Robert D. Booth and Janice Booth, et al. - Page 24

                                       - 24 -                                         
               Neither Prime nor its actuaries ever implemented the Trust             
          provisions requiring an annual calculation of experience gains              
          and losses.  Prime changed its method of calculating experience             
          gains and losses effective June 30, 1990, because the unexpected            
          number of accounts which incurred experience gains created a                
          significant concern among the plan participants and their                   
          advisers.  Prime believed that this could potentially create non-           
          recoverable Suspense Account assets and alarm plan participants.            
          Prime wanted to reduce the amount of experience gain subject to             
          forfeiture and find a way to allow Suspense Account distribution            
          on withdrawal.                                                              
               6.  Employer Withdrawal From the Prime Plan                            
               Employers could withdraw from the Prime Plan at any time by            
          submitting written notification to Prime, accompanied by                    
          documentation showing that the necessary ownership interest of              
          the employer had approved the withdrawal.  The necessary                    
          ownership interest was the percentage listed by that employer in            
          its Adoption Agreement.  If an employer failed to pay Prime's               
          annual administrative fee, Prime had the sole discretion to force           
          that employer to withdraw from the Prime Plan.                              
               Upon an employer's withdrawal, assets were distributed to              
          all living Covered Employees who were employed during the period            
          that began 18 months before Prime's receipt of the notice.                  
          Excess assets remaining in the Trust allocable to the Employee              
          Group after payment of all benefits and the employer's share of             




Page:  Previous  14  15  16  17  18  19  20  21  22  23  24  25  26  27  28  29  30  31  32  33  Next

Last modified: May 25, 2011