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FINAL 415
REGULATIONS AMENDMENT
BIOMED
REALTY, L.P. 401(K) RETIREMENT SAVINGS PLAN
THIS
AMENDMENT is executed by BIOMED REALTY, L.P. (the
“Employer”).
WHEREAS,
the Employer previously adopted the BIOMED REALTY, L.P.
401(K) RETIREMENT SAVINGS PLAN (the
“Plan”);
WHEREAS,
the Plan provides the Employer may amend the Plan; and
WHEREAS,
the Employer desires to amend the Plan.
NOW,
THEREFORE, the Plan is hereby amended in the following particulars
only;
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1.
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Paragraph K of Article I
is amended to add the following:
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“For
Limitation Years beginning after June 30, 2007, Compensation
is further modified as follows:
Including
Compensation received from an unfunded non-qualified deferred
compensation plan.
Excluding
any amount paid on or after the date of termination of
employment.
Excluding
any payment of unused vacation, personal, and sick days made on and
after termination of employment.”
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2.
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Effective for Limitation Years
beginning after December 31, 2001, the following is added at
the end of Paragraph A.5 of Article II:
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“Notwithstanding
the above, (i) the reinvestment of dividends on Employer Stock
pursuant to Section 404(k)(2)(A)(iii)(ll) of the Code; and
(ii) restorative payments allocated to Participants’ Accounts
shall not be considered Annual Additions provided that they restore
losses to the Plan which losses result from actions by a fiduciary
for which there is a reasonable risk of liability for breach of a
fiduciary duty under Title I of ERISA or other applicable federal
or state laws, and further provided that Plan Participants who are
similarly situated are treated similarly with respect to such
payments.”
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3.
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Paragraph A.16 of
Article II is amended to add the following sentence before the
last sentence:
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“If
the Plan is terminated prior to the last day of the Limitation
Year, the preceding sentence shall apply.”
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