(As Amended
and Restated Effective January 1, 2002)
|
|
|
|
|
|
|
|
|
|
3
|
|
|
|
|
|
|
|
ARTICLE II. PARTICIPATION
|
|
|
20
|
|
|
|
|
|
|
|
|
|
|
|
20
|
|
|
|
|
|
|
|
|
|
|
|
21
|
|
|
|
|
|
|
|
2.3 Time of Participation — Excluded
Employees
|
|
|
22
|
|
|
|
|
|
|
|
2.4 Reemployed Individuals
|
|
|
22
|
|
|
|
|
|
|
|
ARTICLE III. AMOUNT OF RETIREMENT
BENEFITS
|
|
|
22
|
|
|
|
|
|
|
|
3.1 Normal Retirement Benefits
|
|
|
22
|
|
|
|
|
|
|
|
3.2 Late Retirement Benefits
|
|
|
26
|
|
|
|
|
|
|
|
3.3 Early Retirement Benefit
|
|
|
26
|
|
|
|
|
|
|
|
3.4 Disability Retirement Benefit
|
|
|
27
|
|
|
|
|
|
|
|
3.5 Vested Deferred Retirement
Benefit
|
|
|
28
|
|
|
|
|
|
|
|
3.6 Return of Accumulated
Contributions
|
|
|
30
|
|
|
|
|
|
|
|
3.7 Restoration of Accrued Pension
Benefit
|
|
|
30
|
|
|
|
|
|
|
|
|
|
|
|
30
|
|
|
|
|
|
|
|
3.9 Transfer of Employment
|
|
|
30
|
|
|
|
|
|
|
|
3.10 Preservation of Accrued Benefit
|
|
|
30
|
|
|
|
|
|
|
|
|
|
|
|
31
|
|
|
|
|
|
|
|
4.1 Rate of Vesting — General
Rule
|
|
|
31
|
|
|
|
|
|
|
|
4.2 Full Vesting in Accumulated
Contributions
|
|
|
31
|
|
|
|
|
|
|
|
ARTICLE V. DEATH BENEFITS
|
|
|
31
|
|
|
|
|
|
|
|
5.1 Death of Vested Participant Before Annuity
Starting Date
|
|
|
31
|
|
|
|
|
|
|
|
5.2 Amount and Time of Payment of Vested
Terminated Participant’s Death Benefit
|
|
|
31
|
|
|
|
|
|
|
|
5.3 Death of Participant On or After Retirement
Date
|
|
|
31
|
|
|
|
|
|
|
|
5.4 No Other Death Benefits
|
|
|
32
|
|
|
|
|
|
|
|
ARTICLE VI. PAYMENT OF RETIREMENT
BENEFITS
|
|
|
32
|
|
|
|
|
|
|
|
|
|
|
|
32
|
|
|
|
|
|
|
|
6.2 Normal Form of Retirement Benefit —
Unmarried Salaried Participants
|
|
|
32
|
|
|
|
|
|
|
|
6.3 Normal Form of Retirement Benefit —
Married Salaried Participants
|
|
|
33
|
|
|
|
|
|
|
|
6.4 Optional Forms of Retirement Benefit
Payment
|
|
|
33
|
|
|
|
|
|
|
|
6.5 Special Optional Form of Retirement Benefit
Payments for TRIP Plan Participants
|
|
|
34
|
|
|
|
|
|
|
|
6.6 Election of Benefits — Notice and
Election Procedures
|
|
|
34
|
|
|
|
|
|
|
|
6.7 Payment of Small Benefits
|
|
|
36
|
|
|
|
|
|
|
|
6.8 Continued Employment After Normal Retirement
Date; Reemployed Participants
|
|
|
37
|
|
|
|
|
|
|
|
6.9 Required Distributions — Code
Section 401(a)(9)
|
|
|
38
|
|
|
|
|
|
|
|
6.10 Eligible Rollover Distributions
|
|
|
44
|
|
|
|
|
|
|
|
ARTICLE VII. CONTRIBUTIONS
|
|
|
46
|
|
|
|
|
|
|
|
7.1 Employer Contributions
|
|
|
46
|
|
|
|
|
|
|
|
|
|
|
|
46
|
|
|
|
|
|
|
|
7.3 Determination of Contributions
|
|
|
46
|
|
|
|
|
|
|
|
7.4 Time of Payment of Employer
Contributions
|
|
|
46
|
|
|
|
|
|
|
|
7.5 Return of Employer Contributions
|
|
|
46
|
|
|
|
|
|
|
|
|
|
|
|
47
|
|
|
|
|
|
|
|
|
|
|
|
47
|
|
|
|
|
|
|
|
7.8 Employee Contributions
|
|
|
47
|
|
|
|
|
|
|
|
|
|
|
|
47
|
|
|
|
|
|
|
|
ARTICLE VIII. ADMINISTRATION
|
|
|
47
|
|
|
|
|
|
|
|
8.1 Fiduciary Responsibility
|
|
|
47
|
|
|
|
|
|
|
|
8.2 Appointment and Removal of
Committee
|
|
|
47
|
|
|
|
|
|
|
|
8.3 Compensation and Expenses of
Committee
|
|
|
48
|
|
|
|
|
|
|
|
|
|
|
|
48
|
|
|
|
|
|
|
|
|
|
|
|
48
|
|
|
|
|
|
|
|
|
|
|
|
48
|
|
|
|
|
|
|
|
|
|
|
|
48
|
|
|
|
|
|
|
|
8.8 Method of Handling Plan Funds
|
|
|
49
|
|
|
|
|
|
|
|
8.9 Delegation and Allocation of
Responsibility
|
|
|
49
|
|
|
|
|
|
|
|
8.10 Other Committee Powers and
Duties
|
|
|
49
|
|
|
|
|
|
|
|
|
|
|
|
50
|
|
|
|
|
|
|
|
8.12 Application and Forms for
Benefits
|
|
|
50
|
|
|
|
|
|
|
|
8.13 Authorization of Benefit
Payments
|
|
|
50
|
|
|
|
|
|
|
|
|
|
|
|
50
|
|
|
|
|
|
|
|
8.15 Unclaimed Accrued Benefit —
Procedure
|
|
|
51
|
|
|
|
|
|
|
|
8.16 Individual Statement
|
|
|
51
|
|
|
|
|
|
|
|
8.17 Parties to Litigation
|
|
|
51
|
|
|
|
|
|
|
|
8.18 Use of Alternative Media
|
|
|
52
|
|
|
|
|
|
|
|
8.19 Personal Data to Administrative
Committee
|
|
|
52
|
|
|
|
|
|
|
|
8.20 Address for Notification
|
|
|
52
|
|
-ii-
|
|
|
|
|
|
8.21 Notice of Change in Terms
|
|
|
52
|
|
|
|
|
|
|
|
8.22 Assignment or Alienation
|
|
|
52
|
|
|
|
|
|
|
|
8.23 Litigation Against the Plan
|
|
|
52
|
|
|
|
|
|
|
|
8.24 Information Available
|
|
|
53
|
|
|
|
|
|
|
|
8.25 Presenting Claims for Benefits
|
|
|
53
|
|
|
|
|
|
|
|
8.26 Claims Review Procedure
|
|
|
54
|
|
|
|
|
|
|
|
|
|
|
|
54
|
|
|
|
|
|
|
|
8.28 Claims Involving Benefits Related to
Disability
|
|
|
54
|
|
|
|
|
|
|
|
ARTICLE IX. EXCLUSIVE BENEFIT, AMENDMENT,
TERMINATION AND MERGER
|
|
|
55
|
|
|
|
|
|
|
|
|
|
|
|
55
|
|
|
|
|
|
|
|
9.2 Amendment of the Plan
|
|
|
55
|
|
|
|
|
|
|
|
9.3 Amendment to Vesting Provisions
|
|
|
56
|
|
|
|
|
|
|
|
9.4 Merger/Direct Transfers and Elective
Transfers
|
|
|
56
|
|
|
|
|
|
|
|
9.5 Termination of the Plan
|
|
|
57
|
|
|
|
|
|
|
|
9.6 Full Vesting on Termination
|
|
|
58
|
|
|
|
|
|
|
|
|
|
|
|
58
|
|
|
|
|
|
|
|
9.8 Allocation of Assets Upon Termination of
Trust Fund
|
|
|
58
|
|
|
|
|
|
|
|
9.9 Manner of Distribution
|
|
|
59
|
|
|
|
|
|
|
|
|
|
|
|
59
|
|
|
|
|
|
|
|
ARTICLE X. WITHDRAWAL OF PARTICIPATING
EMPLOYER
|
|
|
59
|
|
|
|
|
|
|
|
|
|
|
|
59
|
|
|
|
|
|
|
|
10.2 Notice of Withdrawal
|
|
|
60
|
|
|
|
|
|
|
|
10.3 Withdrawal at Request of Board of
Directors
|
|
|
60
|
|
|
|
|
|
|
|
10.4 Continuation of Plan
|
|
|
60
|
|
|
|
|
|
|
|
ARTICLE XI. LIMITATIONS ON BENEFITS
|
|
|
60
|
|
|
|
|
|
|
|
11.1 Limitation on Annual Benefits
|
|
|
60
|
|
|
|
|
|
|
|
11.2 Benefit Limitations — Rules for
Certain Highly Compensated Employees
|
|
|
77
|
|
|
|
|
|
|
|
ARTICLE XII. PROVISIONS RELATING TO TOP-HEAVY
PLAN
|
|
|
78
|
|
|
|
|
|
|
|
12.1 Top-Heavy Requirement
|
|
|
78
|
|
|
|
|
|
|
|
12.2 Minimum Vesting Requirement
|
|
|
78
|
|
|
|
|
|
|
|
12.3 Minimum Benefit Requirement
|
|
|
79
|
|
|
|
|
|
|
|
12.4 Change in Top-Heavy Status
|
|
|
80
|
|
|
|
|
|
|
|
ARTICLE XIII. VETERANS’ REEMPLOYMENT
RIGHTS
|
|
|
80
|
|
|
|
|
|
|
|
|
|
|
|
80
|
|
-iii-
|
|
|
|
|
|
|
|
|
|
80
|
|
|
|
|
|
|
|
|
|
|
|
81
|
|
|
|
|
|
|
|
13.4 Qualified Military Service
|
|
|
81
|
|
|
|
|
|
|
|
13.5 Earnings and Forfeitures
|
|
|
81
|
|
|
|
|
|
|
|
ARTICLE XIV. MISCELLANEOUS
|
|
|
81
|
|
|
|
|
|
|
|
|
|
|
|
|
|
14.1 Limited Purpose of Plan
|
|
|
81
|
|
|
|
|
|
|
|
|
|
|
|
81
|
|
|
|
|
|
|
|
|
|
|
|
82
|
|
|
|
|
|
|
|
14.4 Effect of Return of Benefit
Checks
|
|
|
82
|
|
|
|
|
|
|
|
14.5 Impossibility of Diversion
|
|
|
82
|
|
|
|
|
|
|
|
|
|
|
|
83
|
|
|
|
|
|
|
|
|
|
|
|
83
|
|
|
|
|
|
|
|
|
|
|
|
83
|
|
|
|
|
|
|
|
14.9 Contingent Effectiveness of Plan Amendment
and Restatement
|
|
|
83
|
|
|
|
|
|
|
|
APPENDIX
A PARTICIPATING
EMPLOYERS
|
|
|
|
|
|
|
|
|
|
|
APPENDIX
B ACTUARIAL
ASSUMPTIONS
|
|
|
|
|
|
|
|
|
|
|
APPENDIX
C APPROPRIATE
INTEGRATION LEVEL FOR PRE-1998 EMPLOYEES
|
|
|
|
|
|
|
|
|
|
|
APPENDIX
D APPROPRIATE
INTEGRATION LEVEL FOR PARTICIPANTS OTHER THAN PRE-1998
EMPLOYEES
|
|
|
|
|
|
|
|
|
|
|
APPENDIX
E TELEFLEX
INCORPORATED HOURLY EMPLOYEES’ PENSION PLAN
|
|
|
|
|
|
|
|
|
|
|
APPENDIX
F RETIREMENT
PLAN FOR SALARIED EMPLOYEES OF ARROW INTERNATIONAL,
INC
|
|
|
|
|
|
|
|
|
|
|
APPENDIX
G RETIREMENT
PLAN FOR HOURLY-RATED EMPLOYEES OF ARROW INTERNATIONAL,
INC
|
|
|
|
|
|
|
|
|
|
|
APPENDIX
H RETIREMENT
PLAN FOR HOURLY RATED EMPLOYEES AT THE BERKS COUNTY, PA
LOCATIONS
OF ARROW INTERNATIONAL, INC
|
|
|
|
|
-iv-
TELEFLEX
INCORPORATED
RETIREMENT INCOME PLAN
(As Amended
and Restated Effective January 1, 2002)
Teleflex
Incorporated (the “Sponsor”), hereby amends and
restates in its entirety the Teleflex Incorporated Retirement
Income Plan, formerly known as the Teleflex Incorporated Salaried
Employees’ Pension Plan (the “Plan”). The Sponsor
also hereby amends and restates the Teleflex Incorporated Hourly
Employees’ Pension Plan and merges it with and into the Plan,
effective December 31, 2008. The Sponsor further merges the
Retirement Plan for Hourly Rated Employees at the Berks County, PA
Locations of Arrow International, Inc., the Retirement Plan for
Salaried Employees of Arrow International, Inc., and the Retirement
Plan for Hourly-Rated Employees of Arrow International, Inc. with
and into the Plan effective as of August 31, 2008. Except as
otherwise provided in an applicable Appendix or required by
applicable law, no additional benefits shall be accrued under the
Plan after December 31, 2008.
