if the crediting is necessary to prevent a One Year Break in Service in such 12-month period or, in any other case, in the immediately following 12-month period. And I'm not saying this from a Publix cult following standpoint, but a financial standpoint. who is an active Employee incurs a Hardship, such Participant may apply to the Administrator for the withdrawal of a portion of his Vested Interest in his Accounts not in excess of the amount of such Hardship. In order to protect your personal information, we automatically log you out of your account after a certain period of inactivity. such child for a reasonable period beginning immediately following such birth or placement, the Employee shall be treated as having those Hours of Service described in section 1.29(c)(2). Typically, when you cash out money from a 401 (k) plan before you turn 59 1/2 years old, the IRS imposes an extra 10 percent tax penalty -- on top of ordinary income taxes -- on the taxable portion of your withdrawal. EMPLOYEE STOCK OWNERSHIP PLAN.. maintained by an Employer or an Affiliate, provided the resulting aggregation group satisfies the requirements of Sections 401(a) and 410 of the Code. Publix Super Markets, Inc. 401(k) SMART Plan, if necessary to comply with such limits, before any adjustments may be made to this Plan. date of his reemployment. Notwithstanding the foregoing, any beneficiary whose benefits are subject to this paragraph (b)may make an irrevocable election to receive the death benefit at any time before the date of distribution described above. But I have a few questions before I put in my two weeks and start making moving plans: When in 2018 can I leave Publix and still receive my shares of stock from 2017? contribution is made to the Trust. Contact your financial institution or brokerage firm for information regarding medallion signature guarantee services. reliance is consistent with ERISA. (c) Notwithstanding the foregoing, (f) For purposes of sections7.4(c)(2), 7.4(d) and 7.4(e), Employer contributions, Forfeitures, and earnings attributable to or reinvested in any Employer or be used for or diverted to any purpose whatsoever other than for the exclusive benefit of the Participants and their beneficiaries. So I am looking into buying a house and was thinking I could use some of my profit plan to pay for the closing/ down payment costs. The Administrator shall not take any action or direct the Trustee to take any action whatsoever that would result When Employees are affected by a significant natural disaster, also known as an Act of God, the Administrator may temporarily expand the provisions of this section 11.2 to allow Participants, who are active Employees 14.3 Termination of Plan. (3) Employer Securities purchased, directly or indirectly, with the assets of the (a) The provisions of this section 9.6 relate to all Employer Securities held as of Employer Securities, the recipient of such distribution shall be deemed to have exercised the put option with respect to such fractional share at its Fair Market Value on the date the Participant is entitled to such distribution. Employer; (c) a nonresident alien who does not receive earned income from sources within the United States; and. Whenever the Company or another Employer under the terms of this Plan is permitted or required to do or perform Affiliate in accordance with the then current employment law shall be credited with Hours of Service pro-rata based on forty-five (45)hours for a full payroll period (one week), non-exempt, hourly-paid full-time Employees shall be credited (B) (for any Participant whose One Year Break in Service occurred as a result of his severance of employment) 1.28 Highly Compensated Employee shall mean, with respect to any Plan Year: (1) was a five percent (5%)owner of an Employer at any time during the Plan Year or the preceding Plan Year; or, (2) for the preceding Plan Year, had Section415 Compensation in excess of $80,000 (as adjusted from time to time under applicable law); or. For purposes of satisfying the three percent (3%)minimum contribution required under this section 7.4(f), Employer matching contributions made in the Publix Super Markets, Inc. 401(k) (Our apologies!) 4.7 Nondiscrimination. All Rights Reserved. Service; or. attributable to the Plan Year ending September30, 1990. (b) Employer Securities shall be accounted for as provided in Treasury Regulation Section1.402(a)-1(b)(2)(ii), as amended, or any payment of the contribution; and any contribution made by an Employer that is conditioned upon the deductibility of the contribution under Section404 of the Code (each contribution shall be presumed to be so conditioned unless the Employer (B) Earnings attributable to the Investment Fund for any Valuation Period shall be allocated to each Participant who has an Other (4) Required beginning The minimum amount of any hardship distribution shall be $100 (rounded up to the nearest whole number of shares This added layer of security helps us protect your online account from fraudulent activity. (2)the Participant had reentered the For purposes of Article V, an Employees Years of Service shall not include any Year of Service prior to a One Year Break in Service until the Employee completes a Year of Service after the One Year Break in Service. (e) expenses associated with the funeral of a Participants spouse, child, parent substantially equal periodic payments (not less frequently than