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<br />RETAIN BOOKLET <br /> <br />ARTICLE I <br /> <br />Definitions <br /> <br />1.1 Definition~ For the purposes of this Declaration, the following terms shall have the respective <br />meanings set forth below unless otherwise expressly provided. <br /> <br />(a) "Account" means the individual record keeping account maintained under the Plan to record the <br />interest of a Participant in the Plan in accordance with Section 7.4. <br /> <br />(b) "Administrator" means the Employer or the entity designated by the Employer to carry out admin- <br />istrative services as are necessary to implement the Plan. <br /> <br />(c) "Beneficiary" means the Spouse and Dependents, or the person or persons designated by the <br />Participant pursuant to the terms of the Plan. who will receive any benefits payable hereunder in <br />the event of the Participant's death. A Beneficiary may also designate a beneficiary(ies) to receive <br />any benefits payable hereunder in the event of the preceding Beneficiary's death, until the satisfac- <br />tion of all liabilities under the Plan to provide benefits. In the case where there is no designated <br />Beneficiary, any amount of contributions, plus accrued earnings thereon, remaining in the Account <br />must. under the terms of the Plan, be returned to the Trust. <br /> <br />(d) "Code" means the Internal Revenue Code of 1986. as amended from time to time. <br /> <br />(e) "Dependent" means an individual who is a person described in Code Section 152(a). <br /> <br />(f) "Investment Fund" means any separate investment option or vehicle selected by the Employer in <br />which all or a portion of the Trust assets may be separately invested as herein provided. The <br />Trustee shall not be required to select any Investment Fund. <br /> <br />(g) "Nonforfeitable Interest" means the interest of the Participant or the Participant's Spouse, Depend- <br />ent or Beneficiary (whichever is applicable) in the percentage of Participant's Employer's contribu- <br />tion which has vested pursuant to the vesting schedule specified in the Employer's Plan. A Partici- <br />pant shall, at all times, have a one hundred percent (100%) Nonforfeitable Interest in the Partici- <br />pant's own contributions. <br /> <br />(h) "Spouse" means the Participant's lawful spouse as determined under the laws of the state in <br />which the Participant has his primary place of residence. <br /> <br />(i) "Trust" means the trust established by this Declaration. <br /> <br />m "Trustee" means the Employer or the person or persons appointed by the Employer to serve in <br />that capacity. <br /> <br />5 <br />