It is
intended that this Plan, as amended and restated effective
January 1, 2002, together with the Trust Agreement, will
comply with the Economic Growth and Tax Relief Reconciliation Act
of 2001 (“EGTRRA”), the requirements reflected in IRS
Notice 2007-94 (the “2007 Cumulative List”), certain
provisions of the Pension Protection Act of 2006, and the other
applicable requirements of Section 401(a) and 501(a) of the
Internal Revenue Code of 1986, as amended.
The
provisions of this amended and restated Plan shall apply solely to
an Employee who incurs a Severance from Employment with the
Employer on or after the Effective Date. All former employees,
Participants who incurred a Severance from Employment or whose
active participation in the Plan, the Teleflex Incorporated Hourly
Employees’ Pension Plan, the Retirement Plan for Hourly Rated
Employees at the Berks County, PA Locations of Arrow International,
Inc., the Retirement Plan for Salaried Employees of Arrow
International, Inc., or the Retirement Plan for Hourly-Rated
Employees of Arrow International, Inc., as applicable,
(collectively the “Plans”) ceased prior to
January 1, 2002, their Spouses, Beneficiaries, and anyone else
claiming through them, shall, except as otherwise expressly
provided to the contrary herein or in any prior document for the
Plans have the amount of their Accrued Benefit, and their right, if
any, to receive such benefit, determined pursuant to the terms and
conditions of the Plans as in effect at the time of Severance from
Employment or cessation of active participation, and, if benefit
payments commenced to any such individual prior to January 1,
2002, the time and manner of payment of such benefits shall, except
as otherwise expressly provided to the contrary herein or in any
prior document for the Plans be determined pursuant to the terms
and conditions of the plan as in effect at the time benefits
commenced.
All former
employees and participants in a plan that is merged with and into
the Plan (“Merged Plan”) whose employment or active
participation in the Merged Plan terminated prior to the date of
such plan’s merger into this Plan, their Spouses,
Beneficiaries, and anyone else claiming through them shall, except
as otherwise expressly provided to the contrary herein or in any
prior Merged Plan document, have the amount of their Accrued
Benefit, and their right, if any, to receive such benefit
determined pursuant to the terms and conditions of the applicable
Merged Plan as in effect at the time of their Severance from
Employment or cessation of active participation and, if benefit
payments commenced to any such individual prior to the date such
plan merged with and into this Plan, the time and manner of payment
of such benefits shall, except as otherwise expressly provided to
the contrary herein, or in any prior Merged Plan document, be
determined pursuant to the terms and conditions of the applicable
Merged Plan as in effect at the time benefits commenced.
The
Teleflex Incorporated Salaried Employees’ Pension Plan was
originally effective as of July 1, 1966. Effective as of
January 1, 1998, the Teleflex Incorporated Retirement Income
Plan was merged with and into the Plan and the name of the Plan was
changed to the Teleflex Incorporated Retirement Income Plan. The
Plan has been amended from time to time and was most recently
amended and restated effective January 1, 1998 to conform to
the Internal Revenue Code of 1986, as amended by the General
Agreement on Tariffs and Trade, the Uniformed Services Employment
and Reemployment Rights Act of 1994, the Small Business Job
Protection Act of 1996, the Taxpayer Relief Act of 1997, the IRS
Restructuring and Reform Act of 1998, and the Community Renewal Tax
Relief Act of 2000 (collectively referred to as
“GUST”). The Plan was subsequently amended from time to
time to be in good faith compliance with the changes made to the
law by the Economic Growth and Tax Relief Reconciliation Act of
2001 (“EGTRRA”), to conform to regulations and guidance
issued by the Department of Labor (“DOL”) and Internal
Revenue Service (“IRS”), and to reflect design and
administrative changes, including an amendment whereby an Employee
first hired by the Employer on or after January 1, 2006 may
not become a Participant in the Plan or accrue benefits under the
Plan.
The Sponsor
established the Teleflex Incorporated Hourly Employees’
Pension Plan (“Hourly Employees’ Plan”) effective
as of January 1, 1985. The Hourly Employees’ Plan has
been amended from time to time and was most recently amended and
restated effective as of June 30, 2001 to comply with GUST.
The Hourly Employees’ Plan was subsequently amended from time
to time to be in good faith compliance with the changes made to the
law by EGTRRA, to conform to regulations and guidance issued by the
DOL and IRS, and to reflect design and administrative changes,
including an amendment whereby an Employee, other than an Employee
who is a member of UAW Local 644 (Marine - Limerick, PA) and who is
covered by a collective bargaining agreement between the Employer
and UAW Local 644, first hired by the Employer on or after
January 1, 2006 may not become a Participant in the Plan or
accrue benefits under the Plan. The Hourly Employees’ Plan
was also previously amended to provide that, an Employee who is a
member of UAW Local 644 (Marine — Limerick, PA) and who is
covered by a collective bargaining agreement between the Employer
and UAW Local 644, that is first hired by the Employer on or after
July 1, 2006 may not become a Participant in the Plan or
accrue benefits under the Plan.
Arrow
International, Inc. (“Arrow”) adopted the Retirement
Plan for Salaried Employees (“Arrow Salaried Plan”)
effective as of September 1, 1978. The Arrow Salaried Plan has
been amended from time to time and was most recently amended and
restated effective as of September 1, 2002 to comply with
EGTRRA (by the incorporation of previously-adopted “good
faith” amendments) and the requirements reflected in IRS
Notice 2005-101 (the “2005 Cumulative List”). The Arrow
Salaried Plan was subsequently amended to comply with changes made
to the required interest rate assumption used for adjusting
distribution calculations as provided in the Pension Funding Equity
Act of 2004, to revise the governance structure of the Plan (in a
manner consistent with the Sponsor’s acquisition of Arrow on
October 1, 2007), and to close participation to newly hired
employees effective September 30, 2008.
Arrow
adopted the Retirement Plan for Hourly-Rated Employees of the North
Carolina and New Jersey Plants of Arrow International, Inc.
(“Arrow Hourly Plan”), effective as of
September 1, 1976. Effective as of September 1, 1997, the
name of the Arrow Hourly Plan was changed to the Retirement Plan
for Hourly-Rated Employees of Arrow International, Inc. The Arrow
Hourly Plan has been amended from time to time and was most
recently amended and restated
2
effective
as of September 1, 2002 to comply with EGTRRA (by the
incorporation of previously-adopted “good faith”
amendments) and the requirements reflected in IRS Notice 2005-101
(the “2005 Cumulative List”). The Arrow Hourly Plan was
subsequently amended to comply with changes made to the required
interest rate assumption used for adjusting distribution
calculations as provided in the Pension Funding Equity Act of 2004,
to revise the governance structure of the Plan (in a manner
consistent with the Sponsor’s acquisition of Arrow on
October 1, 2007), and to close participation to newly hired
employees effective September 30, 2008.
Arrow
adopted the Retirement Plan for Hourly Rated Employees of at the
Berks County, PA Locations of Arrow International, Inc.
(“Arrow Berks Plan”), effective as of September 1,
1975. The Arrow Berks Plan has been amended from time to time and
was most recently amended and restated effective as of
September 1, 2002 to comply with EGTRRA (by the incorporation
of previously-adopted “good faith” amendments) and the
requirements reflected in IRS Notice 2005-101 (the “2005
Cumulative List”). The Arrow Berks Plan was subsequently
amended to comply with changes made to the required interest rate
assumption used for adjusting distribution calculations as provided
in the Pension Funding Equity Act of 2004, and to revise the
governance structure of the Plan (in a manner consistent with the
Sponsor’s acquisition of Arrow on October 1,
2007).
The
following words and phrases as used herein have the following
meanings unless a different meaning is plainly required by the
context:
1.1
“ Accrued Benefit ” means:
1.1.1
The accrued benefit of a Salaried Participant expressed in terms of
a monthly single life annuity (or a single life annuity with
payments guaranteed for five years for a Pre-1998 Employee)
beginning at his Normal Retirement Date determined under
Section 3.1, or his Late Retirement Date determined under
Section 3.2, on the basis of the Participant’s Credited
Service as a Participant to the date as of which the computation is
made.
1.1.2
The accrued benefit of an Hourly Participant is the retirement
benefit that a Participant would receive at his Normal Retirement
Date based on the benefit formula set forth in the applicable
Schedule to Appendix E.
1.1.3
The accrued benefit of an Arrow Salaried Participant as of any date
is the amount of annual Benefit earned to such date, payable as a
single life annuity beginning at the Participant’s Normal
Retirement Date (or immediately, if the Participant has passed his
Normal Retirement Date), calculated in accordance with
Section 5.1 of Appendix F.
1.1.4
The accrued benefit of an Arrow Hourly Participant as of any date
is the amount of annual Benefit earned to such date, payable as a
single life annuity beginning at the Participant’s Normal
Retirement Date (or immediately, if the Participant has passed his
Normal Retirement Date), calculated in accordance with
Section 5.1 of Appendix G.
1.1.5
The accrued benefit of an Arrow Berks Participant as of any date is
the amount of annual Benefit earned to such date, payable as a
single life annuity beginning at the Participant’s Normal
Retirement Date (or immediately, if the Participant has passed his
Normal Retirement Date), calculated in accordance with
Section 5.1 of Appendix H.
3
For
purposes of determining whether the Plan is a Top-Heavy Plan, the
Accrued Benefit of a current Employee shall be determined as if he
had a Severance from Employment on the Determination Date. The
actuarial assumptions used to determine the present value of
accrued benefits for the purpose of the Top-Heavy test shall be
those set forth in Appendix B for Salaried Participants and
those set forth in Appendix E, F, G, or H, as applicable, for
other Participants.
Notwithstanding
any provision of the Plan to the contrary, except as otherwise
provided in an Appendix or required by applicable law, no
Participant shall accrue any additional benefit under the Plan
after December 31, 2008.
1.2
“ Accumulated Contributions ” means the sum of a
Salaried Participant’s contributions made under the Plan
before July 1, 1982, or repaid pursuant to Section 3.7,
and interest credited thereon up to the date benefit payments begin
under the Plan. The rates of interest credited upon such
contributions shall be determined by the Committee, provided that
the rate of interest shall not be less than 7%, compounded
annually, for each Plan Year prior to January 1, 1988 and for
each Plan Year thereafter, 120% of the Federal mid-term rate as in
effect under Section 1274 of the Code for January of the
relevant Plan Year, compounded annually.
