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| 403(b) SUMMARY PLAN DESCRIPTION |
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DCCCA, INC. 403(b) PLAN
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| Taxable Year | Limit |
| 2002 | $11,000 |
| 2003 | $12,000 |
| 2004 | $13,000 |
| 2005 | $14,000 |
| 2006 | $15,000 |
If you attain age 50 by the end of the Plan Year, you will be eligible to contribute additional amounts to the Plan which are called “catch-up” contributions.
The amount you elect to defer will be deducted from your pay in accordance with a procedure established by your Employer and the Administrator. The procedure will require that you enter into a written salary reduction agreement after you satisfy the Plan's eligibility requirements.
You should also be aware that the annual dollar limit is an aggregate limit which applies to all deferrals you may make under this Plan or other cash or deferred arrangements (including other tax-sheltered 403(b) annuity contracts, simplified employee pensions or 401(k) plans in which you may be participating). Generally, if your total deferrals under all of these arrangements for a calendar year exceed the annual dollar limit, the excess must be included in your income for the year. For this reason, it is desirable to request in writing that these excess deferrals be returned to you. If you fail to request such a return, you may be taxed a second time when the excess deferral is ultimately distributed from the Plan.
You must decide which plan or arrangement you would like to have return the excess. If you decide that the excess should be distributed from this Plan, you should communicate this in writing to the Administrator no later than the March 1st following the close of the calendar year in which such excess deferrals were made. The Administrator may then cause the excess deferral and any earnings to be returned to you by April 15th.
The Administrator will allocate the amount you elect to defer to an account maintained on your behalf.
You will always be 100% vested in the amount you deferred. This means that you will always be entitled to all of the deferred amount. This money will, however, be affected by any investment gains or losses. If there is a gain, the balance in your account would increase. Of course, if there was a loss, the balance in your account would decrease. Your interest in this account cannot be forfeited for any reason.
Distributions from your deferral account (including any offset of loans) are not permitted before age 59 1/2 EXCEPT in the event of:
1. death;
2. disability;
3. separation from service; or
4. reasons of proven financial hardship.
How often can I modify the amount I contribute?
The amount you elect to defer will be deducted from your pay in accordance with a procedure established by your Employer and Administrator. The procedure will require that you enter into a written salary reduction agreement after you satisfy the Plan's eligibility requirements. You will be permitted to modify your election during the Plan Year. However, changes to a salary reduction election are only permitted four times each year, prior to the first day of each Plan Year quarter. You are also permitted to revoke your election any time during the Plan Year.
How will the Employer matching contribution be allocated to my account?
If you are eligible, the Administrator will allocate to your account the matching contribution made to the Plan on your behalf. (See the question in this Article "How much will my Employer contribute to the Plan?" to determine if you are eligible.)
These contributions will vest (your ownership rights) in accordance
with the vesting schedule. (See the question in Article III "How
do I determine my vested percentage?")
How will the Employer discretionary contribution
be allocated to my account?
Your Employer's non-matching discretionary contribution will be allocated or divided among participants eligible to share in the contribution for the Plan Year. Your share of the contribution will depend upon how much compensation you received during the year and the compensation received by other eligible participants.
Your share of your Employer's non-matching discretionary contribution is determined by the following fraction:
| Employer's Discretionary Contribution | X | Your Compensation -------------------- Total Compensation of All Participants Eligible to Share |
For example: Suppose the Employer's contribution for the Plan
Year is $20,000.
Employee A's compensation for the Plan Year is $25,000. The total
compensation of all participants eligible to share, including
Employee A, is $250,000. Employee A's share will be:
| $20,000 | X | $25,000 -------------------- $250,000 |
or $2,000 |
These contributions will vest (your ownership rights) in accordance with the vesting schedule. (See the question in Article III "How do I determine my vested percentage?")
What compensation is used to determine my Plan benefits?
For the purposes of your Plan, compensation has a special meaning. Compensation is defined as your total compensation during a Plan Year that is subject to income tax and is reflected on your W-2 Form plus your salary reduction contributions to any plan or arrangement maintained by your Employer.
Your compensation will be recognized for benefit purposes from your date of entry into the Plan.
Is there a limit on the amount of compensation which can be considered?
