Q » Topics » PREAMBLE

These excerpts taken from the Q 10-K filed Feb 12, 2008.

PREAMBLE

QWEST COMMUNICATIONS INTERNATIONAL INC., a Delaware corporation (“QCI”), established a profit sharing plan that includes a cash or deferred arrangement (the “Classic Qwest Plan”), effective January 1, 1999.

U S WEST, Inc. sponsored a profit sharing plan that included both a cash or deferred arrangement and a match that was an ESOP (the “Classic U S WEST Plan”) until U S WEST, Inc. was merged with QCI on June 30, 2000. QCI was the surviving corporation and therefore became the sponsor of the Classic U S WEST Plan, although its employees did not participate in such plan. The Classic U S WEST Plan was later renamed the Qwest Savings & Investment Plan.

The Classic Qwest Plan was merged into the Qwest Savings & Investment Plan effective December 31, 2001. On that date, the trust(s) for the Classic Qwest Plan became trust(s) for the merged plan. The merged plan retained the name Qwest Savings & Investment Plan, and is referred to in this document as the “Plan.”

The merged plan is hereby amended and restated and is effective as of January 1, 2008 unless otherwise provided herein. The Plan and its assets held in the trust(s) are intended to comply with the provisions of the Code (as defined herein) and ERISA (as defined herein), to qualify as a profit sharing plan for all purposes of the Code, except for the match which was intended to qualify as an employee stock ownership plan under Code section 4975(e)(7) prior to the employee stock ownership provisions of the Plan being frozen in 2004. The Plan is also intended to provide a cash or deferred arrangement that satisfies the requirements of Code section 401(k).

Effective May 14, 2004, the employee stock ownership plan (“ESOP”) portion of the Plan was frozen. No contributions have been made to the ESOP portion of the Plan on and after May 14, 2004. Certain provisions of the ESOP portion of the Plan have been retained in this restated plan document in connection with the allocation of ESOP shares to certain participant accounts.

 

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Preamble

1.1. Amendment and Restatement. Qwest Communications International Inc., a Delaware corporation, (hereinafter the “Company”) heretofore established the “Qwest Communications International Inc. Deferred Compensation Plan” (the “Plan”) effective as of January 1, 1999 to provide specified benefits to a select group of management and highly compensated employees who contribute materially to the growth, development and future business success of the Company. The Company reserved to itself the right to amend that Plan from time to time. By adoption of this amended and restated document entitled “Qwest Communications International Inc. Deferred Compensation Plan (2005 Restatement),” the Company hereby amends and restates the Plan in its entirety as applied to all persons who are Participants as of January 1, 2005 and all persons who become Participants after that date, to comply with the changes required by Section 409A of the Internal Revenue Code.

1.2. Unfunded Obligation. The obligation of the Company to make payments under this Plan constitutes only the unsecured (but legally enforceable) promise of the Company to make such payments. The Participant shall have no lien, prior claim or other security interest in any property of the Company. If a fund is established by the Company in connection with this Plan, the property therein shall remain the sole and exclusive property of the Company. The Company will pay the cost of this Plan out of its general assets.

1.3. Scope. This Plan document consists of this Preamble and two distinct and mutually exclusive Parts applicable to different benefits depending on when the benefit was earned under this plan. These benefits are as follows.

1.3.1. Part A. Part A of the Plan document contains all the provisions and rules applicable to all benefits attributable to amounts deferred and contributed that were earned or vested after December 31, 2004. No portion of Part A of the Plan document is applicable to any benefit or portion thereof to which Part B is applicable.

1.3.1. Part B. Part B of the Plan document contains all the provisions and rules applicable to all benefits attributable to amounts deferred and contributed that were earned and vested prior to January 1, 2005. No portion of Part B of the Plan document is applicable to any benefit or portion thereof to which Part A is applicable.

Preamble to Plan


IN WITNESS WHEREOF, Qwest Communications International Inc. has caused this amended and restated document to be adopted effective as of January 1, 2005.

 

May 11, 2006   QWEST COMMUNICATIONS INTERNATIONAL INC.
  By  

/s/ Felicity O’Herron

    Its:  

VP-Compensation

 

Preamble to Plan

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Qwest Communications International Inc.

This excerpt taken from the Q 8-K filed Dec 16, 2005.

PREAMBLE

 

This Part B of the Plan contains all the provisions and rules applicable to all benefits attributable to Director’s Fees for services as a Director that were earned and vested prior to January 1, 2005. No portion of Part B of the Plan is applicable to any benefit or portion thereof to which Part A is applicable.

 

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