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eik;b.'+ A 457 Plan and Trust Document DEFERRED COMPENSATION PLAN & TRUST As Amended and Restated Effective January 1,2002 Article I. Purpose The Employer hereby establishes the Employer's Deferred Compensation Plan and Trust, heteaftet referred to as the "Plan." The Plan consists of the provisions set forrh in this document. The ptimary purpose of this Plan is to ptovide tetirement income and other deferred benefits to the Employees of the Employer and the Employees' Beneficiaries in accordance with the . provisions of Section 457 of the Internal Revenue Code of 1986, as amended (the "Code"). This Plan shall be an agteement solely between the Employet and participating Employees. The Plan and Trust fotming a part hereof are established and shall be maiotained fot the exclusive benefit of Participants and their Beneficiaries. No parr of the corpus or income of the Trust shall revert to the Employer or be used fot or diverted to purposes other than the exclusive benefir of Participants and their Beneficiaries. Article II. Definitions 2.01 Account: The bookkeeping account maiotained for each Participant reflecting the cumulative amount of the Participant's Deferred Compensation, including any income, gains, losses, or increases or decreases in market value attributable to the Employer's investment of the Participant's Deferred Compensation, and furthet reflecting any distributions to the Participant or the Participant's Beneficiary and any fees or expenses charged agaiost such Participant's Deferred C~mpensation. 2 (, '\ccounting Date: Each business day that the New York Stock Exchange is open for t. ;, as provided in Section 6.06 for valuing the Trust's assets. 2. . Administrator: The person or persons named to carry out certain nondiscretionary administrative functions under the Plan, as hereinafter described. The Employer may remove any person as Administrator upon 60 days' advance notice in writing to such person, in which case the Employer shall name another person or persons to act as Administrator. The Administrator may resign upon 60 days' advance notice in writing to the Employer, in which case the Employer shall name another person or persons to act as Administrator. 2.04 Automatic Distribution Date: April 1 of the calendar year after the Plan Year the Participant attains age 70-1/2 or, if/ater, has a Severance Event. 2.05 Beneficiary: The person or persons designated by the Participanr in his or her Joinder Agteement who shall receive any benefits payable hereunder in the event of the Participant's death. In the event that the Participant names two or mOre Beneficiaries, each Beneficiary shall be entitled to equal shares of the benefits payable at the Parricipant's death, unless otherwise provided in the Participant's Joinder Agreement. If no beneficiary is designated in the Joinder Agreement, if the Designated Beneficiary predeceases the Participant, or if the designated Beneficiary does not survive the Participant for a period of fifteen (15) days, then .;, . . :f--':',- :"..*.l-;;~i~, -,;.< >_i-:-,:"'f';'~"'!i_'i:'';_~';<~~J,;;'~~@-1?{-e~~f~~~i.?~}f41~..;-;:~*t;::%,j,f.?~~~~-:k :~'i~~tp_:;~<f.~:~E'.:,~;.'1~~,:,,:~t;{~~~f.;~ 1