SE 401k Online
SE 401k Online
•F
idelity Management Trust Company (“FMTC”) will act as • To establish a new Fidelity Self-employed 401(k) Plan (“SE 401(k)
Plan Trustee. Plan”), to establish a new Profit Sharing Plan or Fidelity Money
Purchase Plan, or to amend any existing Fidelity Retirement
• FBS, NFS, and FMTC are together referred to herein as “Fidelity.” Plan, please complete the appropriate adoption agreement
• Fidelity® Government Cash Reserves will serve as the core enclosed with this application.
position (“Core Position”) for your account. •T o modify the Plan Administrator on file for an existing plan,
•A Fidelity Self-employed 401(k) Plan, Money Purchase Plan, and please complete the Fidelity Defined Contribution Retirement Plan
Profit Sharing Plan are hereby referred to collectively as a Fidelity Information Form, found on Fidelity.com.
Retirement Plan. • For additional information or for help filling out this application,
• Important documents related to your account include the Fidelity please call a Fidelity retirement professional at 800-544-5373.
Brokerage Retirement Customer Agreement (the “Customer
Agreement”), the underlying Fidelity Defined Contribution
Retirement Plan document and Adoption Agreement, as well as
other relevant information delivered from time to time.
Type of Plan
Plan Administrator Information This may be the Employer or a person designated by the Employer.
Plan Administrator
To amend existing plan
information already on
file, submit a Fidelity
Defined Contribution Plan Administrator Address
Retirement Plan
Information Form,
found on Fidelity.com. City State ZIP Code
Employer’s Signature
By signing below, you acknowledge that the information provided above is true and correct. You understand
that a completed applicable Fidelity Adoption Agreement must be submitted with this application if a new Fidelity
Retirement Plan is being established or an existing Profit Sharing Plan is being amended to a Self-employed
401(k) Plan.
PRINT NAME
EMPLOYER’S SIGNATURE
X
SIGN
Residential Address (where you live) This is your legal address used for tax reporting.
Street Address
Citizenship
✔ U
.S. citizen Do not complete the fields below. Skip to Income Source.
Indicate your
citizenship status. Foreign citizen Information in this box must be completed.
Country of Citizenship
Choose one. Permanent U.S. resident Nonpermanent U.S. resident Nonresident of U.S.
Employer Address
Associations
As a person associated If you are employed by or associated with a broker-dealer, stock exchange, exchange member firm, the Financial
with a member firm, you Industry Regulatory Authority (FINRA), a municipal securities dealer, or other financial institution, or are the spouse or
are obligated to receive an immediate family member residing in the same household of someone who meets the aforementioned employment
consent from that firm. criteria, provide the company’s name and address below. Information (including duplicate copies of confirmations and
Fidelity has existing statements for this account, and any accounts you choose to have on a consolidated statement) will be sent to the asso-
consent agreements ciated person’s employer for purposes of compliance review.
with many firms for Company Name
their employees to
maintain accounts with
Fidelity and to deliver Company Address
transactional data. If
your firm is not one
of them, Fidelity will City State/Province ZIP/Postal Code Country
attempt to contact your
firm’s compliance office.
Affiliations
If you, your spouse, or any of your relatives (including parents, in-laws, and/or dependents, etc.), living in your home
(at the same address), is a member of the board of directors, a 10% shareholder, or a policy-making officer of a publicly
traded company (an “Affiliate”), you must provide the information below. If there are more than two Affiliates, make a
copy of this section.
Affiliate’s Company Name Trading Symbol or CUSIP
Please indicate the method of funding to be used for your account (check all that apply).
By check payable to National Financial Services LLC. Checks for deposit should be mailed to the address at the
end of this application. Fidelity cannot accept third-party checks.
Employer contribution to PS, MP, or SE 401(k) Plan accounts
Amount
Transfer Existing Mutual Fund Only Account Assets to Your New Retirement Plan Account
Complete the section below to transfer the assets you wish to use as a source for funding.
Transfer all assets from identically registered Mutual Fund Only account. Must have the same plan name, same
plan administrator, and the same participant.
Your Fidelity Mutual Fund Only Account Number
4. Beneficiaries
• Designate
beneficiaries to receive payment of the value of the Retirement Plan account being established with this application following
your death. You may name one or more persons, trusts, or entities.
