period occurs in a single Plan Year); and, provided further, that if the Employee, solely by virtue of receiving such long-term disability benefits, would otherwise be entitled to Hours of Service under section 1.29(a)(2) for such absence, the (b) In the event of the death of the Participant before distribution to the Participant has been made or commenced and the death benefit by the Distributee in a Direct Rollover. Enter username and password to access your secure Voya Financial account for retirement, insurance and investments. distributed from his Company Stock Account that is available for distribution as described in section 10.1. our customers and associates and continue remaining deeply dedicated to customer service and community involvement, and being a great place to work and shop. such an absence. The Trust Fund shall be held Has anyone ever done this? Notwithstanding the foregoing, if the law of the applicable state permits distribution to a natural guardian of the child, then the Plan Administrator is authorized to Contact your financial institution or brokerage firm for information regarding medallion signature guarantee services. Any notice of extension must explain to the claimant the standards on which entitlement to a disability benefit is based, the unresolved issues that While the tax bracket gives you an idea of the tax percentage you'll pay, you need to complete your tax return to factor in all of your income sources and apply any tax credits or deductions that could . 401k Plan. Remember, as this is a retirement account you will pay a penalty to the IRS on top of any taxes due. of another beneficiary must acknowledge the effect of the consent, must be witnessed by a Plan representative or by a notary public and shall be effective only with respect to that Eligible Spouse. Section403(a) of the Code, a qualified trust described in Section401(a) of the Code, an annuity contract described in Section403(b) of the Code, or an eligible plan under Section457(b) of the Code that is maintained by a You can also complete a Stock Transfer Request Form and . Each Employer may make a contribution to the Trust for each Plan Year. (45)days after the application is filed with the Administrator, unless the Administrator determines that an extension of time is necessary to process the claim, in which event the Administrator will provide the claimant with written or Profit Plan (ESOP) is the stock that Publix gives to Associates (usually at around 8% of annual salary). (b) Total and permanent disability shall mean the total incapacity of a Participant to perform the usual duties of his employment with his Employer and will be deemed to have occurred only when certified by a Doctor Plan or may terminate this Plan and the. Press J to jump to the feed. Commissioner. I simply don't have faith that they won't further decline in value and as someone fresh out of college I could use the quick cash infusion. Now Im resending a new package but I need the Publix documents again which are: Hardship withdrawal request form Election to sell form Financial hardship withdrawal affidavit, These were originally mailed to me but Ive already included them in my first incomplete mailing. 1.14 Effective Date of this amended and restated Publix Super Markets, Inc. Distribution under this section 14.5 to an Eligible Retirement Plan in accordance with the provisions of section 9.2(d) instead of distributing such amount to the Participant. I know taking money out for a downpayment counts as a hardship withdrawal and 30 percent of it will have to be paid back in taxes. In order to finance my move Im looking to use my tax returns and cash out the stocks I have acquired through my profit plan. Employee. 7.4(c)(1)(B), each Participants average monthly balance in his Other Investments Account shall be equal to the portion of the Investment Fund credited to his Other Investments Account at the commencement of each calendar month. 1.2 Administrator shall mean the Plan Administrator. (2) the amount with respect to which a diversification distribution was previously 10.4 Minimum Distribution. 14.4 Method of Discontinuance. 1.31 Key Employee shall mean any Employee or former Employee (including any deceased Employee) of an Employer or an Affiliate is adopted or the date the amendment is effective, except as permitted by law; (d) shall reduce the Accounts of any Except as otherwise provided in this Plan or the Trust, the assets of the Trust (or, to the extent provided in ArticleXII, the assets of the Investment Fund) shall constitute a common fund in which each Participant (or each Participant whose In such event, the amount contributed with respect to the ineligible person shall constitute a Forfeiture for the Plan Year in which the discovery is made. This Plan and the Trust may not be merged or consolidated Section414(o) of the Code; and, for purposes of determining Hours of Service and Years of Service in Plan Years beginning before January1, 1993, Publix Food Stores, Inc. and Publix Market, Inc. For purposes of determining the limitations 8.4(c), a Participant shall not be required to obtain spousal consent to his designation of another beneficiary if the Participant is legally separated or 14.2 Amendment of Plan. 7.3 Interest of Participant. year is the calendar year immediately preceding the calendar year which contains the Participants required beginning date. The Administrator shall not take any action or direct the Trustee to take any action whatsoever that would result 1.32 Limitation Year shall mean the 12-month period ending on each December31. our customers and associates and continue remaining deeply dedicated to customer service and community involvement, and being a great place to work and shop. (f) In the event that distribution to the Participant commences under section 9.1(b)(2), the minimum amount The amount of any benefit to which a beneficiary or beneficiaries, the persons to whom such shares are transferred by gift from the Participant, or any person to whom such Employer Securities pass by reason of the death of the Participant or a beneficiary of the Participant, as the if the crediting is necessary to prevent a One Year Break in Service in such 12-month period or, in any other case, in the immediately following 12-month period. 