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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“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.
(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.
- 11 -
“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.
- 12 -
“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.
- 13 -
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.
- 14 -
“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.
- 15 -
“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).
- 16 -
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.
- 17 -
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.
(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.
- 18 -
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.
- 19 -
(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.
- 20 -
(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.
- 21 -
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.
- 22 -
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.
- 23 -
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).
- 24 -
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.
- 25 -
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
|
|
|
|
|
|
|
|
|
|
|
|
0
|
%
|
|
|
|
|
20
|
%
|
|
|
|
|
40
|
%
|
|
|
|
|
60
|
%
|
|
|
|
|
80
|
%
|
|
|
|
|
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
|