• This beneficiary designation applies to this account only and will not impact other Fidelity account beneficiary designations. Additionally, any
beneficiary designations you have made on other Fidelity accounts will not apply to this account. However, if you are transferring an existing
Fidelity Retirement Plan account to a Retirement Plan account, you may elect to apply your existing beneficiary designation to this account
by checking the box below.
• Leaving this section blank will indicate no beneficiary is named by you for this account and, upon your death, you agree to have the pay-
ment of the value of this account made to your surviving spouse or, if no surviving spouse, your estate. If more than one person is named
and no share percentages are indicated, payment shall be made in equal shares to your surviving primary beneficiary(ies). If a percentage
is indicated and a primary beneficiary does not survive you, the percentage of that beneficiary’s designated share shall be divided equally
among the surviving primary beneficiary(ies). If no primary beneficiaries survive you, payment will be made to any surviving contingent
beneficiaries according to the same rules of succession described above for primary beneficiaries.
• Do not name yourself as the beneficiary. You should identify who you want to succeed you on this account if assets remain in the account
after your death.
Copy Beneficiaries from Another Fidelity Retirement Plan Account
Available ONLY if you want to copy the current beneficiary designation(s) from an existing Fidelity Retirement Plan account.
Designate the SAME beneficiaries Your Fidelity Retirement Plan Account Number Skip to next section.
and percentages on this account
as are currently designated for:
Marital Status
Please indicate the Participant’s marital status.
Single
Married
If married and you designate a non-spouse beneficiary as your primary beneficiary, have your spouse sign the
Spousal Consent section on the next page in the presence of a notary public.
Primary Beneficiaries
For each beneficiary Spouse Name If naming spouse as a beneficiary, do so here.
you list by name,
check a beneficiary Non-Spouse
type and provide Trust Social Security or Taxpayer ID Number Date of Birth/Trust MM DD YYYY Share Percentage
all information. Per stirpes
Other Entity
If you outlive the
beneficiary and you Name
want that beneficia- Non-Spouse
ry’s share to go to
each of his or her Trust Social Security or Taxpayer ID Number Date of Birth/Trust MM DD YYYY Share Percentage
descendants by right Per stirpes
Other Entity
of representation,
check “per stirpes.”
Name
Non-Spouse
Trust Social Security or Taxpayer ID Number Date of Birth/Trust MM DD YYYY Share Percentage
Per stirpes
Other Entity
Name
Non-Spouse
Trust Social Security or Taxpayer ID Number Date of Birth/Trust MM DD YYYY Share Percentage
Per stirpes
Other Entity
Spousal Consent Notarized signature required only when the spouse is not listed as 100% primary beneficiary
You hereby consent to the designation of the primary beneficiary(ies) listed above. You understand that this consent allows the beneficiary(ies)
listed above to be paid amounts that would otherwise be paid to you.
PRINT NAME
X
SIGN
Important Note: CA Notaries are permitted to submit a separate page notary document. If used, it must identify the
document being notarized.
Notice to CA Residents: A Notary Public or other officer completing this certificate verifies only the identity of the individual
who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
Certificate of Acknowledgement of Notary Public Must be a U.S. Notary. Foreign notary or consular seals may NOT be substituted.
that the foregoing statements were true and accurate and made of his/her own free act and deed, on / / .
My commission expires / / .
Participant and Plan Administrator Signatures and Dates continues on next page.
•C
onsent to have only one copy of Fidelity •U nderstand that, upon an issuer’s request •A gree to be responsible for any and all fees
mutual fund shareholder documents, such in accordance with applicable rules and and charges that apply to the account.
as prospectuses and shareholder reports regulations, Fidelity will supply your name • Certify and agree that the certifications,
(“Documents”), delivered to you and any to issuers of any securities held in your authorizations, and appointments in this
other investors sharing your address. Your account so you might receive any important document will continue until Fidelity receives
Documents, if held in eligible accounts, information regarding them, unless you actual written notice of any change thereof.
will be householded indefinitely; however, notify Fidelity.
you may revoke this consent at any time • Acknowledge that you will receive a
• Understand that it is your responsibility to monthly account statement from Fidelity,
by contacting Fidelity at 800-343-3548 read the prospectus for the Core Position.
