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This excerpt taken from the EYE 10-K filed Mar 2, 2005. IN-SERVICE DISTRIBUTIONS
10.1 Election to Take In-Service Distributions. A Participant may elect in each Deferral Election Form, for that particular Deferral Election, to receive in the future an In-Service Distribution from his or her Deferral Account.
10.2 Amount of In-Service Distribution. An In-Service Distribution shall be equal to one hundred percent (100%) of the Annual Deferral elected for that particular Deferral Election and shall include any vested company restoration or discretionary credits described in Section 5.1 for that Deferral Period and any investment earnings thereon credited at the Fund
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Rate. Notwithstanding the election under this Article, if benefit payments with respect to a Deferral Election are otherwise made at a time earlier than elected under an In-Service Distribution, for example, due to a distribution on account of Termination of Employment or a withdrawal on account of Financial Hardship, the In-Service Distribution shall be superseded by such earlier distribution event and shall be reduced or eliminated to such extent.
10.3 Time of Commencement. Payment of an In-Service Distribution may commence or may be made at any time following the second (2nd) year following the first business day of the Deferral Period to which the In-Service Distribution relates as elected by the Participant on his or her Deferral Election Form.
10.4 Form of In-Service Distribution. An In-Service Distribution shall be paid in a single lump sum or in two (2), three (3) or four (4) annual installments as elected by the Participant on his or her Deferral Election Form. Notwithstanding the foregoing, an In-Service Distribution shall be paid in a single lump sum if the In-Service Distribution constitutes the entire balance of Participant’s Deferral Account and the balance of the Participant’s Deferral Account at the time of the In-Service Distribution is fifty thousand dollars ($50,000) or less. An election as to the form of payment made pursuant to this Section 10.4 shall be irrevocable.
10.5 Postponement of In-Service Distribution. A Participant may postpone an In-Service Distribution subject to the following:
(a) no more than two (2) postponements shall be permitted;
(b) an election to postpone shall not take effect for at least 12 months after the election is made;
(c) the postponed payment date or first scheduled payment date of the In-Service Distribution shall be at least five (5) years later than the prior payment date; and
(d) the election to postpone shall not take effect unless the election is made at least 12 months prior to the date of the first scheduled payment.
Notwithstanding the foregoing, a Participant shall not be permitted to postpone an In-Service Distribution in a manner that violates Section 409A of the Code nor shall a Participant be permitted to change the form of payment of an In-Service Distribution.
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