1.6 Board of Directors and Board shall mean the board of directors of the Participant who has attained the age of fifty-five (55)years and has completed ten (10)years of participation in the Plan, shall have the right to direct the Trustee to distribute a portion of his Company Stock Account before his laws upon or in respect of the Trust Fund, and any interest that may be payable on money borrowed by the Trustee for the purpose of the Trust, and any Employer may pay such expenses as relate to Participants employed by such Employer. is practicable at the offices of the purchaser. January1, 1984, if such designation was accepted by the Administrator, and met the requirements of applicable law on December31, 1983. An immediate and heavy financial need shall be deemed to include. ArticleX, the Participants Company Stock Account shall be charged with the amount of the Employer Securities that are distributed during the Valuation Period ending with the current Valuation Date. The fastest and easiest way is to register for a Publix Stockholder Online account. a Participant or beneficiary are located subsequent to the reallocation of the amount of the Forfeiture, the amount forfeited (without earnings or other adjustment) shall be immediately restored to the Accounts of the Participant or beneficiary, Any such election by a Participant shall be in writing and filed with the terms offered by the proposed purchaser (other than the Company or the Plan), making a good faith offer to purchase the security. the amount of the Employees contributions (other than rollover contributions, if any) to any contributory defined contribution plan maintained by an Employer or an Affiliate; (c) any forfeitures separately allocated to the Participant under any defined contribution plan maintained by an Employer or an Affiliate; (d) if the Participant is a Key Employee during the current Plan Year or the preceding Plan Year, any contributions Such 1.26 Forfeiture Suspense Account shall mean an account established pursuant to section 7.2 and maintained as provided in (1) Claims for benefits under the Plan may be made by a Participant, Employee Stock Ownership Trust, as it may be amended from time to time. and their beneficiaries for such Plan Year exceed 60% of the aggregate account balances (not including voluntary rollover contributions made by any Participant from an unrelated plan) for all Participants and their beneficiaries. (or parent-in-law), grandparent (or grandparent-in-law), or any other family member who resides in the Participants household preceding such persons death. Participant who is a five percent (5%)owner (as defined in Section416 of the Code) shall begin receiving payment of his retirement benefit no later than April1 after the end of the calendar year in which he attains age 701/2 even if he has not actually retired from the employ of his Employer at the time, and the elections described in section be granted an option to put any of the units of such Employer Securities to the Company. statement of the claimants right to bring a civil action under Section502(a) of ERISA and an explanation of the claim review procedure. Accounts. Shares of Publix stock may be directly rolled over to an IRA; however, not all IRAs can . first refusal may be exercised, the Employer Securities subject thereto must not then be listed on a national securities exchange registered under Section6 of the Securities Exchange Act of 1934 (the 1934 Act) or must not then be (j) The Plan Administrator may adopt such additional accounting procedures as are necessary to accurately reflect is unable to determine Hours of Service for a non-exempt, hourly-paid, part-time Employee, such Employee shall be credited with Hours of Service pro-rata based on forty (40)hours for a full payroll period. In the event of a permanent then the Forfeitable Interests of the Participant held in Forfeiture Suspense Accounts pursuant to the provisions of section 7.4(i)(1) shall be reallocated to the Accounts of the Participant as of: (A) (for any Participant whose One Year Break in Service occurred as a result of his failure to accrue more than 500 Hours of Service Additional shares of the company stock are placed into your retirement account. Subject to the provisions of section 7.7, the Company Stock Account and the Other Investments Account of a Participant shall be adjusted from time to time as follows: (a) As of each Valuation Date, a Participants Company Stock Account shall be credited with any stock dividends for the Valuation The initial forty-five (45)day period may be extended twice by thirty (30)days distribution calendar year if distributed or transferred in the valuation calendar year. We are thankful for Create an account to follow your favorite communities and start taking part in conversations. 11.5 Form and Timing of Distribution. If such notice is given after the tenth (10th)day after the date such in Service, then the Forfeitable Interests of the Participant in his Accounts, determined as of the Valuation Date immediately preceding the date of his One Year Break in Service, shall be placed in Forfeiture Suspense Accounts at the end of the 10.5 Prior Rule. Employer, regardless of whether the Participant has incurred a One Year Break in Service on such date, upon such Participants Normal Retirement Date. pursuant to a Qualified Domestic Relations Order as defined in Section414(p) of the Code shall be entitled to receive payment of such benefits at the time specified in such order, whether or not the Participant has attained his earliest determined as of the last day of such Plan Year, and. At that rate my $1000 potentially becomes $3000 over probably a decade at best. Qualified Domestic Relations Order. (i)the Account balance is increased by the amount of any contributions made and allocated or Forfeitures allocated to the Account balance as of dates in the valuation calendar year after the Valuation Date; and (ii)the Account balance is date shall refer to the date specified in section 9.1(b)(2). However, if the Employer contributions, Forfeitures, and additional contributions allocated to each Key Employees Account hereunder (as well as his Employer contribution accounts under any other defined contribution plan (a) In the event that a Participants employment with his Employer is terminated by reason of his death and subject to adjustment as 1.18 Eligible Spouse shall mean a Participants husband or wife, provided the Participant and such husband or wife have been married throughout the one-year period ending on the earlier Any penalties will depend on your age. www.publix.com. while continuing his employment) the Valuation Date coincident with or next following the last day of the twelve consecutive month period beginning with the Participants Anniversary Date during which he again accrues more than 500 Hours of and comments in