and you will begin receiving multiple unless there are no transactions in a
copies within 30 days. As Documents for • Hereby constitute and appoint Fidelity your particular month. In any case, you will
other investments become available in the true and lawful attorney to surrender for receive a statement quarterly.
future, these Documents may also be redemption any and all shares held in your If you are not a U.S. person:
householded in accordance with this account with full power of substitution in
the premises, and further acknowledge that • State that you are submitting IRS
authorization or any notice or agreement Form W-8BEN with this application to
you received or entered into with Fidelity Fidelity may cease to act as agent to the
above appointment after providing notice certify your foreign status and, if applicable,
or its service providers. to claim tax treaty benefits.
to your account’s address of record.
To help the government fight financial crimes, Federal regulation requires Fidelity to obtain your name, date of birth, address, and a
government-issued ID number before opening your account, and to verify the information. In certain circumstances, Fidelity may obtain
and verify comparable information for any person authorized to make transactions in an account. Also, Federal regulation requires Fidelity
to obtain and verify the beneficial owners and control persons of legal entity customers. Requiring the disclosure of key individuals who own
or control a legal entity helps law enforcement investigate and prosecute crimes. Your account may be restricted or closed if Fidelity cannot
obtain and verify this information. Fidelity will not be responsible for any losses or damages (including, but not limited to, lost opportunities)
that may result if your account is restricted or closed.
I acknowledge that this account is governed by a predispute arbitration clause, which appears on the last page of the Customer
Agreement, and that I have read the predispute arbitration clause.
By signing below, you acknowledge that you have read, understand, and agree to be bound by the provisions of this application.
X X
SIGN
SIGN
441123.16.0
Did you sign the form and attach any necessary documents? Regular mail Overnight mail
Return your completed application and any attachments to Fidelity. Fidelity Investments Fidelity Investments
You will receive a “New Account Profile” confirming that your account PO Box 770001 100 Crosby Parkway KC1K
is opened. Cincinnati, OH 45277-0036 Covington, KY 41015
Questions? Please call a Fidelity retirement professional at 800-544-5373.
Brokerage services are provided by Fidelity Brokerage Services LLC. Custody and other services are provided by National Financial
Services LLC. Both are Fidelity Investments companies and members of NYSE and SIPC.
Fidelity Brokerage Services LLC, Member NYSE and SIPC, 900 Salem Street, Smithfield, RI 02917
© 2024 FMR LLC. All rights reserved. 441123.16.0 (03/24)
Helpful to Know
• To prepare yourself and your trusted contact(s) for success, • If Fidelity has questions or concerns about your health or welfare
consider choosing someone with whom you are comfortable due to potential diminished capacity, financial exploitation or
discussing your health, relationships, loved ones, work, abuse, endangerment, and/or neglect, this form authorizes us to
and finances. You may also want to consider selecting get in touch with the trusted contact(s) and:
someone who isn’t currently involved in your financial life, – Provide the trusted contact(s) listed below with information
like a beneficiary or power of attorney, to ensure fairness about you and/or your account(s), including notice of a
and objectivity. temporary hold, but does not provide him or her with the
• This form supersedes any previous trusted contact ability to transact on your account(s).
designations that you may have submitted. – Inquire about your current contact information or
• If you are using this form for an Entity relationship (for ex: a health status.
business account), we will assign the Trusted Contact(s) to the – Inquire about whether another person or entity has legal
Authorized Individual that signs this form. authority to act on your behalf (e.g., legal guardian or
conservator, executor, or trustee).
1. Account Owner
First Name Middle Name Last Name
2. Accounts Included
Check only one. ALL eligible accounts associated with the above Social Security or Taxpayer ID Number Skip to Section 3.
ONLY the account(s) listed below:
Fidelity Account Number Fidelity Account Number Fidelity Account Number
3. Primary Trusted Contact Name, email, phone, and address are all required.
The trusted contact First Name Middle Name Last Name
MUST be someone
other than the individual
listed in Section 1. Do Email Relationship to Owner (Spouse, Child, Parent, Sibling, Friend, Other)
not provide the account
owner’s information here.
Primary Phone Secondary Phone
Mobile Mobile
Number Number
Legal/Permanent Address
Street Address
This cannot be a
PO box, mail drop,
or c/o.
