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THE HARTFORD INVESTMENT AND SAVINGS PLAN

Employee Benefits Plan Agreement

THE HARTFORD INVESTMENT AND SAVINGS PLAN | Document Parties: Access Coverage Corporation | Hartford Fire Insurance Company | ITT Corporation You are currently viewing:
This Employee Benefits Plan Agreement involves

Access Coverage Corporation | Hartford Fire Insurance Company | ITT Corporation

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Title: THE HARTFORD INVESTMENT AND SAVINGS PLAN
Date: 2/12/2009
Industry: Insurance (Prop. and Casualty)     Sector: Financial

THE HARTFORD INVESTMENT AND SAVINGS PLAN, Parties: access coverage corporation , hartford fire insurance company , itt corporation
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Exhibit 10.17

THE HARTFORD
INVESTMENT AND SAVINGS PLAN
(As Amended and Restated as of January 1, 2009)

ARTICLE ONE
INTRODUCTION AND PURPOSE

1.1 Introduction . The Hartford Investment and Savings Plan (the “Plan”) was established effective December 19, 1995 to cover Eligible Employees of The Hartford and Hartford Fire. The Hartford was spun-off from ITT Corporation effective December 19, 1995. The Plan was amended and restated effective January 1, 1997. Effective as of the IPO Date, Hartford Life became a publicly held company, was designated as a Participating Corporation for purposes of the Plan and securities of Hartford Life were made available for investment under the Plan. Effective as of the Merger Date, Hartford Life ceased to be a publicly held company due to its merger with a subsidiary of The Hartford, and its securities ceased to be available for investment under the Plan. Effective April 1, 2002, the Omni Insurance Group 401(k) Retirement Plan was merged into the Plan. Effective July 1, 2003, the Access Coverage Corporation 401(k) Plan was merged into the Plan. Effective January 1, 2009, the Planco Profit Sharing Plan is merged into the Plan. The Planco Profit Sharing Plan’s profit sharing contribution allocation for 2008, if any, will be allocated under this Plan in 2009 to the Members eligible to receive the contributions in accordance with the provisions of the Planco Profit Sharing Plan.

This Plan shall maintain account balances transferred from the ITT Investment and Savings Plan for Salaried Employees (the “Pre-Distribution ITT Plan”) which had been maintained by Pre-Distribution ITT through December 18, 1995 for members who became Eligible Employees of Hartford Fire on the Distribution Date and for certain deferred members whose last services for Pre-Distribution ITT were performed for an insurance business of Pre-Distribution ITT. Certain of these members, prior to May 9, 1989, were members in the Investment and Savings Plan for Salaried Employees of Hartford Fire Insurance Company (the “Hartford Plan”). The Hartford Plan was merged into the Pre-Distribution ITT Plan effective on May 9, 1989.

Effective November 29, 2001, a portion of this Plan was converted into an employee stock ownership plan (“ESOP”) within the meaning of Code Section 4975(e)(7). The ESOP is designed to invest primarily in The Hartford Stock within the meaning of such provision, and more specifically shall be invested entirely in The Hartford Stock except to the extent of such cash equivalent reserves as may be required for liquidity purposes as more fully set forth herein.

Participation in the Plan is available, as set forth herein, to Eligible Employees of The Hartford and Hartford Fire, Hartford Life, and of such other companies affiliated therewith as may become participating companies under the Plan. A quarterly statement is sent to each member of the Plan reflecting the status of his or her Accounts under the Plan as of the end of each calendar quarter.

 

 


 

The Plan is a defined contribution plan under ERISA, and as such is subject to the provisions of Titles I, II and III, but not Title IV, thereof. Titles I, II and III include requirements for covered plans governing reporting, disclosure, participation, vesting, fiduciary responsibility and enforcement. Title IV provides for plan termination insurance by the Federal government’s Pension Benefit Guaranty Corporation. This insurance does not apply to defined contribution plans such as the Plan. !

State Street Bank, Westwood, Massachusetts, is the Trustee with respect to the Plan.

1.2 Purpose . The purpose of the Plan is to (A) supplement retirement income by encouraging Eligible Employees to save on a regular and long-term basis; (B) provide Eligible Employees with an opportunity to own beneficially The Hartford Stock to the maximum extent permitted under ERISA and without regard to any requirement of diversification applicable to other investments of the Plan, it being intended that the presumption established under applicable law that investment in The Hartford Stock is prudent be given full effect to the maximum extent consistent with applicable law (under which it is recognized that dire circumstances such as an imminent collapse of The Hartford could require curtailment or termination of such investment); (C) provide additional financial resources for emergencies and financial hardships; and (D) offer Eligible Employees additional incentives to continue their careers with The Hartford.

1.3 Prospectus . The Plan (as amended) is included as part of the Prospectus.

1.4 Tax Qualification . For purposes of qualification under Section 401(a) of the Internal Revenue Code, the Plan includes a savings plan portion and a stock bonus portion. Prior to November 29, 2001, the stock bonus portion consisted of assets related to the leveraged employee stock ownership plan in effect from 1989 through the Distribution Date under the Pre-Distribution ITT Plan, and Floor Company Contributions made by The Hartford. Effective November 29, 2001, the stock bonus portion of the Plan (referred to in this Plan as the “ESOP”) consists of the assets invested in The Hartford Stock in The Hartford Stock Fund.

1.5 Eligible Employees Serving in the U.S. Armed Services . If an Eligible Employee serves in the Armed Services of the United States, notwithstanding any provision of the Plan to the contrary, Plan contributions, benefits and Service credit with respect to qualified military service will be provided in accordance with Code Section 414(u).

 

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ARTICLE TWO
DEFINITIONS

“Accounts” means, with respect to any Member or Deferred Member, his or her Basic Investment Account, Supplemental Investment Account, Catch-Up Contributions Account, Company Contribution Account, Rollover Account, Planco Profit Sharing Contributions Account and ESOP Account.

“Actual Contribution Percentage” means, effective January 1, 2006, the average of the ratios, calculated separately for each applicable Employee, of (A) the sum of the After-Tax Savings, Matching Company Contributions, and Planco Profit Sharing Contributions (if applicable) made for the current Plan Year to (B) the Employee’s Compensation for that Plan Year. Effective November 29, 2001 through December 31, 2005, “Actual Contribution Percentage” means the average of the ratios, calculated separately for each applicable Employee, of (A) the sum of the After-Tax Savings other than ESOP Contributions and the Matching Company Contributions other than ESOP Contributions, made for a Plan Year to (B) the Employee’s Compensation for the Plan Year or portion of the Plan Year that the Plan includes the ESOP. Each such Actual Contribution Percentage shall be computed to the nearest one-hundredth of one percent of the Employee’s Compensation. Notwithstanding the above, the Plan Administrator may elect, on and after January 1, 2006, to permissively disaggregate the ESOP and non-ESOP portions of the Plan for purposes of determining Actual Contribution Percentages.

“Actual Deferral Percentage” means, the average of the ratios, calculated separately for each applicable Employee, of (A) the amount of Before-Tax and Roth 401(k) Savings made on the Employee’s behalf for the current Plan Year to (B) the Employee’s Compensation for that Plan Year. Before-Tax Catch-Up Savings and Roth 401(k) Catch-Up Savings shall be included in determining the Actual Deferral Percentage to the extent that the Before-Tax and Roth 401(k) Savings are less than the limitation under Code Section 402(g). Each such Actual Deferral Percentage shall be computed to the nearest one-hundredth of one percent of the Employee’s Compensation. Notwithstanding the above, the Plan Administrator may elect, on and after January 1, 2006, to permissively disaggregate the ESOP and non-ESOP portions of the Plan for purposes of determining Actual Deferral Percentages.

“After-Tax Savings” means savings made by a Member under Section 4.3, and includes both Basic After-Tax Savings and Supplemental After-Tax Savings.

“Basic After-Tax Investment Account” means that portion of the Trust Fund which, with respect to any Member or Deferred Member, is attributable to Basic After-Tax Savings and any investment earnings and gains or losses thereon.

“Basic After-Tax Savings” means the contributions made by a Member which are credited to his or her Basic After-Tax Investment Account in accordance with Section 4.3(B)(i).

