Harbor provisions set forth herein. This Addendum supersedes any previous 401(k) Safe Harbor election made by the Client Organization. Effective Date The Effective Date of the adoption of this Addendum by the Client Organization is / /. This Addendum shall be effective until revoked by the Client Organization by a written amendment of this Addendum. An election of the Safe Harbor non-elective contribution will be irrevocable once the Plan Year for which the election is made has commenced. Any revocation must be made prior to the beginning of the Plan Year to which the revocation applies. An election of the Safe Harbor matching contribution can be revoked during the Plan Year on a prospective basis. The requirements for this revocation require, among other things, advance notice to the eligible employees of the suspension and a Plan amendment to provide that the 401(k) and matching non-discrimination testing will be performed and satisfied on a current year testing basis. Definitions For purposes of this Addendum, the following terms shall have the following meanings: Safe Harbor Matching Contribution Account shall mean an account established pursuant to Section 14 of the Plan with respect to Employer Safe Harbor matching contributions made pursuant to this Addendum. Safe Harbor Non-elective Contribution Account shall mean an account established pursuant to Section 14 of the Plan with respect to Employer Safe Harbor non-elective contributions made pursuant to this Addendum. 401(k) and 401(m) Safe Harbor Contribution Election (choose only one) { } Safe Harbor Matching Contribution The Client Organization shall make a Safe Harbor matching contribution on behalf of each Participant employed by the Client Organization in an amount equal to 100% of the Participant s elective deferrals up to 4% of the Participant s Compensation for each payroll period. { } Safe Harbor Non-elective Contribution The Client Organization shall make a Safe Harbor non-elective contribution on behalf of each Participant employed by the Client Organization in an amount equal to 3% of the Participant s Compensation for the Plan Year. 5
Nondiscrimination Testing and Top Heavy Exemption For any Plan Year in which the Plan satisfies the requirements of Sections 401(k)(12) and 401(m)(11) of the Code, the Plan will be treated as meeting the Actual Deferral Percentage and Actual Contribution Percentage tests in Sections 64 and 65 of the Plan. The Plan will be deemed not to be a Top Heavy Plan for any Plan Year in which the only contributions to the Plan are those necessary to satisfy Sections 401(k)(12)(B) or 401(k)(12)(C) of the Code and, if applicable, Section 401(m)(11) of the Code. Nondiscriminatory Definition of Compensation The definition of Compensation used to determine a Participant s Safe Harbor matching or non-elective contribution must be in accordance with Section 8 of the plan. Vesting A Participant s vested interest in his Safe Harbor Matching Contribution Account and Safe Harbor Non-elective Contribution Account shall be 100% regardless of the number of his years of service. Other Employer Contributions In addition to the Safe Harbor contribution elected above, the Client Organization may make discretionary matching contributions and/or discretionary non-elective contributions in accordance with its elections in the Adoption Agreement. Discretionary matching contributions and discretionary non-elective contributions are contributions made by the Client Organization in addition to the Safe Harbor contributions. If additional non-safe Harbor contributions are made to the Plan that exceed the amounts described below, the Plan may not be treated as satisfying the Actual Contribution Percentage of the Plan, and the Plan may be deemed a Top Heavy Plan. Limitations on Discretionary Contributions To satisfy the Actual Contribution Percentage test Safe Harbor and be deemed a non-top Heavy Plan: (1) Discretionary matching contributions can be made only on elective deferral contributions that do not exceed 6% of a Participant s Compensation, (2) The rate of the discretionary matching contribution cannot increase as the rate of elective deferral contributions increases, and (3) The matching contributions provided to any Highly Compensated Employee at a given rate of deferral cannot be higher than that provided to an eligible non-highly Compensated Employee. In addition, the amount of a discretionary matching contribution (i.e. the matching contribution that is made in addition to the Safe Harbor contribution) allocated to a Participant s Account for a Plan Year cannot exceed 4% of the Participant s Compensation for such Plan Year. If discretionary non-elective contributions are made to the Plan in addition to Safe Harbor matching or non-elective contributions, the Plan may be deemed a Top Heavy Plan. Vesting of Discretionary Matching and Discretionary Non-elective Contributions Discretionary matching contributions and discretionary non-elective contributions are subject to the vesting schedule set forth in the Plan as adopted by the Client Organization. 6
Participants Accounts and Allocation of Contributions As of each Valuation Date, the Safe Harbor Matching Contribution Account of a Participant shall be credited with any Safe Harbor matching contributions made by his Employer. As of each Valuation Date, the Safe Harbor Non-elective Contribution Account of a Participant shall be credited with any Safe Harbor non-elective contributions made by his Employer not previously credited. The qualified matching or nonelective contribution must be paid into the plan no later than the end of the 12-month period immediately following the plan year to which the contribution relates. No Last Day Employment Requirement for Safe Harbor Contributions Notwithstanding any provision of the Plan to the contrary or any election made in the Adoption Agreement, a Participant shall not be required to be employed by his Employer on the last day of the Plan Year in order to be credited with a Safe Harbor matching contribution or a Safe Harbor non-elective contribution. Distribution Restrictions Safe Harbor matching contributions and Safe Harbor non-elective contributions are subject to the same withdrawal restrictions that apply to elective deferral contributions. In addition, Safe Harbor matching contributions and Safe Harbor non-elective contributions cannot be withdrawn on account of hardship. Notice Requirement At least 30 days, but not more than 90 days, before the beginning of the plan year, the employer must notify each eligible employee of their comprehensive rights under the plan and if an employee becomes eligible after the 90 th day but before the plan year begins, the notice must be provided no more than 90 days before the employee becomes eligible but not later than the date the employee becomes eligible. Election Period In addition to any other election periods provided under the plan, each Eligible Employee may make or modify a deferral election during the 30-day period immediately following the receipt of the notice described above. The Client Organization executed this 401(k) Safe Harbor Adoption Agreement Addendum on / /. Name of Client Organization: Signed By: Its: This adoption is hereby accepted by the PEO Plan Sponsor. PEO Sponsor: Signature Title Date Failure to fill out the Adoption Agreement completely may result in plan disqualification. 7