The Plan, by law, cannot recognize compensation in excess of $200,000 ($170,000 for years beginning prior to 2002). This amount will be adjusted in future years for cost of living increases.
May I "rollover" payments from other 403(b) plans?
With the consent of the Administrator, you may be permitted to deposit into your Plan distributions you have received from other 403(b) plans. Such a deposit is called a "rollover" and may result in tax savings to you. You should consult qualified counsel to determine if a rollover is in your best interest.
Your rollover will be placed in a separate account called a "participant's rollover account." The Administrator may establish rules for investment.
You will always be 100% vested in your "rollover account." This means that you will always be entitled to all of your rollover contributions. Rollover contributions will be affected by any investment gains or losses. If this money was invested and there was a gain, the balance in your account would increase. Of course, if there were a loss from an investment, the balance in your account would decrease.
May I "transfer" amounts from other 403(b) plans?
With the consent of the Administrator, you may be permitted to deposit into your Plan transfers from other plans. Such a deposit is called a "transfer" and may result in tax savings to you. You should consult qualified counsel to determine if a transfer is in your best interest. Your transfer will be placed in a separate account called a "participant's transfer account." The Administrator may establish rules for investment.
You will always be 100% vested in your "transfer account." This means that you will always be entitled to all of your transfers. Amounts transferred will be affected by any investment gains or losses. If this money was invested and there was a gain, the balance in your account would increase. Of course, if there were a loss from an investment, the balance in your account would decrease.
How is the money in the Plan invested?
Your Employer has established procedures to permit you to direct the investment of contributions made by you or on your behalf to the Plan. These are called the "Participant Direction Procedures." You should request a copy of these Procedures from the Administrator.
You need to follow these Procedures when you direct investments by giving instructions to the Administrator. You should review the information in these Procedures carefully before you give investment directions. In addition, the Procedures indicate how you can obtain other important information available from the Administrator on directed investments.
The Plan is intended to be a plan described in Section 404(c) of the Employee Retirement Income Security Act of 1974. If the Plan complies with this Section, which it intends to do, then the fiduciaries of the Plan, including the Employer and the Administrator, will be relieved of any legal liability for any losses which are the direct and necessary result of the investment directions that you give. The Participant Direction Procedures must be followed in giving investment directions. If you fail to do so, then your investment directions need not be followed. You are not required to direct investments. If you choose not to direct investments, then the Administrator is responsible for investing your accounts in a prudent manner.
When you direct investments, your accounts are segregated for purposes of determining the gains, earnings or losses on these investments. Your account does not share in the investment performance for other participants who have directed their own investments.
In directing your investments, you should remember that the amount of your benefits under the Plan will depend in part upon your choice of investments. If you choose investments which produce gains and other earnings, your benefits will tend to increase in value over the period your investments perform accordingly. Conversely, if you choose investments that have losses, your benefits will tend to decrease in value over the period your investments perform accordingly. Losses can occur. There are no guarantees of performance, and neither the Employer and the Administrator, nor any of their representatives provide investment advice or insure or otherwise guarantee the value or performance of any investment you choose. You may direct the investment of your entire interest in the Plan.
ARTICLE III
RETIREMENT BENEFITS
When will I receive payments from the Plan?
At your Normal Retirement Age, you will be entitled to 100% of your account balance. Payment of your benefits will, at your election, occur as soon as practicable following your actual retirement but not prior to your Normal Retirement Date. If you continue working after your Normal Retirement Age, your benefits will be deferred to your Late Retirement Date.
However, if you are a five (5) percent owner, payment cannot be deferred past the April 1st following the end of the year in which you attain age 70 1/2.
What is my Normal Retirement Date?
Your Normal Retirement Date is your Normal Retirement Age.
You will attain your Normal Retirement Age when you reach your 65th birthday.
What is my Late Retirement Date?
You may remain employed past your Plan's Normal Retirement Date and retire instead on your Late Retirement Date. Your Late Retirement Date is the date you choose to retire after first having reached your Normal Retirement Date.
What happens if I leave the Employer's workforce before I retire?
Your Plan is designed to encourage you to stay with your Employer until retirement. Payment of your account balance under your Plan is available upon your death, disability or retirement.