“Basic Before-Tax Investment Account” means that portion of the Trust Fund which, with respect to any Member or Deferred Member, is attributable to Basic Before-Tax Savings and any investment earnings and gains or losses thereon.

 

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“Basic Before-Tax Savings” means the contributions made on a Member’s behalf which are credited to his or her Basic Before-Tax Investment Account in accordance with Section 4.1(B)(i).

“Basic Investment Account” means that portion of the Trust Fund which, with respect to any Member or Deferred Member, includes his or her Basic Before-Tax Investment Account, Basic Roth 401(k) Investment Account and Basic After-Tax Investment Account.

“Basic Roth 401(k) Investment Account” means that portion of the Trust Fund which, with respect to any Member or Deferred Member, is attributable to Basic Roth 401(k) Savings and any investment earnings and gains or losses thereon.

“Basic Roth 401(k) Savings” means the contributions made on a Member’s behalf which are credited to his or her Basic Roth 401(k) Investment Account in accordance with Section 4.2(B)(i).

“Basic Savings” means the Basic After-Tax Savings contributed by a Member and the Basic Before-Tax Savings and Basic Roth 401(k) Savings contributed on a Member’s behalf.

“Before-Tax Catch-Up Contributions Account” means that portion of the Trust Fund which, with respect to any Member or Deferred Member, is attributable to Before-Tax Catch-Up Savings made on and after January 1, 2006, and any investment earnings and gains or losses thereon.

“Before-Tax Catch-Up Savings” means contributions made on a Member’s behalf which are credited to his or her Supplemental Before-Tax Investment Account for periods prior to January 1, 2006, and which are credited to his or her Before-Tax Catch-Up Contributions Account for periods on and after January 1, 2006, in accordance with Section 4.1(C).

“Before-Tax Savings” means savings made by a Member under Section 4.1 (other than Before-Tax Catch-Up Savings made on and after January 1, 2006), and includes both Basic Before-Tax Savings and Supplemental Before-Tax Savings (including Before-Tax Catch-Up Savings made prior to January 1, 2006).

“Beneficiary” means such beneficiary or beneficiaries as may be designated from time to time by the Member or Deferred Member, on a form provided by the Plan Administrator for such purpose, to receive, in the event of the Member’s or Deferred Member’s death, the value of his or her Accounts at the time of death. Except as hereinafter provided, in the case of a Member or Deferred Member who is married, the Beneficiary shall be the Member’s or Deferred Member’s spouse, unless such spouse consents, in writing, on a form witnessed by a notary public to the designation of another person as Beneficiary. A Deferred Member who is an alternate payee designated as such pursuant to a qualified domestic relations order may not, however, name a spouse as a Beneficiary. In the case of a Member or Deferred Member who incurs a divorce under applicable State law prior to commencing benefits under the Plan, such Member’s or Deferred Member’s designation of Beneficiary shall remain valid unless otherwise provided in a qualified domestic relations order (as described in Article Twelve of the Plan) or unless such Member or Deferred Member changes his or her Beneficiary or is subsequently remarried. In the absence of a beneficiary designation, the default Beneficiary will be the Member’s Spouse or, if none, the Member’s estate.

 

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“Board of Directors” means the Board of Directors of Hartford Fire Insurance Company or of any successor, by merger, purchase or otherwise.

“Break in Service” shall mean the 12 consecutive month period commencing on the Severance from Service date during which an Employee does not have any Hours Worked. Severance from Service shall mean the earlier of (a) the date on which an Eligible Employee quits, retires, is discharged or dies; or (b) the first anniversary of the first date of a period in which he or she remains absent from Service (with or without pay) for any reason other than quit, retirement, discharge or death, such as vacation, holiday, sickness, disability, leave of absence or layoff. If Service is interrupted for maternity or paternity reasons addressed in the definition of Service, then the date of Severance from Service shall be the earlier of (a) the date he or she quits, is discharged, retires or dies, or (b) the second anniversary of the date on which he or she is first absent from Service, as provided in such Service definition.

“Code” means the Internal Revenue Code of 1986, as amended from time to time. References to any section of the Code shall include any successor provision thereto.

“Company” means The Hartford and Hartford Fire, as constituted on the Distribution Date, or any successor, by merger, purchase or otherwise with respect to their Eligible Employees, any Participating Division with respect to its Eligible Employees and any Participating Corporation with respect to its Eligible Employees.

“Company Contributions” means Matching Company Contributions and Floor Company Contributions made under Article Five, Matching Company Contributions made before 1990 under the Pre-Distribution ITT Plan, and Planco Profit Sharing Contributions. Prior to January 1, 2006, no Company Contributions shall be made with respect to Employees of Planco Financial Services, Inc.

“Company Contribution Account” means that portion of the Trust Fund which, with respect to any Member or Deferred Member, is attributable to (A) Matching Company Contributions made under Article Five, (B) Floor Company Contributions made under Article Five, (C) Matching Company Contributions made for periods before 1990 under the Pre-Distribution ITT Plan, (D) any contributions and investment earnings thereon made on his or her behalf and transferred to the Trust Fund pursuant to a Prior Plan Transfer, (E) Planco Profit Sharing Plan Contributions, and (F) any investment earnings and gains or losses on any of the aforementioned amounts.

“Compensation” means total wages and other compensation paid to or for the Member as reported on the Member’s Form W-2, Wage and Tax Statement, plus elective contributions under Code Sections 401(k), 414(v), 132(f)(4) and 125, provided that for purposes of Section 6.3, Compensation means Compensation as defined in Code Section 415(c)(3), including elective contributions under Code Sections 401(k), 414(v), 132(f)(4) and 125.

In addition to other applicable limitations set forth in the Plan, and notwithstanding any other provision of the Plan to the contrary, the annual compensation of each Member taken into account under the Plan shall not exceed the OBRA ‘93 annual compensation limit, such compensation to be measured for each individual from the beginning of each calendar year, regardless of whether such individual has become a Member pursuant to Article Three or elects to contribute Savings under Article Four. The OBRA ‘93 annual compensation limit is $200,000 beginning January 1, 2003, as adjusted by the Secretary of the Treasury to reflect cost-of-living adjustments in accordance with Code Section 401(a)(17)(B). The cost-of-living adjustment in effect for a calendar year applies to any period, not exceeding 12 months, over which compensation is determined beginning in such calendar year.

 

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Any reference in this Plan to the limitation under Code Section 401(a)(17) means the OBRA ‘93 annual compensation limit set forth in this provision.

“Deferred Member” means (A) a Member who has terminated employment with the Company and whose Vested Share will be deferred in accordance with Article Eleven, (B) the spouse Beneficiary or Non-Spouse Beneficiary of a deceased Member or Deferred Member, or (C) an alternate payee designated as such pursuant to a domestic relations order as qualified by the Plan.

“Disability” means, with respect to a Member, the total disability of such Member that results in the Member qualifying for benefits under the Hartford Fire Insurance Company Long Term Disability Plan for salaried Employees or a similar disability plan sponsored by the Company. If a Member qualifies for benefits under such plan, then he or she shall be deemed to be totally disabled as determined by the insurance company that administers such plan. If a Member does not qualify for benefits under such plans, then he or she shall be deemed to be totally disabled if his or her disability meets the definition of total disability set forth in such a plan, as determined by the applicable Plan Committee. For purposes of this Plan, the effective date of disability shall be the later of the date of disability as defined in the applicable disability plan or the date on which the applicable insurance company issues its determination of total disability. If a Member is deemed to be totally disabled as provided herein, he or she shall also be deemed to have incurred a Termination of Employment with the Company and its affiliated corporations as of such date.

“Distribution Date” means December 19, 1995.

“Effective Date” means the Distribution Date with respect to those Participating Corporations and Participating Divisions that began their participation in the Plan on such date; “Effective Date” with respect to any other Participating Corporation or Participating Division shall mean the date as of which such Participating Corporation or Participating Division begins its participation in the Plan. The Pre-Distribution ITT Plan was originally effective as of April 1, 1974. Hartford Life was designated as a Participating Corporation effective as of the IPO Date.

