PUSH » Topics » Hardship Withdrawals

This excerpt taken from the PUSH 10-K filed Feb 29, 2008.

Hardship Withdrawals

11.1 Hardship Withdrawals In General. If a Participant who is an active Employee incurs a Hardship, such Participant may apply to the Administrator for the withdrawal of a portion of his Vested Interest in his Accounts not in excess of the amount of such Hardship. The Administrator shall determine whether an immediate and heavy financial need exists and the amount necessary to meet the need or the lesser amount, if any, to be distributed to such Participant, in a uniform and nondiscriminatory manner. If the Administrator approves a Hardship withdrawal, it shall direct the Trustee to distribute such amount to such Participant from his Accounts.

11.2 Immediate and Heavy Financial Need. An immediate and heavy financial need shall be deemed to include

(a) expenses of uninsured medical care that are not elective cosmetic in nature incurred by the Participant or his spouse or children or necessary for such persons to obtain such uninsured medical care,

(b) once per Plan Year and once per purchase, payments (other than mortgage payments) up to a maximum of $10,000 directly related to the costs due at closing for the purchase of a Participant’s primary residence,

(c) payment of tuition, related educational fees and related on-campus room and board expenses for up to the next twelve (12) months of post-secondary education for the Participant or his spouse or children,

(d) once per Plan Year, payments necessary to prevent the eviction of the Participant from his principal residence or the foreclosure on the mortgage of such residence, or

(e) expenses associated with the funeral of a Participant’s spouse, child, parent (or parent-in-law), grandparent (or grandparent-in-law), or any other family member who resides in the Participant’s household preceding such person’s death.

When Employees are affected by a significant natural disaster, also known as an Act of God, the Administrator may temporarily expand the provisions of this section 11.2 to allow Participants, who are active Employees and who are directly affected by the natural disaster to request Hardship withdrawals from their Vested Interests in their Accounts for the expenses to repair damages to their primary residences located in an area designated by the President of the United States as a federal disaster area (the “area”) and/or to their personal vehicles that were damaged while in the area, in each case to the extent that such damage is not covered by individual insurance policies, and for which the Participant is not otherwise compensated or reimbursed for the expenses arising from such damage. The definition of “significant natural disaster” shall be determined at the discretion of the Administrator based on factors including, but not limited to, the impact of the disaster to participating Employers’ operations and Employees and the severity of the disaster.



11.3 Availability. The Administrator shall determine whether a distribution is necessary to satisfy an immediate and heavy financial need on the basis of all relevant facts and circumstances. A distribution will not be treated as necessary to satisfy an immediate and heavy financial need of a Participant to the extent the amount of the distribution is in excess of the amount required to relieve the financial need or to the extent such need may be satisfied from other resources that are reasonably available to the Participant. A distribution generally may be treated as necessary to satisfy a financial need if the Administrator reasonably relies upon the Participant’s representation that the need cannot be relieved

(a) through reimbursement or compensation by insurance or otherwise; or

(b) by reasonable liquidation of the Participant’s assets, to the extent such liquidation would not itself cause an immediate and heavy financial need.

In determining whether a distribution is necessary to satisfy a financial need, the Participant’s resources shall be deemed to include those assets of his spouse that are reasonably available to the Participant.

11.4 Minimum Distributions. The minimum amount of any hardship distribution shall be $100 (rounded up to the nearest whole number of shares of Employer Securities being withdrawn).

11.5 Form and Timing of Distribution. Hardship withdrawals permitted pursuant to this Article XI shall be:

(a) converted to and payable in units of Employer Securities, rounded up to the nearest whole number of shares, to which such Participant’s requested Hardship withdrawal converts, and no fractional shares shall be issued. Such distribution shall be made first by converting the electing Participant’s Other Investments Account, up to the entire amount of his Hardship request, to Employer Securities at its Fair Market Value on the date of the conversion as provided in this section, and then from his Company Stock Account; and

(b) distributed as soon as practicable following the processing of a Participant’s request for distribution; provided, however, that no Hardship withdrawals will be made during the period during which the Trustee is awaiting a new valuation of Employer Securities from independent appraisers (generally, but not limited to, the months of January, February, April, July and October).



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