(A) The employer previously established a defined benefit plan on October 1, 1973.
(B) Entry into the Plan was frozen effective January 31, 2010 for employees who are covered under a collective bargaining agreement with the employer. After that date, no such employee shall become an active participant, and no such inactive participant or such former participant shall again become an active participant, except as stated in this chapter. All employees who are active participants in the Plan as of such date shall continue to participate in the Plan including any employee who is hired or rehired as a non-collectively bargained employee after such date as stated in this chapter. In addition, any employee promoted to a non-collectively bargained position may again enter the Plan as an active participant after such date as described herein.
(C) Notwithstanding the foregoing, entry into the Plan is frozen effective October 1, 2014 for non-collectively bargained employees. After that date, no such employee shall become an active participant, and no such inactive participant or such former participant shall again become an active participant. In addition, no employee who is promoted to a non-collectively bargained position may again enter the Plan as an active participant after such date.
(D) The accrued benefit for a participant who is covered under a collective bargaining agreement with the employer was frozen effective June 30, 2010 and no additional benefits shall accrue after such date.
(E) The plan is being restated, effective October 1, 2014, and is set forth in this chapter which is substituted in lieu of the prior chapter with the exception of any interim amendment and any model amendment that have not been incorporated into this restatement. Such amendment(s) apply to this restated Plan until such provisions are integrated into the Plan or such amendment(s) are superseded by another amendment.
(F) It is intended that the restated Plan qualify as a governmental defined benefit plan under the Internal Revenue Code of 1986, including any later amendments to the Code. The employer agrees to operate the Plan according to the terms, provisions, and conditions set forth in this chapter.
(G) The restated Plan continues to be for the exclusive benefit of employees of the employer. All persons covered under the Plan before the effective date of this restatement shall continue to be covered under the restated Plan with no loss of benefits. However, the employer may sponsor other plans such as a 457 plan or a 401 plan for inactive participants.
(H) The Plan includes the statutory, regulatory, and guidance changes specified in the 2012 Cumulative List of Changes in Plan Qualification Requirements (2012 Cumulative List) contained in Internal Revenue Service Notice 2012-76 and the qualification requirements and guidance published before the issuance of such list. The provisions of this Plan apply as of the effective date of the restatement unless otherwise specified.