“Eligible Employee” means an Employee employed by the Company; provided, however, that except as the Board of Directors or the Pension Administration Committee, pursuant to authority delegated by the Board of Directors, may otherwise provide on a basis uniformly applicable to all persons similarly situated, “Eligible Employee” shall not include any “Ineligible Person,” which means all of the following:

(A) a person who is covered for current service under a retirement plan of the Company or any of its affiliated Companies other than the Hartford Fire Insurance Company Retirement Plan for U.S. Employees, or any other Plan specified by the Board of Directors from time to time, or

 

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(B) a person whose terms and conditions of employment are determined by a collective bargaining agreement with the Company which does not make this Plan applicable to him or her, or

(C) a person who is eligible for participation in any of the following plans being maintained by certain Canadian affiliates of the Company: the Hartford Fire Insurance Company Retirement Savings Plan, the Hartford Fire Insurance Company Deferred Profit Sharing Plan, and the Hartford Fire Insurance Company Employee Profit Sharing Plan or any successor to the foregoing plans, or

(D)  prior to January 1, 2006, a person who is an employee of Planco Financial Services, Inc., other than a regular hourly or salaried full-time or part-time commissioned wholesaler or a regular hourly or salaried full-time or part-time administrative assistant to such a wholesaler, or

(E) a person who is a leased employee (within the meaning of Code Section 414(n)(2)) of the Company or is otherwise employed through a temporary help firm, technical help firm, staffing firm, employee leasing firm, or professional employer organization, regardless of whether such person is an Employee of the Company, or

(F) A person who performs services for the Company as an independent contractor or under any other non-employee classification, or who is classified by the Company as, or determined by the Company to be, an independent contractor, regardless of whether such person is characterized or ultimately determined by the Internal Revenue Service or any other Federal, State or local government authority or regulatory body to be an employee of the Company or its affiliates for income or wage tax purposes or for any other purpose.

Notwithstanding any provision in the Plan to the contrary, if any person is an Ineligible Person, or otherwise does not qualify as an Eligible Employee, or otherwise is ineligible to participate in the Plan, and such individual is later required by a court or governmental authority or regulatory body to be classified as a person who is eligible to participate in the Plan, such person shall not be eligible to participate in the Plan, notwithstanding such classification, unless and until designated as an Eligible Employee by the Plan Administrator, and if so designated, the participation of such person in the Plan shall be prospective only.

Further, in addition to the foregoing, to the extent that any particular individual is excluded from participation in the Plan for one of the reasons set forth above or any other reason, and such individual is later required by a court or governmental authority or regulatory body to be allowed to participate in the plan for past or future periods because such exclusion is found to be improper, such person shall, to the extent such person would have met the applicable Internal Revenue Code definition of “highly compensated employee,” “highly compensated individual,” or “part-time employee” for any part of such periods, be deemed to have been excluded from the Plan for such periods (including past, present and future periods), and shall continue to be excluded from the Plan for such periods (including past, present and future periods), for the independent reason that such person qualified and/or qualifies as a “highly compensated employee,” a “highly compensated individual,” or a “part-time employee,” as applicable, who properly may be excluded from participation in the Plan.

 

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“Employee” shall mean any person regularly employed by the Company but shall not include any person who performs services for the Company as an independent contractor or under any other non-employee classification, or who is classified by the Company as, or determined by the Company to be, an independent contractor.

“Enrollment Date” means the first day of any payroll period that begins on or after the date an Eligible Employee satisfies the membership requirements set forth in Article Three.

“ERISA” means the Employee Retirement Income Security Act of 1974, as amended from time to time.

“ESOP” means the portion of the Plan that consists of assets invested in The Hartford Stock in The Hartford Stock Fund at any time on and after November 29, 2001.

“ESOP Account” means that portion of the Trust Fund which, with respect to any Member or Deferred Member, is attributable to allocations made under the employee stock ownership plan portion of the Pre-Distribution ITT Plan.

“ESOP Actual Contribution Percentage” means, for Plan Years prior to 2006, the average of the ratios, calculated separately for each applicable Employee, of (A) the sum of the After-Tax Savings that are ESOP Contributions and the Matching Company Contributions that are ESOP Contributions, made for a Plan Year to (B) the Employee’s Compensation for the Plan Year or portion of the Plan Year that the Plan includes the ESOP. Each such ESOP Actual Contribution Percentage shall be computed to the nearest one-hundredth of one percent of the Employee’s Compensation. Effective December 31, 2001, this test is performed using the current year testing method.

“ESOP Actual Deferral Percentage” means, for Plan Years prior to 2006, the average of the ratios, calculated separately for each applicable Employee, of (A) the amounts of Before-Tax Savings that are ESOP Contributions made on the Employee’s behalf for a Plan Year to (B) the Employee’s Compensation for the Plan Year or portion of the Plan Year that the Plan includes the ESOP. Each such ESOP Actual Deferral Percentage shall be computed to the nearest one-hundredth of one percent of the Employee’s Compensation. Effective December 31, 2001, this test is performed using the current year testing method.

“ESOP Contribution” means a contribution or contributions to the Plan made on or after November 29, 2001, with respect to the Member’s Before-Tax Savings, After-Tax Savings, Roth 401(k) Savings or Catch-Up Savings, or Company Contributions made as Matching Company Contributions or Floor Company Contributions, that are made in The Hartford Stock or made in cash and immediately invested in The Hartford Stock in The Hartford Stock Fund.

“Floor Company Contribution” means a contribution made on or after the Distribution Date pursuant to Section 5.2. Prior to January 1, 2006, no Floor Company Contributions shall be made with respect to Employees of Planco Financial Services, Inc.

“Hardship Committee” means the Hardship Committee established hereunder for the purposes set forth in Article Sixteen.

 

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“Hartford Fire” means Hartford Fire Insurance Company or a successor by merger, purchase or otherwise with respect to its Employees. Hartford Fire is the sponsor of the Plan.

“Hartford Fire Plan” means the Investment and Savings Plan of Hartford Fire Insurance Company as in effect on May 8, 1989.

“Hartford Life” means Hartford Life, Inc. (a Delaware corporation), as constituted on the IPO Date, and Hartford Life and Accident Insurance Company, or a successor of either of the foregoing by merger, purchase or otherwise with respect to their Employees, both of which are affiliated with The Hartford, and with Hartford Fire, the sponsor of this Plan.

“Highly Compensated Member” shall mean, with respect to any Plan Year, any Member who (A) in the Plan Year or the immediately preceding Plan Year was a five percent owner, or (B) in the immediately preceding Plan Year earned annual Compensation from the Company or an affiliated company which exceeds a dollar amount that is indexed annually and is determined pursuant to Code Section 414(q)(1)(B), which amount shall be adjusted at the same time and in the same manner as the dollar limit on benefits under a defined benefit plan is adjusted pursuant to Code Section 415(d).

“Hours Worked” means hours for which an Employee is compensated whether or not he or she has worked, such as paid holidays, paid vacation, paid sick leave and paid time off, and back pay for the period for which it was awarded, and each such hour shall be computed as only one hour, even though he or she is compensated at more than the straight time rate. With respect to any period for which an Employee is compensated but has not worked, hours counted shall be included on the basis of the Employee’s normal work-day or work-week. This definition of Hours Worked shall be applied in compliance with 29 Code of Federal Regulations Section 2530.200b-2(b) and (c), as promulgated by the United States Department of Labor, in a consistent and nondiscriminatory manner.

“Investment and Savings Plan Investment Committee” means the Committee established hereunder for the purposes of managing the investment of Plan assets as set forth in Article Fifteen.

“Investment Funds” means (A) The Hartford Stock Fund, (B) such other investment funds as may from time to time be expressly referred to in the Plan (such as the Stable Value fund and other fixed income funds named in Section 8.3(C) and the Vanguard Target Retirement Funds named in Section 8.3(H)) so long as such other investment funds continue to be approved by the Investment and Savings Plan Investment Committee, and (C) such other funds as are approved by the Investment and Savings Plan Investment Committee from time to time, in which contributions permitted by the Plan and/or existing Plan assets may be invested.

“IPO” means the initial public offerings of Hartford Life Stock.

“IPO Date” means May 22, 1997, the date of consummation of the IPO.

“IRS” means the Federal Internal Revenue Service.

“Limitation Year” means the calendar year.

 

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“Loan Valuation Date” means the business day on which a Member’s properly completed application for a loan under the Plan is made in the form or manner required by the Plan Administrator.

