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<br />Explanation of Substantive Changes <br /> <br />The IRS issued model amendments incorporating the provisions of Economic Growth and Tax <br />Relief Reconciliation Act of 2001 (EGTRRA), the final regulations, and other pertinent IRS <br />rulings and related legislation. Although the model amendments are for guidance only and do <br />not have the effect of law, they have been incorporated into your 457(b) governmental Plan to <br />the extent applicable. <br /> <br />The following is a brief description of modifications to the Plan document consistent with the final <br />457(b) regulations, the 457(b) model amendments, subsequent IRS guidance, proposed regulations, <br />and other pertinent legislation. The specific Plan section is included so that you can refer to the Plan <br />document. The Plan Document will be effective January 1, 2006. <br /> <br />ARTICLE I <br />Definitions <br /> <br />Account Balance - Account balance is a new term adopted by the IRS in the model amendments. <br />The account balance is defined as the bookkeeping account maintained for each participant in the <br />Plan. Within the account balance are sub-accounts, such as Plan Sponsor contributions, eligible <br />rollover account(s), and plan-to-plan transfers into the Plan. Beneficiaries and alternate payees have <br />separate account balances. [Section 1.01 (b)] <br /> <br />Alternate Payee - An alternate payee is a person entitled to receive a benefit through a Domestic <br />Relations Order (DRO). DROs are now a standard feature of your Plan. [Section 1.01 (c)] <br /> <br />Includible Compensation - This Plan adopts the model amendments' definition of includible <br />compensation, to determine 100% of includible compensation contribution limit. Includible <br />compensation is defined as W-2 compensation adjusted for elective deferrals. [Section 1.01 (D] <br /> <br />Normal Retirement Age - The normal retirement age has not been modified and remains age 65, <br />unless otherwise designated. However, the Plan now includes the special rule for determining <br />normal retirement age applicable to police and firefighters. The final 457 regulations permit qualified <br />police and firefighters to use an earlier normal retirement age, but no earlier than age 40. [Section <br />1.01 (m)] <br /> <br />Definition of Spouse - The Plan adopts the definition of spouse under the federal Defense of <br />Marriage Act (DOMA), which is a person of the opposite sex who is a husband or wife. [Section <br />1.01 (u)] <br /> <br />ARTICLE II <br />Election to Defer Compensation <br /> <br />Deferrals During Leaves of Absence and Disability - Participants on leave of absence and <br />participants who are disabled may continue to make deferrals to the extent that compensation <br />continues to be paid. Disability benefits do not constitute a continuation of compensation. [Section <br />2.07 and 2.08] <br /> <br />Amended and Restated 457(b) Governmental Plan Document <br />Nationwide Retirement Solutions, Inc., December 31, 2005 <br /> <br />Page 2 of 4 <br />