SUMMARY PLAN DESCRIPTION OF THE DAVIS HEALTH SYSTEM 401(k) PROFIT SHARING PLAN FOR EMPLOYEES OF CENTRAL WV MEDCORP, INC. INTRODUCTION The Plan is intended to supplement the current compensation of participating employees and to help provide for their retirement. The complete terms of the Plan are set forth in a separate Plan document. This Summary Plan Description ( SPD ) will inform you of the highlights of the Plan. If you have any questions after you read this SPD, please contact the Administrator (named below) at any time during normal working hours. If there is any discrepancy between this SPD and the Plan document, the Plan document will control. MISCELLANEOUS INFORMATION The following is provided for your information, and to comply with applicable laws: 1. Employer s Name: Central WV MedCorp, Inc. Address: 911 Gorman Avenue Elkins, WV 26241 Telephone Number: (304) 637-9302 Employer Identification Number: 55-
2. Administrator s Name: Central WV MedCorp, Inc. Address: 911 Gorman Avenue Elkins, WV 26241 Telephone Number: (304) 637-9302 3. Agent for Service of Legal Process: Central WV MedCorp, Inc. Address: 911 Gorman Avenue Elkins, WV 26241 4. Trustee: Alerus Financial, N.A. Address: 401 Demers Avenue Grand Forks, ND 58201 5. Plan Number: 002 6. The Plan is a profit sharing plan with a 401(k) feature. 7. The Plan was originally effective January 1, 2007. This Summary Plan Description reflects the terms of the Plan as updated effective January 1, 2010. Before October 1, 2009, Health Facilities, Inc. and Central WV MedCorp, Inc. maintained the separate HFI/MedCorp, Inc. 401(k) Profit Sharing Plan (the HFI/MedCorp Plan ) for the benefit of employees of Health Facilities, Inc. and Central WV MedCorp, Inc. Effective September 30, 2009, the HFI/MedCorp Plan was merged into this Davis Health System 401(k) Profit Sharing Plan, which previously only covered employees of Davis Memorial Hospital, Inc. and Broaddus Hospital Association, Inc. As a result of the merger, your account under the HFI/MedCorp Plan was transferred to this Plan, and your plan participation after September 30, 2009 will be under this Plan, in accordance with the terms described in this Summary Plan Description. 8. Plan Year: From January 1 through December 31. 9. The Plan is not insured by the Pension Benefit Guaranty Corporation because profit sharing plans (including 401(k) plans) are not eligible for this coverage. 2
ADMINISTRATION Q.1. A.1. What does the Administrator do? The Administrator is responsible for several duties in the operation of the Plan. For example, the Administrator is responsible for deciding questions of eligibility, vesting and payment of benefits. The Administrator is also responsible for keeping records and filing reports. In carrying out these duties, the Administrator is required to act fairly, in good faith, and in the best interests of the Plan. Generally, if you have any questions concerning the Plan, you should ask the Administrator. Q.2. A.2. What does the Trustee do? The Trustee accepts contributions under the Plan and invests the assets of the Plan for the exclusive benefit of participating employees and their beneficiaries. (See the section entitled Investment of Plan Assets for more information.) Q.3. A.3. What is an Agent for Service of Legal Process? Government regulations require a Summary Plan Description to name an Agent for Service of Legal Process upon whom legal papers regarding the Plan can be served. The name and address of your Plan s Agent for Service of Legal Process are set forth on Page 2 above. Service of legal process may also be made upon the Trustee or the Administrator. ELIGIBILITY AND PARTICIPATION Q.4. A.4. What does eligibility mean? Eligibility refers to the requirements which must be met before an employee can join the Plan. Q.5. A.5. What are the eligibility requirements under this Plan? To be eligible, an employee must not be a member of any class of employees which has been excluded from participation in the Plan. Your Plan does not cover (a) any employee employed by the Employer under a PRN classification, (b) any 3