“Matching Company Contribution” means a contribution made pursuant to Section 5.1. Prior to January 1, 2006, no Matching Company Contributions shall be made with respect to Employees of Planco Financial Services, Inc.

“Member” shall mean any person who has become a Member as provided in Article Three.

“Merger Date” means June 27, 2000, the date of consummation of the merger between Hartford Life and a wholly owned subsidiary of The Hartford, pursuant to which Hartford Life became a wholly owned subsidiary of The Hartford.

“Non-Spouse Beneficiary” means a Beneficiary who is not the spouse of the Member or Deferred Member.

“Participating Corporation” means any affiliate of Hartford Fire which, by action of the Board of Directors (or by an officer of Hartford Fire under authority delegated by the Board of Directors) has been designated as a Participating Corporation in the Plan as to all of its Employees, or as to the Employees of one or more of its operating or other units, and whose Board of Directors has adopted this Plan.

“Participating Division” means any division or unit of Hartford Fire or an affiliate of Hartford Fire which, by action of the Board of Directors (or by an officer of Hartford Fire under authority delegated by the Board of Directors) has been designated as a Participating Division or Unit in this Plan as to all of its Employees, or as to the employees of one or more of its operating subdivisions or other sub-units, and in the case of a division or unit of an affiliate of Hartford Fire, the Board of Directors of such affiliate has adopted this Plan on behalf of such division or unit.

“Pension Administration Committee” means the Committee established hereunder for the purposes of administering the Plan as provided in Article Fourteen.

“Plan” means The Hartford Investment and Savings Plan, as set forth herein or as amended from time to time.

“Plan Administrator” means the administrator for the Plan as provided in Article Fourteen at its offices at Hartford Plaza, Hartford, CT 06115.

“Plan Year” means the calendar year.

“Planco Profit Sharing Contributions” means the contributions and their investment earnings that are attributable to profit sharing contributions merged into this Plan from the Planco Profit Sharing Plan or that plan’s 2008 profit sharing contribution as may be allocated under this Plan.

 

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“Pre-Distribution ITT” means ITT Corporation (a Delaware corporation), as constituted on the day before the Distribution Date.

“Pre-Distribution ITT Plan” means the ITT Investment and Savings Plan For Salaried Employees, as in effect on the day before the Distribution Date.

“Principal Employment Date” means the first day of the first payroll period following the date a person becomes principally employed by the Company.

“Prior Plan Transfer” means that portion of a Company Contribution Account or Supplemental Investment Account that is attributable to amounts transferred from the trust of a qualified profit sharing or other defined contribution plan previously in effect at a Participating Corporation or Participating Division to the extent permitted by Article Four.

“QDRO” means an order determined to be a qualified domestic relations order under Article Twelve.

“Retirement” means:

(A) Certain Members Hired Before 2001 . Solely with respect to a Member with an original hire date with the Company before January 1, 2001 who: (i) is covered in whole or in part under the final average pay formula of the Retirement Plan, or (ii) is not eligible for coverage under the Retirement Plan, “Retirement” shall mean satisfaction of the requirements for early or normal retirement under the final average pay formula of the Retirement Plan (assuming such Member were covered under the final average pay formula of the Retirement Plan), provided such event results in such Member’s separation from the employment of the Company; or

(B) Certain Members Hired During 2001 . Solely with respect to a Member with an original hire date with the Company on or after January 1, 2001 but before January 1, 2002 who: (i) is covered under the cash balance formula of the Retirement Plan, or (ii) is not eligible for coverage under the Retirement Plan, “Retirement” shall mean satisfaction of the requirements for early or normal retirement under the final average pay formula of the Retirement Plan (assuming such Member were covered under the final average pay formula of the Retirement Plan), provided such event results in such Member’s separation from the employment of the Company; or

(C) Certain Members Hired During 2002 or Later . Solely with respect to a Member with an original hire date with the Company on or after January 1, 2002 who: (i) is covered under the cash balance formula of the Retirement Plan, or (ii) is not eligible for coverage under the Retirement Plan, “Retirement” shall mean, solely for purposes of this Plan, separation from the employment of the Company on or after reaching age 65.

 

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“Retirement Plan” means The Hartford Retirement Plan for U.S. Employees, as it may be amended from time to time.

“Rollover Account” means the portion of the Trust Fund which, with respect to a Member or Deferred Member, is attributable to Rollover Contributions and any investment earnings and gains or losses thereon.

“Rollovers” means the rollover contributions permitted by Article Four.

“Roth 401(k) Savings” means savings made by a Member under Section 4.2, and includes both Basic Roth 401(k) Savings and Supplemental Roth 401(k) Savings.

“Roth 401(k) Catch-Up Contributions Account” means that portion of the Trust Fund which, with respect to any Member or Deferred Member, is attributable to Roth 401(k) Catch-Up Savings, and any investment earnings and gains or losses thereon.

“Roth 401(k) Catch-Up Savings” means contributions made on a Member’s behalf which are credited to his or her Roth 401(k) Catch-Up Contributions Account in accordance with Section 4.2(C).

“Salary” means an Eligible Employee’s compensation from the Company at his or her base rate, including any payments made on account of such Eligible Employee’s short-term disability under The Hartford Income Protection Plan, excluding any compensation deferred under a deferred compensation plan, and determined before any election by the Member pursuant to Section 4.1(A) or (C) or 4.2(A) or (C) hereof and before any election by the Member under Code Sections 125 and 132(f)(4), excluding any overtime, bonus, foreign service allowance or any other form of compensation, except to the extent otherwise deemed “Salary” for purposes of the Plan under such nondiscriminatory rules as may be adopted by the Pension Administration Committee with respect to all Members or any particular Participating Company or Participating Division. Salary shall not include severance pay or accrued vacation pay that is paid upon termination of employment. Sales incentive payments and lump sum merit increases shall be included in Salary for purposes of the Plan to the extent they are designated as being so included by the Plan Administrator. Effective from January 1, 2005, Salary shall include rehabilitation pay from the Company paid to a recipient of long term disability benefits.

In addition to other applicable limitations set forth in the Plan, and notwithstanding any other provision of the Plan to the contrary, the annual salary of each Member taken into account under the Plan shall not exceed the OBRA ‘93 annual compensation limit, such compensation to be measured for each individual from the beginning of each calendar year, regardless of whether such individual has become a Member pursuant to Article Three or elects to contribute Savings under Article Four. The OBRA ‘93 annual compensation limit is $200,000 beginning January 1, 2003, as adjusted by the Secretary of the Treasury to reflect cost-of-living adjustments in accordance with Code Section 401(a)(17)(B) ($245,000 effective as of January 1, 2009). The cost-of-living adjustment in effect for a calendar year applies to any period, not exceeding 12 months, over which salary is determined beginning in such calendar year. Any reference in this Plan to the limitation under Code Section 401(a)(17) shall mean the OBRA ‘93 annual compensation limit set forth in this provision.

“Savings” means Before-Tax Savings, Roth 401(k) Savings, After-Tax Savings and Before-Tax Catch-Up and Roth 401(k) Catch-Up Savings permitted under Article Four.

 

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“Service” means the period of elapsed time beginning on the date a person becomes an Eligible Employee of the Company or any subsidiary, affiliate or predecessor of the Company, and ending on his or her most recent severance date, which shall be the earlier of (A) the date he or she quits, is discharged, retires or dies or (B) the first anniversary of the date on which he or she is first absent from service, with or without pay, for any reason such as vacation, sickness, disability, layoff or leave of absence. If Service is interrupted for maternity or paternity reasons, meaning an interruption of Service by reason of (i) the pregnancy of the Eligible Employee, (ii) the birth of a child of the Eligible Employee or (iii) the placement of a child with the Eligible Employee by reason of adoption, or for purposes of caring for a newborn child of the Eligible Employee immediately following the birth or adoption of the newborn, then the date of severance from Service shall be the earlier of (a) the date he or she quits, is discharged, retires or dies, or (b) the second anniversary of the date on which he or she is first absent from service. If an Eligible Employee terminates and is later reemployed within 12 months of (I) his or her date of termination or (II), with respect to an individual who does not complete an Hour Worked as an Eligible Employee on or after January 1, 2006, the first day of an absence from service immediately preceding his or her date of termination, if earlier, the period between his or her severance date and his or her date of reemployment shall be included in his or her Service. With respect to Service for purposes of the vesting schedule in Section 5.3, if an Eligible Employee terminates and is later reemployed after 12 or more months have elapsed since his or her severance date, the period of service prior to his or her severance date shall be included in his or her Service.