If your employment terminates for reasons other than those listed above, you will be entitled to receive only your "vested percentage" of your account balance and the remainder of your account will be forfeited. Only contributions made by your Employer are subject to forfeiture. (See the question in this Article "How do I determine my vested percentage?") You may elect to have your vested benefit distributed to you as soon as administratively feasible following your termination of employment. However, if the value of your vested benefit is less than a certain dollar threshold, a distribution will be made to you within a reasonable time after you terminate employment. (See the question in Article V "How will my benefits be paid?" for an explanation of the dollar threshold.)
How do I determine my "vested percentage?"
Your "vested percentage" in your account is determined under the following schedule and is based on vesting Years of Service. You will always, however, be 100% vested upon your Normal Retirement Age.
Vesting Schedule
| Years of Service | Percentage |
| 2 | 20% |
| 3 | 40% |
| 4 | 60% |
| 5 | 80% |
| 6 | 100% |
However, matching contributions attributable to salary reduction amounts in excess of a certain dollar limit (see the question in Article II "How much may I contribute to the Plan?" to determine the dollar limit), or salary reduction amounts that are distributed in a corrective distribution, will be forfeited.
Regardless of the vesting schedule above, you are always 100% vested in your salary reduction amounts contributed to the Plan.
Your vested percentage shall not be less than your vested percentage under the Plan before this amendment and restatement.
What happens if I'm rehired?
If you return to service with the Employer, your Years of Service before you left will count for the purpose of your "vested percentage" in future contributions made to the Plan.
If you have no vested benefit in your account balance when you leave, your account balance will be forfeited. However, if you return to service with the Employer before incurring five consecutive 1-Year Breaks in Service, your account balance as of your termination date will be restored unadjusted for any gains or losses.
If you are partially vested in your account balance when you leave, the non-vested portion of your account balance will be forfeited on the earlier of:
1. the distribution of your entire vested account balance, or
2. your incurrence of five consecutive 1-Year Breaks in Service. If you received a distribution of your entire vested account balance, and are reemployed prior to incurring five consecutive 1-Year Breaks in Service, you may repay this distribution. If you repay the entire amount of the distribution, your Employer will restore your account balance with your forfeited amount. You must repay this distribution within five years from your date of reemployment, or, if earlier, before you incur five consecutive 1-Year Breaks in Service. If you were fully vested when you left, you do not have the opportunity to repay your distribution.
What happens to the non-vested portion of a terminated participant's account balance?
Forfeitures under the Plan will be used to reduce Employer contributions to the Plan.
ARTICLE IV
DISABILITY BENEFITS
How is disability determined?
Under your Plan, disability is defined as a physical or mental condition resulting from bodily injury, disease, or mental disorder which renders you incapable of continuing your usual and customary employment with your Employer. Your disability shall be determined by a licensed physician chosen by the Administrator.
What happens if I become disabled?
If you become disabled while a participant, you will be entitled to 100% of your account balance. Payment of your disability benefits will be made to you as if you had retired. However, if the value of your vested benefit is less than a certain dollar threshold, a distribution will be made to you within a reasonable time after you terminate employment. (See the question in Article V "How will my benefits be paid?" for an explanation of the dollar threshold.)
ARTICLE V
FORM OF BENEFIT PAYMENT
How will my benefits be paid?
At the time you are entitled to receive a distribution under the Plan, the Administrator will direct the payment of your benefits to you in one lump-sum cash payment.
If your vested benefit under the Plan does not exceed $5,000, then the Administrator will direct the distribution of your entire vested benefit to you if the distribution occurs prior to the later of your age 62 or Normal Retirement Age.
If your vested benefit under the Plan exceeds $5,000, then you must give written consent before the distribution may be made.
With respect to distributions after 2001, determining your vested benefit under the Plan, "rollovers" (and any earnings allocable to the "rollover" contributions) will not be taken into account. (See the question "May I "rollover" payments from other 403(b) plans?" found in the Article in this SPD entitled "CONTRIBUTIONS" for an explanation of a "rollover.")
May I delay the receipt of benefits?
