4.1 Crediting of Accounts. All amounts deferred by a Participant under
the Plan shall be credited to his or her Account in the Plan. Each Participants Account shall be credited
or charged with its share of investment earnings or losses determined in
accordance with Section 4.2, and shall be charged with all distributions
made to the Participant or to his or her Beneficiary. Accounts shall be maintained for bookkeeping
purposes only, and shall not require the segregation of funds or establishment
of a separate fund.
Each Participants Account shall be adjusted upward or downward, on a
weekly (or as otherwise determined by the Administrator) basis to reflect the
investment return that would have been realized had such amounts been invested
in one or more investments selected by the Participant from among the assumed
investment alternatives designated by the Administrator for use under the
Plan. The Administrator may designate
and change investment alternatives in its sole discretion from time to time,
and designate the manner in which Accounts shall be invested in default of any
election. At such other intervals as may
be determined by the Administrator, Participants may change the assumed
investment alternatives in which their Account will be deemed invested for such
quarter. Participant elections of
assumed investment alternatives shall be made at the time and in the form
determined by the Administrator, and shall be subject to such other
restrictions and limitations as the Administrator shall determine.
4.3 Account Statements. Account statements will be generated or made
available to Participants no less often than annually. Account statements will reflect all Account
activity during the reporting period, including Account contributions, distributions
and earnings credits. Notwithstanding
the foregoing, the failure to provide an account statement shall not constitute
a breach of this Plan or entitle any Participant to any amount that he would
not otherwise be entitled to under the Plan.
Subject to Sections 9.1 and 9.2, a Participant is always 100% vested in
his or her Account in the Plan at all times.
Notwithstanding the foregoing, benefits other than distribution of the
Participants Deferrals shall not be paid, or shall cease to be paid, to any
Participant who discloses confidential information or trade secrets concerning
any Employer without the Employers consent, or engages in any activity that is
materially damaging to the Employer, in each case as determined by the
Administrator in its sole discretion.
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