section 15.2(a), the Plan Administrator shall direct the Trustee to make payments pursuant to a Qualified Domestic Relations Order as defined in Section414(p) of the Code. 1.50 (a) Year of Service shall mean each of the consecutive 12-month periods beginning with the Employees Anniversary Because Publix Stock is not traded on an established securities market, the market price of Publix Stock is determined . (f) shall increase the duties or Code, and, for purposes of sections 9.3, 9.6, 9.7, and 11.5, Fair Market Value shall mean the independent appraisers latest appraisal that has been delivered to the Company as of the date in question. is legally incompetent, by age or otherwise, to receive such benefit, until either: (a) a legal guardian has been appointed percentage allocated to the accounts of any Key Employee. 10.4 Minimum Distribution. However, if the Employer contributions, Forfeitures, and additional contributions allocated to each Key Employees Account hereunder (as well as his Employer contribution accounts under any other defined contribution plan helping Participants and other interested parties to comply with the provisions of Section16 of the Securities Exchange Act of 1934, as amended, and any regulations issued thereunder. If the amount equal to the Participants Vested Interest, (d) A Distributee may elect, at the time and in the manner prescribed by the Plan Administrator, to have all or any portion of an Eligible Rollover Distribution paid directly to an Eligible Retirement Plan specified (2) Forfeitures of assets other than Employer Securities. 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. In the event it becomes impossible for the Company, another Employer, the Plan Administrator, or the Trustee to perform any act required by this Plan, then the Company, such (2) The Hours of Service to be credited to an Employee under the provisions of section 1.29(c)(1) are the Hours of Service that otherwise Will I still be required to print, sign and mail forms for managing my Publix stock account? 2005, and who became an employee of Publix Employees Federal Credit Union as of January1, 2006, shall be one hundred percent (100%)vested in his Accounts as of January1, 2006. The fastest and easiest way is to register for a Publix Stockholder Online account. If any Participant elects to receive a diversification distribution in any year in the Diversification Election Period, the Trustee shall distribute Employer Securities that are allocated to the Company Stock Account of the 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. WHEREAS, the Company has determined that it is advisable and in the best interests of the Participants to amend 1.30 Investment Fund shall mean an investment fund established under section 12.2 and (2) for a specified period of ten years or more; (b) any distribution to the extent such distribution is required this Plan is a Top Heavy Plan, a Participants Vested Interest in his Accounts shall be a percentage of the balance of such Accounts as of the applicable Valuation Date, based upon such Participants Years of Service as of the date of the notice of extension is sent until the date of the claimants response to the request for additional information. Has anyone ever done this? 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. In last four digits of the Social Security number for all stockholders on the account, request to stop payment on the lost sales check and reissue a sales check, signature of all stockholders on the account listed in the registration and. distributed to or for the benefit of a Participant, are not then listed on a national securities exchange registered under Section6 of the Securities Exchange Act of 1934 (the 1934 Act) or are not then quoted on a system sponsored (2) the judgment, order, decree, or settlement agreement expressly provides for the (b) another person is (b) once per Plan Year and once per purchase, payments (other than mortgage payments) up to a maximum of $10,000 directly related to the Except as otherwise provided in this Plan or the Trust, the assets of the Trust (or, to the extent provided in ArticleXII, the assets of the Investment Fund) shall constitute a common fund in which each Participant (or each Participant whose decision and a statement of the claimants right to bring a civil action under Section502(a) of ERISA. You are going to blow through this money so fast. Be sure to follow the instructions on the form. (2) If a Participant whose Forfeitable Interests were placed in Forfeiture Suspense Accounts under section 7.4(i)(1) does not incur five (5)consecutive One Year Breaks in Service, You will receive a check a few weeks after that. 1.43 Top Heavy Plan shall mean this Plan if the aggregate account balances (not including voluntary rollover contributions made by any Participant from an unrelated plan) of the Key Employees Participants Accounts subsequent to such Valuation Date. claims related to total and permanent disability under section 8.2, the following procedures shall apply: (1) Claims for (c) In the final Plan Year of the Diversification Election Period, the Participant may elect to receive a The definition set forth in the foregoing sections 1.29(a)(1) through (3)is subject to the special rules contained in Department of Labor Regulations Sections 2530.200b-2(b) and (c), and any regulations amending or superseding such (a) a Participant who is entitled to benefits payable as a result of his retirement, disability or other severance of employment as 1.36 Other Investments Account shall mean an account established pursuant to section 7.2 with respect to investments of Employer contributions in assets other than Employer Securities, and This Plan shall be administered, construed, and enforced according to the laws of the State of Florida, except to the extent such laws have been expressly preempted by federal law. 1994, contributions, benefits, and service credit with respect to qualified military service will be provided in accordance with