City State/Province ZIP/Postal Code Country
Legal/Permanent Address
Street Address
This cannot be a
PO box, mail drop,
or c/o.
City State/Province ZIP/Postal Code Country
5. Signature and Date Form cannot be processed without your signature and date.
X X
SIGN
Did you sign the form? Send the ENTIRE form to Fidelity. Regular mail Overnight mail
Fidelity Investments Fidelity Investments
Questions? Go to Fidelity.com/trustedcontact or call 800-343-3548. PO Box 770001 100 Crosby Parkway KC1K
Cincinnati, OH 45277-0002 Covington, KY 41015
On this form, “Fidelity” means Fidelity Brokerage Services LLC and its affiliates. Brokerage services are
provided by Fidelity Brokerage Services LLC, Member NYSE, SIPC. 802990.3.0 (06/20)
Helpful to Know
• The Adoption Agreement should be completed by the • It is recommended that you also appoint a Successor
Employer. Plan Administrator to act on behalf of the Plan in the
event that the named Plan Administrator dies, resigns,
• A Plan Administrator must be appointed for your Plan.
or is otherwise unable or unwilling to act on the behalf
The Employer may serve as the Plan Administrator,
of the Plan. The Successor Plan Administrator must also
or you can designate another individual to administer
be a person and not a company.
the Plan on your behalf and to serve as the main
contact with Fidelity. Do not list a company as the Plan • To learn more about the duties of the Plan Administrator
Administrator. The Plan Administrator is a “named or Successor Plan Administrator, refer to Section 11.2(b)
fiduciary” for purposes of ERISA Section 402(a)(1) and of the Plan Document.
has the powers and responsibilities with respect to the
• You should keep a copy of the completed Adoption
management and operation of your company’s Plan.
Agreement for your permanent company records.
1. Plan Information
A. Enter the legal name of the Plan.
• For a sole proprietor with no business name, you can use your name as the name of the Plan, for example, the “John Smith
Self-Employed 401(k) Plan.”
• For an amendment of a previously adopted Plan, fill in the existing name of the Plan.
Enter the three-digit Plan Number.
• This number is assigned to the Plan by the Employer and is a requirement of the Internal Revenue Service.
• For a new plan, and if you have never maintained another qualified retirement plan, this Plan Number is “001.”
• If you currently have or have ever maintained any other qualified retirement plan(s), this Plan Number should follow consecutively
(for example, your first Plan is 001, the next Plan is 002, and so on).
B. Enter the requested contact information for the appointed Plan Administrator.
• The Plan Administrator is typically the Employer, but can be another individual designated by the Employer. Do not list a company.
• The Plan Administrator will be responsible for administering your company’s Plan, ensuring that the Plan is operating according to the
Plan Document, and will serve as the main contact with Fidelity. Fidelity will use the provided Plan Administrator contact information
to provide any future notices regarding amendments to the Fidelity Retirement Plan, as well as the Annual Valuation Statement mailing
each year that is designed to help you complete your Form 5500 or 5500-EZ annual report.
• You should also name a second individual as a Successor Plan Administrator who will assume the responsibilities of the Plan
Administrator in the event that the Plan Administrator is unable or unwilling to fulfill its duties on behalf of the Plan.
C. The type of plan has already been preselected.
D. Check either Calendar Year or Fiscal Year as the Plan Year for your Plan. If Fiscal Year, provide your fiscal-year ending date.
E. Indicate the Plan’s Status and Effective Date.
(1) For a new Plan, check Box 1 and provide the Plan Effective Date.*
(2) To amend or restate an existing Plan, check Box 2 and provide both the Amendment Effective Date* and the Original Plan
Effective Date.
– If you are amending from an existing Fidelity Self-Employed 401(k), Profit Sharing, or Money Purchase Retirement Plan,
check Box E.2.a.
– If you are amending from an existing plan that is not a Fidelity Retirement Plan, check Box E.2.b. — You only need to provide the
Effective Date of 401(k) Contributions if you are permitting Eligible Participants to make elective contributions for the first time.
*If you want to be able to calculate contribution amounts based on a full year’s Compensation for the current Plan Year, use the first day
of the current Plan Year as your Effective Date.
1.821762.105 Page 1 of 2
2. Employer
A. Provide the required information for your company.
• Enter the company’s Employer (Tax) Identification Number (EIN).