Yes. In addition to the benefit payment mentioned above, there are rules which require that certain minimum distributions be made from the Plan. If you are a 5% owner, distributions are required to begin not later than the April 1st following the end of the year in which you reach age 70 1/2. If you are not a 5% owner, distributions are required to begin not later than the later of the April 1st following the end of the year in which you reach age 70 1/2 or retire. You should see the Administrator if you feel you may be affected by these rules.
ARTICLE VI
DEATH BENEFITS
What happens if I die while working for the Employer?
Your beneficiary will be entitled to a single lump-sum distribution of 100% of your account balance upon your death.
Are there any special rules if I'm married?
If you are married at the time of your death, your spouse will be the beneficiary of the death benefit, unless you otherwise elect in writing on a form to be furnished to you by the Administrator. IF YOU WISH TO DESIGNATE A BENEFICIARY OTHER THAN YOUR SPOUSE, HOWEVER, YOUR SPOUSE MUST IRREVOCABLY CONSENT TO WAIVE ANY RIGHT TO THE DEATH BENEFIT. YOUR SPOUSE'S CONSENT MUST BE IN WRITING, BE WITNESSED BY A NOTARY OR A PLAN REPRESENTATIVE AND ACKNOWLEDGE THE SPECIFIC NONSPOUSE BENEFICIARY.
If, however,
1. your spouse has validly waived any right to the death benefit in the manner outlined above,
2. your spouse cannot be located; or
3. you are not married at the time of your death, then your death benefit will be paid to the beneficiary of your own choosing in a single lump sum. You may designate the beneficiary on a form to be supplied to you by the Administrator. If you change your designation, your spouse must again consent to the change.
When does the last payment need to be made to my beneficiary?
Your entire death benefit must generally be paid to your beneficiaries within five years after your death. However, if your surviving spouse is your beneficiary, then the payment of your death benefit may be delayed until the year in which you would have attained age 70 1/2. Your spouse must make a written election to delay the payment of your death benefit. This election must be made by the earlier of December 31st of the year following your death (or the year you would have attained age 70 1/2, if later) or December 31st of the year in which the fifth anniversary of your death occurs.
Since your spouse participates in these elections and has certain rights in the death benefit, you should immediately report any change in your marital status to the Administrator.
What happens if I'm a participant, terminate employment and die either before or after my benefits are paid?
If you terminate employment with the Employer and subsequently die, your beneficiary will be entitled to the vested percentage, if any, of your account balance at the time of your death and the vested portion of amounts contributed by DCCCA, Inc..
ARTICLE VII
IN-SERVICE DISTRIBUTION
Can I withdraw money from my account while working?
You may be entitled to receive a pre-retirement distribution if you have reached the age of 60, completed at least 10 Years of Service and are 100% vested in your account from which such distribution is made. However, any distribution will reduce the value of the benefits you will receive at normal retirement. This distribution is made at your election.
Can I withdraw money from my account in the event of financial hardship?
The Administrator may direct the distribution to you of up to 100% of your account balance attributable to your salary reduction election in the event of an immediate and heavy financial need. This hardship distribution is not in addition to your other benefits and will therefore reduce the value of the benefits you will receive at normal retirement.
Withdrawal will be authorized only if the distribution is to be used for one of the following purposes:
1. The payment of expenses for medical care (described in Section 213(d) of the Internal Revenue Code) previously incurred by you or your dependent or necessary for you or your dependent to obtain medical care;
2. The costs directly related to the purchase of your principal residence (excluding mortgage payments);
3. The payment of tuition, related educational fees, and room and board expenses for the next twelve (12) months of post-secondary education for yourself, your spouse or dependent; or
4. The payment necessary to prevent your eviction from your principal residence or foreclosure on the mortgage of your principal residence.
Are there any conditions to receiving a hardship distribution?
A distribution will be made from your account, but only if you certify and agree that all of the following conditions are satisfied:
1. The distribution is not in excess of the amount of your immediate and heavy financial need. The amount of your immediate and heavy financial need may include any amounts necessary to pay any federal, state, or local taxes or penalties reasonably anticipated to result from the distribution;
2. You have obtained all distributions, other than hardship distributions, and all nontaxable (at the time of the loan) loans currently available under all plans maintained by your Employer;
3. That your contributions to this Plan and any other plan maintained by your Employer will be suspended for at least six (6) months after your receipt of the hardship distribution; and
4. That you will not make elective contributions for your taxable year immediately following the taxable year of the hardship distribution, except to the extent permitted by the Plan.