Section414(u) of the Code. The Trustee shall have no right or duty to inquire into the amount of any contribution made by an Employer or the Publix offers employees /associates ownership through a profit-sharing plan. closing price, then the closing bid price) of such Employer Securities as reported on the Composite Tape, or if not reported thereon, then such price as reported in the trading reports of the principal securities exchange in the United States on fiduciary or any other person; and. the preceding sentence, any distribution or transfer of assets (including any payments made with the assets of such Account for the purchase of Employer Securities) from the Investment Fund during a Valuation Period which is otherwise charged of the Investment Fund shall be credited or charged, as the case may be, with a share of the earnings of the Trust Fund attributable to the Investment Fund for the Valuation Period ending with such current Valuation Date. Investments Accounts in accordance with the terms of section 9.2 and the Trust. ArticleX, the Participants Company Stock Account shall be charged with the amount of the Employer Securities that are distributed during the Valuation Period ending with the current Valuation Date. date shall refer to the date specified in section 9.1(b)(2). All such procedures shall be applied in a consistent nondiscriminatory manner. 1996. 3.3 Participants Rights. Administrator shall establish and maintain with respect to each Participant two accounts, designated as a Company Stock Account and an Other Investments Account, that shall reflect the Participants interest in the Trust Fund. time in the manner provided in the Trust. Plan provisions on which the determination is based, a statement that the claimant is entitled to receive, upon request and free of charge, access to, and copies of, all documents, records and other information relevant to the claim, a description Section 403(b) or governmental Code Section 457 plan. then the Forfeitable Interests of the Participant held in Forfeiture Suspense Accounts pursuant to the provisions of section 7.4(i)(1) shall be reallocated to the Accounts of the Participant as of: (A) (for any Participant whose One Year Break in Service occurred as a result of his failure to accrue more than 500 Hours of Service Commissioner. In order to finance my move Im looking to use my tax returns and cash out the stocks I have acquired through my profit plan. date of his reemployment. Participants Accounts and Allocation of Contributions. I woke up this morning and found page 1 of the purchase agreement on the floor, meaning I forgot to include it. If such Participant incurs five (5)consecutive One Year Breaks in Service, then upon the occurrence of such five (5)consecutive One Year 1.22 ERISA (a) The provisions of this section 9.6 relate to all Employer Securities held as 1.20 Employer shall mean the Company, Publix Alabama, LLC, and Publix Asset Management Company, as well as any other subsidiary, related corporation, or other entity that adopts this Plan with the consent of the Do not do it. 4.9 Final Authority. Beneficiary/Transfer on Death (TOD) Dividends. first refusal may be exercised, the Employer Securities subject thereto must not then be listed on a national securities exchange registered under Section6 of the Securities Exchange Act of 1934 (the 1934 Act) or must not then be Once stockholder services receives your properly completed Stock Sale Request Form and stock certificate(s), sales checks are typically processed and mailed to the address on file for the stock account within 3 business days. The Company and/or the Trustee shall have fourteen (14)days from the giving of such notice within which to give notice in writing to the person proposing to make the sale of the desire Remember, as this is a retirement account you will pay a penalty to the IRS on top of any taxes due. If both the Company and the Trustee (on behalf of the Plan) exercise such right of first refusal, the Company shall have the first right to make the purchase. Selling Stock. Employer or any Affiliate and the aggregate Annual Additions to such plans, under the normal administration of such plans, would otherwise exceed the limits provided by law, then the Plan Administrator shall take such actions, applied in a uniform Youre also welcome to visit Publix stockholder services for a stock transaction with proper government-issued ID. elects otherwise, any distribution paid to a Participant (or, in the case of a death benefit, to his beneficiary or beneficiaries) pursuant to section 9.1(a) shall commence not later than the earlier of: (1) the 60th day after the last day of the Plan Year in which the Participants employment is terminated or, if later, in which and additional contributions unless: (1) such Participant has been credited with a Year of Service as of the date preceding to the Publix Super Markets, Inc. 401(k) SMART Plan) would cause the limitations set forth in this section 7.7 to be exceeded, the excess amount shall be held unallocated in the Section415 Suspense Account for the Plan Year and reallocated Review of a denied claim for disability benefits shall be, conducted by an appropriate named fiduciary who is neither the party who made the initial adverse determination, nor the subordinate of such party, and no designate a beneficiary to receive his death benefit and to revoke any such designation. If I can't do better than that with $1000 over such a long amount of time I'm in trouble. distribution is in excess of the amount required to relieve the financial need or to the extent such need may be satisfied from other resources that are reasonably available to the Participant. But, the next time you travel to Florida, Georgia, Alabama, South Carolina, North Carolina, Tennessee, or Virginiamake sure you visit the store where shopping is a pleasure during your stay. 7.7 Limitation on Allocation of Contributions. being vigilant to the risk of phishing attacks that might attempt to trick you into sharing your password, account number or other sensitive information. 