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1.
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Section 1.12 of the Plan is hereby amended by deleting it in its entirety and replacing it with the
following:
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| “1.12 |
"FAIL-SAFE CONTRIBUTION" shall mean a qualified nonelective
contribution which is a contribution (other than matching contributions or Qualified Matching Contributions (within the meaning of Section 10.2)) made by the Employer and allocated to Participants’ Accounts that the Participants may not elect
to receive in cash until distribution from the Plan; that is nonforfeitable when allocated to a Participant’s Account, and that is distributable only in accordance with the distribution provisions under Section 40l(k) of the Code and the
regulations promulgated thereunder.”
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2.
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Effective April 1, 2020, Section 4.1(a) of the Plan is hereby amended by deleting the first two paragraphs thereof in their
entirety and replacing them with the following three paragraphs:
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| “(a) |
Elections. Subject to the provisions of Section 4.2 below, a Participant may elect to contribute to the Plan a portion of his Compensation for a Plan Year on a pre-tax basis and/or in the form of designated Roth contributions. The amount of a Participant's Compensation contributed in accordance with the Participant's election shall
be withheld by the Employer from the Participant's Compensation on a ratable basis throughout the Plan Year. Except as otherwise provided in Section 7.9, elective deferrals contributed to the Plan as one type, either as a pre-tax or a
designated Roth contribution, may not later be reclassified as the other type. For purposes of making elective deferrals pursuant to this Section, only Compensation earned while eligible to make such deferrals shall be considered. The amount
deferred on behalf of each Participant shall be contributed by the Employer to the Plan and allocated to the portions of the Participant's Account consisting of pre-tax contributions and/or designated Roth contributions, as the case may be.
No contributions other than designated Roth contributions, in-plan Roth conversion amounts, and properly attributable earnings shall be credited to the Participant’s Roth account, and gains, losses and other credits or charges shall be
allocated on a reasonable and consistent basis to such account.
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3.
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Effective April 1, 2020, Section 4.4 of the Plan is hereby amended by deleting such section in its entirety and replacing it with the following:
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| “4.4 |
ROLLOVERS AND TRANSFERS OF FUNDS FROM OTHER PLANS. With the
approval of the Administrator, there may be paid to the Trustee amounts which have been held under the following types of plans:
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| (1) |
a qualified plan described in Section 401(a) or 403(a) of the Code, excluding after-tax employee contributions and including designated Roth contributions under Section
402A of the Code;
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| (2) |
an annuity contract described in Section 403(b) of the Code, excluding after-tax employee contributions and including designated Roth contributions under Section 402A
of the Code;
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| (3) |
an eligible plan under Section 457(b) of the Code which is maintained by a state, political subdivision of a state, or any agency or instrumentality of a state or
political subdivision of a state, excluding after-tax employee contributions and including designated Roth contributions under Section 402A of the Code; and
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| (4) |
an individual retirement account.
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4.
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Effective April 1, 2020, Article Seven of the Plan is hereby amended by adding the following new subsection:
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| “7.9 |
IN-PLAN ROTH CONVERSIONS. Effective April 1, 2020, an active or
terminated Participant may elect to transfer amounts from his non-Roth Account to his Roth account under the Plan in accordance with Section 402A(c)(4) of the Code and regulatory guidance and procedures established by the Administrator. Such
transfer is irrevocable once made. The Plan will maintain such records as are necessary for the proper reporting of in-plan Roth conversions. A Participant may withdraw amounts that have been so transferred only when the Particpant is
eligible for a withdrawal or a distribution from the Account that is the source of such transferred amounts.”
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5.
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Section 8.2 of the Plan is hereby amended by deleting such section in its entirety and replacing with
the following:
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| “8.2 |
HARDSHIP DISTRIBUTIONS. In the case of a financial hardship
resulting from a proven immediate and heavy financial need, an active Participant may receive a distribution not to exceed the lesser of (i) the value of the Participant's vested Account, without regard to Fail Safe Contributions, Employer
Safe-Harbor Basic Matching Contributions under Section 4.3(a), any Safe-Harbor Matching Contributions transferred from the AMCOL Plan, any Special Employer Contributions under 4.3(c) or transferred from the AMCOL Plan, any Dover Employer
Matching Contributions under 4.3(d), any Annual Dover Contributions under 4.3(e), and Qualified Match Contributions (within the meaning of 10.2), or (ii) the amount necessary to satisfy the financial hardship. The amount of any such immediate
and heavy financial need may include any amounts necessary to pay Federal, state or local income taxes reasonably anticipated to result from the distribution. Such distribution shall be made in accordance with nondiscriminatory and objective
standards and procedures consistently applied by the Administrator. For purposes of this Section, an active Participant shall include an Employee who has severed employment with the Employer but is still employed by a member of the Employer’s
related group (as defined in Section 2.4(b)) and who has an Account under the Plan.
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| (1) |
The distribution is not in excess of the amount of the immediate and heavy financial need of the Participant;
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| (2) |
The Participant has obtained all currently available distributions, other than hardship distributions, under all plans maintained by the Employer; and
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| (3) |
The Participant represents, in accordance with procedures established by the Administrator, that he has insufficient cash or other liquid assets reasonably available to
satisfy the financial need. The Administrator may rely on the Participant’s representation unless the Administrator has actual knowledge to the contrary.
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| 6. |
Section 10.1 of the Plan is hereby amended by adding the following sentence to the end of the first paragraph thereof:
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7.
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Section 10.2(a) of the Plan is hereby amended by deleting the second and third paragraph thereof in
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8.
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Section 10.2(b)(4) of the Plan is hereby amended by deleting it in its entirety and replacing it with the following:
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| "(4) |
Accounting for Excess Contributions. Excess contributions shall be
distributed from that portion of the Participant's Account attributable to such deferred amounts as follows: first from any pre-tax contributions made under Section 4.1, then from any “designated Roth contributions” made under Section 4.1,
unless the Participant specifies otherwise in accordance with the rules and procedures established by the Administrator."
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9.
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Except as hereinabove amended, the provisions of the Plan shall continue in full force and effect.
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