• Do not enter your Social Security Number. To obtain an EIN for your Plan, you can file IRS Form SS-4 or call the IRS directly at
800-829-4933.
B. If you are part of an affiliated group of Employers, as defined in Section 2.3 of the Plan Document (collectively defined as “Affiliated
Employers”), then all Affiliated Employers must be included in the Plan and listed in this section.
Unrelated Employers cannot be included as part of your Plan. Please consult your tax attorney and/or accountant for assistance on the
definition of Affiliated Employers.
3. Coverage
A. Indicate the requirements an Employee must complete with your company (including Affiliated Employers) to be eligible to participate
in the Plan.
(1) Choose the required length of service.
(2) Choose the age an Employee must attain before he or she may participate in the Plan.
B. Indicate the date an eligible employee will first become a Participant in the Plan.
C. Indicate how the elected service and age requirements will apply to Employees, including any current owner(s) and/or officer(s) of
the company:
• Check the first box if applicable to all current and future Employees.
• Check the second box if applicable to all Employees, except those employed on the Effective Date. Such Employees will participate
immediately. All other Employees will need to satisfy the requirements listed above.
4. Compensation
This provision allows you to elect what portion of Compensation is includable for the first year an eligible Employee becomes an active
Participant in the Plan. Be certain that any annual contribution amounts calculated for active Participants meet the “top-heavy minimum
contribution” amount, which is generally 3% of a Participant’s full-year Compensation. You are encouraged to consult with your tax advisor
when calculating contribution amounts.
9. Provider Information
FMR LLC serves as the Provider of the preapproved Plan Document.
On this form, “Fidelity” means Fidelity Brokerage Services LLC and its affiliates. Brokerage services are
provided by Fidelity Brokerage Services LLC, Member NYSE, SIPC. 353784.6.0 (11/20)
1.821762.105 Page 2 of 2
Print Reset Save
1. Plan Information
A. Name of Plan:
This is the
(the “Plan”)
Plan Number
The Plan consists of the Basic Plan Document, this Adoption Agreement as completed, and the separate
Trust Agreement.
Address
The Plan Administrator serves as the main contact for the Plan and the designated agent for service of legal process
for the Plan.
Address
[Note: The failure to name a successor Plan Administrator may result in the delay of Plan distributions, if the Plan
Administrator is unable to fulfill its duties.]
C. Type of Plan:
Check one. 1. Profit Sharing only — Elective Contributions (401(k) contributions) are not permitted. The Employer may
make Nonelective Employer Contributions in the manner elected in this Adoption Agreement.
2. Safe Harbor 401(k) Plan — Elective Contributions (401(k) contributions) are permitted and the Employer
will make Safe Harbor Nonelective Employer Contributions to the Plan on behalf of Eligible Participants
equal to 3% of their “Compensation” for the Plan Year. The Employer may make Nonelective Employer
Contributions in the manner elected in this Adoption Agreement.
3. Non-Safe Harbor 401(k) Plan — Elective Contributions (401(k) contributions) are permitted. The Employer
will not make Safe Harbor Nonelective Employer Contributions to the Plan. The Employer may make
Nonelective Employer Contributions in the manner elected in this Adoption Agreement.
[Note: If left blank, the Plan Year and Limitation Year will be the calendar year.]
2. Amendment Effective Date: Date MM DD YYYY [Note: Cannot be earlier than the
first day of the current Plan Year.]
This is:
Check one. a. an amendment and restatement of a Basic Plan Document No. 04 Adoption Agreement previously
executed by the Employer. With the execution of this restatement, the Trust Agreement formerly
within Basic Plan Document No. 04 is hereby removed to become a separate, independent Trust
Agreement without altering the substance thereof.
b. an amendment and restatement from another plan document to a Basic Plan Document No. 04
Adoption Agreement.
The original effective date of the Plan MM DD YYYY
Complete if adding Elective Contributions (401(k) contributions) to your Plan for the first time:
Effective date of Elective Contributions: Date MM DD YYYY [Note: Cannot be earlier than the day this
amended Adoption Agreement is signed.]
2. Employer
A.
Name of Employer
Address
B. The term “Employer” includes the following Affiliated Employers covered by the Plan:
[Note: All Affiliated Employers are required to be covered under the terms of the Plan.]