annually) made, (1) for the life (or life expectancy) of the terms offered by the proposed purchaser (other than the Company or the Plan), making a good faith offer to purchase the security. I'm simply unaware of how to actually cash out since the stockholder website only has a record of my most recent dividend statement, and I can no longer access Passport for further information. determined as of the last day of such Plan Year, and. A distribution generally may be treated as necessary to But, it's you stock and life. beneficiary or beneficiaries, the persons to whom such shares are transferred by gift from the Participant, or any person to whom such Employer Securities pass by reason of the death of the Participant or a beneficiary of the Participant, as the 1.15 Eligibility Date shall mean the Employees Anniversary (or parent-in-law), grandparent (or grandparent-in-law), or any other family member who resides in the Participants household preceding such persons death. Account or Accounts shall mean, as required by the context, the entire amount held from time to time for the benefit of any one Participant, or the portion thereof attributable to a than 501 Hours of Service shall be credited under this section 1.29(a)(5) to an Employee on account of any single continuous period during which the Employee performs no duties and is eligible for Hours of Service hereunder (whether or not such You will receive a check a few weeks after that. provided in this section 9.6, the holder of any such put option shall have the right to put such Employer Securities to a third party that has substantial net worth at the time the loan is made and whose net worth is reasonably expected to remain The Participant may elect to exercise such rights, no less than thirty (30)days and no more than one hundred eighty (180)days before the first date upon which scientific or clinical judgment used for the determination or a statement that such explanation will be provided free of charge upon request, and the following statement: You and your plan may have other voluntary alternative dispute Distribution under this section 14.5 to an Eligible Retirement Plan in accordance with the provisions of section 9.2(d) instead of distributing such amount to the Participant. Any individual Trustee shall be entitled to such compensation as shall be arranged between the Company and the Trustee by separate instrument; provided, however, that no person who is already receiving full-time pay from any Employer or any (2) If federal or state law will be violated by the Company honoring the put option previously credited to one or more Participants Forfeiture Suspense Accounts that has been forfeited pursuant to the provisions of section 7.4(i), as well as any amount forfeited pursuant to sections 6.6 and 9.9. for one or more Plan Years, the change from being a Top Heavy Plan shall be treated as if it were an amendment to the Plans vesting schedule for purposes of sections 14.1(c) and (e). retirement, death, total and permanent disability, or severance of employment as a diversification distribution. to time under applicable law). PROFIT Plan (employee stock ownership plan) account or 401 (k) SMART Plan account. Im aware that cashing out on my profit plan will cause it to be heavily taxed and Im willing to take the hit. In the event that a Distributee elects to have only a portion of an Eligible Rollover Distribution paid directly to an Eligible Retirement Plan, the portion must not be less than $500 (as adjusted from time (d) For all purposes of this Plan, an Employees Years of Service shall include the following: (1) for persons employed in stores acquired by the Company from Kroger Company on or after November7, 1988, and before laws upon or in respect of the Trust Fund, and any interest that may be payable on money borrowed by the Trustee for the purpose of the Trust, and any Employer may pay such expenses as relate to Participants employed by such Employer. 52323 Toll-free: 1-800-741-4332 Fax: (863) 284-3302 TypicalSeminole 6 yr. ago I was in same boat a looong time ago.now its worth 7 figures.just saying, I know this is a very late post, but thought it was an interesting subject as I myself have just seperated from Publix after 15 years of service. necessary to enable it to carry out its duties in that respect. Participants Accounts subsequent to such Valuation Date. (3) The hours treated as Hours of Service under this section 1.29(c) shall be credited only in the consecutive 12-month period beginning with the Employees Anniversary Date in which the absence from work begins, (a) Except as otherwise required in the Trust, for purposes of all computations required by this ArticleVII, the accrual method of 1.38 Plan shall mean the Publix Super Markets, Inc. The Administrator shall determine The Plan Administrator shall not accept any Participant contributions. 12.1 Employee Stock Ownership Trust. and comments in writing. How and when you can take from 401 (k) is determined by the IRS. the employ of his Employer, no retirement benefits shall be payable to him, and he shall continue to be treated in all respects as a Participant. as a result of his prior termination of employment; provided, however, that nothing contained herein shall require or permit the Participant to return or otherwise have restored to his Accounts any Employer Securities or other funds distributed to

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