Under the circumstances hereinafter stated and upon such conditions as the Pension Administration Committee shall determine on a basis uniformly applicable to all Employees similarly situated, the period of Service of an Eligible Employee shall be deemed not to be interrupted by an absence of the type hereinafter stated and the period of such absence shall be included in determining the length of an Eligible Employee’s Service if a leave of absence has been authorized by the Company or any affiliate of the Company (for the period of such authorized leave of absence only), or if an Eligible Employee enters service in the armed forces of the United States and his or her right to reemployment is protected by the Selective Service Act or any similar law then in effect, and the Eligible Employee returns to regular employment within the period during which the right to reemployment is protected by any such law.

As provided in Section 3.5, periods of employment with Pre-Distribution ITT prior to the Distribution Date shall be treated as periods of employment with The Hartford and Hartford Fire.

Periods of employment by an Eligible Employee with The Prudential Insurance Company of America (the “Prudential”) in its AARP Operations Division prior to June 1, 1997 shall be treated as periods of employment with the Company so long as such Eligible Employee becomes employed by the Company during June, 1997 in accordance with and under the terms of the AARP GHIP Management Agreement dated February 26, 1997 immediately following employment with the Prudential. Periods of employment by any Employee with United HealthCare Insurance Company during the period June 1, 1997 through December 31, 1997 shall be treated as periods of employment with the Company so long as such Eligible Employee becomes employed by the Company during 1997 in accordance with and under the terms of the AARP GHIP Management Agreement dated February 26, 1997 immediately following employment with United HealthCare Insurance Company, if such employment with United HealthCare Insurance Company immediately followed employment with the Prudential in its AARP Operations Division.

 

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Periods of employment by an Eligible Employee with Omni Insurance Company (“Omni”) prior to January 1, 2002 shall be treated as periods of employment with the Company so long as such Eligible Employee remained employed by Omni on December 31, 2001 and became employed by the Company on January 1, 2002.

Periods of employment by an Eligible Employee with Fortis, Inc. and applicable subsidiaries (collectively, “Fortis”) prior to April 1, 2001 shall be treated as periods of employment with the Company so long as such Eligible Employee remained employed by Fortis on March 30, 2001 and became employed by the Company on April 1, 2001.

Periods of employment by an Eligible Employee with Access Coverage Corporation (“Access”) prior to November 5, 2001 shall be treated as periods of employment with the Company so long as such Eligible Employee remained employed by Access on November 4, 2001 and became employed by the Company on November 5, 2001.

Service prior to January 1, 2004 with Planco Financial Services, Inc. or Planco, Incorporated as a commissioned wholesaler or administrative assistant to such a wholesaler shall be treated as Service for an individual who became an Eligible Employee of Planco Financial Services, Inc. on January 1, 2004.

Periods of employment by an Eligible Employee with Planco, LLC prior to January 1, 2009 shall be treated as periods of employment with the Company as long as such Eligible Employee remained employed by Planco, LLC on December 31, 2008 and became employed by the Company on January 1, 2009. Such Service shall be determined in accordance with and under the terms of the Planco Profit Sharing Plan. Eligible Employees who were at any time Members prior to becoming employees of Planco, LLC who will again be Eligible Employees on January 1, 2009 will receive the greater of their Service for the period as an Employee prior to January 1, 2009 determined in accordance with and under the terms of the Planco Profit Sharing Plan or under this Plan.

Eligible Employees who commence employment with the Company on or after January 1, 2007 in connection with the acquisition of a business by the Company, shall be credited with periods of employment under the Plan for periods of employment with the acquired business to the extent so provided by the Plan Administrator.

For an individual who completes an Hour Worked as an Eligible Employee on or after January 1, 2006, service as a leased employee, within the meaning of Code Section 414(n)(2), shall be taken into account solely to the extent provided by Code Section 414(n).

“Supplemental After-Tax Investment Account” means the portion of the Trust Fund that is attributable to Supplemental After-Tax Savings and any investment earnings and gains or losses thereon.

“Supplemental After-Tax Savings” means contributions credited to the Supplemental After-Tax Investment Account under Section 4.3(B)(ii) or pursuant to a Prior Plan Transfer.

“Supplemental Before-Tax Investment Account” means the portion of the Trust Fund attributable to Supplemental Before-Tax Savings and any investment earnings and gains or losses thereon.

 

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“Supplemental Before-Tax Savings” means contributions credited to the Supplemental Before-Tax Investment Account under Section 4.1(B)(ii), under Section 4.1(C) with respect to periods prior to January 1, 2006, or pursuant to a Prior Plan Transfer.

“Supplemental Investment Account” means the portion of the Trust Fund that includes the Supplemental Before-Tax Investment Account, the Supplemental Roth 401(k) Investment Account and the Supplemental After-Tax Investment Account.

“Supplemental Roth 401(k) Investment Account” means the portion of the Trust Fund attributable to Supplemental Roth 401(k) Savings and any investment earnings and gains or losses thereon.

“Supplemental Roth 401(k) Savings” means contributions credited to the Supplemental Roth 401(k) Investment Account under Section 4.2(B)(ii) or pursuant to a Prior Plan Transfer.

“Supplemental Savings” means Supplemental Before-Tax Savings, Supplemental Roth 401(k) Savings and Supplemental After-Tax Savings contributed under Article Four, as well as Supplemental Before-Tax and After-Tax Savings made pursuant to a Prior Plan Transfer.

“Termination of Employment” means a voluntary or involuntary separation from employment with the Company for any reason, including, but not limited to, Retirement, death, Disability, resignation or dismissal by the Company, but shall not include a transfer in employment between the Company and any other Participating Corporation. With respect to any leave of absence and any period of service in the armed forces of the United States, the rules contained in the definition of Service contained in the Plan shall apply.

“The Hartford” means The Hartford Financial Services Group, Inc. (a Delaware corporation), which is affiliated with Hartford Fire (the sponsor of the Plan).

“The Hartford Stock” means common stock of The Hartford Financial Services Group Inc., par value $.01 per share.

“The Hartford Stock Fund” means the Investment Fund established pursuant to the Plan which by its terms is invested exclusively in The Hartford Stock, except for such reserves as may be deemed necessary for liquidity and the effecting of transactions with respect thereto.

 

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“Trust Fund” means the aggregate funds held by the Trustee under the trust agreement or agreements established for the purposes of this Plan or the aggregate funds held under an insurance contract or contracts established with The Hartford or its affiliates, consisting of the funds described in Article Eight.

“Trustee” means the Trustee at any time acting as such under the trust agreement established for the purposes of the Plan.

“Valuation Date” means the day the Trust Fund is valued for a particular purpose in accordance with Article Eight.

“Vested Company Contribution Account” means the portion of a Company Contribution Account that is vested under Article Five.

“Vested Share” means the portion of Accounts that vest under Articles Four and Five.

“Withdrawal Valuation Date” means (A) for non-hardship withdrawals under Section 10.1, the business day that the Plan Administrator or designee receives the request for such a withdrawal (which request must be made in the manner and by the date required by the Plan Administrator), or (B) for hardship withdrawals under Section 10.2, the business day that the Hardship Committee or designee receives the request for such a withdrawal (which request must be made in the manner and by the date required by the Plan Administrator).

 

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A RTICLE THREE
MEMBERSHIP

3.1 Eligibility for Membership . Effective January 1, 2008, an Eligible Employee will be immediately eligible to become a Member for purposes of making contributions to the Plan described in Article III and Article IV of the Plan.

3.2 Becoming a Member by Making an Enrollment Election . An Eligible Employee who is eligible to become a Member shall become a Member by making an enrollment election before an Enrollment Date and in the manner and by the time required by the Plan Administrator. By making an enrollment election, the Eligible Employee: (A) designates the rate of his or her After-Tax Savings, (B) authorizes the Company to make regular payroll deductions of the amount of his or her After-Tax Savings, if any, (C) designates the rate of his or her Before-Tax Savings, Roth 401(k) Savings and any Before-Tax Catch-Up and Roth 401(k) Catch-Up Savings, (D) authorizes the Company to reduce his or her Salary by the amount of his or her Before-Tax Savings and/or Roth 401(k) Savings and Before-Tax Catch-Up and Roth 401(k) Catch-Up Savings, if any, (E) makes an investment election as described in Article Seven, (F) designates a beneficiary for his or her Accounts, and (G) makes a dividend election as described in Section 7.6, if applicable.