3. Coverage
A. The eligibility requirements for participation in the Plan will be:
1. Eligibility Service Requirement:
Check one. a. No eligibility service requirement.
b. Six months of employment. (If this option is selected, an Employee will not be required to complete
any specified number of Hours of Service in the six-month period.)
c. One Year of Service.
d. Two Years of Service. (This option may only be selected if Section 1.C.1, Profit Sharing only, is selected
above. This option may not be selected if the Plan provides for Elective Contributions (401(k) contributions).)
2. Age Requirement:
Check one. a. No minimum age requirement.
B. An Employee who has satisfied the eligibility requirements for participation in Section 3.A above will become a
Participant on the following date, provided he is an Employee:
Check one. 1. On the first day of the calendar month in which such requirements are satisfied.
2. On the first day of the Plan Year and the first day of the seventh month of the Plan Year (whichever is
earlier) coinciding with or immediately following the date on which such requirements are satisfied.
4. Compensation
Contributions for the Plan Year in which an Employee first becomes a Participant shall be determined based on the Employee’s “Compensation”:
Check one. A. Allocation of Nonelective Employer Contributions will not be integrated with Social Security. [See Article 4.10
of the Basic Plan Document.]
B. Allocation of Nonelective Employer Contributions will be integrated with Social Security. [See Article 4.11 of
the Basic Plan Document.]
If the Plan will be integrated with Social Security, fill in the blanks below:
1. The Integration Level means the Social Security Taxable Wage Base for the Plan Year, unless the Employer
elects a lesser amount in (a) or (b) below:
a. (may not exceed the Taxable Wage Base).
$
b. of the Taxable Wage Base in effect on the first day of each Plan Year (may not exceed 100%).
%
2. The Excess Contribution Percentage (which may not exceed the Profit Sharing Maximum Disparity Rate
described below) will be:
If the Integration Level is more than: But not more than: The applicable percentage is:
$0 X* 5.7%
X* 80% of TWB 4.3%
80% of TWB Y** 5.4%
*X = the greater of $10,000 or 20% of the TWB.
**Y = any amount more than 80% of the TWB but less than 100% of the TWB.
9. Provider Information
A. Name of Provider:
FMR LLC
B. Address of Provider:
245 Summer Street
Boston, Massachusetts 02210
800-544-5373
Questions regarding this pre-approved plan document may be directed to the Provider.
SIGNATURE OF EMPLOYER
X
SIGN
DATE MM/DD/YYYY
X
D AT E
Did you sign the form and include any necessary documents? Regular mail Overnight mail
Send the ENTIRE form and any account application(s) to Fidelity Investments Fidelity Investments
Fidelity Investments. PO Box 770001 100 Crosby Parkway KC1K
Cincinnati, OH 45277-0036 Covington, KY 41015
Questions? Go to Fidelity.com/se401k or call 800-544-5373.
On this form, “Fidelity” means Fidelity Brokerage Services LLC and its affiliates. Brokerage services are
provided by Fidelity Brokerage Services LLC, Member NYSE, SIPC. 493049.7.0 (03/21)
RECITALS 2. Establishment of Trust. The Trustee shall accept and hold in the Trust
1. The Employer stated the terms of the Plan by executing an Adoption such contributions by or on behalf of Participants as it may receive
Agreement to a pre-approved defined contribution plan document from time to time from the Employer together with the earnings
(created under procedures established by the U.S. Internal Revenue thereon, and shall open and maintain records of contributions to and
Service (“IRS”) and for which an affiliate of the Trustee is the pre- withdrawals from the Accounts for such individuals as the Employer
approved plan provider) (a “Fidelity Pre-Approved Document”). shall from time to time certify as Participants in the Plan.