employee who is covered by a collective bargaining agreement with the Employer under which retirement benefits were the subject of good faith bargaining (unless such agreement specifically provides for participation in this Plan), (c) any leased employee, or (d) any worker characterized as an independent contractor by the Employer. A plan may also require an employee to meet certain age and/or service requirements in order to be eligible. Your Plan specifies that you are eligible on the date on which you complete three (3) months of service. For this purpose, three (3) months of service are credited on the date on which you complete three (3) consecutive full calendar months of employment with the Employer. You will be considered to have completed a full calendar month of employment for any calendar month during which (a) you were continuously employed by the Employer without interruption, and (b) you were credited with at least 83.33 Hours of Service. You will also be eligible if you complete one (1) Year of Service. For this purpose, a Year of Service is defined as a twelve-month period in which you complete at least 1,000 Hours of Service. The initial measuring period is the twelve-month period beginning on the first day of your employment with the Employer. If you do not complete 1,000 Hours of Service during the initial measuring period, subsequent measuring periods are based on the Plan Year. This provision would apply, for example, if you do not complete 83.33 Hours of Service in each of three (3) consecutive calendar months of employment, but you do complete 1,000 Hours of Service in a twelve-month period. You are credited with an Hour of Service for each hour for which you are paid by the Employer, whether for performing services or for other reasons (such as paid vacation, paid sick leave, etc.). To be eligible, you must satisfy the above requirements. Q.6. A.6. Once all the eligibility requirements set forth in A.5. are met, when do I actually join the Plan? You join the Plan on the first Entry Date which coincides with or immediately follows your satisfaction of the eligibility requirements. Of course, you must still be employed on the Entry Date in order to join the Plan. The Entry Dates for the Plan are each January 1, April 1, July 1 and October 1. 4
Q.7. A.7. What is a Break in Service? A Break in Service occurs when you are not credited with more than 500 Hours of Service in a Plan Year. For the purpose of avoiding a Break in Service, you may be given credit for Hours of Service even though you may not be performing your regular duties for the Employer. Generally, in order to receive such credit, you have to be paid or entitled to payment for your time off. For example, if you are off work on employer-paid disability leave (other than worker s compensation), you will receive credit for Hours of Service based on your average number of hours worked prior to your leave (up to a maximum of 501 Hours of Service). 501 Hours of Service would keep you from having a Break in Service. You are also entitled to credit for up to 501 Hours of Service if you are absent from work due to pregnancy, childbirth, adoption of a child, or caring for a child immediately after birth or adoption. The Administrator may require you to furnish proof that your absence was due to pregnancy, birth, adoption, or care of a child after birth or adoption, and may also require proof of the number of days of work you missed for such reasons. You should ask the Administrator if you desire more information about credit for maternity or paternity absences. The Plan will also give credit when required under State or Federal laws protecting Veterans of the Armed Forces. Q.8. A.8. What happens if I quit and receive a distribution of the vested portion of my account, and I am later rehired by the Employer? The non-vested portion of your account is immediately forfeited upon your termination of employment. If you receive a distribution of only a portion of your account (because the remainder is non-vested), and later resume employment covered under this Plan, your account will be restored to the amount in your account immediately prior to the distribution, provided that you repay the full amount of the distribution to the Plan on or before the earlier of (1) the date which is five years from the first day of your reemployment, or (2) the date you incur your fifth consecutive one-year Break in Service following the date of distribution. If you have a vested account balance of zero at the time of your termination of employment, you are deemed to have received a distribution of your vested account balance upon your termination of employment. If you return to work for the Employer before the earlier of (1) the date which is five years from the first day of your reemployment, or (2) the date you incur your fifth consecutive oneyear Break in Service following the date of distribution, your account will be restored to the amount which existed on the date of distribution. 5