In addition to these rules, there are restrictions placed on hardship distributions which are made from certain accounts. These accounts are generally the accounts which receive your salary reduction contributions. Any hardship distribution from these accounts will be limited, as of the date of distribution, to your total salary reduction contributions, reduced by the amount of any previous distributions made to you from these accounts. Ask your Administrator if you need further details.
ARTICLE VIII
TAX TREATMENT OF DISTRIBUTIONS
How do I treat distributions from the Plan?
Whenever you receive a distribution from your Plan, it will normally be subject to income taxes.
Can I reduce or defer tax on my distribution?
You may reduce, or defer entirely, the tax due on your distribution through use of one of the following methods:
1. The rollover of all or a portion of the distribution to a traditional Individual Retirement Account (IRA) or another 403(b) plan. This will result in no tax being due until you begin withdrawing funds from the traditional IRA or other 403(b) plan. The rollover of the distribution, however, MUST be made within strict time frames (normally, within 60 days after you receive your distribution). Under certain circumstances all or a portion of a distribution (such as a hardship distributionafter 1999 from your salary reduction contributions and, after 2001, any hardship distribution) may not qualify for this rollover treatment. In addition, most distributions will be subject to mandatory federal income tax withholding at a rate of 20%. This will reduce the amount you actually receive. For this reason, if you wish to rollover all or a portion of your distribution amount, the direct transfer option described in paragraph 2. below would be the better choice.
2. You may request for most distributions that a direct transfer of all or a portion of your distribution amount be made to either a traditional Individual Retirement Account (IRA) or another 403(b) plan willing to accept the transfer. A direct transfer will result in no tax being due until you withdraw funds from the traditional IRA or other 403(b) plan. Like the rollover, under certain circumstances all or a portion of the amount to be distributed may not qualify for this direct transfer, e.g., a distribution of less than $500 will not be eligible for a direct transfer. If you elect to actually receive the distribution rather than request a direct transfer, then in most cases 20% of the distribution amount will be withheld for federal income tax purposes.
WHENEVER YOU RECEIVE A DISTRIBUTION, THE ADMINISTRATOR WILL DELIVER TO YOU A MORE DETAILED EXPLANATION OF THESE OPTIONS. HOWEVER, THE RULES WHICH DETERMINE WHETHER YOU QUALIFY FOR FAVORABLE TAX TREATMENT ARE VERY COMPLEX. YOU SHOULD CONSULT WITH QUALIFIED TAX COUNSEL BEFORE MAKING A CHOICE.
ARTICLE IX
SERVICE RULES
What is a Year of Service?
The term "Year of Service" is used in this Summary Plan Description and in your Plan. A Year of Service for eligibility purposes is defined as follows:
You will have completed a Year of Service if, at the end of your first twelve consecutive months of employment with your Employer, you have been credited with 1000 Hours of Service.
If you have not been credited with 1000 Hours of Service by the end of your first twelve consecutive months of employment, you will have completed a Year of Service at the end of any following Plan Year during which you were credited with 1000 Hours of Service.
You will have completed a Year of Service for vesting purposes if you are credited with 1000 Hours of Service during a Plan Year, even if you were not employed on the first or last day of the Plan Year.
You will have completed a Year of Service for purposes of sharing in Employer contributions if you are credited with 1000 Hours of Service during a Plan Year.
For purposes of determining whether you have completed a Year of Service where the computation period is based upon a Short Plan Year, your Administrator will notify you of the number of Hours of Service that are required and the method of calculating a Year of Service.
What is an Hour of Service?
You will be credited with an Hour of Service for:
1. each hour for which you are directly or indirectly compensated by your Employer for the performance of duties during the Plan Year;
2. each hour for which you are directly or indirectly compensated by the Employer for reasons other than the performance of duties (such as vacation, holidays, sickness, disability, lay-off, military duty, jury duty or leave of absence during the Plan Year); and
3. each hour for back pay awarded or agreed to by the Employer. You will not be credited for the same Hours of Service both under (1) or (2), as the case may be, and under (3).