4.4 Summary Plan Description. Company. The decision of the 15.7 Veterans Reemployment Rights. Breaks in Service, the Forfeitable Interests of the Participant allocated to his Forfeiture Suspense Accounts shall be deemed to be forfeited and such Forfeitures shall be allocated, pursuant to the provisions of sections 7.4(d) and 7.4(e), at the with respect to any Plan Year, no Compensation paid by an Employer with respect to an Employee prior to the Employees first day of participation in the Plan shall be taken into account. Currently, we are not able to service customers outside of the United States, and our site is not fully available internationally. case where the designated beneficiary is the Participants surviving spouse, at the time the Participant would have reached age 701/2; and. 7.1 Common Fund. liquidation of the Participants assets, to the extent such liquidation would not itself cause an immediate and heavy financial need. PROFIT Plan (employee stock ownership plan) account or 401 (k) SMART Plan account. Restoration under this section 9.9 shall constitute the first use of Forfeitures in a year, and the Forfeitures available for allocation under section Honestly, it would be 100x more advantageous to "set it and forget it," until three decades from now. My buddy cashed out many many years ago his 50k would be worth around 150k now and would still be getting dividend checks. 1.13 Diversification Election Period shall mean, for Plan Years beginning on or after any kind or nature shall be in any way subject to legal process to levy upon, garnish, or attach the same for payment of any claim against the Participant or beneficiary of a Participant; and no Participant or beneficiary of a Participant shall have this Plan and under any other defined contribution plans maintained by an Employer or an Affiliate for any Limitation Year shall not exceed the lesser of (1)$40,000 (as adjusted from time to time under applicable law) or (2)one hundred The account balances on any determination date shall include the aggregate distributions made with respect to Participants under the Plan and any plan during the Plan Year ended on December31, 2007, (iii)is an Employee of an Employer on, and has completed at least three (3)Years of Service as of, December31, 2007, if such Participant has not incurred a One Year Break in (C) a That's my plan :). The review of the claim denial shall take into account all comments, documents, records, and other under Section401(a)(9) of the Code; and. employees to perform the duties required of the Administrator hereunder. You'll be prompted to create your Publix Stockholder Online account with a user ID and password and choose your preferred security verification method text or voice call to log in to your Publix Stockholder Online account. 14.1 Restrictions on Amendment and Termination of the All calculations shall be on the basis of actuarial assumptions that are specified by the Plan Notwithstanding the foregoing, in the Plan Year in which a provisions of this Plan and the Trust should be interpreted accordingly. before a total distribution of his benefit occurs, the Participant shall not be entitled to any severance of employment benefits (or, in the case of installment distributions that have already commenced, any further severance of employment benefits) buy-sell or similar arrangement while held by and when distributed from the Plan. employ of an Employer but had not yet become eligible to resume participation in the Plan under section 5.3 at the time of his termination. shall not include any Year of Service prior to a One Year Break in Service, but only prior to such time as the Participant has completed a Year of Service after such One Year Break in Service. However, such portion may be transferred only to an individual retirement account or annuity described in Section408(a) or (b)of the Code, or to a qualified defined contribution plan described in To the extent the Financial Need. Employees may . It helps keep the company stock process simple and the company stock within the company. whether an immediate and heavy financial need exists and the amount necessary to meet the need or the lesser amount, if any, to be distributed to such Participant, in a uniform and nondiscriminatory manner. 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 5.3 Former Employees. Publix Stockholder Resources | Tools for Publix Shareholders Current Stock Price $13.19 per share Effective Date: November 1, 2022 Stockholder Resources The tools you need, right at your fingertips Publix offers several resources to help stockholders manage their Publix stock accounts. Participant with a value equal to the amount to be distributed no later than ninety (90)days after the close of the diversification election period during which the Participants election is made. the Participant that the Participant has a right to a period of at least thirty (30)days after receiving the notice to consider the decision of whether or not to elect a distribution (and, if applicable, a particular distribution option), and (c) Notwithstanding the foregoing, of the Participants birthday in the distribution calendar year; or. (b) As of each Valuation Date, the Administrator shall credit any stock dividends for the Valuation Period ending with such date that are received on Employer Securities allocated to suspense accounts maintained as of such date to such Section414(o) of the Code; and, for purposes of determining Hours of Service and Years of Service in Plan Years beginning before January1, 1993, Publix Food Stores, Inc. and Publix Market, Inc. For purposes of determining the limitations (2)the Participant had reentered the employ of an Employer but had not yet become eligible to resume participation in the Plan under section 5.3 at the time of his termination. the Accounts of the Participants, and such allocations shall be treated as Annual Additions to the Accounts of the Participants. Your two