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Election Form Sample

This sample is provided for general information purposes. Deferral.com does not practice law or render legal, tax or investment advice. No plan should be adopted without review and advice of legal counsel and other professional advisers familiar with the employer's business, facts and circumstances, as affected by Section 409A of the Internal Revenue Code and other applicable law.



EXHIBIT A
ABC CORPORATION, INC.

DEFERRED COMPENSATION PLAN
--PARTICIPATION AGREEMENT--

Name of Participant: ____________________________________________________

Effective Date of Participation: _____________, 200___

The Company and the undersigned Plan Administrator have designated the undersigned employee as a Participant in the above Plan. In consideration of his or her designation as a Participant, the undersigned employee hereby agrees and acknowledges as follows:

  1. That he or she has received a copy of the Plan, as currently in effect;

  2. That he or she agrees to be bound by all of the terms and conditions of the Plan, and to perform any and all acts required from him or her thereunder;

  3. That he or she has the right to elect to defer compensation under the Plan, by completing and delivering to the Payroll Department of the Company an Election of Deferral Agreement in the form and at the time specified by the Plan Administrator;

  4. That he or she has the right to designate the Beneficiary or Beneficiaries, and thereafter to change the Beneficiary or Beneficiaries, of any death benefit payable under the Plan, by completing and delivering to the Company a Beneficiary Designation in the form specified by the Plan Administrator.

IN WITNESS WHEREOF, this Agreement has been executed by the parties this ______day of _______________, 200__.

___________________________
Witness
___________________________
Employee
___________________________
Plan Administrator
___________________________
Witness
By:________________________
Its Duly Authorized Officer



This sample is provided for general information purposes. Deferral.com does not practice law or render legal, tax or investment advice. No plan should be adopted without review and advice of legal counsel and other professional advisers familiar with the employer's business, facts and circumstances, as affected by Section 409A of the Internal Revenue Code and other applicable law.

EXHIBIT B
ABC CORPORATION, INC.

DEFERRED COMPENSATION PLAN
-- ELECTION OF DEFERRAL AGREEMENT--

   This Agreement is entered into this ___ day of __________, _____ between ABC Corporation, Inc. (the "Company") and __________________________ (the "Participant").

   I acknowledge as an executive of the Company I have been offered an opportunity to participate in the ABC Corporation, Inc. 200_ Deferred Compensation Plan (the "Plan") for the calendar year beginning January 1, 200_. I am irrevocably electing the alternative set forth as indicated below:



I will participate in the Plan for the forthcoming calendar year and duly authorize the Company to make the appropriate deductions from my paycheck. I understand that my Annual Deferral Amount will be limited to a maximum in accordance with Section _____ of the Plan.

I hereby elect to defer receipt of the following portion of annual base salary and annual bonus, as set forth below:

_______ % or $ __________ of my 200_ annual base salary.

_______ % or $ __________ of my 200_ annual bonus, if any.

I hereby elect to receive distributions of my Account Balance under the Plan attributable to the foregoing election: [select one of the following]

         (i) in __ a lump sum upon my Retirement or

         (ii) in ___ equal annual installments (not to exceed 12 in number) commencing upon my Retirement

(but if I am deemed by the Plan Administrator to be a Specified Employee within the meaning of the Plan at the time of my Retirement, then no such payment shall be made or commence until six months after my Retirement).

I understand and acknowledge that this Election will be effective only for 200_.

 

PARTICIPANT

____________________________
(First Name)         (Last Name)




This sample is provided for general information purposes. Deferral.com does not practice law or render legal, tax or investment advice. No plan should be adopted without review and advice of legal counsel and other professional advisers familiar with the employer's business, facts and circumstances, as affected by Section 409A of the Internal Revenue Code and other applicable law.

EXHIBIT C
ABC CORPORATION, INC.

DEFERRED COMPENSATION PLAN
-- INVESTMENT ELECTIONS AGREEMENT--

   This Agreement is entered into this ___ day of __________, _____ between ABC Corporation, Inc. (the "Company") and __________________________ (the "Participant").

Investment Elections

I elect as investment election(s) the following Investment Options which will determine my rate of return as discussed in Section ____ of the Plan. (Each selection must have at least a 5% allocation of the Participant's Annual Deferral Amount). Please see accompanying material for a detailed explanation of Investment Options.

Investment Options

 

Participant Allocation

Fund A

  _____ %

Fund B

  _____ %

Fund C

  _____ %

Fund D

  _____ %

Fund E

  _____ %

Fund F

  _____ %

Fund G

  _____ %

Fund H

  _____ %

I understand that the Plan Administrator shall determine, in its sole discretion, whether, and if so, to what extent, the amount that I defer under the Plan, including matching contributions made by the Company on my behalf, shall be invested in the funds I have selected.

Signature of Participant _______________________________

Date _____________

 

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