When will I incur a 1-Year Break in Service?
You will incur a 1-Year Break in Service for any computation period during which you have not completed more than 500 Hours of Service with your Employer.
A 1-Year Break in Service does not occur, however, in the computation period in which you enter or leave the Plan for reasons of:
1. an authorized leave of absence;
2. certain maternity and paternity leaves of absence. The Administrator will be required to credit you with Hours of Service for a maternity or paternity absence. These are absences taken on account of pregnancy, birth, or adoption of your child. No more than 501 Hours of Service shall be credited for this purpose and these Hours of Service shall be credited solely to avoid your incurring a 1-Year Break in Service. The Administrator may require you to furnish him with proof that your absence qualifies as a maternity or paternity absence.
As a veteran, will my military service count as service with the Employer? If you are a veteran and are reemployed under the Uniformed Services Employment and Reemployment Rights Act of 1994, your qualified military service may be considered service with the Employer. If you may be affected by this law, ask your Administrator for further details.
ARTICLE X
LOANS
May I borrow money from the Plan?
You may apply to the Administrator for a loan from the Plan. Your application must be in writing on forms which the Administrator will provide to you. The Administrator may also request that you provide additional information, such as financial statements, tax returns and credit reports. After considering your application, the Administrator may, in its discretion, determine that you qualify for the loan.
What are the loan rules and requirements?
There are various rules and requirements that apply for any loan. These rules are outlined in this question. In addition, your Employer has established a written loan program which explains these requirements in more detail. You can request a copy of the loan program from the Administrator. Generally, the rules for loans include the following:
-- Loans must be made available to all participants and their beneficiaries on a uniform and non-discriminatory basis.
-- All loans must be adequately secured. You may use up to one-half (1/2) of your vested account balance under the Plan as security for the loan. If more security is required, the Administrator will inform you of the types of security which are acceptable. The Plan may also require that repayments on the loan obligation be by payroll deduction.
-- All loans must bear a reasonable rate of interest. The interest rate must be one a bank or other professional lender would charge for making a loan in a similar circumstance.
-- All loans must have a definite repayment period which provides for payments to be made not less frequently than quarterly, and for the loan to be amortized on a level basis over a reasonable period of time, not to exceed five (5) years. However, if you use the loan to acquire your principal residence, you may repay the loan over a reasonable period of time that may be longer than five (5) years. Loan repayments may be suspended for any part of any period during which you are performing service in the uniformed services.
-- All loans will be considered a directed investment from your account under the Plan. All payments of principal and interest by you on a loan shall be credited to your account.
-- The amount the Plan may loan to you is limited by rules under the Internal Revenue Code. All loans, when added to the outstanding balance of all other loans from the Plan, will be limited to the lesser of:
1. $50,000 reduced by the excess, if any, of your highest outstanding balance of loans from the Plan during the one-year period prior to the date of the loan over your current outstanding balance of loans; or
2. one-half (1/2) of your vested account balance.
Also, no loan in an amount less than $1,000 will be made.
-- If you fail to make payments when they are due under the loan, you will be considered to be "in default." The Plan would then have authority to take all reasonable actions to collect the balance owing on the loan. This could include filing a lawsuit or foreclosing on the security for the loan. Under certain circumstances, a loan that is in default may be considered a distribution from the Plan, and could result in taxable income to you. In any event, your failure to repay a loan will reduce the benefit you would otherwise be entitled to from the Plan.
ARTICLE XI
PROTECTED BENEFITS
Is my benefit protected?
As a general rule, your interest in your account, including your vested interest, may not be alienated. This means your interest may not be sold, used as collateral for a loan (other than a Plan loan), given away or otherwise transferred. In addition, your creditors may not attach, garnish or otherwise interfere with your account.
Are there any exceptions to the general rule?
There are two exceptions to the general rule. The Administrator must honor a "qualified domestic relations order." A "qualified domestic relations order" is defined as a decree or order issued by a court that obligates you to pay child support or alimony, or otherwise allocates a portion of your assets in the Plan to your spouse, former spouse, child or other dependent. If a qualified domestic relations order is received by the Administrator, all or a portion of your benefits may be used to satisfy the obligation. The Administrator will determine the validity of any domestic relations order received. You and your beneficiaries can obtain, without charge, a copy of the QUALIFIED DOMESTIC RELATIONS ORDER PROCEDURE from the Administrator.