1.3
“ Actuarial Definitions ”
1.3.1
“Actuarial Equivalent” or “Actuarially
Equivalent”:
1.3.1.1
for Salaried Participants, shall mean the equivalent actuarial
value of the normal form of benefit for unmarried Participants, as
described in Section 6.2, determined based upon the advice of
the Plan’s enrolled actuary using the factors and assumptions
listed in Appendix B, attached hereto and made a part
hereof;
1.3.1.2
for Hourly Participants, shall have the meaning set forth in
Appendix E, attached hereto and made a part hereof;
1.3.1.3
for Arrow Salaried Participants, shall have the meaning set forth
in Appendix F, attached hereto and made a part
hereof;
1.3.1.4
for Arrow Hourly Participants, shall have the meaning set forth in
Appendix G, attached hereto and made a part hereof;
and
1.3.1.5
for Arrow Berks Participants, shall have the meaning set forth in
Appendix H, attached hereto and made a part hereof.
1.3.2
For purposes of determining the amount of a Participant’s
lump sum distribution or the present value of a Participant’s
Accrued Benefit, the “Actuarial Equivalent” of such
benefit shall be calculated using the “Applicable Interest
Rate” and the “Applicable Mortality
Table.”
1.3.2.1
Effective January 1, 2000 and prior to January 1, 2008,
or the date determined by applying the rules of transition under
Code Section 417(e) and Treasury
Regulation Section 1.417(e)-1, the “ Applicable
Interest Rate ” shall be the average annual rate of
interest on 30-year Treasury securities as specified by the
Internal Revenue Service determined each Plan Year using the
interest rate
4
in effect
for the November of the Plan Year immediately preceding the first
day of the Plan Year. For Plan Years beginning on or after
January 1, 2008, , or the date determined by applying the
rules of transition under Code Section 417(e) and Treasury
Regulation Section 1.417(e)-1, the “ Applicable
Interest Rate ” is the adjusted first, second and third
segment rates applied under rules similar to the rules of Code
Section 430(h)(2)(C) (determined without regard to the
24-month averaging provided under Code
Section 430(h)(2)(D)(i)) for the November preceding the first
day of the Plan Year or such other time as the Secretary of the
Treasury may by regulations prescribe. The use of the segment rates
as the Applicable Interest rate shall be phased in over five years
in accordance with Code Section 417(e)(3)(D)(ii).
1.3.2.2
For Plan Years beginning on or after January 1, 2008, the
“ Applicable Mortality Table ” shall be the
applicable Code Section 417(e)(3) mortality table. For Plan
Years beginning prior to January 1, 2008, the “
Applicable Mortality Table ” shall be the mortality
table prescribed by the Internal Revenue Service, which shall be
based on the prevailing commissioner’s standard table
(described in Code §807(d)((5)(A)) used to determine reserves
for group annuity contracts issued on the date as of which a
present value is determined (without regard to any other
subparagraph of Code §807(d)(5)) as specified by the Internal
Revenue Service. For distributions with an Annuity Starting Date on
or after December 31, 2002, such “Applicable Mortality
Table” is the mortality table prescribed in IRS Revenue
Ruling 2001-62 (commonly known as the “94 GAR” table).
For distributions with an Annuity Starting Date prior to such date,
the “ Applicable Mortality Table ” is the
mortality table prescribed in IRS Revenue Ruling 95-6 (commonly
known as “83 GAM” table).
1.4
Administrative Committee . Effective January 1, 2008,
the “Administrative Committee” is the Financial Benefit
Plans Committee or such other committee appointed by the Committee
or the Board to oversee the administration of the Plan, or any
successor thereto.
1.5
“ Aggregation Group ” means:
1.5.1
a Required Aggregation Group, or
1.5.2
a Permissive Aggregation Group.
1.6
“ Annuity Starting Date ” means for:
1.6.1
a Salaried Participant electing an early, normal, late or Total and
Permanent Disability retirement benefit, the first day of the first
month for which the retiring Salaried Participant receives an
annuity payment,
1.6.2
the surviving Spouse or other Beneficiary of a deceased Salaried
Participant who died having met the requirements for an early,
normal, late or Total and Permanent Disability retirement benefit
but who had not reached his Annuity Starting Date, the first day of
the month following the date of the Salaried Participant’s
death, or
1.6.3
the surviving Spouse of a deceased Salaried Participant who died
before having reached his “Earliest Retirement Age,” as
defined under Section 417 of the Code, but
5
who had a
vested interest in his Accrued Benefit under Section 4.1, the
Salaried Participant’s Earliest Retirement Age.
The Annuity
Starting Date for Participants other than Salaried Participants
shall have the meaning set forth in the Appendix applicable to the
Participant.
1.7
“ Arrow Berks Participant ” means a Participant,
as defined in Appendix H, who was a participant in the
Retirement Plan for Hourly Rated Employees at the Berks County, PA
Locations of Arrow International, Inc. (“Arrow Berks
Plan”) prior to the merger of the Arrow Berks Plan with and
into the Plan effective as of August 31, 2008 and/or who is
eligible to participate in the Plan pursuant to Appendix H
hereto. The Plan benefit to which an Arrow Berks Participant is
entitled shall be determined in accordance with the Plan and
Appendix H hereto. An individual who ceases to be an Employee
shall nonetheless remain an Arrow Berks Participant for purposes of
benefit payments only, until all amounts due him from the Plan have
been paid.
1.8
“ Arrow Hourly Participant ” means a Participant
who was a participant in the Retirement Plan for Hourly-Rated
Employees of Arrow International, Inc. (“Arrow Hourly
Plan”) prior to the merger of the Arrow Hourly Plan with and
into the Plan effective as of August 31, 2008 and/or who is
eligible to participate in the Plan pursuant to Appendix G
hereto. The Plan benefit to which an Arrow Hourly Participant is
entitled shall be determined in accordance with the Plan and
Appendix G hereto. An individual who ceases to be an Employee
shall nonetheless remain a Arrow Hourly Participant for purposes of
benefit payments only, until all amounts due him from the Plan have
been paid. Notwithstanding any other provision of the Plan to the
contrary, no Employee whose initial date of hire by a Participating
Company described in Appendix G hereto is on or after
October 1, 2007, may become an Arrow Hourly Participant or
accrue benefits under the Plan.
1.9
“ Arrow Salaried Participant ” means a
Participant who was a participant in the Retirement Plan for
Salaried Employees of Arrow International, Inc. (“Arrow
Salaried Plan”) prior to the merger of the Arrow Salaried
with and into the Plan effective as of August 31, 2008 and/or
who is eligible to participate in the Plan pursuant to
Appendix F hereto. The Plan benefit to which an Arrow Salaried
Participant is entitled shall be determined in accordance with the
Plan and Appendix F. hereto. An individual who ceases to be an
Employee shall nonetheless remain a Arrow Salaried Participant for
purposes of benefit payments only, until all amounts due him from
the Plan have been paid. Notwithstanding any other provision of the
Plan to the contrary, no Employee whose initial date of hire by a
Participating Company described in Appendix F hereto is on or
after October 1, 2007, may become an Arrow Salaried
Participant or accrue benefits under the Plan.
1.10
“ Average Monthly Compensation ” means the
Monthly Compensation of a Salaried Participant who participated in
the TRIP Plan before its merger into the Plan, averaged over the 60
consecutive months that produce the highest average during the
120 month period, or the number of months as an employee if
less than 120, ending prior to the Salaried Participant’s
retirement date, date of Severance from Employment, or date of
death, whichever is applicable. As used in this Section 1.7,
“Monthly Compensation” means the Compensation
(determined under Section 1.16.1.1) paid to a Salaried
Participant in a Plan Year for services rendered to a Participating
Employer divided by the number of full months that the Salaried
Participant was employed during the calendar year by the
Participating Employer, subject to the limits of Code
Section 401(a)(17).
6
Subject to
Article XIII, a Salaried Participant on an approved leave of
absence shall be deemed to have received remuneration during his
period of absence equal to his basic rate of pay in effect
immediately prior to such absence.
1.11
“ Beneficiary ” means:
1.11.1
the Participant’s Spouse,
1.11.2
the person, persons or trust designated by the Participant, with
the consent of the Participant’s Spouse if the Participant is
married, as direct or contingent beneficiary in a manner prescribed
by the Administrative Committee, or
1.11.3
if the Participant has no Spouse and has made no effective
Beneficiary designation:
1.11.3.1
the Participant’s estate; and
1.11.3.2
prior to January 1, 2009, the Hourly Participant’s
children, parents, brothers or sisters, in that order, and, if
none, the Hourly Participant’s estate.
A married
Participant may designate a person, persons or trust other than his
Spouse as Beneficiary, provided that such Spouse consents in
writing in a manner prescribed by the Administrative Committee. The
Spouse’s consent must be witnessed by a notary public or
Administrative Committee representative and must be limited to and
acknowledge the specific non-Spouse Beneficiary(ies) (including any
class of Beneficiaries) designated by the Participant. If the
Participant wishes to subsequently change Beneficiary(ies), the
consent of the Spouse must be obtained again. Spousal consent shall
not be required if the Participant establishes to the satisfaction
of the Administrative Committee that the consent cannot be obtained
because the Spouse cannot be located or because of such other
circumstances as the Secretary of the Treasury may prescribe by
regulations. A subsequent Spouse of a Participant shall not be
bound by a consent executed by any previous Spouse of the
Participant.
Any prior
designation of a Beneficiary shall be revocable at the election of
the Participant at any time in the manner and form prescribed by
the Administrative Committee until the payment commencement date.
The number of revocations shall not be limited. If more than one
Beneficiary is designated by the Participant, such Beneficiaries
who survive the Participant shall share equally in any death
benefit unless the Participant indicates to the contrary, in
writing. If a Beneficiary predeceases the Participant, such
deceased Beneficiary shall not share in any death benefit and those
Beneficiaries who survive the Participant shall share in any death
benefit equally, or, if different, in the proportions designated by
the Participant. A Beneficiary’s right to information or data
concerning the Plan does not arise until the Beneficiary first
becomes entitled to receive a benefit under the Plan.
The entry
of a decree of divorce shall not automatically revoke a prior
written election of a Participant naming such divorced Spouse as a
Beneficiary. Except as provided to the contrary under a qualified
domestic relations order: (i) a Participant may, subsequent to
a divorce, designate someone other than his former Spouse as
Beneficiary; and (ii) if a divorced Participant remarries, the
new Spouse shall have all of the rights of a Spouse as set forth
herein and any prior written Beneficiary designation by the
Participant shall be automatically revoked and subject to the
rights of the subsequent Spouse. If an alternate payee under a
qualified
7
domestic
relations order, as defined in Code Section 414(p), should die
before payment of the benefit assigned to the alternate payee
occurs, the portion of the Accrued Benefit assigned to the
alternate payee shall revert to the Participant unless the
qualified domestic relations order permits the alternate payee to
designate a Beneficiary and a Beneficiary has in fact been
designated to whom the benefit may be paid.
1.12
“ Board of Directors ” means the Board of
Directors of the Sponsor. Effective January 1, 2008,
“Board of Directors” means the Board of Directors of
the Sponsor or any committee thereof.
1.13
“ Break-in-Service ” means, with respect to
Salaried Participants:
1.13.1
for the purpose of Article II, relating to eligibility to
participate in the Plan, a 12 consecutive month period, measured
from the date an Employee is first credited with an Hour of Service
or any anniversary thereof (or his reemployment commencement date
or any anniversary thereof), within which the Employee is not
credited with more than 500 Hours of Service; and
1.13.2
for the purpose of Article IV, relating to vesting, a Plan
Year within which an individual is not credited with more than 500
Hours of Service; provided that any Break-in-Service occurring
during the July 1, 1997 to December 31, 1997 Plan Year
shall be disregarded.
“Break-in-Service”
with respect to a Participant other than a Salaried Participant
shall have the meaning set forth in the Appendix applicable to that
Participant.
1.14
“ Code ” means the Internal Revenue Code of
1986, as amended.
1.15
“ Committee ” means the Committee appointed to
administer the Plan. Effective January 1, 2008, the Committee
is the Teleflex Incorporated Benefits Policy Committee or any
successor thereto. Effective January 1, 2008, the Committee
shall be the Plan Administrator and Named Fiduciary of the Plan.
Prior to January 1, 2008, the Sponsor shall be the Plan
Administrator and Named Fiduciary of the Plan.