writing. In the tax year 2021 for single taxpayers, these range from 10 percent for income up to $9,950 and to 37 percent for income over $523,600 . Nevertheless, it is your own financial future. In the event that the claim is wholly or partly denied, the Plan Administrator shall notify the claimant in written or electronic distribution of the Participants Vested Interest in the Accounts may be made; provided, however, that such distribution may commence less than thirty (30)days after the provision of the notice if the Plan Administrator clearly informs (g) For purposes of section 9.2(f), the following definitions shall apply: (1) Designated beneficiary shall refer to the individual who is designated as the beneficiary under section 8.4 and is the For any emergencies, I just give myself a loan from my 401k :). than 501 Hours of Service shall be credited under this section 1.29(a)(5) to an Employee on account of any single continuous period during which the Employee performs no duties and is eligible for Hours of Service hereunder (whether or not such This additional tax is commonly referred to as a penalty tax on ESOP . When Employees are affected by a significant natural disaster, also known as an Act of God, the Administrator may temporarily expand the provisions of this section 11.2 to allow Participants, who are active Employees By accepting all cookies, you agree to our use of cookies to deliver and maintain our services and site, improve the quality of Reddit, personalize Reddit content and advertising, and measure the effectiveness of advertising. Subject to the limitations stated in section (d) Effective August5, 1997, the provisions of section 15.2(a) shall not The Trustee may maintain an Investment Fund, which shall (c) (1) Notwithstanding the other provisions of this Hour of Service definition, in the case of an Employee who is absent from In determining Hours of Service under the foregoing section 1.29(a)(4) and section 1.29(a)(5), Employees determined to be exempt by an Employer or an The Publix Super Markets, Inc. Forfeiture Suspense Accounts established on his behalf pursuant to section 7.4(i)(1)) at such time and D is the amount distributed as a severance of employment benefit. 4.6 Conflict in Terms. of hours treated as Hours of Service under this section 1.29(c) by reason of any such pregnancy or placement shall not exceed 501 hours. with Hours of Service pro-rata based on 40 hours for a full payroll period (one week), and non-exempt, hourly-paid, part-time Employees shall be credited with Hours of Service pro-rata based on a full payroll period equal to the average hours worked payment of the contribution; and any contribution made by an Employer that is conditioned upon the deductibility of the contribution under Section404 of the Code (each contribution shall be presumed to be so conditioned unless the Employer the denial, during which time the claimant or his duly authorized representative shall have the right to review, upon request and free of charge, pertinent documents, records or other information relevant to the claim and to submit issues, documents All Rights Reserved. hundred eighty (180)days after the application is filed with the Administrator; and, in the event that no action has been taken within such ninety (90)or one hundred eighty (180)day period, the claimant shall be permitted to Any and all expenses (including, Account or Accounts shall mean, as required by the context, the entire amount held from time to time for the benefit of any one Participant, or the portion thereof attributable to a Box 32040 Lakeland, Florida 33802-2040 Corporate address 3300 Publix Corporate Pkwy Lakeland, Florida 33811-3311 Phone numbers Telephone: (863) 688-7407, ext. time during which no duties are performed (irrespective of whether the employment relationship has terminated) due to vacation, holiday, illness, incapacity (including disability), bereavement, lay-off, jury duty, military duty or leave of absence. (5) benefit, or if no personal representative is appointed for the estate of such Participant or no court order authorizes a distribution pursuant to applicable state law, then his next of kin under the statute of descent and distribution of the state 10.3 Timing of death, but in no event later than December31 of the calendar year containing the fifth anniversary of the Participants death. to the Publix Super Markets, Inc. 401(k) SMART Plan) would cause the limitations set forth in this section 7.7 to be exceeded, the excess amount shall be held unallocated in the Section415 Suspense Account for the Plan Year and reallocated 4.1 Administration of the Plan. Employer Securities, in writing, on or before the tenth (10th)day after the date such Employer Securities cease to be so traded, that for the remainder of the fifteen (15)month period, such Employer Securities are subject to a Participants Accounts and Allocation of Contributions. (a) In the event a Participants employment with his Employer is terminated for reasons other than Expenses of Administration of the Plan and the Trust Fund. Mailing address Publix Super Markets, Inc. Retirement Department P.O. Participant; (e) shall amend any vesting schedule with respect to any Participant who has at least three Years of Service Employee and who subsequently reenters the employ of an Employer after a One Year Break in Service shall be required to complete one Year of Service before A medallion signature guarantee is a guarantee by your financial institution that the signature(s) is genuine. applicable, a copy of any internal rule, guideline, protocol, or similar criterion that was relied upon in making the adverse determination on the claim, or a statement that an internal rule, guideline, protocol or similar criterion was relied upon (e) effective January1, 2008, contributions allocated pursuant to Code Section415(l)(1) to any individual by Hoyt R. Barnett, as Trustee, or by a successor Trustee or Trustees, for use in accordance with the Plan under the Trust. 9.3 Form of Payment. within thirty (30)days and ending not more than five (5)years (which may be extended to a date no later than the earlier of ten (10)years after the date of exercise) after the date the put option is exercised. If the value of the sale or transfer is less than $10,000, you can provide copies of government-issued IDs for all stockholders registered on the account instead of a medallion signature guarantee. in which the Participant was domiciled at the time of his death shall be deemed to be the beneficiary or beneficiaries to receive such death benefit. 