CONTRIBUTIONS Q.9. A.9. How are contributions made to the Plan? Contributions are made to the Plan in several different forms: (1) Under the 401(k) feature of the Plan, contributions are made based on your election to have your salary reduced and have the reduction contributed to the Plan on your behalf. These amounts are referred to as Elective Deferrals. You can elect to change the amount of your 401(k) Elective Deferrals as of each January 1, April 1, July 1 and October 1, subject to adequate notice to the Plan Administrator. Under federal tax law, your 401(k) Elective Deferrals for each Plan Year are subject to an annual limit imposed by the IRS. Participants who reach age 50 before the end of a Plan Year also have the opportunity to elect 401(k) catch-up contributions in excess of the regular annual 401(k) limit. The annual 401(k) limits and the maximum catch-up contributions for all years since the effective date of this Plan are as follows: Year 401(k) Elective Deferral Limit Over 50 Catch-Up 2007 $15,500 $5,000 2008 $15,500 $5,000 2009 $16,500 $5,500 2010 $16,500 $5,500 For years after 2010, the $16,500 and $5,500 limits will be subject to further costof-living increases in $500 increments from time to time. Your Plan provides for automatic enrollment. This means that if you do not have an affirmative election to have Elective Deferrals contributed to the Plan at a particular rate (including an election of zero Elective Deferrals) by April 1, 2010 (or when you are first eligible to make Elective Deferrals, if later), you will be deemed to have made an election to have Elective Deferrals equal to two percent (2%) of your Compensation contributed to the Plan. This percentage will increase by one percent (1%) effective as of each April 1 after you are first eligible to make Elective Deferrals, up to a maximum of six percent (6%). This default election will cease to apply to you if, at any time, you make an affirmative election to have Elective Deferrals contributed to the Plan in any amount other 6
than the then applicable default percentage of your Compensation, or you make an affirmative election to have no Elective Deferrals contributed to the Plan. (2) Second, for each Plan Quarter (i.e., each period of 3 months ending March 31, June 30, September 30 or December 31), your Employer will make a Matching Contribution equal to a percentage of your 401(k) Elective Deferrals for the Plan Quarter. However, your 401(k) Elective Deferrals in excess of a percentage of your Compensation for the Plan Quarter will not be counted for this purpose. The percentage of your Elective Deferrals to be matched and the maximum Elective Deferrals counted for this purpose will be separately communicated to you. Also, in order to share in the Matching Contribution for any Plan Quarter, you must be employed by the Employer on the last day of the Plan Quarter, unless you terminated employment during the Plan Quarter due to your death or disability, or after your Normal Retirement Age (age 65) or Early Retirement Age (age 60 with at least 5 Years of Service, as defined in the Plan for purposes of vesting). (3) Third, your Employer may (but is not required to) make Nonelective Contributions to this Plan. Nonelective Contributions are independent of any 401(k) Elective Deferrals under the Plan; you do not need to make 401(k) Elective Deferrals in order to share in the allocation of Nonelective Contributions. (4) Finally, your Employer may (but is not required to) make Supplemental Nonelective Contributions to this Plan. Supplemental Nonelective Contributions are independent of any 401(k) Elective Deferrals under the Plan; you do not need to make 401(k) Elective Deferrals in order to share in the allocation of Supplemental Nonelective Contributions. Q.10. A.10. Which participants are entitled to share in the allocation of the Employer s Nonelective Contribution and Supplemental Nonelective Contribution for a Plan Year? Nonelective Contributions and Supplemental Nonelective Contributions by your Employer are divided among those participants who (1) are employed by the Employer on the last day of the Plan Year, and (2) have been credited with at least 1,000 Hours of Service for the Plan Year. However, you do not need to be employed on the last day of the Plan Year or have 1,000 Hours of Service for the Plan Year if you terminated employment during the Plan Year due to your death or disability, or after your Normal Retirement Age (age 65) or Early Retirement Age (age 60 with at least 5 Years of Service, as defined in the Plan for purposes of vesting). You are credited with an Hour of Service for each hour for which you are paid by the Employer, whether for performing services or for other reasons (such as paid vacation, paid sick leave, etc.). 7
