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<br />ARTICLE III <br />Limitations on Amounts Deferred <br /> <br />Aggregation with Other 457(b) Plans - The 2003 final regulations require aggregation of 457(b) <br />governmental plan contributions whether or not the plans are related. If the participant is <br />contributing to an unrelated 457(b) governmental plan as well as to your 457(b) Plan and the <br />contributions cause the participant to exceed the limits, the plans will not lose their tax-favored <br />status. The Plan places the responsibility on the participant to provide participation information to <br />the Plan Sponsor to monitor annual deferral limits. [Section 3.04] <br /> <br />Correction of Excess Deferrals - The model amendments permit the Plan to unilaterally correct <br />excess deferrals during the plan year. Nationwide will distribute the excess deferrals at your direction <br />as soon as administratively practicable. [Section 3.05] <br /> <br />Deferrals from Certain Sick Pay. Vacation Pay. and Back Pay - The proposed regulations <br />recently issued by the IRS regarding Internal Revenue Code, as amended, Section 415 include a <br />proposed amendment to Treasury Regulations 1.457-4(d) regarding deferrals of sick, vacation and <br />back pay for former employees. Such deferrals may be made within 2 1/2 months following severance <br />from employment. This applies also to compensation paid to participants who are permanently and <br />totally disabled, and compensation paid to participants relating to qualified military service under <br />IRS Code section 414(u). [Section 3.06] <br /> <br />ARTICLE IV <br />Plan Sponsor Contributions <br /> <br />Plan Sponsor Contributions - Although not included in the model amendments, the Plan <br />continues to permit the Plan Sponsor to make contributions should it desire to do so. [Section 4.01] <br /> <br />ARTICLE V <br />Distribution of Benefits <br /> <br />Benefit Distributions under Annuity - The model amendments assume that there is a trust for an <br />eligible 457(b) governmental plan is a trust. However, this Plan permits the use of a trust, custodial <br />agreement and/or an annuity contract. <br /> <br />In-Service Distributions from Eligible Rollover Accounts - IRS Revenue Ruling 2004-12 <br />permits distributions of rollovers to the extent such rollovers are maintained in a sub-account. The <br />Plan maintains separate accounting for rollovers into the Plan making such rollovers eligible for in- <br />service distributions. [Section 5.08] <br /> <br />Unforeseeable Emergency Distributions - The 2003 final regulations permit participants and <br />beneficiaries to take unforeseeable emergency distributions. The model amendments provide that <br />only participants are eligible for unforeseeable emergencies. Presumably this is because beneficiaries <br />are entitled to take distributions at any time. For this reason, the Plan refers only to participants <br />being eligible for unforeseeable emergency distributions; beneficiaries are eligible for distributions at <br />any time. [Section 5.09] <br /> <br />Due to emergency legislation enacted as a result of Hurricanes Katrina, Rita, and Wilma, a provision <br />has been incorporated that permits the Plan to amend its criteria for unforeseeable emergency <br />distributions accordingly without the need to further amend the Plan document. <br /> <br />Amended and Restated 457(b) Governmental Plan Document <br />Nationwide Retirement Solutions, Inc., December 31, 2005 <br /> <br />Page 3 of 4 <br />