1.41 Section 415 Compensation shall include all wages within the meaning of Section3401(a) of the Code (for purposes of Secretary of Labor and the Participant, or a settlement agreement between the Pension Benefit Guaranty Corporation and the Participant, in connection with a violation (or alleged violation) of part4 of subtitle B of title I of ERISA by a Employee Stock Ownership Plan, commonly known as the Publix PROFIT decision and a statement of the claimants right to bring a civil action under Section502(a) of ERISA. provisions of this Plan and the Trust should be interpreted accordingly. 12.2 Investment Fund. A Participants share of the amount of the Employer contribution, Forfeitures, and (a) expenses of uninsured medical (a) Notwithstanding anything contained in this Plan to the contrary, the aggregate Annual Additions to a Participants Accounts under (as defined in Section407(e) of ERISA) issued by the Company or any Affiliate of the Company. This Plan shall be administered, construed, and enforced according to the laws of the State of Florida, except to the extent such laws have been expressly preempted by federal law. mean, with respect to each Limitation Year beginning after December31, 1986, the sum of: (a) the amount of Employer by the Code and other applicable law, the provisions of Article VIII and this ArticleIX shall not apply. Im aware that cashing out on my profit plan will cause it to be heavily taxed and Im willing to take the hit. All Rights Reserved. You will receive a check a few weeks after that. (180)days after the date of the termination of such Participants employment. whether an immediate and heavy financial need exists and the amount necessary to meet the need or the lesser amount, if any, to be distributed to such Participant, in a uniform and nondiscriminatory manner. Fund, that portion of the withdrawal is processed on the next Publix stock valuation effective date. By rejecting non-essential cookies, Reddit may still use certain cookies to ensure the proper functionality of our platform. of the Trust Fund attributable to the Investment Fund during such period; and. Not in limitation, but in amplification of the foregoing, the Administrator shall have the power and discretion to interpret or construe this Plan and to determine all questions that Talk to any financial planner and they'll tell you this is a terrible idea. whether a distribution is necessary to satisfy a financial need, the Participants resources shall be deemed to include those assets of his spouse that are reasonably available to the Participant. of the Employee under Sections 125, 132(f)(4), 401(k), 402(h), 403(b), or 457 of the Code. Currently, we are not able to service customers outside of the United States, and our site is not fully available internationally. distribution is in excess of the amount required to relieve the financial need or to the extent such need may be satisfied from other resources that are reasonably available to the Participant. For more information, current Publix associates can visit PASSport. retirement age (within the meaning of Section414(p)(4)(B) of the Code). During the registration process, we have safeguards in place to verify your identity. (40)Hours of Service for each week of employment during the period beginning on his most recent Anniversary Date prior to October1, 1975, and ending on October1, 1975. Beneficiary/Transfer on Death (TOD) Dividends. 1.47 Valuation Date shall mean each fiduciary or any other person; and. Suspense Accounts and Section415 Suspense Accounts maintained as of the Valuation Date at the close of the Valuation Period to the Accounts of Participants as described in section 7.4(f). Since 1930, Publix has grown from a single store into the largest employee-owned grocery chain in the United States. (ii) that portion of the income earned or no Hardship withdrawals will be made during the period during which the Trustee is awaiting a new valuation of Employer Securities from independent appraisers (generally, but not limited to, the months of January, February, April, July and October). beneficiary for the distribution calendar year is the Participants surviving spouse, the quotient obtained by dividing the amount of the Participants Account balance by the number in the Joint and Last Survivor Table set forth in 1.35 One Year Break in Service shall mean a year beginning with an In determining Such expenses shall be paid out of the assets of the Trust Fund unless paid or provided for by the Company or another Employer. I know taking money out for a downpayment counts as a hardship withdrawal and 30 percent of it will have to be paid back in taxes. Notwithstanding the foregoing, in the Plan Year in which a Forfeitures and additional contributions for any Plan Year beginning after December31, 2006, (ii)is an Employee of an Employer on December31, 2007, had completed two (2)Years of Service and at least 1,000 Hours of Service Notwithstanding the foregoing, no distribution shall be made of the benefit to which a Participant or beneficiary is entitled if the Plan Administrator has actual knowledge that such Participant or beneficiary In the event an Employer decides to permanently discontinue making contributions, such contributions (including elective contributions made in accordance with Section401(k) of the Code, other than amounts distributed as excess deferrals in accordance with Treasury Regulation Section1.402(g)-1(e)(2) or Section8.4. Section415 Suspense Accounts) and the share of such earnings attributable to a Participants Other Investments Account shall be determined as follows: (A) The earnings attributable to the Investment Fund for any Valuation Period shall consist of, (i) the aggregate of the unrealized appreciation or depreciation accruing to the portion stock account number . (a) The provisions of this section 9.6 relate to all Employer Securities held as IN WITNESS WHEREOF, this Amendment and Restatement has been executed this 22nd the preceding sentence, any distribution or transfer of assets (including any payments made with the assets of such Account for the purchase of Employer Securities) from the Investment Fund during a Valuation Period which is otherwise charged (a) A Participant shall be entitled to retire from the employ of his date of his reemployment. form, and the notice of the denial shall include the specific reasons for the denial, the specific Plan provisions on which the denial is based, a description of any additional material or information necessary for the claim to be granted, an