Q.11. A.11. How much does my Employer contribute as a Nonelective Contribution and a Supplemental Nonelective Contribution? For each Plan Year, your Employer may contribute to the Plan a Nonelective Contribution and/or a Supplemental Nonelective Contribution in amounts determined by your Employer. Your Employer may elect to make no Nonelective Contribution and no Supplemental Nonelective Contribution for any one or more particular Plan Years. Q.12. A.12. How is my share of the Nonelective Contribution and the Supplemental Nonelective Contribution made by my Employer determined? If you are entitled to share in the allocation of the Employer s Nonelective Contribution for a Plan Year, your portion of the contribution is directly proportionate to your Compensation for the Plan Year as compared to the Compensation of all participants who are employed by Central WV MedCorp, Inc. and are entitled to share in the contribution. Supplemental Nonelective Contributions are generally made and allocated in the same manner as Nonelective Contributions. However, Supplemental Nonelective Contributions are only allocated among those participants who have completed one Year of Service (as defined in Q. & A. 5). Q.13. A.13. What is Compensation for purposes of the Plan? Compensation, as defined in your Plan, generally includes all compensation from the Employer which is taxable to you for federal income tax purposes (salary, wages, overtime pay, etc.). It also includes any elective contributions you make under this Plan, a 403(b) plan sponsored by your Employer or a cafeteria plan sponsored by your Employer, even though these elective contributions are not currently subject to federal income tax. However, for purposes of this Plan, your Compensation does not include (a) any amount paid to you in the form of a bonus, (b) any amount intended to reimburse you for moving expenses, (c) any amount intended to reimburse you for automobile expenses, (d) any amount constituting forgiveness for a loan to you from the Employer, (e) any incentive pay (including, but not limited to, gift cards), or (f) paid time off under the alternative method. Also, under IRS rules, compensation above $245,000 cannot be counted for plan purposes. ($245,000 is the 2010 limit. This limit may be adjusted by the IRS for cost-of-living increases from time to time.) 8
Finally, for your first year of participation in the Plan, Compensation paid prior to the Entry Date on which you joined the Plan will not be counted. Q.14. A.14. Does this Plan accept rollover contributions from other plans? This Plan permits rollover contributions from other retirement plans. Therefore, if you are entitled to a distribution from another retirement plan (such as a qualified 401(k) plan, pension plan or profit sharing plan maintained by a prior employer), you can elect to roll the account balance into this Plan. The rollover is a tax-free event for you. If you wish to make a rollover contribution to this Plan, please contact the Administrator. INVESTMENT OF PLAN ASSETS Q.15. A.15. How are the assets of the Plan invested? Your Plan provides that you are responsible for directing the manner in which the funds in your accounts will be invested. The Plan Administrator will provide further details concerning the investment options which are available for this purpose. VESTING Q.16. A.16. What does the term vested mean? A vested benefit is a benefit that cannot be forfeited even if you terminate your employment with the Employer. Although you might not be entitled to the payment of a vested benefit until a later date, you are absolutely entitled to the benefit at such time as it becomes payable. Q.17. A.17. What portions of my accounts are vested? Your Plan provides that you are always 100% vested in all amounts held in your 401(k) Elective Deferral Account, your Supplemental Nonelective Contribution Account and your Rollover Account (if any). 9
You also become fully vested in the entire amounts in your Matching Contribution Account and your Nonelective Contribution Account if you remain employed by the Employer: (1) when you reach the Plan s Normal Retirement Age (age 65), (2) when you reach the Plan s Early Retirement Age (age 60 with at least 5 Years of Service), (3) when you die, or (4) when you become totally disabled. Under any other circumstances, the vested percentage of your Matching Contribution Account is based on your Years of Service and is determined under the following schedule: Years of Service Vested Percentage less than 1 0% 1 50% 2 or more 100% Under any other circumstances, the vested percentage of your Nonelective Contribution Account is based on your Years of Service and is determined under the following schedule: Years of Service Vested Percentage less than 1 0% 1 20% 2 40% 3 60% 4 80% 5 or more 100% Q.18. A.18. How are my Years of Service determined for purposes of vesting? You are credited with a Year of Service for each Plan Year for which you are credited with at least 1,000 Hours of Service. You are credited with an Hour of Service for each hour for which you are paid by the Employer, whether for performing services or for other reasons (such as paid vacation, paid sick leave, etc.). 10