1.16.1.1
Salaried Participants . Compensation means, except as
otherwise provided in this Section 1.16.1.1, remuneration paid
to a Salaried Participant for services rendered to a Participating
Employer. Such remuneration shall include regular or base pay,
bonuses, commissions, overtime pay, shift differentials,
double-time pay, adjustments, amounts paid for time missed due to
holidays, vacations, personal days, jury duty, sick leave and
funeral leave, short-term disability pay, payments made as a result
of opting out of medical coverage, amounts deferred under a
nonqualified deferred compensation plan, and amounts that would be
paid except for the Employee’s election under a cash or
deferred arrangement described in Section 401(k) of the Code or a
cafeteria plan described in Section 125 of the Code. Such
remuneration shall not include employer contributions to benefit
plans, fringe benefits, severance pay, expense reimbursements,
tuition reimbursements, relocation expenses, the taxable portion of
life insurance coverage, car allowances, personal use of
employer
8
aircraft,
income recognized on the exercise of a stock option or the vesting
of a restricted stock award, payments received while an Employee
from a nonqualified deferred compensation plan and any other
special pay arrangements.
For Plan
Years beginning on and after January 1, 2002, amounts
referenced under Code Section 125 include any amounts not
available to a Salaried Participant in cash in lieu of group health
coverage because the Salaried Participant is unable to certify that
he has other health coverage. An amount will be treated as an
amount under Code Section 125 only if the Employer does not
request or collect information regarding the Salaried
Participant’s other health coverage as part of the enrollment
process for the health plan. For any self-employed individual
Compensation shall mean earned income, as defined in Code
Section 401(c)(2).
For Plan
Years beginning on and after January 1, 2008, Compensation
shall include Post-Severance Compensation paid by the later of:
(i) two and one-half (2 1
/
2
) months
(or such other period as extended by subsequent Treasury
Regulations or other published guidance) after Severance from
Employment with the Employer; or (ii) the end of the Plan Year
that includes the date of the Employee’s Severance from
Employment with the Employer. “Post-Severance
Compensation” means payments that would have been included in
the definition of Compensation if they were paid prior to the
Employee’s Severance from Employment and the payments are:
(a) regular Compensation for services during the Salaried
Participant’s regular working hours, Compensation for
services outside the Salaried Participant’s regular working
hours (such as overtime or shift differential), commissions,
bonuses, or other similar compensation, if the payments would have
been paid to the Employee if the Employee had continued in
employment with the Employer; (b) for accrued bona fide sick,
vacation or other leave, but only if the Salaried Participant would
have been able to use the leave if employment had continued; or
(c) received by an Employee pursuant to a nonqualified
unfunded deferred compensation plan, but only if the payment would
have been paid to the Employee at the same time if the Employee had
continued in employment with the Employer and only to the extent
the payment is includible in the Employee’s gross income. Any
payments not described in the preceding sentence are not considered
Post-Severance Compensation if paid after Severance from
Employment, except for payments (1) to an individual who does
not currently perform services for the Employer by reason of
qualified military service (within the meaning of Code
Section 414(u)(1)) to the extent these payments do not exceed
the amounts the individual would have received if the individual
had continued to perform services for the Employer; or (2) to
any Participant who is permanently and totally disabled for a fixed
or determinable period, as determined by the Administrative
Committee. For purposes of this Section 1.16.1.1,
“permanently and totally disabled” means that the
individual is unable to engage in any substantial gainful activity
by reason of any medically determinable physical or mental
impairment which can be expected to result in death or which has
lasted or can be expected to last for a continuous period of not
less than 12 months.
Back pay,
within the meaning of Treasury Regulations
Section 1.415(c)-2(g)(8), shall be treated as Compensation for
the Limitation Year to which the back pay
9
relates to
the extent the back pay represents an amount that would otherwise
be Compensation.
1.16.1.2
Hourly Participants . Compensation means Limitation
Compensation, as defined in Appendix E.
1.16.1.3
Arrow Salaried Participants . Compensation means Average
Annual Compensation, as defined in Appendix F.
1.16.1.4
Arrow Hourly Participants . Compensation means Average
Annual Compensation, as defined in Appendix G.
1.16.1.5
Arrow Berks Participants . Compensation means Average Annual
Compensation, as defined in Appendix H.
1.16.2
Compensation Limitation . In addition to other applicable
limits set forth in the Plan, the annual Compensation of each
Employee taken into account in determining benefit accruals under
the Plan shall not exceed the “ Compensation
Limitation .” The Compensation Limitation for Plan Years
beginning after December 31, 2001 is $200,000 and the
Compensation Limitation for Plan Years beginning after
December 31, 2007 is $230,000. The Compensation Limitation
shall be adjusted for cost-of-living increases in accordance with
Section 401(a)(17)(B) of the Code. The cost-of-living
adjustment in effect for a calendar year applies to annual
Compensation for any period, not exceeding 12 months, over
which Compensation is determined (the “ Determination
Period ”) that begins with or within such calendar year.
If a Determination Period consists of fewer than 12 months,
the Compensation Limitation will be multiplied by a fraction, the
numerator of which is the number of months in the Determination
Period and the denominator of which is 12. If Compensation in any
prior Determination Period is taken into account in determining an
Employee’s benefits accruing in the current Plan Year, the
Compensation for that prior Determination Period is subject to the
Compensation Limit in effect for that prior Determination Period.
Any increase in the Compensation Limit shall not apply to former
Employees.
1.17
“ Continuous Service ” means, with respect to
Salaried Participants:
1.17.1
for periods ending before July 1, 1982, a period of employment
that was Continuous Service under the terms of the Plan as in
effect before July 1, 1982; and
1.17.2
for periods beginning on or after July 1, 1982, a period of
employment with the Employer beginning on the first day of the
month in which his date of hire occurs and ending on the date of
his Break-in-Service.
1.17.3
The following rules shall also apply in determining a Salaried
Participant’s Continuous Service for all purposes under the
Plan, unless indicated otherwise:
1.17.3.1
If an Employee quits, retires, is discharged, or is placed on
permanent layoff, and within 12 months thereafter returns to
service and is credited with an Hour of Service, his Continuous
Service shall be computed as though his service had not been
severed;
1.17.3.2
If an Employee is absent from service and while so absent quits,
retires, is discharged, or is placed on permanent layoff, and
within 12
10
months
after the first date upon which he is absent from service, returns
to service and is credited with an Hour of Service, his Continuous
Service shall be computed as though his service had not been
severed;
1.17.3.3
All of an Employee’s nonsuccessive periods of service,
including the period of service after a Break in Service if the
Salaried Participant was vested in his Accrued Benefit or if the
Salaried Participant has not incurred five or more consecutive
Breaks in Service, shall be aggregated, and less than full years of
service (whether or not consecutive) shall also be
aggregated;
1.17.3.4
An Employee reemployed by the Employer in accordance with
Chapter 43 of Title 38 of the United States Code, shall be
treated as though he had been actively performing services for the
Employer during such Employee’s period of ‘qualified
military service’ (as defined in Section 414(u) (5) of
the Code); and
1.17.3.5
For purposes of determining whether or not an Employee is eligible
to participate in the Plan, and whether or not benefits under the
Plan are vested, years of Continuous Service shall include periods
as a Leased Employee, including the one-year period on the basis of
which the individual is deemed to be a Leased Employee.
1.18
“ Covered Compensation ” means, with respect to
any Salaried Participant, the average (without indexing) of the
contribution and benefit bases in effect under Section 230 of
the Social Security Act for each calendar year in the 35-year
period ending with the calendar year in which the Salaried
Participant reaches his Social Security Retirement Age. In
determining a Salaried Participant’s Covered Compensation for
any Plan Year, the contribution and benefit bases in effect at the
beginning of such Plan Year shall be assumed to continue in effect
for all subsequent Plan Years.
1.19
“ Credited Service ” means, with respect to
Salaried Participants:
1.19.1
for periods ending before July 1, 1982, a period of employment
that was a period of Credited Service under the terms of the Plan
as in effect before July 1, 1982; and
1.19.2
for periods beginning on or after July 1, 1982, the period of
an Employee’s Continuous Service measured from the date he
begins to participate in the Plan; provided that Credited Service
shall not include periods of Continuous Service credited under
Sections 1.14.3.1 and 1.14.3.2 for a period of time when a
Participant was on a layoff.
1.19.3
Except as provided otherwise in Section 3.1.6, a Salaried
Participant’s Credited Service under the TRIP Plan through
December 31, 1997 shall count as Credited Service under this
Plan.
1.19.4
Notwithstanding any provision of the Plan to the contrary, the
following individuals shall receive no additional Credited Service
for benefit accrual purposes for any period of employment after
January 31, 2004, provided that service for periods of
employment after such date shall continue to be credited for
eligibility and vesting purposes:
1.19.4.1
Employees of Weck Surgical employed at Research Triangle Park,
North Carolina;
11
1.19.4.2
Salaried Exempt and Salaried Non-Exempt Employees of TFX Medical
employed at Jaffrey, New Hampshire; and
1.19.4.3
Sales Representatives of Pilling Surgical employed at Horsham,
Pennsylvania who were hired on or after December 23, 1993 and
before March 28, 1997.
1.20
“ Defined Benefit Plan ” means any employee
pension plan maintained by the Employer that is qualified under
Section 401(a) of the Code and is not a Defined Contribution
Plan.
1.21
“ Defined Contribution Plan ” means an employee
pension plan maintained by the Employer that is qualified under
Section 401(a) of the Code and provides for an individual account
for each Participant and for benefits based solely on the amount
contributed to the Participant’s account, and any income,
expenses, gains and losses, and any forfeitures from accounts of
other Participants that may be allocated to such
Participant’s account.
1.22
“ Determination Date ” means:
1.22.1
if the Plan is not included in an Aggregation Group, the last day
of the preceding Plan Year; or
1.22.2
if the Plan is included in an Aggregation Group, the Determination
Date as determined under Section 1.22.1 that falls within the
same calendar year of each other plan included in such Aggregation
Group.
1.23
“ Early Retirement Date ” means the last day of
any month coincident with or following a Salaried
Participant’s reaching age 60, but not age 65, and after he
has been credited with 10 years of Continuous Service. The
Early Retirement Date, if applicable, for an Hourly Participant,
Arrow Salaried Participant, Arrow Hourly Participant, or an Arrow
Berks Participant is set forth in Appendix E, F, G, or H
hereto, respectively.
1.24
“ Effective Date ” means January 1, 2002,
except where otherwise provided herein or as required by applicable
legislation. The original effective date of the Plan was
July 1, 1966. With respect to any Participating Employer
adopting the Plan after the Effective Date, the Effective Date
shall be the date of adoption unless another date is
specified.
1.25
“ Employee ” means, except as otherwise defined
in an Appendix hereto:
1.25.1
an individual who is employed by the Employer and whose earnings
are reported on a Form W-2;
1.25.2
an individual who is not employed by an Employer but is required to
be treated as a Leased Employee (as defined in Section 2.2.5);
provided that if the total number of Leased Employees constitutes
20% or less of the Employer’s non-highly compensated work
force, within the meaning of Section 414(a)(5)(c)(ii) of the
Code, the term “Employee” shall not include those
Leased Employees covered by a “safe harbor” plan
described in Section 414(n)(5)(i) of the Code; and
1.25.3
when required by context under Section 1.32 for purposes of
crediting Hours of Service, a former Employee.
12
The term
“Employee” shall not include any individual providing
services to an Employer as an independent contractor. An individual
excluded from participation by reason of independent contractor or
Leased Employee status, if determined by the Administrative
Committee, a court, a governmental agency, or in accordance with
law to be a common law employee of the Employer, shall be
recharacterized as an Employee under the Plan as of the date of
such determination, unless an earlier date is necessary to preserve
the tax qualified status of the Plan. Notwithstanding such general
recharacterization, such person shall not be considered an eligible
Employee for purposes of Plan participation, except and to the
extent necessary to preserve the tax qualified status of the
Plan.
1.26
“ Employer ” means the Sponsor and Participating
Employers. If the Employer is a member of a group of Related
Employers, the term “Employer” includes the Related
Employers for purposes of crediting Hours of Service, applying the
participation test of Code Section 401(a)(26) and the coverage
test of Code Section 410(b), determining Years of Service and
Breaks in Service, applying the limitations of Section 11.1,
applying the Top Heavy rules of Article XII, the definitions
of Employee, Highly Compensated Employee, and Leased Employee, and
for any other purpose as required by the Code or by the Plan.
