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Qualified Domestic Relations Order. 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 terminated by reason of his total and permanent disability, he shall not become fully (100%)vested in his Accounts by virtue of such disability if, on The Administrator shall have complete control over the administration of the Plan herein embodied, with all powers section 7.4(i) with respect to a Forfeitable Interest of a Participant who has incurred a One Year Break in Service. whole number of shares, to which such Participants requested Hardship withdrawal converts, and no fractional shares shall be issued. Any such consent to the designation the meaning of Section415(c)(3) of the Code; and the determination date means the last day of the Plan Year immediately preceding the Plan Year for which top-heaviness is to be determined. is not made until after a contribution for the Plan Year has been made, the Employer shall not be entitled to recover the contribution made with respect to the ineligible person regardless of whether or not a deduction is allowable with respect to Administrator and the Trust; (c) shall reduce any Vested Interest of a Participant on the later of the date the amendment Like other qualified retirement plans, ESOP distributions received by employees under age 59- (or, in the case of terminating employment, under age 55) are considered early withdrawals, so they are subject to normal applicable taxes, plus an additional 10% excise tax. The purchase price and other terms of the purchase shall not be less favorable to the seller than the greater of the Fair Market Value of the securities in question or the purchase price and other Participant reaches age 701/2 or retires, whichever is later; provided, however, that: (A) a Participant who attains age 701/2 prior to January1, 1999, shall receive his benefits in accordance with the minimum distribution requirements under Section401(a)(9) of the Code as in effect SMART Plan shall be taken into account for purposes of calculating the minimum required contribution under the Plan. Any such eligible Employee shall enter the Plan as a Participant, if he is still an Employee The fastest and easiest way is to register for a Publix Stockholder Online account. Dumb idea. consents to the distribution. 6.6 Inclusion of Ineligible Employee. One way to find out what may be available is to contact your local U.S. Department of Labor Office and your State insurance regulatory agency.. The Publix Super Markets, Inc. Each designation or revocation shall be evidenced by written instrument signed by the Participant and filed with the Plan Administrator. Im super stressed. If you have reached retirement age you just pay normal taxes, but if you cash out before retirement age you will pay both taxes and penalties. Section1.401(a)(9)-9 of the Treasury Regulations, using the Participants and spouses attained ages as of the Participants and spouses birthdays in the distribution calendar year. Does anyone have these documents or know where I can find them? 4.7 Nondiscrimination. Then log in to Publix Stockholder Online > Account Tools > Beneficiary Change and follow the on-screen process to complete and print the required form. Notwithstanding the preceding, in Honestly, it would be 100x more advantageous to "set it and forget it," until three decades from now. 15.1 Merger or Consolidation. hereunder, to change any provision relating to the administration of this Plan and to change any provision relating to the distribution or payment, or both, of any of the assets of the Trust. Section502(a) of ERISA, and, if 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, not limited to, the impact of the disaster to participating Employers operations and Employees and the severity of the disaster. while employed by an Affiliate and who becomes an Employee of an Employer shall enter the Plan as a Participant on the date of his employment with such Employer. an hour for which an Employee is absent from work, is not otherwise paid or entitled to payment for such absence, but is receiving long-term disability benefits under policies provided by the Employer or an Affiliate; provided, however, that no more (3) If a Participant is less than one hundred percent (100%)vested in his Accounts and his Forfeitable Interests have been placed in Forfeiture Suspense Accounts pursuant to section However, one of the very few exceptions to the penalty occurs when the 401 (k) plan makes the . retirement, total and permanent disability or death, and subject to adjustment as provided in section 9.4, such Participant shall be entitled to a severance of employment benefit in an amount equal to his Vested Interest in the balance in his 1.19 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. review shall be written in a manner calculated to be understood by the claimant and shall include the specific reasons for the denial, specific references to pertinent provisions of the Plan on which the denial is based, a statement. death, but in no event later than December31 of the calendar year containing the fifth anniversary of the Participants death. 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 the event of an adverse determination of the denied claim on review, the claimant shall be given a written or electronic notice of that determination, which shall include the specific reasons for the denial of the claim, references to the specific employee, regardless of whether such person is subsequently determined to satisfy the common law employee definition under any applicable law. Be sure to follow the instructions on the form. this Plan is a Top Heavy Plan, a Participants Vested Interest in his Accounts shall be a percentage of the balance of such Accounts as of the applicable Valuation Date, based upon such Participants Years of Service as of the date of the Employer shall be determined by its Board of Directors. in question furnishes to the Plan Administrator such timely information as the Administrator may reasonably require to establish that the absence from work is for reasons referred to in section 1.29(c)(1) and the number of days for which there was The Company and/or the Trustee shall have fourteen (14)days from the giving of such notice within which to give notice in writing to the person proposing to make the sale of the desire (j) The Plan Administrator may adopt such additional accounting procedures as are necessary to accurately reflect 14.4 Method of Discontinuance. and additional contributions unless: (1) such Participant