RYN » Topics » GENERAL PROVISIONS

This excerpt taken from the RYN 10-K filed Feb 28, 2008.

GENERAL PROVISIONS

 

3.01

Funding

 

  (a)

All amounts payable in accordance with this Plan shall constitute a general unsecured obligation of the Company. Such amounts, as well as any administrative costs relating to the Plan, shall be paid out of the general assets of the Company, to the extent not paid from the assets of any trust established pursuant to paragraph (b) below.

 

  (b)

The Company may, for administrative reasons, establish a grantor trust for the benefit of Participants in the Plan. The assets placed in said trust shall be held separate and apart from other Company funds, and shall be used exclusively for the purposes set forth in the Plan and the applicable trust agreement, subject to the following conditions:

 

  (i)

the creation of said trust shall not cause the Plan to be other than “unfunded” for purposes of Title I of ERISA;

 

  (ii)

the Company shall be treated as “grantor” of said trust for purposes of Section 677 of the Code; and

 

  (iii)

the agreement of said trust shall provide that its assets may be used upon the insolvency or bankruptcy of the Company to satisfy claims of the Company’s general creditors, and that the rights of such general creditors are enforceable by them under federal and state law.

 

3.02

Duration of Benefits. Benefits shall accrue under the Plan on behalf of a Participant only for so long as the provisions of Section 415 or 401(a)(17) of the Code limit the retirement benefits that are payable under the Retirement Plan or deferrals of Compensation under the Rayonier Inc. Excess Savings and Deferred Compensation Plan reduce such retirement benefits.

 

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