3.3 Failure to Make Proper Enrollment Election . In the case of an Eligible Employee who is hired on or after January 1, 2008, who is eligible to become a Member but does not make a proper enrollment election, such Eligible Employee shall automatically become a Member hereunder 60 days after the date such Eligible Employee is eligible to become a Member (or as soon as practicable thereafter). Such Eligible Employee shall be deemed to have made elections to: (A) designate a 3% rate of Before-Tax Savings, (B) designate a zero rate of After-Tax Savings, (C) designate a zero rate of Roth 401(k) Savings, (D) designate a zero rate of Before-Tax Catch-Up Savings and Roth 401(k) Catch-Up Savings, (E) invest his or her Savings in the applicable Default Vanguard Target Retirement Fund set forth in Section 8.3(H), and (F) designate his or her Spouse as Beneficiary hereunder if such Member is married, and to designate his or her estate as Beneficiary hereunder if such Member is unmarried. Such an Eligible Employee may elect to change such deemed elections as permitted by the Plan.

Upon completion of six months of Service, such an Eligible Employee shall be entitled to Floor Company Contributions under the Plan as of such date.

3.4 Automatic Increase Program . Unless he or she elects otherwise, a Member who is automatically enrolled in the Plan in accordance with Section 3.3 will have his or her rate of Before-Tax Savings increased by one percent each April 1 st ; provided that as of April 1 st , it has been at least six months since the date the Member was automatically enrolled in the Plan. Such increased rate will not exceed 10% of such Member’s Salary or cause the Member’s Before-Tax Savings to exceed any Plan limits or limits imposed by the IRS.

Members who are not automatically enrolled in the Plan may elect to have their rate of Before-Tax Savings automatically increased by a percentage they elect (up to 10%) on April 1 st of each year, or another date they may choose, up to the Plan limit or limits imposed by the IRS.

 

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3.5 Pre-Distribution ITT Plan Participants: Continuity of Membership, Service and Incidents of Participation . Each person who was a “Member” or “Deferred Member” under the Pre-Distribution ITT Plan on the day before the Distribution Date, and whose Accounts were transferred to this Plan, shall be a Member or Deferred Member under this Plan as of the Distribution Date. The Service of such Members or Deferred Members while employed by Pre-Distribution ITT before the Distribution Date shall be treated as service with Hartford Fire under this Plan, except as specifically provided to the contrary in this Plan. All incidents of participation with respect to such Members or Deferred Members under the Pre-Distribution ITT Plan for periods before the Distribution Date, including any elections or designations in effect on the day before the Distribution Date, shall be taken into account for purposes of this Plan, except as specifically provided herein to the contrary.

3.6 Rehired Members .

(A) Rehired Members Who Make Proper Enrollment Elections . Any rehired Eligible Employee who at the time of Termination of Employment was a Member of this Plan or of the Pre-Distribution ITT Plan will again become a Member as of the first available payroll cycle following the date of such Eligible Employee’s rehire (the “Re-Enrollment Date”), provided that the Eligible Employee makes a proper enrollment election under this Article Three.

(B) Rehired Members Who Do Not Make Proper Enrollment Elections . In the case of a rehired Eligible Employee who was a Member at the time of Termination of Employment, and who does not make a proper enrollment election with respect to the Re-Enrollment Date, such Eligible Employee shall automatically become a Member as of the first available payroll cycle following the Re-Enrollment Date (or as soon as practicable thereafter). Such a Member shall be entitled to Floor Company Contributions under the Plan as of such date, and shall be deemed to have made elections to: (i) designate a zero rate of After-Tax Savings, (ii) designate a zero rate of Before-Tax Savings and Before-Tax Catch-Up Savings, (iii) designate a zero rate of Roth 401(k) Savings and Roth 401(k) Catch-Up Savings and (iv) designate his or her Spouse as Beneficiary hereunder if such Member is married, and if not married, to designate his or her estate as Beneficiary hereunder. Such an Eligible Employee may change such deemed elections as permitted by the Plan.

3.7 Transfers between the Company and Associated Companies . Effective January 1, 2004, if an employee is transferred from employment with an Associated Company to employment with the Company, for purposes of eligibility to become a Member and receive Matching Company Contributions and Floor Company Contributions, and for purposes of vesting, his or her service with the Associated Company shall be taken into consideration as “Service” under this Plan. For purposes of this Section, “Associated Company” shall mean any division, subsidiary or affiliated company of the Company not participating in this Plan as a Participating Corporation or a Participating Division which is (a) a component member of a controlled group of corporations (as defined in Section 414(b) of the Code) which includes the Company, (b) any trade or business (whether or not incorporated) which is under common control (as defined in Section 414(c) of the Code) with the Company, (c) any organization (whether or not incorporated) which is a member of an affiliated service group (as defined in Section 414(m) of the Code) which includes the Company or (d) any other entity required to be aggregated with the Company pursuant to regulations under Code Section 414(o), during the period it is a division, subsidiary or affiliated company of the Company or during such period as may otherwise be determined by the Board of Directors or the Pension Administration Committee.

If an Eligible Employee is transferred from employment with the Company to employment with an Associated Company, he will not have a Termination of Employment for purposes of this Plan until such time as he is employed neither by the Company nor by an Associated Company. During any such period of employment, such employee will be credited with Service. In no event, however, will such an employee be deemed eligible for contributions to the Plan during any such period of employment.

 

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ARTICLE FOUR
MEMBER CONTRIBUTIONS

4.1 Member Before-Tax Savings .

(A) Salary Reduction Election for Before-Tax Savings . A Member may elect, subject to the IRS limits described in Article Six and any other Plan limits, to have his or her Salary reduced (by payroll deduction) by a whole percent not exceeding 30%, and to have that amount contributed to the Trust Fund as Before-Tax Savings. Such election shall be made in the manner and by the date required by the Plan Administrator, and shall be effective with the next payroll paid after the election (or as soon as practicable thereafter). A Member’s election shall continue to apply notwithstanding a change in his or her principal employer from one Participating Corporation to another Participating Corporation, unless the Member changes or suspends his or her Salary reduction rate or savings as permitted by the Plan. The Plan Administrator may establish a separate limit on the percentage of Salary that a Highly Compensated Member may contribute to the Trust Fund as Before-Tax Savings.

(B) Types of Before-Tax Savings; Crediting of Before-Tax Savings to Accounts .

(i) Basic Before-Tax Savings. Before-Tax Savings that do not exceed 6% of a Member’s Salary for the period during which such contributions are made shall be known as “Basic Before-Tax Savings,” and shall be credited to the Member’s Basic Before-Tax Investment Account.

(ii) Supplemental Before-Tax Savings. Before-Tax Savings that exceed the maximum allowed under the preceding paragraph shall be known as “Supplemental Before-Tax Savings,” and shall be credited to a Member’s Supplemental Before-Tax Investment Account. Supplemental Before-Tax Savings may also include Catch-Up Savings made prior to January 1, 2006 and amounts credited on a Member’s behalf pursuant to a Prior Plan Transfer.

(C) Before-Tax Catch-Up Savings . All Members who are eligible to make Before-Tax Savings, who will have attained age 50 before the close of the Plan Year, and who have contributed at least 6% of Salary in any combination of Before-tax, Roth 401(k) or After-Tax Savings, may elect to make Before-Tax Catch-Up Savings which, when taken together with a Member’s Before-Tax Savings, Roth 401(k) Savings, Roth 401(k) Catch-Up Savings and After-Tax Savings, equal up to 75% of a Member’s Salary for a pay period. Such Before-Tax Catch-Up Savings shall be made in accordance with, and subject to, the limitations of Code Section 414(v) and in addition, when combined with any Roth 401(k) Catch-Up Savings, will not exceed 69% of a Member’s Salary. Such Before-Tax Catch-up Savings shall not be taken into account for purposes of the limitations of Code Sections 402(g) and 415. The Plan shall not be treated as failing to satisfy the provisions of the Plan implementing the requirements of Code Section 401(k)(3), 401(k)(11), 401(k)(12), 410(b) or 416, as applicable, by reason of any Member making such Before-Tax Catch-Up Savings hereunder. Prior to January 1, 2006, Before-Tax Catch-Up Savings shall be credited to a Member’s Supplemental Before-Tax Investment Account; on and after January 1, 2006, Before-Tax Catch-Up Savings shall be credited to a Member’s Before-Tax Catch-Up Contributions Account.