However, only the Sponsor and Participating Employers may
contribute to the Plan and only eligible Employees employed by the
Sponsor or a Participating Employer are eligible to participate in
this Plan. Unless otherwise provided, service with a Related
Employer prior to the date that it either adopted the Plan or
became a Related Employer shall not be counted for any purpose
under the Plan.
1.27
“ ERISA ” means the Employee Retirement Income
Security Act of 1974, as amended.
1.28
“ Five-Percent Owner ” means any Employee who
owns (or is considered as owning within the meaning of
Section 318 of the Code) more than 5% of the outstanding stock
of the Employer, or stock possessing more than 5% of the total
combined voting power of all stock of any Employer. For purposes of
this Section 1.28, Section 318(a)(2)(C) of the Code shall
be applied by substituting “5%” for “50%”
each time it appears therein.
1.29
“ Former Key Employee ” means an Employee who is
a Non-Key Employee with respect to the Plan for the Plan Year if
such Employee was a Key Employee with respect to the Plan for any
prior Plan Year.
1.30
“ Fund ” means the assets and all income, gains
and losses thereon held by the Trustee under the trust agreement
for the exclusive benefit of Participants, their surviving Spouses,
and their Beneficiaries.
1.31
“ Highly Compensated Employee” means any
Employee who:
1.31.1
was a Five-Percent Owner at any time during the Plan Year or the
preceding Plan Year; or
1.31.2
for the preceding Plan Year:
1.31.2.1
received more than $85,000 ($100,000 for the Plan Year beginning
January 1, 2008) in Compensation from the Employer (or such
higher amount as adjusted pursuant to Code Section 414(q)(1));
and
13
1.31.2.2
if the Employer elects, was in the top-paid group of employees
(within the meaning of Code Section 414(q)(4)) for such
preceding year.
Highly
Compensated Employees also include highly compensated former
Employees. A highly compensated former Employee includes any
Employee who has had a Severance from Employment (or was deemed to
have a Severance from Employment) prior to the current or preceding
Plan Year, performs no Service for the Employer during such Plan
Year, and was a highly compensated active Employee for either the
severance year or any Plan Year ending on or after the
Employee’s 55th birthday in accordance with the rules for
determining Highly Compensated Employee status in effect for that
determination year and in accordance with applicable Treasury
Regulations and IRS Notice 97-45.
For
purposes of this Section, “Compensation” means
Compensation as defined in Section 11.1.1.2, and Related
Employers shall be treated as a single employer with the Employer.
The determination of who is Highly Compensated shall be made in
accordance with Code Section 414(q) and the Treasury Regulations
promulgated thereunder.
1.32
“ Hour of Service ” means, except as otherwise
set forth in an Appendix hereto, with respect to employment with
the Employer:
1.32.1
Each hour for which the Employer, either directly or indirectly,
pays an Employee, or for which the Employee is entitled to payment
for the performance of duties for the Employer. The Administrative
Committee shall credit Hours of Service under this
Section 1.32.1 to the Employee for the computation period in
which the Employee performs the duties, irrespective of when
paid;
1.32.2
Each hour for which the Employer, either directly or indirectly,
pays and Employee, or for which the Employee is entitled to payment
(irrespectively of whether the employment relationship is
terminated), for reasons other than the performance of duties
during a computation period, such as leaves of absence, vacation,
holiday, sick leave, illness, incapacity (including disability),
layoff, jury duty or military duty. There shall be excluded from
the foregoing those periods during which payments are made or due
under a plan maintained solely for the purpose of complying with
applicable workers’ compensation, unemployment compensation,
or disability insurance laws. An Hour of Service shall not be
credited where an employee is being reimbursed solely for medical
or medically related expenses. The Administrative Committee shall
not credit more than 501 Hours of Service under this
Section 1.32.2 to an Employee on account of any single
continuous period during which the Employee does not perform any
duties (whether or not such period occurs during a single
computation period). The Administrative Committee shall credit
Hours of Service under this Section 1.31.2 in accordance with
the rules of paragraphs (b) and (c) of Department of
Labor Regulations Section 2530.200b-2, which the Plan, by this
reference, specifically incorporates in full within this
Section 1.31.2; and
1.32.3
Each hour for back pay, irrespective of mitigation of damages, to
which the Employer has agreed or for which the Employee has
received an award. The Administrative Committee shall credit Hours
of Service under this Section 1.32.3 to the Employee for the
computation period(s) to which the award or the agreement pertains
rather than for the computation period in which the award,
agreement or payment is made.
14
The
Administrative Committee shall not credit an Hour of Service under
more than one of the above paragraphs. A computation period for
purposes of this Section 1.32 is the Plan Year, Continuous
Service period, Break-in-Service period or other period, as
determined under the Plan provision for which the Administrative
Committee is measuring an Employee’s Hours of Service. The
Administrative Committee will resolve any ambiguity with respect to
the crediting of an Hour of Service in favor of the
Employee.
The
Administrative Committee shall credit every Employee with Hours of
Service on the basis of the “actual” method; provided
that with respect to an Employee for whom hours of employment are
not normally recorded, the Administrative Committee may, in
accordance with rules applied in a uniform and nondiscriminatory
manner, elect to credit Hours of Service using one or more of the
following equivalencies:
|
|
|
|
|
Basis upon Which
Records
|
|
Credit Granted
to Individual
|
|
Are
Maintained
|
|
For
Period
|
|
|
|
actual hours
for full shift
|
|
|
|
|
|
|
|
10 Hours of
Service
|
|
|
|
|
|
|
|
45 Hours of
Service
|
|
|
|
|
|
|
|
95 Hours of
Service
|
|
|
|
|
|
|
|
190 Hours of
Service
|
For
purposes of this Plan, the “actual” method means the
determination of Hours of Service from records of hours worked and
hours for which the Employer makes payment or for which payment is
due from the Employer.
Hours of
Service will be credited for employment with other members of a
group of Related Employers of which the Employer is a member. Hours
of Service will also be credited for any individual considered an
Employee for purposes of this Plan to the extent required under
Code Sections 414(n) or 414(o) and the Treasury Regulations
promulgated thereunder.
Solely for
purposes of determining whether the Employee incurs a Break in
Service under any provision of this Plan, the Administrative
Committee shall credit Hours of Service during an Employee’s
unpaid absence period due to maternity or paternity leave. The
Administrative Committee shall consider an Employee on maternity or
paternity leave if the Employee’s absence is due to the
Employee’s pregnancy, the birth of the Employee’s
child, the placement with the Employee of an adopted child, or the
care of the Employee’s child immediately following the
child’s birth or placement. The Administrative Committee
shall credit only the number (up to five hundred one (501) Hours of
Service) necessary to prevent an Employee’s Break in Service.
The Administrative Committee shall credit all Hours of Service
described in this paragraph to the computation period in which the
absence period begins or, if the Employee does not need these Hours
of Service to prevent a Break in Service in the computation period
in which his absence period begins, the Administrative Committee
shall credit these Hours of Service to the immediately following
computation period. Further, if required by the Family and Medical
Leave Act, time on a leave of absence, whether or not paid, shall
count in determining Service and Hours of Service.
15
1.33
“ Hourly Participant ” means a Participant who
was a participant in the Teleflex Incorporated Hourly
Employees’ Pension Plan (“Hourly Plan”) prior to
the merger of the Hourly Plan with and into the Plan effective as
of December 31, 2008 and/or who is eligible to participate in
the Plan pursuant to Appendix E hereto. The Plan benefit to
which an Hourly Participant is entitled shall be determined in
accordance with the Plan and Appendix E hereto. An individual
who ceases to be an Employee shall nonetheless remain an Hourly
Participant for purposes of benefit payments only, until all
amounts due him from the Plan have been paid. Notwithstanding any
other provision of the Plan to the contrary, no Employee whose
initial date of hire is on or after January 1, 2006
(July 1, 2006 with respect to an Employee who is a member of
UAW Local 644 (Marine - Limerick, PA) and who is covered by a
collective bargaining agreement between the Employer and UAW Local
644), may become an Hourly Participant in the Plan or accrue
benefits under the Plan.
1.34
“ Investment Manager ” means person or
organization who is appointed to direct the investment of all or
part of the Fund, and who is either registered in good standing as
an Investment Adviser under the Investment Advisers Act of 1940, a
bank (as defined in the Investment Advisers Act of 1940), or an
insurance company qualified to perform investment management
services under the laws of more than one state of the United
States, and who has acknowledged in writing that he is a fiduciary
with respect to the Plan.
1.35
“ Key Employee ” means any Employee or former
Employee (whether living or deceased) who, at any time during the
Plan Year that includes the Determination Date, is (or
was):
1.35.1
an officer of the Employer having annual compensation greater than
$130,000 (as adjusted under Section 416(i)(1) of the Code for
Plan Years beginning after December 31, 2002);
1.35.2
a Five-Percent Owner; or
1.35.3
a one-percent owner of the Employer having annual compensation of
more than $150,000. For this purpose, annual compensation means
compensation within the meaning of Section 415(c)(3) of the
Code. The determination of who is a Key Employee shall be made in
accordance with Section 416(i)(1) of the Code and applicable
Treasury Regulations and other guidance of general applicability
issued thereunder.
For
purposes of determining ownership in the Employer under this
Section, the employer aggregation rules of Sections 414(b),
414(c) and 414(m) of the Code shall not apply.
1.36
“ Late Retirement Date ” means the actual date
of retirement of a Participant who remains employed by an Employer
after reaching Normal Retirement Date.
1.37
“ Limitation Year ” means the Plan
Year.
1.38
“ Monthly Plan Compensation ” means, prior to
January 1, 1998, a Salaried Participant’s monthly rate
of base earnings for each Plan Year effective as of the May 1
preceding the beginning of such Plan Year, including amounts the
Salaried Participant elects to have his Employer or an Employer
that is not a Related Employer contribute to a cash or deferred
arrangement, but excluding overtime pay, bonuses, employer
contributions to or payments under this or any other employee
benefit plan to which the Employer contributes, and like forms of
additional compensation; provided, however, that if a Salaried
Participant is
16
compensated
at a weekly rate, his monthly rate shall be deemed to be 4-1/3
times his weekly rate. A Salaried Participant’s rate of base
earnings on any May 1 during a period of absence that does not
interrupt his Continuous Service or Credited Service shall be
deemed to be equal to his rate as of the May 1 next preceding the
beginning of such period of absence.
Effective
January 1, 1998, Monthly Plan Compensation means the
Compensation paid to a Salaried Participant in a Plan Year for
services rendered to an Employer divided by the number of full
months that the Salaried Participant was employed during the Plan
Year by the Employer, subject to the limits of
Section 401(a)(17) of the Code.
1.39
“ Non-Key Employee ” means a Participant in the
Plan (including a Beneficiary of such Participant) who is not a Key
Employee with respect to the Plan for the Plan Year.
1.40
“ Normal Retirement Age ” means, except as
otherwise provided in an Appendix hereto, age 65. Notwithstanding
the foregoing, the Normal Retirement Age of a Salaried Participant
who is employed by an Employer as a pilot shall be age
60.
1.41
“ Normal Retirement Date ” means, except as
otherwise provided in an Appendix hereto, the last day of the month
in which a Participant reaches age 65. Notwithstanding the
foregoing, the Normal Retirement Date of a Salaried Participant who
is employed by an Employer as a pilot shall be the last day of the
month in which the Salaried Participant reaches age 60.
1.42
“ Participant ” means a Salaried Participant,
Hourly Participant, Arrow Salaried Participant, Arrow Hourly
Participant, and an Arrow Berks Participants.
1.43
“ Participating Employer ” means any subsidiary
or affiliated organization of the Sponsor electing the participate
in the Plan with the consent of the Committee. A list of such
Participating Employers applicable to Salaried Participants is set
forth in Appendix A, attached hereto and made a part hereof,
as it may be updated from time to time.
1.44
“ Permissive Aggregation Group ”
means:
1.44.1
each plan of the Employer included in a Required Aggregation Group;
and
1.44.2
each other plan of the Employer if the group of plans consisting of
such plan and the plan or plans described in Section 1.39.1,
when considered as a single plan, meets the requirements of
Sections 401(a)(4) and 410 of the Code.