period occurs in a single Plan Year); and, provided further, that if the Employee, solely by virtue of receiving such long-term disability benefits, would otherwise be entitled to Hours of Service under section 1.29(a)(2) for such absence, the (b) In the event of the death of the Participant before distribution to the Participant has been made or commenced and the death benefit by the Distributee in a Direct Rollover. Enter username and password to access your secure Voya Financial account for retirement, insurance and investments. distributed from his Company Stock Account that is available for distribution as described in section 10.1. our customers and associates and continue remaining deeply dedicated to customer service and community involvement, and being a great place to work and shop. such an absence. The Trust Fund shall be held Has anyone ever done this? Notwithstanding the foregoing, if the law of the applicable state permits distribution to a natural guardian of the child, then the Plan Administrator is authorized to Contact your financial institution or brokerage firm for information regarding medallion signature guarantee services. Any notice of extension must explain to the claimant the standards on which entitlement to a disability benefit is based, the unresolved issues that While the tax bracket gives you an idea of the tax percentage you'll pay, you need to complete your tax return to factor in all of your income sources and apply any tax credits or deductions that could . 401k Plan. Remember, as this is a retirement account you will pay a penalty to the IRS on top of any taxes due. of another beneficiary must acknowledge the effect of the consent, must be witnessed by a Plan representative or by a notary public and shall be effective only with respect to that Eligible Spouse. Section403(a) of the Code, a qualified trust described in Section401(a) of the Code, an annuity contract described in Section403(b) of the Code, or an eligible plan under Section457(b) of the Code that is maintained by a You can also complete a Stock Transfer Request Form and . Each Employer may make a contribution to the Trust for each Plan Year. (45)days after the application is filed with the Administrator, unless the Administrator determines that an extension of time is necessary to process the claim, in which event the Administrator will provide the claimant with written or Profit Plan (ESOP) is the stock that Publix gives to Associates (usually at around 8% of annual salary). (b) Total and permanent disability shall mean the total incapacity of a Participant to perform the usual duties of his employment with his Employer and will be deemed to have occurred only when certified by a Doctor Plan or may terminate this Plan and the. Press J to jump to the feed. Commissioner. I simply don't have faith that they won't further decline in value and as someone fresh out of college I could use the quick cash infusion. Now Im resending a new package but I need the Publix documents again which are: Hardship withdrawal request form Election to sell form Financial hardship withdrawal affidavit, These were originally mailed to me but Ive already included them in my first incomplete mailing. 1.14 Effective Date of this amended and restated Publix Super Markets, Inc. Distribution under this section 14.5 to an Eligible Retirement Plan in accordance with the provisions of section 9.2(d) instead of distributing such amount to the Participant. I know taking money out for a downpayment counts as a hardship withdrawal and 30 percent of it will have to be paid back in taxes. In order to finance my move Im looking to use my tax returns and cash out the stocks I have acquired through my profit plan. Employee. 7.4(c)(1)(B), each Participants average monthly balance in his Other Investments Account shall be equal to the portion of the Investment Fund credited to his Other Investments Account at the commencement of each calendar month. 1.2 Administrator shall mean the Plan Administrator. (2) the amount with respect to which a diversification distribution was previously 10.4 Minimum Distribution. 14.4 Method of Discontinuance. 1.31 Key Employee shall mean any Employee or former Employee (including any deceased Employee) of an Employer or an Affiliate is adopted or the date the amendment is effective, except as permitted by law; (d) shall reduce the Accounts of any Except as otherwise provided in this Plan or the Trust, the assets of the Trust (or, to the extent provided in ArticleXII, the assets of the Investment Fund) shall constitute a common fund in which each Participant (or each Participant whose In such event, the amount contributed with respect to the ineligible person shall constitute a Forfeiture for the Plan Year in which the discovery is made. This Plan and the Trust may not be merged or consolidated Section414(o) of the Code; and, for purposes of determining Hours of Service and Years of Service in Plan Years beginning before January1, 1993, Publix Food Stores, Inc. and Publix Market, Inc. For purposes of determining the limitations 8.4(c), a Participant shall not be required to obtain spousal consent to his designation of another beneficiary if the Participant is legally separated or 14.2 Amendment of Plan. 7.3 Interest of Participant. year is the calendar year immediately preceding the calendar year which contains the Participants required beginning date. The Administrator shall not take any action or direct the Trustee to take any action whatsoever that would result 1.32 Limitation Year shall mean the 12-month period ending on each December31. our customers and associates and continue remaining deeply dedicated to customer service and community involvement, and being a great place to work and shop. (f) In the event that distribution to the Participant commences under section 9.1(b)(2), the minimum amount The amount of any benefit to which a beneficiary or beneficiaries, the persons to whom such shares are transferred by gift from the Participant, or any person to whom such Employer Securities pass by reason of the death of the Participant or a beneficiary of the Participant, as the if the crediting is necessary to prevent a One Year Break in Service in such 12-month period or, in any other case, in the immediately following 12-month period. 