PAYMENT OF BENEFITS Q.19. A.19. How much will my Plan benefits be? It is impossible to determine, in advance, the exact amount of your benefits. Your benefits depend on the amount of your 401(k) Elective Deferrals, the amount of Employer contributions made on your behalf, the performance of the Plan investments you have selected, and the vested percentages of your accounts. Q.20. A.20. When will my benefits be paid? 401(k) Elective Deferral Account: That portion of your Plan interest attributable to 401(k) Elective Deferrals may not be distributed any earlier than upon your retirement, death, disability, separation from service with the Employer, or attainment of age 59½. Nonelective Contribution Account, Supplemental Nonelective Contribution Account and Matching Contribution Account: Benefits from your Nonelective Contribution Account, your Supplemental Nonelective Contribution Account and your Matching Contribution Account will generally not be paid from this Plan until after you separate from service with the Employer. (However, if you have reached age 59½, you can elect to receive an in-service distribution from the Plan.) You will have the opportunity to request a distribution of your entire vested Nonelective Contribution Account, your entire Supplemental Nonelective Contribution Account and your entire vested Matching Contribution Account following your separation. Rollover Account: You can elect to receive a distribution of your Rollover Account at any time. Required Minimum Distributions From All Accounts: By law, payments must begin not later than April 1 of the calendar year following the calendar year in which you reach age 70½ or in which you retire, whichever occurs later. Q.21. A.21. How do my benefits get paid to me? Benefits from the Plan will generally be paid in the form of a single sum distribution. 11
If you receive a single sum payment, you must either (1) elect a direct rollover to another qualified employer plan or an Individual Retirement Account, or (2) have 20% withheld for the payment of federal income tax. Further information on these rules will be provided before you receive a distribution from the Plan. Q.22. A.22. What happens if I die with benefits remaining in the Plan? Your account will be paid to your designated beneficiary. If you are married and you designate a beneficiary other than your spouse, your spouse must consent to the designation. If you do not have a surviving spouse at your death, and if you have not designated a beneficiary, your benefits will be paid in equal shares to the members of the first of the following classes that contain at least one person living at your death: (a) your children, (b) your parents, (c) your brothers and sisters, or (d) your estate. Q.23. A.23. If I believe I am entitled to benefits, what should I do? Application for Benefits. If you are entitled to a distribution of benefits from the Plan, you can elect to receive your distribution by completing forms supplied by the Administrator. In some cases, there may be a dispute about an employee s entitlement to Plan benefits. For this reason, government regulations require plans to have formal benefit claims procedures. These procedures are as follows: Claims Review Procedures. If you believe you are entitled to benefits, you should file a claim with the Administrator on forms supplied by the Administrator. Within 90 days after the date you file, the Administrator s decision will be given to you (unless special circumstances require the Administrator to take up to an additional 90 days to decide your claim). If your claim is denied, the reasons for such denial will be given to you in writing, and you will be told what you must do to have the claim approved (if that is possible). Appeal Procedures. If you are not satisfied with the Administrator s decision, you may request a hearing on a form supplied by the Administrator. Along with the form, you must give a written statement of your position. This must be done within 90 days from the time you receive notice of the denial of your claim. You will then be given a full and fair hearing within the next 30 days. Within another 30 days, the Administrator will issue its decision in writing to you. 12