2. A Plan using a Fidelity Pre-Approved Document states the Plan’s terms 3. Exclusive Benefit and Return of Employer Contributions. In
through an Adoption Agreement and a Basic Plan Document plus any accordance with Code Section 401(a)(2) and ERISA Section 403(c)
additional amendments (the “Non-Trust Plan Documents”). (if applicable), the Trustee shall hold the assets of the Trust for
the exclusive purpose of providing benefits to Participants and
3. The Plan must have a trust to hold Plan assets (“Trust Fund”) in order to Beneficiaries and defraying the reasonable expenses of administering
remain qualified under Internal Revenue Code (“Code”) Section 401. the Plan, and no such assets shall ever revert to the Employer except
4. In order to remain qualified under the Code, the Employer executes that if the Employer or the Plan Administrator so direct:
this document to evidence the terms of the Plan’s trust and to appoint (a) contributions made by the Employer by mistake of fact may be
the Trustee for the Plan’s trust. returned to the Employer within one year of the date of payment,
DEFINITIONS (b) contributions that are conditioned on the deductibility thereof
under Code Section 404 may be returned to the Employer within
For the purpose of this Trust Agreement, the definitions set forth in the
one year of the disallowance of the deduction, and
Basic Plan Document shall apply to the respective capitalized terms:
(c) contributions that are conditioned on the initial qualification of
“Account” or “Accounts” shall be defined as in Article 2.1 of the BPD
the Plan under the Code may be returned to the Employer within
“Adoption Agreement” shall be defined as in Article 2.2 of the BPD one year after such qualification is denied by determination
“Basic Plan Document” (BPD) shall be defined as in Article 2.6 of the BPD of the Internal Revenue Service, but only if an application for
determination of such qualification is made within the time
“Beneficiary” shall be defined as in Article 2.7 of the BPD
prescribed by law for filing the Employer’s federal income tax return
“Employer” shall be defined as in Article 2.22 of the BPD for its taxable year in which the Plan is adopted, or such later date
“ERISA” shall be defined as in Article 2.23 of the BPD as the Secretary of the Treasury may prescribe.
“Participants” shall be defined as in Article 2.31 of the BPD All contributions under the Plan are hereby expressly conditioned on
the initial qualification of the Plan and their deductibility under the
“Permissible Investments” shall be defined as “Investments” in Article
Code.
6.2(a)-(d) of the BPD
4. Reports of the Trustee and the Employer. Not later than 120 days
“Plan” shall be defined as in Article 2.32 of the BPD
after the close of each Plan Year where the Plan Year is the calendar
“Plan Administrator” shall be defined as in Article 2.33 of the BPD year (or after the Trustee’s resignation or removal pursuant to Article
“Plan Year” shall be defined as in Article 2.34 of the BPD 10.6 of the BPD), the Trustee shall furnish to the Employer a written
report containing such information as shall be reasonably necessary to
“Pre-Approved Plan” shall be defined as in Article 2.35 of the BPD
complete reports and disclosures required of the Employer pursuant
“Provider” shall be defined as in Article 2.37 of the BPD to ERISA, including, without limitation, records of the transactions
“Trustee” shall be defined as in Article 2.48 of the BPD performed in connection with the Plan during the period in question,
and either a statement of the fair market value of the assets of each
“Trust” shall be defined as in Article 2.46 of the BPD
Participant’s Account as of the end of the period, or information
NOW, THEREFORE, the Employer and the Trustee agree as follows: adequate to permit the Employer to compare such value. Upon the
expiration of 60 days following the date on which such a report is
1. Appointment and Acceptance of Trust Responsibilities. By executing furnished to the Employer, the Trustee shall be forever released and
this Trust Agreement, the Employer establishes a trust with the Trustee discharged from all liability and accountability to anyone with respect
to hold the assets of the Plan, held at Fidelity Brokerage Services LLC to its acts, transactions, duties, obligations, or responsibilities as
(“FBS LLC”), that are invested in Permissible Investments. By executing shown in or reflected by such report, except with respect to any such
this Trust Agreement, the Trustee agrees to accept the rights, duties, acts or transactions as to which the Employer shall have filed written
and responsibilities set forth in this Trust Agreement. The Trustee shall objections within such 60-day period or as otherwise required by law.
have no liability for, and no duty to inquire into, the administration
of the assets of the Plan for periods prior to the date such assets are The Employer shall be responsible for the preparation and filing of
transferred to the Trustee in its role as trustee for the Plan, or assets such reports and disclosures as may be required by ERISA, and for
held outside of this Trust. providing notice to interested parties as required by Code Section
7476. The Employer shall also prepare any return or report required
IN WITNESS WHEREOF, each of the Parties hereto has caused this Trust Agreement to be executed by its duly authorized representative.
Trustee Signature
Clint Brandner
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VP, Operations
TRUSTEE SIGNATURE
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SI GN
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