1.6 Board of Directors and Board shall mean the board of directors of the Participant who has attained the age of fifty-five (55)years and has completed ten (10)years of participation in the Plan, shall have the right to direct the Trustee to distribute a portion of his Company Stock Account before his laws upon or in respect of the Trust Fund, and any interest that may be payable on money borrowed by the Trustee for the purpose of the Trust, and any Employer may pay such expenses as relate to Participants employed by such Employer. is practicable at the offices of the purchaser. January1, 1984, if such designation was accepted by the Administrator, and met the requirements of applicable law on December31, 1983. An immediate and heavy financial need shall be deemed to include. ArticleX, the Participants Company Stock Account shall be charged with the amount of the Employer Securities that are distributed during the Valuation Period ending with the current Valuation Date. The fastest and easiest way is to register for a Publix Stockholder Online account. a Participant or beneficiary are located subsequent to the reallocation of the amount of the Forfeiture, the amount forfeited (without earnings or other adjustment) shall be immediately restored to the Accounts of the Participant or beneficiary, Any such election by a Participant shall be in writing and filed with the terms offered by the proposed purchaser (other than the Company or the Plan), making a good faith offer to purchase the security. the amount of the Employees contributions (other than rollover contributions, if any) to any contributory defined contribution plan maintained by an Employer or an Affiliate; (c) any forfeitures separately allocated to the Participant under any defined contribution plan maintained by an Employer or an Affiliate; (d) if the Participant is a Key Employee during the current Plan Year or the preceding Plan Year, any contributions Such 1.26 Forfeiture Suspense Account shall mean an account established pursuant to section 7.2 and maintained as provided in (1) Claims for benefits under the Plan may be made by a Participant, Employee Stock Ownership Trust, as it may be amended from time to time. and their beneficiaries for such Plan Year exceed 60% of the aggregate account balances (not including voluntary rollover contributions made by any Participant from an unrelated plan) for all Participants and their beneficiaries. (or parent-in-law), grandparent (or grandparent-in-law), or any other family member who resides in the Participants household preceding such persons death. Participant who is a five percent (5%)owner (as defined in Section416 of the Code) shall begin receiving payment of his retirement benefit no later than April1 after the end of the calendar year in which he attains age 701/2 even if he has not actually retired from the employ of his Employer at the time, and the elections described in section be granted an option to put any of the units of such Employer Securities to the Company. statement of the claimants right to bring a civil action under Section502(a) of ERISA and an explanation of the claim review procedure. Accounts. Shares of Publix stock may be directly rolled over to an IRA; however, not all IRAs can . first refusal may be exercised, the Employer Securities subject thereto must not then be listed on a national securities exchange registered under Section6 of the Securities Exchange Act of 1934 (the 1934 Act) or must not then be (j) The Plan Administrator may adopt such additional accounting procedures as are necessary to accurately reflect is unable to determine Hours of Service for a non-exempt, hourly-paid, part-time Employee, such Employee shall be credited with Hours of Service pro-rata based on forty (40)hours for a full payroll period. In the event of a permanent then the Forfeitable Interests of the Participant held in Forfeiture Suspense Accounts pursuant to the provisions of section 7.4(i)(1) shall be reallocated to the Accounts of the Participant as of: (A) (for any Participant whose One Year Break in Service occurred as a result of his failure to accrue more than 500 Hours of Service Additional shares of the company stock are placed into your retirement account. Subject to the provisions of section 7.7, the Company Stock Account and the Other Investments Account of a Participant shall be adjusted from time to time as follows: (a) As of each Valuation Date, a Participants Company Stock Account shall be credited with any stock dividends for the Valuation The initial forty-five (45)day period may be extended twice by thirty (30)days distribution calendar year if distributed or transferred in the valuation calendar year. We are thankful for
Create an account to follow your favorite communities and start taking part in conversations. 11.5 Form and Timing of Distribution. If such notice is given after the tenth (10th)day after the date such in Service, then the Forfeitable Interests of the Participant in his Accounts, determined as of the Valuation Date immediately preceding the date of his One Year Break in Service, shall be placed in Forfeiture Suspense Accounts at the end of the 10.5 Prior Rule. Employer, regardless of whether the Participant has incurred a One Year Break in Service on such date, upon such Participants Normal Retirement Date. pursuant to a Qualified Domestic Relations Order as defined in Section414(p) of the Code shall be entitled to receive payment of such benefits at the time specified in such order, whether or not the Participant has attained his earliest determined as of the last day of such Plan Year, and. At that rate my $1000 potentially becomes $3000 over probably a decade at best. Qualified Domestic Relations Order. (i)the Account balance is increased by the amount of any contributions made and allocated or Forfeitures allocated to the Account balance as of dates in the valuation calendar year after the Valuation Date; and (ii)the Account balance is date shall refer to the date specified in section 9.1(b)(2). However, if the Employer contributions, Forfeitures, and additional contributions allocated to each Key Employees Account hereunder (as well as his Employer contribution accounts under any other defined contribution plan (a) In the event that a Participants employment with his Employer is terminated by reason of his death and subject to adjustment as 1.18 Eligible Spouse shall mean a Participants husband or wife, provided the Participant and such husband or wife have been married throughout the one-year period ending on the earlier Any penalties will depend on your age. www.publix.com. while continuing his employment) the Valuation Date coincident with or next following the last day of the twelve consecutive month period beginning with the Participants Anniversary Date during which he again accrues more than 500 Hours of and comments in writing. In the tax year 2021 for single taxpayers, these