 

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(D) Change in Salary Reduction Election for Before-Tax Savings and Before-Tax Catch-Up Savings . A Member may elect to change the rate of his or her Salary reduction for Basic or Supplemental Before-Tax Savings or Before-Tax Catch-Up Savings as of any business day by giving notice to the Company in a manner and by the date required by the Plan Administrator. The changed rate of Salary reduction shall be effective as of the next payroll period (or as soon as practicable thereafter). Notwithstanding the above, Members who are also members in a Hartford Excess Savings Plan may not elect to change their rate of Salary reduction for Basic or Supplemental Before-Tax Savings under this Plan after January 1 of the applicable Plan Year (the Salary reduction rate in effect on January 1 of the Plan Year will continue to apply for that entire Plan Year, except in the case of a suspension of Savings due to a Safe Harbor Hardship withdrawal as set forth in Section 4.5(B) below; such an Excess Savings Plan member may nonetheless elect to change his or her rate of Salary reduction for Before-Tax Catch-Up Savings during the Plan Year).

(E) Vesting of Before-Tax Savings and Before-Tax Catch-Up Savings . Before-Tax Savings and Before-Tax Catch-Up Savings credited to a Member’s Accounts shall at all times be fully vested and nonforfeitable.

4.2 Member Roth 401(k) Savings .

(A) Salary Reduction Election for Roth 401(k) Savings . A Member may elect, subject to the IRS limits described in Article Six and any other Plan limits, to have his or her Salary reduced (by payroll deduction) by a whole percent not exceeding 30%, and to have that amount contributed to the Trust Fund as Roth 401(k) Savings, except that a Member may not elect to contribute Roth 401(k) Savings of more than the difference between 30% of Salary and the amount of Before-Tax Savings properly elected. Such election shall be made in the manner and by the date required by the Plan Administrator, and shall be effective with the next payroll paid after the election (or as soon as practicable thereafter). A Member’s election shall continue to apply notwithstanding a change in his or her principal employer from one Participating Corporation to another Participating Corporation, unless the Member changes or suspends his or her Salary reduction rate or savings as permitted by the Plan. The Plan Administrator may establish a separate limit on the percentage of Salary that a Highly Compensated Member may contribute to the Trust Fund as Roth 401(k) Savings.

 

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(B) Types of Roth 401(k) Savings; Crediting of Roth 401(k) Savings to Accounts .

(i) Basic Roth 401(k) Savings. Roth 401(k) Savings that do not exceed the difference between 6% of a Member’s Salary for the period during which such contributions are made and the amount credited as Basic Before-Tax Savings for that period shall be known as “Basic Roth 401(k) Savings,” and shall be credited to the Member’s Basic Roth 401(k) Investment Account.

(ii) Supplemental Roth 401(k) Savings. Roth 401(k) Savings that exceed the maximum allowed under the preceding paragraph shall be known as “Supplemental Roth 401(k) Savings,” and shall be credited to a Member’s Supplemental Roth 401(k) Investment Account. Supplemental Roth 401(k) Savings may also include amounts credited on a Member’s behalf pursuant to a Prior Plan Transfer.

(C) Roth 401(k ) Catch-Up Savings . All Members who are eligible to make Roth 401(k) Savings, who will have attained age 50 before the close of the Plan Year, and who have contributed at least 6% of Salary in any combination of Before-Tax, Roth 401(k) or After-Tax Savings, may elect to make Roth 401(k) Catch-Up Savings which, when taken together with a Member’s Before-Tax Savings, Roth 401(k) Savings, After-Tax Savings, and Before-Tax Catch-Up Savings equal up to 75% of a Member’s Salary for a pay period. Such Roth 401(k) Catch-Up Savings shall be made in accordance with, and subject to, the limitations of Code Section 414(v) and in addition, when combined with any Before-Tax Catch-Up Savings, will not exceed 69% of a Member’s Salary. Such Roth 401(k) Catch-up Savings shall not be taken into account for purposes of the limitations of Code Sections 402(g) and 415. The Plan shall not be treated as failing to satisfy the provisions of the Plan implementing the requirements of Code Section 401(k)(3), 401(k)(11), 401(k)(12), 410(b) or 416, as applicable, by reason of any Member making such Roth 401(k) Catch-Up Savings hereunder. Roth 401(k) Catch-Up Savings shall be credited to a Member’s Roth 401(k) Catch-Up Contributions Account.

(D) Change in Salary Reduction Election for Roth 401(k) Savings and Roth 401(k) Catch-Up Savings . A Member may elect to change the rate of his or her Salary reduction for Basic or Supplemental Roth 401(k) Savings or Roth 401(k) Catch-Up Savings as of any business day by giving notice to the Company in a manner and by the date required by the Plan Administrator. The changed rate of Salary reduction shall be effective as of the next payroll period (or as soon as practicable thereafter). Notwithstanding the above, Members who are also members in a Hartford Excess Savings Plan may not elect to change their rate of Salary reduction for Basic or Supplemental Roth 401(k) Savings under this Plan after January 1 of the applicable Plan Year (the Salary reduction rate in effect on January 1 of the Plan Year will continue to apply for that entire Plan Year, except in the case of a suspension of Savings due to a Safe Harbor Hardship withdrawal as set forth in Section 4.5(B) below; such an Excess Savings Plan member may nonetheless elect to change his or her rate of Salary reduction for Roth 401(k) Catch-Up Savings during the Plan Year).

(E) Vesting of Roth 401(k) Savings and Roth 401(k) Catch-Up Savings . Roth 401(k) Savings and Roth 401(k) Catch-Up Savings credited to a Member’s Accounts shall at all times be fully vested and nonforfeitable.

 

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4.3 Member After-Tax Savings .

(A) Salary Reduction Election for After-Tax Savings . A Member may elect, subject to the IRS limits described in Article Six and any other Plan limits, to have his or her Salary reduced (by payroll deductions) by a whole percent not exceeding 30%, and to have that amount contributed to the Trust Fund as After-Tax Savings, except that a Member may not elect to contribute After-Tax Savings of more than the difference between 30% of Salary and the amount of Before-Tax Savings plus Roth 401(k) Savings properly elected. Such election shall be made in the manner and by the date required by the Plan Administrator, and shall be effective with the next payroll paid after the election (or as soon as practicable thereafter). A Member’s election shall continue to apply notwithstanding a change in his or her principal employer from one Participating Corporation to another Participating Corporation, unless the Member changes or suspends his or her Salary reduction rate or savings as permitted by the Plan. The Plan Administrator may establish a separate, lower limit on the percentage of Salary that a Highly Compensated Member may contribute to the Trust Fund as After-Tax Savings. The Plan Administrator may also provide for Member elections as to whether After-Tax Savings are to commence automatically when a Member’s Before-Tax and Roth 401(k) Savings reach the maximum allowed under Code Section 402(g) for a Plan Year.

(B) Types of After-Tax Savings; Crediting of After-Tax Savings to Accounts .

(i) Basic After-Tax Savings. After-Tax Savings that do not exceed the difference between 6% of a Member’s Salary for the period during which such contributions are made and the amount credited as Basic Before-Tax Savings and Basic Roth 401(k) Savings for that period shall be known as “Basic After-Tax Savings” and shall be credited to the Member’s Basic After-Tax Investment Account.

(ii) Supplemental After-Tax Savings. After-Tax Savings that exceed the maximum allowed under the preceding paragraph shall be known as “Supplemental After-Tax Savings” and shall be credited to the Member’s Supplemental After-Tax Investment Account. Supplemental After-Tax Savings may also include amounts credited on a Member’s behalf pursuant to a Prior Plan Transfer.

(C) Change in Salary Reduction Election for After-Tax Savings . A Member may elect to change the rate of his or her Salary reduction for After-Tax Savings as of any business day by giving notice to the Company in the manner and by the date required by the Plan Administrator. The changed rate of Salary reduction shall be effective as of the next payroll period (or as soon as practicable thereafter).