1.45
“ Plan ” means the Teleflex Incorporated
Retirement Income Plan as set forth in this document and the
related trust agreement pursuant to which the Trust is
maintained.
1.46
“ Plan Year ” means the 12-month period ending
each December 31.
1.47
“ Pre-1998 Employee ” means an individual who
was an Employee on December 31, 1997 and was either a
Participant on such date or who was eligible on such date to become
a Participant once the requirements of Section 2.1 were
met.
1.48
“ Qualified Joint and Survivor Annuity ” means
an annuity for the life of the Participant followed immediately
thereafter by a survivor annuity for the life of his Spouse.
The
17
survivor
annuity shall be 50% of the amount of the annuity payable during
the joint lives of the Participant and his Spouse. The amount
payable under the Qualified Joint and Survivor Annuity shall in any
event be the Actuarial Equivalent of the Participant’s
Accrued Benefit payable in the normal form of benefit for an
unmarried Participant (“normal form” with respect to an
Hourly Participant). If, pursuant to a qualified domestic relations
order described in Code Section 414(p), more than one individual is
a designated Spouse, the amount of the survivor annuity payable
under this Section 1.48 shall not exceed the amount that would
be paid if there were only one surviving Spouse.
1.49
“ Related Employers ” means a controlled group
of corporations (as defined in Code Section 414(b)), trades or
business (whether or not incorporated) which are under common
control (as defined in Code Section 414(c)), or an affiliated
service group (as defined in Code Sections 414(m) and
(o)).
1.50
“ Required Aggregation Group ” means:
1.50.1
each plan of the Employer in which a Key Employee participated
(regardless of whether such plan has been terminated) during the
five Plan Years ending on the Determination Date; and
1.50.2
each other plan of the Employer that enables any plan described in
Section 1.50.1 to meet the requirements of
Section 401(a)(4) or Section 410 of the Code, including
any such plan terminated within the five-year period ending on the
Determination Date.
1.51
“ Required Beginning Date ” means April 1 of the
calendar year following the later of:
1.51.1
the calendar year in which the Participant reaches age 70
1
/
2
;
or
1.51.2
the calendar year in which the Participant has a Severance from
Employment; provided, that this Section 1.51.2 shall not apply
in the case of a Participant who is a Five-Percent Owner with
respect to the Plan Year ending with the calendar year in which the
Participant attains age 70 1
/
2
.
1.52
“ Salaried Participant ” means an Employee who
has met the eligibility requirements of Article II and has
begun to participate in the Plan. An individual who ceases to be an
Employee shall nonetheless remain a Salaried Participant for
purposes of benefit payments only, until all amounts due him from
the Plan have been paid. Notwithstanding any other provision of the
Plan to the contrary, no Employee whose initial date of hire is on
or after January 1, 2006, may become a Salaried Participant in
the Plan or accrue benefits under the Plan.
1.53
Severance from Employment . An Employee’s separation
from service with the Employer such that the Employee no longer has
an employment relationship with the Employer.
1.54
“S ocial Security Retirement Age ” means the age
used as the retirement age under Section 216(l) of the Social
Security Act, except that such Section shall be applied without
regard to the age increase factor, and as if the early retirement
age under Section 216(l)(2) of such Act were 62.
18
1.55
“ Sponsor ” means Teleflex
Incorporated.
1.56
“ Spouse ” means, except as otherwise provided
in an Appendix hereto, a Participant’s lawful spouse at his
Annuity Starting Date or Required Beginning Date or, if earlier,
his date of death; provided that a former Spouse shall be treated
as the Spouse or surviving Spouse to the extent provided under a
qualified domestic relations order. To the extent that the Plan
treats a former Spouse of a Participant as the Spouse of such
Participant for purposes of Sections 401(a)(11) and 417 of the Code
pursuant to a qualified domestic relations order, the actual Spouse
of such Participant shall not be treated as the Spouse of such
Participant for such purposes.
1.57
“ Total and Permanent Disability ” means, except
as otherwise provided in an Appendix hereto, a medically
determinable disability of a permanent nature such that the
Participant is entitled to and receiving disability benefits under
the Social Security Act or under the Employer’s long-term
salary continuation program.
1.58
“ Top-Heavy-Group ” means an Aggregation Group
in which, as of the Determination Date, the sum of:
1.58.1
the aggregate of the Account Balances of Key Employees under all
Defined Contribution Plans included in such Aggregation Group;
and
1.58.2
the aggregate of the present value of cumulative accrued benefits
for Key Employees under all Defined Benefit Plans included in such
Aggregation Group,
exceeds 60%
of the sum of such aggregates determined for all
Employees.
1.59
“ Top-Heavy Plan ” means for a Plan Year means
the Plan if the Top Heavy ratio as of the Determination Date
exceeds sixty percent (60%). The Top Heavy ratio is a fraction, the
numerator of which is the sum of the present value of Accrued
Benefits of all Key Employees as of the Determination Date and the
contributions due as of the Determination Date, and the denominator
of which is a similar sum determined for all Employees. The
Administrative Committee shall calculate the Top Heavy ratio
without regard to the Accrued Benefit of any Non-Key Employee who
was formerly a Key Employee. The Administrative Committee shall
calculate the Top Heavy ratio by disregarding the Accrued Benefit
(including distributions, if any, of the Accrued Benefit) of an
individual who has not received credit for at least one Hour of
Service with an Employer during the one-year period ending on the
Determination Date in such calculation. In addition, the
Administrative Committee shall calculate the Top Heavy ratio by
including any part of any Accrued Benefit distributed by reason of
Severance from Employment, death or Total and Permanent Disability
(Disability with respect to Hourly Participants) in the one-year
period ending on the Determination Date and, for all other events,
the five-year period ending on the Determination Date. The
Administrative Committee shall determine the present value of
Accrued Benefits as of the most recent valuation date for computing
minimum funding costs falling within the twelve month period ending
on the Determination Date, whether or not the actuary performs a
valuation that year, except as Code Section 416 and the
Treasury Regulations require for the first and second Plan Year of
the Plan. The Administrative Committee shall calculate the Top
Heavy ratio, including the extent to which it must take into
account distributions, rollovers, and transfers, in accordance with
Code Section 416 and the Treasury Regulations
thereunder.
19
If the
Employer maintains other qualified plans (including a simplified
employee pension plan), the Plan is Top Heavy only if it is part of
the Required Aggregation Group, and the Top Heavy ratio for both
the Required Aggregation Group and the Permissive Aggregation Group
exceeds sixty percent (60%). The Administrative Committee shall
calculate the Top Heavy ratio in the same manner as required by the
first paragraph of this Section, taking into account all plans
within the Aggregation Group. To the extent the Administrative
Committee must take into account distributions to a Participant,
the Administrative Committee shall include distributions from a
terminated plan that would have been part of the Required
Aggregation Group if it were in existence on the Determination
Date. The Administrative Committee shall calculate the Present
Value of accrued benefits and the other amounts the Administrative
Committee must take into account under qualified plans included
within the group in accordance with the terms of those plans, Code
Section 416 and the Treasury Regulations thereunder. If an
aggregated plan does not have a valuation date coinciding with the
Determination Date, the Administrative Committee shall value the
accrued benefits or accounts in the aggregated plan as of the most
recent valuation date falling within the twelve-month period ending
on the Determination Date except as required by Code
Section 416 and applicable Treasury Regulations. The
Administrative Committee shall calculate the Top Heavy ratio with
reference to the Determination Dates that fall within the same
calendar year.
The accrued
benefit of a Participant other than a Key Employee shall be
determined under the method, if any, that uniformly applies for
accrual purposes under all defined benefit plans maintained by the
Employer; or if there is no such method, then as if such benefit
accrued not more rapidly than the slowest accrual rate permitted
under the fractional rule of Code Section 411(b)(1)(C).
For
purposes of valuing Accrued Benefits under the Plan and accrued
benefits under any other defined benefit plan taken into account in
the Top Heavy ratio, the Administrative Committee shall use the
actuarial assumptions stated in Section 1.3.
1.60
“ TRIP Plan ” means the plan formerly known as
the “Teleflex Incorporated Retirement Income Plan,”
that was merged into the Plan effective January 1,
1998.
1.61
“ Trust ” means the legal entity created by the
trust agreement between the Sponsor and the Trustee, fixing the
rights and liabilities with respect to controlling and managing the
Fund for the purposes of the Plan.
1.62
“ Trustee ” means the trustee or any successor
trustee or trustees hereafter designated by the Board of Directors
and named in the trust agreement or any amendment
thereto.
ARTICLE
II. PARTICIPATION.
The
provisions of this Article II apply only with respect to
Employees of an Employer who are eligible to become Salaried
Participants. The eligibility and participation provisions
applicable to other Employees are set forth in Appendix E, F,
G, or H hereto.
2.1.1
Prior to January 1, 2002, except as provided in
Section 2.2, each eligible Employee shall become a Salaried
Participant in the Plan as of the first day of the Plan Year
coincident with or immediately following the day he is first
credited with six months of
20
Continuous
Service and has reached age 20 1
/
2
.
Notwithstanding the foregoing, any eligible Employee who would have
become a Salaried Participant in the Plan or in the TRIP Plan on a
date prior to January 1, 1999 (the “Old Participation
Date”) under the terms of the Plan or the TRIP Plan as in
effect on December 31, 1997, but who would not become a
Salaried Participant until January 1, 1999 under the terms of
the Plan as in effect on January 1, 1998, shall become a
Salaried Participant on the Old Participation Date.
Except as
provided in Section 2.2, each eligible Employee whose initial
date of hire is on or after January 1, 2004 but prior to
January 1, 2006, shall become a Salaried Participant in the
Plan as of the earlier of (i) the first day of January or
(ii) the first day of July coincident with or immediately
following the day he is first credited with six months of
Continuous Service and has reached age 21. In no event will an
Employee whose initial date of hire occurs on or after January 1,
2006, become a Salaried Participant in the Plan.
2.1.2
Notwithstanding any provision of the Plan to the contrary, after
January 31, 2004, no Employee of Weck Surgical employed at
Research Triangle Park, North Carolina, no Salaried Exempt and no
Salaried Non-Exempt Employee of TFX Medical employed at Jaffrey,
New Hampshire, and no sales representative of Pilling Surgical
employed at Horsham, Pennsylvania shall become a new Salaried
Participant in the Plan.
2.2
Ineligible Employees . The following Employees (individuals
effective January 1, 2004) shall be ineligible to become a
Salaried Participant in the Plan:
2.2.1
An Employee who is employed by an entity that is not an
Employer;
2.2.2
An Employee of an Employer who does not work at the locations
listed in Appendix A;
2.2.3
Except as to an Employee at a location listed in Appendix A
where hourly paid Employees are eligible to participate, an
Employee other than individual who is employed by the Employer on a
salaried basis or who is classified as a salaried Employee of the
Employer;
2.2.4
Effective January 1, 2004, an Employee who is a member of a
unit of Employees as to which there is evidence that retirement
benefits were the subject of good faith collective bargaining,
unless a collective bargaining agreement covering those Employees
provides for their participation in the Plan;
2.2.5
An Employee who is a Leased Employees, defined as any person who is
not an Employee and who provides services to the Employer if:
(i) such services are provided pursuant to an agreement
between the Employer and any other person or entity; (ii) such
person has performed services for the Employer on a substantially
full-time basis for a period of at least one year; and
(iii) such services are performed under the primary direction
or control of the Employer.
2.2.6
An Employee who is a non-resident alien and who has no income from
sources within the United States;
2.2.7
An Individual who has been classified by an Employer as an
independent contractor, notwithstanding a contrary determination by
any court or governmental agency
21
2.2.8
Effective January 1, 2004, an individual who has been
classified by an Employer as a per diem employee, intern or special
project employee;
2.2.9
Effective January 1, 2004, an Employee who is a member of a
class of Employees who are excluded from participation in the Plan,
as specified in Appendix A;
2.2.10
Effective January 1, 2004, an Employee who has agreed in
writing that he is not entitled to participate in the
Plan;
2.2.11
An Employee whose terms and conditions of employment do not provide
for participation in or entitlement to benefits under the Plan;
and
2.2.12
An Employee whose initial date of hire is on or after
January 1, 2006.
