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2011 Restated Plan Document Initiative <br /> 457 Governmental Plan &Trust Explanation of Selected Substantive Changes <br /> ARTICLE 1 <br /> Definitions <br /> Compensation (Section 1.07): Revised compensation definition to address final regulations <br /> issued under Section 415 of the Internal Revenue Code (the "I.R.C.").. Additionally, <br /> incorporated differential wage payments under the definition, which is consistent with the <br /> Heroes Earnings Assistance and Relief Tax Act of 2008 (the "HEART Act"). <br /> Distributions to Individuals in the Uniformed Services: Made changes consistent with the <br /> HEART Act, which allow distributions to certain individuals during periods of uniformed <br /> service. (Section 1.28(c)(3)). <br /> ARTICLE III <br /> Deferral Contributions/Limitations <br /> Deferrals After Severance from Employment,Including Sick, Vacation,and Back Pay <br /> Under an Eligible Plan: Revisions incorporated to extend the time period during which <br /> deferrals may occur after severance from employment under the final regulations issued <br /> under Section 415 of the I.R.C. (Section 3.02(c)). <br /> AR'T'ICLE IV <br /> Time and Method of Payment Benefits <br /> Emergency Tax Relief Distributions: New section added which is designed to serve as a <br /> catchall provision allowing distributions from the plan if legislation is enacted following <br /> emergency or catastrophic events (e.g., hurricanes, floods). Administrator can also establish <br /> procedures related to these distributions. (Section 4.01). <br /> Required Minimum Distributions: A plan provision was added to reflect the 2009 waiver <br /> period of RMDs under the Worker, Retiree, and Employer Recovery Act of 2008 <br /> ("WRERA"). (Section 4.03(f)(1)). <br /> Eligible Rollover Distributions by a Non- Spousal Beneficiary: A provision was added to <br /> the plan reflecting Section 829 of the Pension Protection Act of 2006 ("PPA"), which <br /> requires plans to permit direct rollovers by non-spousal beneficiaries to inherited IRAs under <br /> certain conditions. (Section 4.07(c)). <br /> Eligible Rollover Distributions to a Roth IRA: Language added to reflect the ability of <br /> participants to direct rollovers to a Roth IRA under PPA Section 824. (Section 4.07(d)(2)). <br /> NRG-0133AO FOR PLAN SPONSORS ONLY <br /> UPDATED: 02/22/2011 <br /> Page 1 <br />