The second exception applies if you are involved with the Plan's administration. If you are found liable for any action that adversely affects the Plan, the Administrator can offset your benefits by the amount you are ordered or required by a court to pay the Plan. All or a portion of your benefits will be used to satisfy any such obligation to the Plan.
Can the Plan be amended?
Yes. Your Employer has the right to amend the Plan at any time. In no event, however, will any amendment authorize or permit any part of the Plan assets to be used for purposes other than the exclusive benefit of participants or their beneficiaries. Additionally, no amendment will cause any reduction in the amount credited to your account.
What happens if the Plan is discontinued or terminated?
Your Employer has the right to terminate the Plan at any time. Upon termination, no further contributions will be made to the Plan and all amounts credited to your accounts will become 100% vested. We will direct the distribution of your accounts in a manner permitted by the Plan as soon as practicable. (See the question "How will my benefits be paid?" found in the Article of this SPD entitled "FORM OF BENEFIT PAYMENT.") You will be notified of any modification or termination of the Plan.
What are my rights as a Plan participant?
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:
1. Examine, without charge, at the Administrator's office and at other specified locations, all documents governing the Plan, including insurance contracts and collective bargaining agreements, 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.
2. Obtain, upon written request to the Administrator, copies of documents governing the operation of the Plan, including insurance contracts and collective bargaining agreements, 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.
3. 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.
4. 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 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 will provide this statement free of charge.
What duties are imposed on the people who operate the Plan?
In addition to creating rights for Plan participants, ERISA imposes duties upon the people who are responsible for the operation of the Plan. These people called "fiduciaries" of the Plan, have a duty to operate the Plan 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.
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 materials 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 Administrator to provide the materials and pay you up to $110.00 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 a pension benefit which is denied 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 support order, you may file suit in Federal court.
If it should happen that the Plan's 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 if, for example, it finds your claim is frivolous.
How do I submit a claim for Plan benefits?
You may submit to the Administrator a written claim for benefits under the Plan. The Administrator will evaluate your claim to determine if benefits are payable to you under the terms of the Plan. The Administrator may solicit additional information from you if necessary to evaluate the claim.
If the Administrator determines the claim is valid, then you will receive a statement describing the amount of benefit, the method or methods of payment, the timing of distributions and other information relevant to the payment of the benefit.
What if my benefits are denied?
Benefits will be paid to participants and their beneficiaries without the necessity of formal claims. You or your beneficiaries may make a request for any Plan benefits to which you believe you are entitled. Any such request should be in writing and should be made to the Administrator.
Your request for Plan benefits will be considered a claim for Plan benefits, and it will be subject to a full and fair review. If your claim is wholly or partially denied, the Administrator will furnish you with a written notice of this denial. This written notice must be provided to you within a reasonable period of time (generally 90 days) after the receipt of your claim by the Administrator. The written notice must contain the following information:
1. the specific reason or reasons for the denial;
2. specific reference to those Plan provisions on which the denial is based;
3. a description of any additional information or material necessary to correct your claim and an explanation of why such material or information is necessary; and
4. appropriate information as to the steps to be taken if you or your beneficiary want to submit your claim for review.
If notice of the denial of a claim is not furnished to you in accordance with the above within a reasonable period of time, your claim will be deemed denied. You will then be permitted to proceed to the review stage.
If your claim has been denied, and you wish to submit your claim for review, you must follow the Claims Review Procedure.
What is the Claims Review Procedure?
Upon the denial of your claim for benefits, you may file your claim for review, in writing, with the Administrator.
1. YOU MUST FILE THE CLAIM FOR REVIEW NO LATER THAN 60 DAYS AFTER YOU HAVE RECEIVED WRITTEN NOTIFICATION OF THE DENIAL OF YOUR CLAIM FOR BENEFITS, OR IF NO WRITTEN DENIAL OF YOUR CLAIM WAS PROVIDED, NO LATER THAN 60 DAYS AFTER THE DEEMED DENIAL OF YOUR CLAIM.