With the
exception of the Employees listed in 2.2.12, the Administrative
Committee shall interpret the list of persons who are ineligible to
participate in the Plan, as set forth above, to comply with Code
Section 410(a)(1).
2.3
Time of Participation — Excluded Employees . An
Employee whose initial date of hire is prior to January 1,
2006, and who otherwise would be eligible to be a Salaried
Participant in the Plan, but is excluded because of the application
of any provision of Section 2.2 (other than
Section 2.2.12), shall become a Salaried Participant as of the
first day of the month coincident with or next following the date
upon which the applicable provision of Section 2.2 (other than
Section 2.2.12) ceases to apply. A Salaried Participant who
becomes subject to any provision of Section 2.2 (other than
2.2.12) shall cease to accrue Credited Service as of the last day
of the month ending with or within which, any such provision
becomes applicable.
2.4
Reemployed Individuals . A Salaried Participant who is
reemployed by a Participating Employer as an eligible Employee
under Section 2.1 following a Break-in-Service shall again
become entitled to participate in the Plan and accrue Credited
Service (prior to December 31, 2008 or such later date
required by applicable law) as of the first day of the month
coincident with or next following the date he is reemployed. With
respect to Participants other than Salaried Participants, the
provisions regarding participation following reemployment are set
forth in Appendix E, F, G, or H, as applicable.
ARTICLE
III. AMOUNT
OF RETIREMENT BENEFITS.
3.1
Normal Retirement Benefits . A Salaried Participant who
retires on his Normal Retirement Date shall be entitled to the
greatest of (i) his Accrued Benefit calculated under
Sections 3.1.1, 3.1.2, 3.1.3 and 3.1.4, (ii) the flat
rate benefit calculated under Section 3.1.5, or (iii) the
minimum benefit under Section 3.8. Notwithstanding the
foregoing, a Salaried Participant who formerly participated in the
TRIP Plan and who retires on or after his Normal Retirement Date
shall be entitled to his Accrued Benefit as calculated under
Section 3.1.6. Such benefit shall be payable in accordance
with Article VI. The Normal Retirement Benefit of a
Participant who is not a Salaried Participant shall be determined
pursuant to the Appendix applicable to such Participant.
Notwithstanding the preceding, except as otherwise provided in an
Appendix or required by applicable law, no Participant shall accrue
any additional benefit under the Plan after December 31,
2008.
22
3.1.1
Participation Before July 1, 1982 . The Accrued Benefit
for each year of participation before July 1, 1982 shall equal
the sum of the amounts determined under Sections 3.1.1.1 and
3.1.1.2 below:
3.1.1.1
In the case of a Salaried Participant who was a Salaried
Participant on July 1, 1979 and who made contributions to the
Plan for the month of June 1979, a past service Accrued
Benefit equal to the product of (A) and (B) below,
where:
(A)
is the Salaried Participant’s Credited Service on
July 1, 1979, and
(B)
is the sum of (i) and (ii):
(i)
1% of the Salaried Participant’s Monthly Plan Compensation
for the Plan Year beginning July 1, 1979, and
(ii)
1% of the Salaried Participant’s Monthly Plan Compensation
for the Plan Year beginning July 1, 1979 that is in excess of
$550, if any; provided, however, that if the Salaried
Participant’s Monthly Plan Compensation averaged over the
five years immediately preceding the date of his Severance from
Employment is less than his Monthly Plan Compensation for the Plan
Year beginning July 1, 1979, such average shall be used in
determining this portion of the Participant’s Accrued
Benefit; and
3.1.1.2
A monthly pension for each Plan Year beginning with July 1,
1979 and ending on June 30, 1982, where the monthly pension
for each such year shall be determined as the product of
(A) and (B) below:
(B)
the contributions made by the Salaried Participant for each such
Plan Year.
3.1.2
Participation After June 30, 1982 and Before July 1,
1989 . The Accrued Benefit for each year of participation after
June 30, 1982 and before July 1, 1989 shall equal the
product of (A) and (B) below, where:
(A)
is the Salaried Participant’s Credited Service for each such
Plan Year, and
(i)
1% of the Salaried Participant’s Monthly Plan Compensation
for each such Plan Year, and
(ii)
1% of the Salaried Participant’s Monthly Plan Compensation
for each such Plan Year that is in excess of $550, if
any.
23
3.1.3
Participation After June 30, 1989 and Before
January 1, 1998 . The Accrued Benefit for each year of
participation after June 30, 1989 and before January 1,
1998 (including the short Plan Year from July 1, 1997 through
December 31, 1997) shall equal the amount determined under
Section 3.1.3.1 or the amount determined under
Section 3.1.3.2 below, whichever is applicable, multiplied by
a fraction, the numerator of which is the number of months the
Salaried Participant was an Employee eligible to accrue Credited
Service and the denominator of which is 12:
3.1.3.1
In the case of a Salaried Participant whose Credited Service at the
beginning of any such Plan Year is less than 35 years, an
Accrued Benefit equal to the sum of (A) and
(B) below:
(A)
1.375% of the Salaried Participant’s Monthly Plan
Compensation for the Plan Year up to $880, and
(B)
2.000% of the Salaried Participant’s Monthly Plan
Compensation for the Plan Year in excess of’ $880, if
any.
3.1.3.2
In the case of a Salaried Participant whose Credited Service at the
beginning of any such Plan Year is equal to 35 years or more,
an Accrued Benefit equal to 1.833% of such Salaried
Participant’s Monthly Plan Compensation for the Plan
Year.
3.1.4
Participation After December 31, 1997 . The Accrued
Benefit of a Salaried Participant for each year of participation
beginning after December 31, 1997 shall equal the amount
determined under Section 3.1.4.1 or the amount determined
under Section 3.1.4.2 below, whichever is applicable,
multiplied by a fraction, the numerator of which is the number of
months the Salaried Participant was an Employee eligible to accrue
Credited Service and the denominator of which is 12:
3.1.4.1
In the case of a Salaried Participant whose Credited Service at the
beginning of any such Plan Year is less than 35 years, an
Accrued Benefit equal to the sum of (A) and
(B) below:
(A)
1.375% of the Salaried Participant’s Monthly Plan
Compensation for the prior Plan Year up to one-twelfth of the
Appropriate Integration Level, and
(B)
2.000% of the Salaried Participant’s Monthly Plan
Compensation for the prior Plan Year in excess of one-twelfth of
the Appropriate Integration Level, if any.
3.1.4.2
In the case of a Salaried Participant whose Credited Service at the
beginning of any such Plan Year is equal to 35 years or more,
an Accrued Benefit equal to 1.8333% of such Salaried
Participant’s Monthly Plan Compensation for the prior Plan
Year.
For
purposes of this Section 3.1.4, the Appropriate Integration
Level for a Salaried Participant who is a Pre-1998 Employee shall
be as set forth in Appendix C. The Appropriate Integration
Level for all other Salaried Participants shall be as set forth in
Appendix D.
24
3.1.5
Flat Rate Benefit . In no event shall the Accrued Benefit of
a Salaried Participant who retires at a Normal Retirement Date or a
Late Retirement Date be less than $12.00 multiplied by the Salaried
Participant’s years of Credited Service on such
date.
3.1.6
TRIP Plan Participants .
3.1.6.1
The Accrued Benefit of a Salaried Participant who formerly
participated in the TRIP Plan and who was employed on
December 31, 1997 by Mal Tool & Engineering, Cepco, Inc.
or STS/Klock shall be the greatest of (i) the sum of the
Salaried Participant’s accrued benefit under the TRIP Plan as
of December 31, 1997 and the Salaried Participant’s
Accrued Benefit calculated under Section 3.1.4, (ii) the flat
rate benefit calculated under Section 3.1.5, or (iii) the
TRIP Plan Benefit calculated under Section 3.1.6.3 below. Such
a Salaried Participant’s credited service under the TRIP Plan
shall not count as Credited Service under this Plan for purposes of
Section 3.1.1, Section 3.1.2 or
Section 3.1.3.
3.1.6.2
The Accrued Benefit of a Salaried Participant who formerly
participated in the TRIP Plan who was employed on December 31,
1997 by Weck Closure Systems or Pilling-Weck Surgical Instruments
shall be the greater of (i) the sum of the Salaried
Participant’s accrued benefit under the TRIP Plan as of
December 31, 1997 and the Salaried Participant’s accrued
benefit calculated under Section 3.1.4, or (ii) the flat
rate benefit calculated under Section 3.1.5. Such a Salaried
Participant’s credited service under the TRIP Plan shall not
count as Credited Service under this Plan for purposes of
Section 3.1.1, Section 3.1.2 or Section 3.1.3.
3.1.6.3
A Salaried Participant’s TRIP Plan Benefit shall equal the
sum of the amounts determined under (A) and (B) below,
subject to (C) and (D) below:
(A)
1.05% of the lesser of the Salaried Participant’s Average
Monthly Compensation or one-twelfth of his Covered Compensation
determined on the date of his Severance from Employment, multiplied
by his Credited Service to a maximum of 40 years; and
(B)
1.5% of the excess, if any, of the Salaried Participant’s
Average Monthly Compensation over one-twelfth of his Covered
Compensation determined on his date of his Severance from
Employment, multiplied by his Credited Service to a maximum of 40
years.
(C)
For a Participant with compensation for a plan year prior to
June 30, 1994 in excess of $150,000, in no event shall such
Salaried Participant’s benefit determined according to
(A) and (B) above be less than the sum of: (i) the
Salaried Participant’s accrued benefit on June 30, 1994
frozen in accordance with Treasury Regulations
Section 1.401(a)(4)-13; and (ii) the Salaried
Participant’s accrued benefit determined using the benefit
formula applicable on or after July 1, 1994 with respect to
Credited Service earned on or after July 1, 1994.
25
(D)
In no event shall a Salaried Participant’s benefit determined
according to (A) and (B) above be less than the Salaried
Participant’s accrued benefit as of July 31, 1989
(June 30, 1989 for employees who met the description in Code
Section 414(q)(1)(B) as of June 30, 1989) under
Section 5.1 of the TRIP Plan in effect on July 31,
1989.
3.1.7
Notwithstanding any provision of the Plan to the contrary, the
following individuals shall receive no additional Credited Service
for benefit accrual purposes for any period of employment after
January 31, 2004:
3.1.7.1
Employees of Weck Surgical employed at Research Triangle Park,
North Carolina;
3.1.7.2
Salaried Exempt and Salaried Non-Exempt Employees of TFX Medical
employed at Jaffrey, New Hampshire; and
3.1.7.3
Sales Representatives of Pilling Surgical employed at Horsham,
Pennsylvania (formerly Fort Washington, Pennsylvania) who were
hired after December 23, 1993 and before March 28,
1997.
3.1.8
Notwithstanding any provision of the Plan to the contrary, except
as otherwise provided in an Appendix or required by applicable law,
no individuals shall receive additional Credited Service for
benefit accrual purposes for any period of employment after
December 31, 2008.
3.2
Late Retirement Benefits . A Salaried Participant who
retires after June 30, 1989 on his Late Retirement Date shall
be entitled to his Accrued Benefit calculated to his Late
Retirement Date, as determined under Section 3.1. The Late
Retirement Benefit of a Participant who is not a Salaried
Participant, if any, shall be determined pursuant to the Appendix
applicable to such Participant.
3.3
Early Retirement Benefit .
3.3.1
General Rule . The Early Retirement Benefit payable to a
Salaried Participant who retires on an Early Retirement Date shall
equal his Accrued Benefit, based on the Salaried
Participant’s Credited Service at his Early Retirement Date.
At the Salaried Participant’s option such retirement benefit
shall be payable either beginning on his Normal Retirement Date
without reduction, or beginning as of an Annuity Starting Date
coincident with or subsequent to his Early Retirement Date. In the
event the Salaried Participant elects to have payments begin before
his Normal Retirement Date, the rate of the payments shall be
reduced by 5/9 of 1% for each month by which his Annuity Starting
Date precedes his Normal Retirement Date. The Early Retirement
Benefit of a Participant who is not a Salaried Participant, if any,
shall be determined pursuant to the Appendix applicable to such
Participant.