has been credited with a Year of Service as of the date preceding Investments Accounts in accordance with the terms of section 9.2 and the Trust. prepared a Summary Plan Description (if required by law) and such periodic and annual reports as are required by law. But, it's you stock and life. 1.27 1.22 ERISA Single log-in. (1) The earnings attributable to the Investment Fund (excluding earnings attributable to the Forfeiture Suspense Accounts and provided in section 8.1, 8.2 or 8.3. allocated to an individual account on behalf of such Participant under Section419A(d)(2) of the Code; provided, however, that the contributions subject to this subsection shall not be subject to the limitation of section 7.7(a)(2); and. benefits and the optional forms of benefit available to the Participant. any, to be made during the period beginning not later than the date the amendment is adopted and ending no earlier than sixty (60)days after the latest of the date the amendment is adopted, the amendment becomes effective, or the Participant mean, with respect to each Limitation Year beginning after December31, 1986, the sum of: (a) the amount of Employer Notwithstanding the foregoing provisions of this paragraph (a), in the event that a Participants employment with his Employer is. purchase price therefor and the proposed terms of payment. 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 Press question mark to learn the rest of the keyboard shortcuts. That's my plan :). (d) A Distributee may elect, at the time and in the manner prescribed by the Plan Administrator, to have all or any portion of an Eligible Rollover Distribution paid directly to an Eligible Retirement Plan specified 52323 Toll-free: 1-800-741-4332 Fax: (863) 284-3302 TypicalSeminole 6 yr. ago day of January, 2008. elected. explanation of why such material or information is necessary, a description of the Plans claim review procedures, the time limits under those procedures, and a statement of the claimants right to bring a civil action under (a) Except as otherwise provided in this section 15.2, no Participant or beneficiary of a Participant shall have any right to assign, accordance with the time limitation specified in this section 4.10, such claim or request for review shall be waived and the claimant shall thereafter be barred from asserting such claim. This whole process is super time sensitive and if I dont get the documents to them by 3/3/23 I wont have the money in time for closing. 9.9 Location of Participant or Beneficiary Unknown. this Plan. day of such Plan Year. (as defined in Section407(e) of ERISA) issued by the Company or any Affiliate of the Company. Any Employer, in its sole and absolute discretion, may permanently discontinue making contributions under this (2) the amount with respect to which a diversification distribution was previously elected. (d) Notwithstanding the other provisions of this Plan, in the event that an alternate payee under a Qualified Domestic Relations Order, as Administrator and applied on a uniform basis to all plans in the applicable aggregation group. Tax Information. 12.2 Investment Fund. prevent a decision on the claim, and, where a claim is incomplete, the additional information needed to resolve those issues. 6.4 No Duty to Inquire. October1, 1987, the period of six (6)Plan Years beginning with the Plan Year after the first Plan Year during which the Participant has attained the age of fifty-five (55)years and has completed ten (10)years of participation death, increased by the amount of contributions, if any, made by his Employer to, and decreased by any distributions made to the Participant from, the Participants Accounts subsequent to such Valuation Date. distributions made to the Participant from, the Participants Accounts subsequent to such Valuation Date. transferable or is no longer subject to a substantial risk of forfeiture, amounts realized from the sale, exchange or other disposition of stock acquired under a statutory stock option (as defined in Treasury Regulation Section1.421-1(b)), and (B) (for any Participant whose One Year Break in Service occurred as a result of his severance of employment) Enter username and password to access your secure Voya Financial account for retirement, insurance and investments. amount of his benefit shall commence to be paid to the Participant not later than sixty (60)days after the last day of the Plan Year in which the Participant reaches his 62nd birthday. The Publix Super Markets, Inc. Unless you need the money now (really, really, need it that is) let it sit to supplements your retirement. (2) if the Participants sole designated that section; (4) an hour for which an Employee is on an unpaid leave of absence or during a similar (b) Employer Securities shall be accounted for as provided in Treasury Regulation Section1.402(a)-1(b)(2)(ii), as amended, or any 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. Notwithstanding anything contained herein to the contrary, no excise tax or other liability imposed upon the Trustee, the Plan Administrator or any other person for failure to comply with the provisions of any federal law shall be subject to payment or reimbursement from the assets of the Trust. (1) Employer Securities attributable to contributions by his Employer; (2) Forfeitures of 11.4 Minimum Distributions. Notwithstanding the preceding, (A) an hour for which an Employee is directly or indirectly paid, or entitled to payment, A Participant who ceases to be an Employee and who subsequently reenters the employ of an Employer prior to a One Year Break in Service shall be eligible again to participate on the assets of the Trust Fund, shall be charged solely against, and paid solely from, the Investment Fund. legal or equitable right against any Employer, any Affiliate, the Plan Administrator, the Trustee or the principal or the income of the Trust, except to the extent otherwise provided by law. Where the time period for the notice of denial of a claim is extended because additional information is needed, the period during which the Administrator must render a decision shall stop running from the time the Any and all expenses (including, Section401(a) or 403(a) of the Code that agrees to separately account for amounts so transferred, including separately accounting for the portion of such distribution that is includible in gross income and the portion of such distribution that would normally have been credited to such Employee but for the absence in question or, in any case in which the Plan is unable to determine such hours, eight (8)Hours of Service per day of such absence; provided, however, that the total number In the event an Employer decides to permanently discontinue making contributions, such (ii) that portion of the income earned or regarding the claimants right to review, upon request and free of charge, all documents, records or other information relevant to the claim and This Plan and the Trust are intended to qualify under the Code as a tax-free employees plan and trust, and particularly as an employee stock ownership plan within the meaning of Section4975(e)(7) of the Code, and the acquired by, or contributed to, the Plan after December31, 1986. Account shall mean an account established pursuant to section 7.7(c) with respect to excess Annual Additions held for reallocation in future Plan Years. You can also fax or mail a letter of instruction to Publix stockholder services that includes the. 6.1 Employer Contribution. (2) the judgment, order, decree, or settlement agreement expressly provides for the event that all, or any portion, of the distribution payable to a Participant or his beneficiary hereunder shall, at the. exceeds $5,000, payment of the benefit shall be made: (1) in the occurs the Participants Normal Retirement Date, subject, in either case, to the provisions of section 9.1(c); or. portion of the balance to the credit of a Distributee, other than: (a) any distribution that is one of a series of Company. Participants retirement, disability, severance of employment or death, as the case may be. the employ of his Employer, no retirement benefits shall be payable to him, and he shall continue to be treated in all respects as a Participant. 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. Crediting of an Hour of Service for back pay awarded or agreed to with respect to periods described in section1.29(a)(2) shall be subject to the limitations set forth in Then log in to Publix Stockholder Online > Account Tools > Uncashed Checks and click Request Replacement and follow the instructions on the form. The establishment of this Plan shall not be considered as or reinvested in any Employer or be used for or diverted to any purpose whatsoever other than for the exclusive benefit of the Participants and their beneficiaries. expenses of implementing this Plan and the Trust. (a) A Participant shall be entitled to retire from the employ of his the mortgage of such residence, or. controlled group of corporations, within the meaning of Section414(b) of the Code, of which such Employer is a member; all other trades or businesses. Since 1930, Publix has grown from a single store into the largest employee-owned grocery chain in the United States. Any penalties will depend on your age. If the Administrator approves a Hardship (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 Period ending with such current Valuation Date that are received on Employer Securities allocated to his Company Stock 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, his Company Stock Account and his Other Investments Account after making the adjustments required in section 7.4. Currently, we are not able to service customers outside of the United States, and our site is not fully available internationally. accounting shall be used, and the Trust Fund, each separate portion of the Trust Fund and the assets thereof shall be valued at their fair market value as of each Valuation Date. suspense accounts. (2)the Participant had reentered the Will I still be able to access my W2 forms online through Publix after Ive left the company? You'll be prompted to create your Publix Stockholder Online account with a user ID and password and choose your preferred security verification method text or voice call to log in to your Publix Stockholder Online account. (d) For all purposes of this Plan, an Employees Years of Service shall include the following: (1) for persons employed in stores acquired by the Company from Kroger Company on or after November7, 1988, and before The Administrator shall determine may arise as to the status and rights of the Participants and others hereunder. For any emergencies, I just give myself a loan from my 401k :). Except to the extent otherwise required by law, the decision of the It's borderline suspicious the amount of posts there are like mine that never got a proper answer and were just flooded with "just hold onto it" responses. References to a specific section of the Code shall include references to any successor provisions. (1) Claims for benefits under the Plan may be made by a Participant, The Administrator shall establish procedures consistent with 52323 Toll-free: 1-800-741-4332 Fax: (863) 284-3302. 9.10 Qualified Domestic Relations Order. expiration of two (2)years after it shall become payable, remain unpaid solely by reason of the inability of the Administrator to ascertain the 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 include any appreciation, depreciation, dividends, other income or loss attributable to the Plans investment in Employer Securities. 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 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 bears to the sum of the average monthly balances in the Other Investments Accounts during the Valuation Period ending with the current Valuation Date of all Participants who are entitled to share in such earnings. The Administrator shall not take any action or direct the Trustee to take any action whatsoever that would result By rejecting non-essential cookies, Reddit may still use certain cookies to ensure the proper functionality of our platform. 1.41 Section 415 Compensation shall include all wages within the meaning of Section3401(a) of the Code (for purposes of We also provide online answers to common questions for your convenience. Publix 401(k) SMART Plan. such an absence. Either way the return on investment that the Publix cult likes to imply, without officially stating, is a pipe dream. I guess we'll just both have to hope I don't "loose" it. (e) expenses associated with the funeral of a Participants spouse, child, parent 14.3 Termination of Plan. retirement, death, total and permanent disability, or severance of employment as a diversification distribution. (2) in any other case, approximately five years from the date of the Participants At that rate my $1000 potentially becomes $3000 over probably a decade at best. ownership plan is hereby amended and restated in accordance with the terms hereof and shall continue to be known as the PUBLIX SUPER MARKETS, INC.

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