AUTOMATIC ENROLLMENT – NONDISCRIMINATION SAFE HARBOR.doc

I. Provisions directly affecting the Plan’s Documents and Administration: Provisions Current Law Pension Protection Act Effective Date Distributions to Active Duty Reservists 10-percent early withdrawal penalty tax is applied to amounts distributed prior to 59.5, death, or disability. Penalty-free distribution of elective deferrals to active reservists called up between 9/11/01 and 12/31/07 (for 180 days). Distribution received over 2 years may be re-contributed to IRA. 8/17/06 Rollovers by Non-spouse Beneficiaries The spouse of a deceased participant may directly rollover to an IRA. Non-spouse beneficiaries may not make such rollover to IRA. Non-spouse beneficiaries may directly rollover amounts to an IRA. No additional contributions can be directed to the IRA. Treated as “Inherited IRA” for Minimum Distribution Rules, i.e., must follow distribution election of participant. 1/1/2007 Distribution notice and Consent Period Notice of distribution required at least 30 days and no more than 90 days prior to a distribution. Notice of distribution required at least 30 days and no more than 180 days prior to a distribution. 1/1/2007 Rollover of After-Tax Amounts After-tax amounts can be directly rolled over to the same plan type or to an IRA only. The receiving plan separately accounts for the rollover amounts. After-tax amounts can be directly rolled over to a qualified plan, IRA or 403(b) tax sheltered annuity. The receiving plan separately accounts for the rollover amounts. 1/1/2007 Default Investment Options / Mapping Plan’s “default” investment option and any funds “mapped” without participant consent do not have 404(c) protection. Plan’s “default” investment option, and any funds “mapped” without participant consent would have 404(c) protection., subject to regulations to be drafted by the DOL. Default: 1/1/2007 Mapping: 1/1/2008 Plan Amendments Discretionary plan amendments must be made by the end of the plan year. Required amendments by the end of t