3.3.2
Weck TRIP Plan Participants . Notwithstanding
Section 3.3.1, a Salaried Participant who was employed by Weck
Closure Systems or Pilling-Weck Surgical Instruments and was a
participant in the TRIP Plan on December 31, 1997 and who
retires after attaining age 55 and being credited with
10 years of Continuous Service, may irrevocably elect to have
his benefit payments begin as of the first day of any month after
his retirement date and before attaining age 60. Such benefit
payment shall be based on the Salaried Participant’s Accrued
Benefit under the TRIP Plan as of December 31, 1997, reduced
by .35% for each month that
26
the
Salaried Participant’s Annuity Starting Date precedes his
Normal Retirement Date. Once a Salaried Participant making such an
election attains age 60, his benefit payments will be based on the
greater of (a) the amount described in the preceding sentence,
and (b) the amount the Salaried Participant would have been
entitled to under Section 3.3.1 had his benefit commenced at
age 60. If a Salaried Participant entitled to elect the
commencement of payments prior to age 60 under this
Section 3.3.2 does not make such an election, but does elect
to have payments begin between age 60 and his Normal Retirement
Date, his benefit payments will be based on the greater of
(a) the Salaried Participant’s Accrued Benefit under the
TRIP Plan as of December 31, 1997, reduced by .35% for each
month that the Salaried Participant’s Annuity Starting Date
precedes his Normal Retirement Date, and (b) the amount the
Salaried Participant is entitled to under
Section 3.3.1.
3.3.3
Mal Tool TRIP Plan Participants . Notwithstanding
Section 3.3.1, a Salaried Participant who was employed by Mal
Tool & Engineering, Cepco, Inc. or STS/Klock and was a
participant in the TRIP Plan on December 31, 1997 and who
retires after attaining age 55 and being credited with 10 Years of
Continuous Service, may irrevocably elect to have his benefit
payments begin as of the first day of any month after his
retirement date and before attaining age 60. Such benefit payments
shall be based on the Salaried Participant’s TRIP Plan
Benefit, as calculated under Section 3.1.6.3, reduced by .35%
for each month that the Salaried Participant’s Annuity
Starting Date precedes his Normal Retirement Date. Once a Salaried
Participant making such an election attains age 60, his benefit
payments will be based on the greater of (a) the amount
described in the preceding sentence, or (b) the amount the
Salaried Participant would have been entitled to under
Section 3.3.1 had his benefit commenced at age 60. If a
Salaried Participant entitled to elect the commencement of payments
prior to age 60 under this Section 3.3.3 does not make such an
election, but does elect to have payments begin between age 60 and
his Normal Retirement Date, his benefit payments will be based on
the greater of (a) the Salaried Participant’s TRIP Plan
Benefit, as calculated under Section 3.1.6.3, reduced by .35%
for each month that the Salaried Participant’s Annuity
Starting Date precedes his Normal Retirement Date, and (b) the
amount the Salaried Participant is entitled to under
Section 3.3.1.
3.4
Disability Retirement Benefit .
3.4.1
The Disability Retirement Benefit payable to a Salaried Participant
who experiences a Severance from Employment due to a Total and
Permanent Disability before his Normal Retirement Date, but after
he has been credited with two or more years of Credited Service, is
a benefit beginning on his Normal Retirement Date equal to the
Accrued Benefit the Salaried Participant would have received had he
remained employed by the Participating Employer during such time as
he is Totally and Permanently Disabled. For purposes of computing a
Salaried Participant’s Accrued Benefit under this
Section 3.4.1, he shall receive credit for Continuous Service
and Credited Service for the period of his Total and Permanent
Disability and it shall be assumed that such Salaried
Participant’s Monthly Plan Compensation during his period of
Total and Permanent Disability is that in effect immediately before
the beginning of the Total and Permanent Disability. Such benefit
shall be payable in accordance with Article VI. In the event
such Salaried Participant (a) ceases to have a Total and
Permanent Disability before his Normal Retirement Date and is not
thereafter reemployed by the Participating Employer, (b) dies
before his Normal Retirement Date, or (c) elects to begin
receiving an Early Retirement Benefit, the Salaried
Participant’s Continuous Service and Credited Service shall
be determined as of the date such Salaried Participant ceases to be
disabled, dies or begins to receive his Early Retirement Benefit,
and his further benefit entitlement, if any, shall be based upon
such Continuous Service and Credited Service. The
27
Disability
Retirement Benefit of a Participant who is not a Salaried
Participant, if any, shall be determined pursuant to the Appendix
applicable to such Participant.
3.4.2
In lieu of the benefit accrual under Section 3.4.1, a Salaried
Participant who experiences a Severance from Employment due to a
Total and Permanent Disability before Normal Retirement Date, but
after he has been credited with 10 or more years of Continuous
Service, may elect to receive a reduced benefit beginning on the
first day of any month following the month in which he reaches age
60, if he is then disabled. For purposes of computing a Salaried
Participant’s Accrued Benefit under this Section 3.4.2,
he shall receive credit for Continuous Service and Credited Service
for the period of his Total and Permanent Disability up to the
month payment of the reduced benefit begins, and it shall be
assumed that such Salaried Participant’s Monthly Plan
Compensation during his period of Total and Permanent Disability is
that in effect immediately before the beginning of the Total and
Permanent Disability. Such benefit shall be payable in accordance
with Article VI. In the event such Salaried Participant ceases
to be disabled before his Annuity Starting Date and is not
thereafter reemployed by the Participating Employer, or dies or
elects to begin receiving an Early Retirement Benefit, the Salaried
Participant’s Continuous Service and Credited Service shall
be determined as of the date such Salaried Participant ceases to be
disabled, dies or begins to receive his Early Retirement Benefit,
and his further benefit entitlement, if any, shall be based upon
such Continuous Service and Credited Service. If a Salaried
Participant receiving benefit payments hereunder ceases to be
disabled before his Normal Retirement Date and is not thereafter
reemployed by the Participating Employer, such Salaried
Participant’s Continuous Service and Credited Service shall
be determined as of the one year anniversary of the date of the
Salaried Participant’s last benefit payment hereunder. In
addition, such Salaried Participant’s benefit payments
hereunder shall be discontinued until he again qualifies for a
benefit and his retirement benefit, if any, shall be adjusted in
accordance with Section 6.8, if he again becomes an eligible
Employee.
3.5
Vested Deferred Retirement Benefit . A Salaried Participant
who experiences a Severance from Employment before his Normal
Retirement Date for any reason other than early retirement, death
or Total and Permanent Disability, and who has not been credited
with 10 years of Continuous Service, shall be entitled to
begin receiving payment of his Accrued Benefit at his Normal
Retirement Date. A Salaried Participant who experiences a Severance
from Employment before his Normal Retirement Date for any reason
other than early retirement, death or Total and Permanent
Disability, and who has been credited with 10 or more years of
Continuous Service, shall be entitled to a benefit equal to the
amount determined under Section 3.5.1 or Section 3.5.2,
as the Salaried Participant shall elect. Vested terminated Salaried
Participants who were participants in the TRIP Plan on
December 31, 1997 shall also be entitled to elect benefit
payments as provided in Section 3.5.3 or 3.5.4, as applicable.
Any benefit under this Section 3.5 shall be paid in accordance
with Article VI. The Vested Deferred Retirement Benefit of a
Participant who is not a Salaried Participant, if any, shall be
determined pursuant to the Appendix applicable to such
Participant.
3.5.1
The Salaried Participant’s Accrued Benefit, beginning on the
first day of any month following the month in which he reaches age
60, reduced as provided in Section 3.3.1, or
3.5.2
A lump sum payment equal to the amount of such Salaried
Participant’s Accumulated Contributions on the date of his
Severance from Employment, plus a net remaining monthly benefit
beginning on the first day of any month following the month in
which he reaches age 60, as the Salaried Participant elects. The
amount of such net remaining
28
monthly
benefit shall be the excess, if any, of the amount determined under
Section 3.5.2.1 below, over the amount determined under
Section 3.5.2.2 below, with such excess multiplied by the
percentage determined under Section 3.5.2.3 below:
3.5.2.1
The Salaried Participant’s Accrued Benefit on the date of his
Severance from Employment.
3.5.2.2
The pension value of the Salaried Participant’s Accumulated
Contributions, which shall be the continued product of (i),
(ii) and (iii) below:
(i)
The Salaried Participant’s Accumulated Contributions as of
the last day of the Plan Year in which his Severance from
Employment occurs, accrued to the Salaried Participant’s
Normal Retirement Date at 5% interest, per year, compounded
annually.
(ii)
The interest rate prescribed in Section 1.3.
3.5.2.3
100% minus 5/9 of 1% for each month by which the start of the net
remaining monthly benefit precedes the Salaried Participant’s
Normal Retirement Date.
3.5.3
Weck TRIP Plan Participants . A vested terminated or retired
Salaried Participant who was employed by Weck Closure Systems or
Pilling-Weck Surgical Instruments and was a participant in the TRIP
Plan on December 31, 1997, may irrevocably elect to have his
benefit payments begin as of the first day of any month after he
has attained age 55 and before his Normal Retirement Date. Such
benefit payment shall be based on the Salaried Participant’s
Accrued Benefit under the TRIP Plan as of December 31, 1997,
reduced for commencement prior to his Normal Retirement Date in
accordance with the actuarial factors used under the TRIP Plan at
December 31, 1997, as described in Appendix B. If such a
Salaried Participant has been credited with 10 years of
Continuous Service and elects to have payments commence before he
attains age 60, upon his attainment of age 60 his benefit payments
will be based on the greater of (a) the amount described in
the preceding sentence, and (b) the amount the Salaried
Participant would have been entitled to under Section 3.5.1 or
Section 3.5.2 had his benefit commenced at age 60. If such a
Salaried Participant has been credited with 10 years of
Continuous Service and elects to have payments commence on or after
he attains age 60 and before his Normal Retirement Date, his
benefit payments will be based on the greater of (a) the
Salaried Participant’s Accrued Benefit under the TRIP Plan as
of December 31, 1997, reduced for commencement prior to his
Normal Retirement Date in accordance with the actuarial factors
used under the TRIP Plan at December 31, 1997, as described in
Appendix B, and (b) the amount the Salaried Participant is
entitled to under Section 3.5.1 or
Section 3.5.2.
3.5.4
Mal Tool TRIP Plan Participants . A vested terminated or
retired Salaried Participant who was employed by Mal Tool &
Engineering, Cepco, Inc. or STS/Klock and was a participant in the
TRIP Plan on December 31, 1997, may irrevocably elect to have
his benefit payments begin as of the first day of any month after
he has attained age 55 and before his Normal Retirement Date. Such
benefit payment shall be based on the Salaried Participant’s
TRIP Plan Benefit, as calculated under Section 3.1.6.3,
reduced for commencement prior to his Normal Retirement Date in
accordance with the actuarial factors used under the TRIP Plan
at
29
December 31,
1997, as described in Appendix B. If such a Salaried
Participant has been credited with 10 years of Continuous
Service and elects to have payments commence before he attains age
60, upon his attainment of age 60 his benefit payments will be
based on the greater of (a) the amount described in the
preceding sentence, and (b) the amount the Salaried
Participant would have been entitled to under Section 3.5.1 or
Section 3.5.2 had his benefit commenced at age 60. If such a
Salaried Participant has been credited with 10 years of
Continuous Service and elects to have payments commence on or after
he attains age 60 and before his Normal Retirement Date, his
benefit payments will be based on the greater of (a) the
Salaried Participant’s TRIP Plan Benefit, as calculated under
Section 3.1.6.3, reduced for commencement prior to his Normal
Retirement Date in accordance with the actuarial factors used under
the TRIP Plan at December 31, 1997, as described in
Appendix B, and (b) the amount the Salaried Participant
is entitled to under Section 3.5.1 or
Section 3.5.2.
3.6
Return of Accumulated Contributions . An individual who was
a Salaried Participant in the Plan on June 30, 1982 and who
experiences a Severance from Employment before his Normal
Retirement Date for any reason other than death or Total and
Permanent Disability before he has been credited with five years of
Continuous Service shall be entitled to receive only the amount of
his Accumulated Contributions in a lump sum within six months
following such Severance from Employment.
3.7
Restoration of Accrued Pension Benefit . If in connection
with his Severance from Employment, a Salaried Participant receives
a lump sum distribution of his Accumulated Contributions in
accordance with Section 3.6, and such Salaried Participant
later
|