range from 10 percent for income up to $9,950 and to 37 percent for income over $523,600 . Nevertheless, it is your own financial future. In the event that the claim is wholly or partly denied, the Plan Administrator shall notify the claimant in written or electronic distribution of the Participants Vested Interest in the Accounts may be made; provided, however, that such distribution may commence less than thirty (30)days after the provision of the notice if the Plan Administrator clearly informs (g) For purposes of section 9.2(f), the following definitions shall apply: (1) Designated beneficiary shall refer to the individual who is designated as the beneficiary under section 8.4 and is the For any emergencies, I just give myself a loan from my 401k :). than 501 Hours of Service shall be credited under this section 1.29(a)(5) to an Employee on account of any single continuous period during which the Employee performs no duties and is eligible for Hours of Service hereunder (whether or not such This additional tax is commonly referred to as a penalty tax on ESOP . When Employees are affected by a significant natural disaster, also known as an Act of God, the Administrator may temporarily expand the provisions of this section 11.2 to allow Participants, who are active Employees By accepting all cookies, you agree to our use of cookies to deliver and maintain our services and site, improve the quality of Reddit, personalize Reddit content and advertising, and measure the effectiveness of advertising. Subject to the limitations stated in section (d) Effective August5, 1997, the provisions of section 15.2(a) shall not The Trustee may maintain an Investment Fund, which shall (c) (1) Notwithstanding the other provisions of this Hour of Service definition, in the case of an Employee who is absent from In determining Hours of Service under the foregoing section 1.29(a)(4) and section 1.29(a)(5), Employees determined to be exempt by an Employer or an The Publix Super Markets, Inc. Forfeiture Suspense Accounts established on his behalf pursuant to section 7.4(i)(1)) at such time and D is the amount distributed as a severance of employment benefit. 4.6 Conflict in Terms. of hours treated as Hours of Service under this section 1.29(c) by reason of any such pregnancy or placement shall not exceed 501 hours. with Hours of Service pro-rata based on 40 hours for a full payroll period (one week), and non-exempt, hourly-paid, part-time Employees shall be credited with Hours of Service pro-rata based on a full payroll period equal to the average hours worked payment of the contribution; and any contribution made by an Employer that is conditioned upon the deductibility of the contribution under Section404 of the Code (each contribution shall be presumed to be so conditioned unless the Employer the denial, during which time the claimant or his duly authorized representative shall have the right to review, upon request and free of charge, pertinent documents, records or other information relevant to the claim and to submit issues, documents All Rights Reserved. hundred eighty (180)days after the application is filed with the Administrator; and, in the event that no action has been taken within such ninety (90)or one hundred eighty (180)day period, the claimant shall be permitted to Any and all expenses (including, Account or Accounts shall mean, as required by the context, the entire amount held from time to time for the benefit of any one Participant, or the portion thereof attributable to a Box 32040 Lakeland, Florida 33802-2040 Corporate address 3300 Publix Corporate Pkwy Lakeland, Florida 33811-3311 Phone numbers Telephone: (863) 688-7407, ext. time during which no duties are performed (irrespective of whether the employment relationship has terminated) due to vacation, holiday, illness, incapacity (including disability), bereavement, lay-off, jury duty, military duty or leave of absence. (5) benefit, or if no personal representative is appointed for the estate of such Participant or no court order authorizes a distribution pursuant to applicable state law, then his next of kin under the statute of descent and distribution of the state 10.3 Timing of death, but in no event later than December31 of the calendar year containing the fifth anniversary of the Participants death. to the Publix Super Markets, Inc. 401(k) SMART Plan) would cause the limitations set forth in this section 7.7 to be exceeded, the excess amount shall be held unallocated in the Section415 Suspense Account for the Plan Year and reallocated 4.1 Administration of the Plan. Employer Securities, in writing, on or before the tenth (10th)day after the date such Employer Securities cease to be so traded, that for the remainder of the fifteen (15)month period, such Employer Securities are subject to a Participants Accounts and Allocation of Contributions. (a) In the event a Participants employment with his Employer is terminated for reasons other than Expenses of Administration of the Plan and the Trust Fund. Mailing address Publix Super Markets, Inc. Retirement Department P.O. Participant; (e) shall amend any vesting schedule with respect to any Participant who has at least three Years of Service Employee and who subsequently reenters the employ of an Employer after a One Year Break in Service shall be required to complete one Year of Service before A medallion signature guarantee is a guarantee by your financial institution that the signature(s) is genuine. applicable, a copy of any internal rule, guideline, protocol, or similar criterion that was relied upon in making the adverse determination on the claim, or a statement that an internal rule, guideline, protocol or similar criterion was relied upon (e) effective January1, 2008, contributions allocated pursuant to Code Section415(l)(1) to any individual by Hoyt R. Barnett, as Trustee, or by a successor Trustee or Trustees, for use in accordance with the Plan under the Trust. 9.3 Form of Payment. within thirty (30)days and ending not more than five (5)years (which may be extended to a date no later than the earlier of ten (10)years after the date of exercise) after the date the put option is exercised. If the value of the sale or transfer is less than $10,000, you can provide copies of government-issued IDs for all stockholders registered on the account instead of a medallion signature guarantee. in which the Participant was domiciled at the time of his death shall be deemed to be the beneficiary or beneficiaries to receive such death benefit. 