(D) Vesting of After-Tax Savings . After-Tax Savings credited to a Member’s Accounts shall at all times be fully vested and nonforfeitable.

 

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4.4 Member Rollover Contributions .

(A) Contribution of Rollovers . To the extent permitted by the Code, a Member may elect, subject to the IRS limits described in Article Six and any other Plan limits, to contribute any of the following amounts to the Trust Fund: (i) a distribution or proceeds from a sale of distributed property that qualifies as an Eligible Rollover Distribution as defined in Article Eleven hereof from a trust described in Code Section 401(a) and exempt from tax under Code Section 501(a), (ii) a distribution from a “conduit” individual retirement account or annuity, provided the entire amount of the distribution is from a source described in clause (i) hereof, (iii) a Prior Plan Transfer, which means a direct rollover or transfer from a prior employer’s plan, provided that (a) the Member can establish to the satisfaction of the Plan Administrator that such prior employer’s plan assets meets the qualification requirements under Code Section 401(a), and (b) a trust-to-trust transfer shall not be permitted unless the amount transferred is free of all defined benefit characteristics and does not make the Plan a transferee plan under Code Section 401(a)(11)(B)(iii)(III); or (iv) an annuity contract described in section 403(b) of the Code; or, (v) an eligible plan under section 457 of the Code which is maintained by a state, political subdivision of a state, or an agency or instrumentality of a state or political subdivision of a state. A Member may also roll over to the Trust Fund non-taxable distributions from traditional individual retirement accounts, attributable to deductible contributions, and distributions from SIMPLE individual retirement accounts made more than two years after the date the Member first participated in the SIMPLE individual retirement account, to the extent permitted by the Code and rules established by the Plan Administrator. Any amount so contributed must be paid to the Trustee on or before the sixtieth day after the Member receives such amount (or be transferred directly from a prior plan) and shall be held in the Trust Fund and credited to a separate Rollover Account on behalf of the Member.

While generally only Members who are currently Eligible Employees may elect to roll over amounts to the Trust Fund, Members and Deferred Members who are not currently employed may elect to directly roll over Eligible Rollover Distributions from The Hartford Retirement Plan for U.S. Employees to a Rollover Account under the Plan.

(B) Vesting in Rollovers . Amounts credited to a Member’s Rollover Account shall at all times be fully vested and nonforfeitable.

 

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4.5 Suspension and Resumption of Member Savings .

(A) Member Election to Suspend Savings . A Member (other than a Member who is also a member in a Hartford Excess Savings Plan) may elect to suspend or resume his or her Before-Tax, Roth 401(k) or After-Tax Savings or Before-Tax Catch-Up or Roth 401(k) Catch-Up Savings as of any business day by giving notice to the Company in the manner and by the time required by the Plan Administrator. Such suspension or resumption will be effective as of the next payroll period (or as soon as practicable thereafter).

(B) Suspension due to Withdrawal for Safe Harbor Hardship . A Member who takes a hardship withdrawal from his or her Supplemental Before-Tax Investment or Supplemental Roth 401(k) Account, Basic Before-Tax or Basic Roth 401(k) Investment Account or Before-Tax Catch-Up or Roth 401(k) Catch-Up Contributions Account under Section 10.2, which is attributable to a Safe Harbor Hardship as defined in that Section, shall have his or her Savings under the Plan suspended for a period of six months. Such suspension will be effective as of the later of the next payroll period after the Valuation Date that applies to the withdrawal (or as soon as practicable thereafter). During such suspension, Floor Company Contributions will continue to be made on behalf of the Member, but no Matching Company Contributions shall be made on his or her behalf. Also, the Member will continue to be considered a Member for purposes of Article Six. Savings may be resumed by giving notice to the Company in the manner and by the date required by the Plan Administrator. Such resumption shall be effective as of the next payroll period following the six month suspension period (or as soon as practicable thereafter). (The resumption of contributions shall be automatic for a Member who is also a member in a Hartford Excess Savings Plan.)

4.6 Member Elective Transfers . A Member may make an elective transfer to the Plan, provided such elective transfer (A) is from a plan qualified under Code Section 401(a), (B) results from the Company’s acquisition of assets or a subsidiary within the meaning of Code Section 401(k)(10), and (C) meets the requirements of Code Section 414(l) and Treasury Regulation 1.411(d)(4), Q&A 3(b).

 

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ARTICLE FIVE
COMPANY CONTRIBUTIONS

5.1 Matching Company Contributions .

(A) Matching Company Contributions with respect to Basic Savings . Effective January 1, 2008, subject to the IRS limits described in Article Six and any other Plan limits, the Company shall, with respect to each Member principally employed by it who has completed at least six months of Service as an Eligible Employee, contribute to the Trust Fund a Matching Company Contribution in an amount equal to 50% of such Member’s Basic Savings for each payroll period. (No Matching Company Contributions shall be made with respect to a Member’s Supplemental Savings, a Member’s Before-Tax Savings or a Member’s Roth 401(k) Savings that exceed the limits provided in Code Sections 402(g) and 415 or Section 4.1(A), 4.2(A) or 6.1 of the Plan.) Such Matching Company Contribution shall be credited to such Member’s Company Contribution Account, and shall be invested as described in Article 8 hereof. No Matching Company Contributions shall be made with respect to a Member’s Catch-Up Savings.

(B) No Matching Company Contributions Following Certain Withdrawals . Notwithstanding Section 5.1(A), Matching Company Contributions shall not be made in respect of a Member’s Basic Savings during a suspension period that follows a hardship withdrawal under Article Ten.

(C) No Matching Company Contributions for Planco Financial Services, Inc. Employees Before 2006 . Notwithstanding Section 5.1(A), Matching Company Contributions shall not be made prior to January 1, 2006 with respect to a Member who is an Employee of Planco Financial Services, Inc.

5.2 Floor Company Contributions . Effective January 1, 2008, subject to the IRS limits described in Article Six and any other Plan limits, the Company shall, with respect to each Eligible Employee principally employed by it who has completed at least six months of Service as an Eligible Employee, contribute to the Trust Fund a Floor Company Contribution in an amount equal to one-half of one percent (0.5%) of such Eligible Employee’s Salary for each payroll period, provided that, for each payroll period commencing on or after January 1, 2004 with respect to such a Member who is not a Highly Compensated Member, the amount of such Floor Company Contribution shall be increased to an amount equal to one and one-half percent (1.5%) of such Member’s Salary for such payroll period. Floor Company Contributions shall be credited to such Member’s Company Contribution Account, and shall be invested as described in Article 8 hereof. Notwithstanding the first sentence of this Section 5.2, no Floor Company Contributions shall be made prior to January 1, 2006 with respect to Eligible Employees who are Employees of Planco Financial Services, Inc.

 

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5.3 Vesting of Amounts in Company Contribution Accounts .

(A) Vesting in Matching Company Contributions .

(i) General Rules. A Member shall be fully vested in, and have a nonforfeitable right to, the portion of his or her Company Contribution Account that is attributable to Matching Company Contributions in accordance with the following schedule:

 

 

 

 

 

 

 

Percentage of

 

 

 

Company Contribution

 

Years of Service

 

that is Vested

 

 

 

 

 

 

less than 1 year

 

 

0

%

1 but less than 2 years

 

 

20

%

2 but less than 3 years

 

 

40

%

3 but less than 4 years

 

 

60

%

4 but less than 5 years

 

 

80

%

5 or more years

 

 

100

%

(ii) Earlier Vesting in Certain Circumstances. Notwithstanding the foregoing schedule, a Member shall immediately be fully vested in 100% of his or her Company Contribution Account that is attributable to Matching Company Contributions upon the earliest of: (a) the Member reaching age 65, (b) the Member’s Retirement provided the Member has an original hire date with the Company before January 1, 2002, (c) the Member’s Disability, (d) the Member’s death, (e) the termination of the Plan, or (f) the complete discontinuance of Company contributions under the Plan. In addition, a Member shall be immediately fully vested in all dividends paid on or after November 29, 2001 with respect to any portion of his or her Company Contribution Account that is invested in The Hartford Stock.

(B) Vesting in Floor Company C


 
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