Special Rules for Disability Benefits. Under government regulations, special procedures apply with respect to claims for disability benefits. Therefore, if you are claiming benefits under this Plan as a result of your disability, the following procedures apply: If you make a claim for benefits as a result of your disability, the Administrator must notify you of a denial of your claim within a reasonable period of time (but no later than 45 days after the Administrator s receipt of your claim). The Administrator may extend this period for up to 30 additional days, if the Administrator determines that the extension is necessary due to circumstances beyond the control of the Administrator. If an extension is necessary, the Administrator will notify you of the need for the extension before the end of the initial 45 day period, and will also notify you of the date by which the Administrator expects to make a decision. The period can be extended an additional 30 days if the Administrator determines that, due to circumstances beyond the control of the Administrator, the Administrator cannot make a decision within the original extended period. If a second extension is necessary, the Administrator will notify you of the need for the extension before the end of the initial 30 day extension, and will also notify you of the date by which the Administrator expects to make a decision. If you are claiming benefits as a result of disability, you will have 180 days to appeal a denial of your claim. The Administrator must notify you its decision on review within a reasonable period of time (but no later than 45 days after the Administrator s receipt of your appeal request). The 45 day period may be extended for an additional 45 days if the Administrator determines that special circumstances (such as the need to hold a hearing) require an extension. If an extension is required, the Administrator will notify you of the need for the extension before the end of the initial 45 day period, and will also notify you of the date by which the Administrator expects to make a decision on your appeal. Q.24. A.24. Can I lose any of my rights to benefits in the event of a divorce or child support proceedings? By law, the Administrator must follow the terms of any domestic relations order that meets the requirements for a Qualified Domestic Relations Order ( QDRO ). A court order, judgment, decree, or court-approved property settlement which relates to child support, alimony or marital property rights, and which is made pursuant to state domestic relations law, is a QDRO if: (1) it recognizes or creates the existence of another person s rights to your benefits, or assigns your right to receive benefit payments to another person; 13
(2) it specifies the names and address of all parties and the Plan, the amount of payments to be made under the order, and the manner in which they are to be paid; and (3) it does not violate the terms of the Plan or the terms of a previous QDRO. The Administrator is required by law to determine whether any domestic relations order qualifies as a QDRO. Q.25. A.25. What happens if the Plan is terminated? Although the Plan is intended to continue indefinitely, the Employer has the right to terminate the Plan. If the Plan is terminated, all Participants will become 100% vested in their account balances as of the date of termination. You will be notified by the Administrator if the Employer decides to terminate the Plan. At that time, you will be informed of your right to comment to the appropriate federal agencies, and your rights regarding the distribution of the Plan assets. YOUR ERISA RIGHTS THIS SUMMARY PLAN DESCRIPTION HAS BEEN PROVIDED IN COMPLIANCE WITH THE EMPLOYEE RETIREMENT INCOME SECURITY ACT OF 1974 ( ERISA ). ALTHOUGH EVERY EFFORT HAS BEEN MADE TO MAKE THIS SUMMARY AS COMPLETE AND ACCURATE AS POSSIBLE, CONFLICTS OR DIFFERENCES MAY ARISE BETWEEN THE CONTENTS OF THE PLAN DOCUMENT AND THE CONTENTS OF THIS SUMMARY. IN ALL SUCH CASES, THE CONTENTS OF THE PLAN DOCUMENT WILL CONTROL. THE ADMINISTRATOR HAS A COPY OF THE PLAN DOCUMENT, WHICH IS AVAILABLE TO YOU UPON REQUEST. THE FOLLOWING IS A SUMMARY OF YOUR ERISA RIGHTS AS A PARTICIPANT IN THE PLAN: As a participant in the plan, you are entitled to certain rights and protections under the Employee Retirement Income Security Act of 1974 (ERISA). ERISA provides that all plan participants shall be entitled to: 14