2. You may review all pertinent documents relating to the denial of your claim and submit any issues and comments, in writing, to the Administrator.
3. Your claim for review must be given a full and fair review. If your claim is denied, the Administrator must provide you with written notice of this denial within 60 days after the Administrator's receipt of your written claim for review. There may be times when this 60 day period may be extended. This extension may only be made, however, when there are special circumstances which are communicated to you in writing within the 60 day period. If there is an extension, a decision shall be made as soon as possible, but not later than 120 days after receipt by the Administrator of your claim for review.
4. The Administrator's decision on your claim for review will be communicated to you in writing and will include specific references to the pertinent Plan provisions on which the decision was based.
5. If the Administrator's decision on review is not furnished to you within the time limitations described above, your claim will be deemed denied on review.
6. If benefits are provided or administered by an insurance company, insurance service, or other similar organization which is subject to regulation under the insurance laws, the claims procedure relating to those benefits may provide for review. If so, that company, service, or organization will be the entity to which claims are addressed. If you have any questions regarding the proper person or entity to address claims, you should ask the Administrator.
If you have a claim for benefits which is denied upon review or ignored, in whole or in part, you may file suit in a state or Federal court.
What can I do if I have questions or my rights are violated?
If you have any questions about the Plan, you should contact the 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 Administrator, you should contact the nearest office of the Pension and Welfare Benefits Administration, U.S. Department of Labor, listed in the 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.
ARTICLE XII
CALCULATION OF MAXIMUM CONTRIBUTION
How do I calculate my maximum contribution?
Contributions made to your account, within certain limits, are excludable from your federal gross income.
The first limitation is your salary reduction limit, which generally cannot exceed $11,000 (as adjusted in future years). Salary reduction contributions in excess of this amount are includible in your gross income in the year contributed.
Another limitation is an overall contribution limit which generally limits all contributions to the lesser of $40,000 ($35,000 for the year beginning in 2001 and $30,000 for the year beginning in 2000) or 100% (25% for years beginning prior to 2002) of your annual compensation (for this purpose, compensation includes your salary deferrals). Your salary reduction contributions for any year may not exceed the lowest of these three limitations. To aid you in calculating your maximum contribution, review IRS Publication 571 which is entitled "Tax-Sheltered Annuity Programs" or contact the Administrator.
ARTICLE XIII
GENERAL INFORMATION ABOUT YOUR PLAN
This Section consists of general information about your Plan which you may need to know.
General Plan Information
The full name of your Plan is DCCCA, Inc. 403(b) Plan.
Your Employer has assigned Plan Number 001 to your Plan.
The amended and restated provisions of your Plan become effective on January 1, 1997.
Your Plan's records are maintained on the basis of a twelve-month period of time. This is known as the Plan Year. The Plan Year begins on January 1 and ends on December 31.
Certain valuations and distributions are made on the Anniversary Date of your Plan. This date is the last day of the Plan Year.
Amounts contributed to your 403(b) Plan may only be invested in a Funding Vehicle, or investment arrangement, authorized for 403(b) plans.
The Funding Vehicle used to hold contributions made to your Plan is a custodial account held by a bank or an approved non-bank trustee.
Your Plan will be governed by the laws of the State of Kansas.
Employer Information
Your Employer's name, address and federal tax identification number
are:
DCCCA, Inc.
3312 Clinton Parkway
Lawrence, Kansas 66047
23-7368880
Your Plan allows other employers to adopt its provisions. You or your beneficiaries may examine or obtain a complete list of employers, if any, who have adopted your Plan by making a written request to the Administrator.
Plan Administrator Information
The name, address and business telephone number of your Plan Administrator
are:
DCCCA, Inc.
3312 Clinton Parkway
Lawrence, Kansas 66047
(785) 841-4138
The Administrator keeps the records for the Plan and is responsible for the administration of the Plan. The Administrator will also answer any questions you may have about your Plan.
Service of Legal Process
The name and address of the Plan's agent for service of legal
process are:
DCCCA, Inc.
3312 Clinton Parkway
Lawrence, Kansas 66047
Service of legal process may also be made upon the Administrator.
Type of Administration
The type of Administration is Employer Administration.
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