ARTICLE 9
Subject to the approval of the
Commissioner of Internal Revenue and of other cognizant governmental
authorities, as more particularly hereinafter specified, a Voluntary Investment
Plan (hereinafter called the Plan) in the form now in effect as to the
employees within the units to which this Agreement relates shall continue to be
effective while this Agreement is in effect as to such employees in accordance
with and subject to the terms, conditions, and limitations of the Plan.
Approval of the Plan by the
Commissioner of Internal Revenue as referred to in Section 9.1 means a
continuing approval sufficient to establish that the Plan and related trust or
trusts are at all times qualified and exempt from income tax under Section
40l(a), Section 401(k) and other applicable provisions of the Internal Revenue
Code of 1986 and that contributions made by the Company under the Plan are
deductible for income tax purposes in accordance with law. The cognizant governmental authorities
referred to in Section 9.1 include, without limitation, the Department of Labor
and the Securities and Exchange Commission, and their approval means their
confirmation with respect to any matter within their regulatory authority that
the Plan does not conflict with applicable law.
The Company shall not be
precluded from continuing the Plan in effect as to employees within the units
to which this Agreement relates, after expiration or termination of this
Agreement, subject to the terms, conditions, and limitations of the Plan.
The parties agree the innovations
in technology and administrative practices can give savings plan participants
better access to information about their benefits, increased investment
options, timely on-line transactions capability and enhanced administrative
features. Accordingly, when the Company
identifies administrative services that in its estimation reflect industry best
practices, the Employee Benefit Plans Committee has discretion to adopt these
changes to the Savings Plan. The Company
will notify the
Section
9.5 Company
Matching Contributions
and Employee Elective Contributions.
The Company matching contribution
shall be equal to 50 percent of the first eight percent of the employee’s
contribution. Employees may elect to
defer from one to 2025
percent of their base pay to the Plan on a pretax basis, an after tax basis, or
a combination of both, not to exceed 2025
percent of
base pay.
Subject to action by the Companys,
effective January 1, 20039:
9.6(a) Employees may
contribute up to 25 percent on a pre-tax basis, an after tax basis, or a
combination of both, in one (1) percent increments.
The Company,
through the Board of Directors (or its delegate, the Employee Benefit Plans
Committee)
reserves the right to amend the Plan to satisfy all requirements of laws
applicable to the Savings Plan, including but not limited to Section
401(a), Section 401(k) or any other applicable provision of the Internal
Revenue Code of 1986, as amended, or to satisfy
fiduciary duties
under the Employee Retirement Income Security Act of 1974, as determined by the
Company, or to satisfy federal and state securities laws.
It is acknowledged that the election
of a member to convert a portion of his or her base pay under the terms of the
Plan will be effective for purposes of this Plan and will reduce the member