Receive Information About Your Plan and Benefits Examine, without charge, at the plan administrator s office and at other specified locations, such as worksites, all documents governing the plan, including insurance contracts, and a copy of the latest annual report (Form 5500 Series) filed by the plan with the U.S. Department of Labor and available at the Public Disclosure Room of the Pension and Welfare Benefit Administration. Obtain, upon written request to the plan administrator, copies of documents governing the operation of the plan, including insurance contracts, and copies of the latest annual report (Form 5500 Series) and updated summary plan description. The administrator may make a reasonable charge for the copies. Receive a summary of the plan s annual financial report. The plan administrator is required by law to furnish each participant with a copy of this summary annual report. Obtain a statement telling you whether you have a right to receive a pension at normal retirement age and, if so, what your benefits would be at normal retirement age if you stop working under the plan now. If you do not have a right to a pension, the statement will tell you how many more years you have to work to get a right to a pension. This statement must be requested in writing and is not required to be given more than once every twelve (12) months. The plan must provide the statement free of charge. Prudent Actions by Plan Fiduciaries In addition to creating rights for plan participants, ERISA imposes duties upon the people who are responsible for the operation of the employee benefit plan. The people who operate your plan, called fiduciaries of the plan, have a duty to do so prudently and in the interest of you and other plan participants and beneficiaries. No one, including your employer, or any other person, may fire you or otherwise discriminate against you in any way to prevent you from obtaining a pension benefit or exercising your rights under ERISA. Enforce Your Rights If your claim for a pension benefit is denied or ignored, in whole or in part, you have a right to know why this was done, to obtain copies of documents relating to the decision without charge, and to appeal any denial, all within certain time schedules. Under ERISA, there are steps you can take to enforce the above rights. For instance, if you request a copy of plan documents or the latest annual report from the plan and do not receive them within 30 days, you may file suit in a Federal court. In such a case, the court may require the plan administrator to provide the materials and pay you up to $110 a day until you receive the materials, unless the materials were not sent because of reasons beyond the control of the administrator. If you have a claim for benefits which is denied 15
or ignored, in whole or in part, you may file suit in a state or Federal court. In addition, if you disagree with the plan s decision or lack thereof concerning the qualified status of a domestic relations order (or a medical child support order), you may file suit in Federal court. If it should happen that plan fiduciaries misuse the plan s money, or if you are discriminated against for asserting your rights, you may seek assistance from the U.S. Department of Labor, or you may file suit in a Federal court. The court will decide who should pay court costs and legal fees. If you are successful the court may order the person you have sued to pay these costs and fees. If you lose, the court may order you to pay these costs and fees, for example, if it finds your claim is frivolous. Assistance with Your Questions If you have any questions about your plan, you should contact the plan administrator. If you have any questions about this statement or about your rights under ERISA, or if you need assistance in obtaining documents from the plan administrator, you should contact the nearest office of the Pension and Welfare Benefits Administration, U.S. Department of Labor, listed in your telephone directory or the Division of Technical Assistance and Inquiries, Pension and Welfare Benefits Administration, U.S. Department of Labor, 200 Constitution Avenue N.W., Washington, D.C. 20210. You may also obtain certain publications about your rights and responsibilities under ERISA by calling the publications hotline of the Pension and Welfare Benefits Administration. 16
SUMMARY PLAN DESCRIPTION OF THE DAVIS HEALTH SYSTEM 401(k) PROFIT SHARING PLAN FOR EMPLOYEES OF CENTRAL WV MEDCORP, INC. TABLE OF CONTENTS INTRODUCTION... 1 MISCELLANEOUS INFORMATION... 1 ADMINISTRATION... 3 ELIGIBILITY AND PARTICIPATION... 3 CONTRIBUTIONS... 6 INVESTMENT OF PLAN ASSETS... 9 VESTING... 9 PAYMENT OF BENEFITS... 11 YOUR ERISA RIGHTS... 14
SUMMARY PLAN DESCRIPTION OF THE DAVIS HEALTH SYSTEM 401(k) PROFIT SHARING PLAN FOR EMPLOYEES OF CENTRAL WV MEDCORP, INC. Updated January 2010