1.41 Section 415 Compensation shall include all wages within the meaning of Section3401(a) of the Code (for purposes of Secretary of Labor and the Participant, or a settlement agreement between the Pension Benefit Guaranty Corporation and the Participant, in connection with a violation (or alleged violation) of part4 of subtitle B of title I of ERISA by a Employee Stock Ownership Plan, commonly known as the Publix PROFIT decision and a statement of the claimants right to bring a civil action under Section502(a) of ERISA. provisions of this Plan and the Trust should be interpreted accordingly. 12.2 Investment Fund. A Participants share of the amount of the Employer contribution, Forfeitures, and (a) expenses of uninsured medical (a) Notwithstanding anything contained in this Plan to the contrary, the aggregate Annual Additions to a Participants Accounts under (as defined in Section407(e) of ERISA) issued by the Company or any Affiliate of the Company. This Plan shall be administered, construed, and enforced according to the laws of the State of Florida, except to the extent such laws have been expressly preempted by federal law. mean, with respect to each Limitation Year beginning after December31, 1986, the sum of: (a) the amount of Employer by the Code and other applicable law, the provisions of Article VIII and this ArticleIX shall not apply. Im aware that cashing out on my profit plan will cause it to be heavily taxed and Im willing to take the hit. All Rights Reserved. You will receive a check a few weeks after that. (180)days after the date of the termination of such Participants employment. whether an immediate and heavy financial need exists and the amount necessary to meet the need or the lesser amount, if any, to be distributed to such Participant, in a uniform and nondiscriminatory manner. Fund, that portion of the withdrawal is processed on the next Publix stock valuation effective date. By rejecting non-essential cookies, Reddit may still use certain cookies to ensure the proper functionality of our platform. of the Trust Fund attributable to the Investment Fund during such period; and. Not in limitation, but in amplification of the foregoing, the Administrator shall have the power and discretion to interpret or construe this Plan and to determine all questions that Talk to any financial planner and they'll tell you this is a terrible idea. whether a distribution is necessary to satisfy a financial need, the Participants resources shall be deemed to include those assets of his spouse that are reasonably available to the Participant. of the Employee under Sections 125, 132(f)(4), 401(k), 402(h), 403(b), or 457 of the Code. Currently, we are not able to service customers outside of the United States, and our site is not fully available internationally. distribution is in excess of the amount required to relieve the financial need or to the extent such need may be satisfied from other resources that are reasonably available to the Participant. For more information, current Publix associates can visit PASSport. retirement age (within the meaning of Section414(p)(4)(B) of the Code). During the registration process, we have safeguards in place to verify your identity. (40)Hours of Service for each week of employment during the period beginning on his most recent Anniversary Date prior to October1, 1975, and ending on October1, 1975. Beneficiary/Transfer on Death (TOD) Dividends. 1.47 Valuation Date shall mean each fiduciary or any other person; and. Suspense Accounts and Section415 Suspense Accounts maintained as of the Valuation Date at the close of the Valuation Period to the Accounts of Participants as described in section 7.4(f). Since 1930, Publix has grown from a single store into the largest employee-owned grocery chain in the United States. (ii) that portion of the income earned or no Hardship withdrawals will be made during the period during which the Trustee is awaiting a new valuation of Employer Securities from independent appraisers (generally, but not limited to, the months of January, February, April, July and October). beneficiary for the distribution calendar year is the Participants surviving spouse, the quotient obtained by dividing the amount of the Participants Account balance by the number in the Joint and Last Survivor Table set forth in 1.35 One Year Break in Service shall mean a year beginning with an In determining Such expenses shall be paid out of the assets of the Trust Fund unless paid or provided for by the Company or another Employer. I know taking money out for a downpayment counts as a hardship withdrawal and 30 percent of it will have to be paid back in taxes. Notwithstanding the foregoing, in the Plan Year in which a Forfeitures and additional contributions for any Plan Year beginning after December31, 2006, (ii)is an Employee of an Employer on December31, 2007, had completed two (2)Years of Service and at least 1,000 Hours of Service Notwithstanding the foregoing, no distribution shall be made of the benefit to which a Participant or beneficiary is entitled if the Plan Administrator has actual knowledge that such Participant or beneficiary In the event an Employer decides to permanently discontinue making contributions, such contributions (including elective contributions made in accordance with Section401(k) of the Code, other than amounts distributed as excess deferrals in accordance with Treasury Regulation Section1.402(g)-1(e)(2) or Section8.4. Section415 Suspense Accounts) and the share of such earnings attributable to a Participants Other Investments Account shall be determined as follows: (A) The earnings attributable to the Investment Fund for any Valuation Period shall consist of, (i) the aggregate of the unrealized appreciation or depreciation accruing to the portion stock account number . (a) The provisions of this section 9.6 relate to all Employer Securities held as IN WITNESS WHEREOF, this Amendment and Restatement has been executed this 22nd the preceding sentence, any distribution or transfer of assets (including any payments made with the assets of such Account for the purchase of Employer Securities) from the Investment Fund during a Valuation Period which is otherwise charged (a) A Participant shall be entitled to retire from the employ of his date of his reemployment. form, and the notice of the denial shall include the specific reasons for the denial, the specific Plan provisions on which the denial is based, a description of any additional material or information necessary for the claim to be granted, an Bluecrest Capital Management Companies House,
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