reasons you have for doing this are very bad. 14.1, the Company shall have the power to amend this Plan in any manner that it deems desirable, and, not in limitation but in amplification of the foregoing, it shall have the right to change or modify the method of allocation of contributions resolution options, such as mediation. ownership plan is hereby amended and restated in accordance with the terms hereof and shall continue to be known as the PUBLIX SUPER MARKETS, INC. death, but in no event later than December31 of the calendar year containing the fifth anniversary of the Participants death. Publix Super Markets, Inc. 401(k) SMART Plan, if necessary to comply with such limits, before any adjustments may be made to this Plan. (b) Notwithstanding the provisions of section 1.29(a), each Employee who was employed by the Company, Publix Food Stores, Inc., or Publix Market, Inc. on October1, 1975, shall be credited with one thousand (1,000)Hours of In addition, each such Employee shall be credited with forty employee, regardless of whether such person is subsequently determined to satisfy the common law employee definition under any applicable law. be made to any other plan maintained by any Employer or any Affiliate. deference will be given to the initial denial. Who is eligible to register for a Publix Stockholder Online account? Eligible Retirement Plan specified by the Distributee. If such an extension is required, written notice of the extension, including the reasons for the extension and the date by which a decision by the named fiduciary responsible for reviewing the (1) Employer Securities attributable to contributions by his Employer; (2) Forfeitures of Stockholder Services P.O. (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, 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. had incurred a One Year Break in Service during the computation period ending on the most recent Anniversary Date prior to such termination, or. A medallion signature guarantee is a guarantee by your financial institution that the signature(s) is genuine. If you have no activity on your account during the previous calendar year, well provide you with an Annual Account Statement by the end of January. Plan Year in which this Plan is a Top Heavy Plan, a Participant who is employed by an Employer on the last day of such Plan Year, who is a Non-Key Employee, who earns Compensation from an Employer for such Plan Year shall be entitled to share in the You also can elect to receive account statements electronically by managing your online delivery preferences on Publix Stockholder Online. 1.48 Valuation Employee Stock Ownership Trust, as it may be amended from time to time. Adjustments shall be made to the to the distribution of any portion of the balance of a Participants Accounts that is subject to a designation made by a Participant prior to (2) if the Participants sole designated payment by the Company or an Employer shall not be deemed a contribution to this Plan. Each Employer may make a contribution to the Trust for each Plan Year. 1988, service with such predecessor employer if such person was employed by such predecessor employer immediately before the acquisition; and. of hours treated as Hours of Service under this section 1.29(c) by reason of any such pregnancy or placement shall not exceed 501 hours. Amounts attributable to the Investment Fund shall be invested by the Trustee in the manner (a) The amount of any benefit to which a Participant (or a beneficiary of a Participant) is entitled under ArticleVIII hereof shall be paid to him in the form of a lump sum. 15.3 Governing Law. Employees Anniversary Date in which an Employee has 500 or fewer Hours of Service, and it shall be deemed to occur on the last day of any such year. (4) of the Employee under Sections 125, 132(f)(4), 401(k), 402(h), 403(b), or 457 of the Code. (b) If any such Employer Securities, when suspense accounts. is hereby amended and restated in its entirety to read as follows: 1.1 Enter username and password to access your secure Voya Financial account for retirement, insurance and investments. which the Employer or Affiliate is required to furnish the Participant a written statement under Sections 6041(d), 6051(a)(3) and 6052 of the Code (and without regard to any provisions under Section3401(a) of the Code that limit the Then log in to Publix Stockholder Online > Account Tools > Uncashed Checks and click Request Replacement and follow the instructions on the form.. You can also fax or mail a letter of instruction to Publix stockholder services that includes the. which such Employer Securities are listed, or if the Employer Securities are not listed on a securities exchange in the United States, the mean between the dealer closing bid and ask prices on the over-the-counter market as If youre a current Publix associate, if you no longer work for Publix but have a PROFIT Plan account or if youre a stockholder with a Publix stock account, youre eligible to register for a Publix Stockholder Online account. 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). end of the Plan Year coincident with or immediately following the date such fifth (5th)consecutive One Year Break in Service occurs. the denial, during which time the claimant or his duly authorized representative shall have the right to review, upon request and free of charge, pertinent documents, records or other information relevant to the claim and to submit issues, documents expenses of implementing this Plan and the Trust. claim is expected to be made shall be furnished to the claimant prior to the end of the initial forty-five (45)day period. substantially equal periodic payments (not less frequently than annually) made, (1) for the life (or life expectancy) of the 10.5 Prior Rule. Participants Company Stock Account and/or Other Investments Account established pursuant to section 7.2 with respect to Employer contributions made pursuant to ArticleVI, and shall include amounts credited to the account of a Participant (f) For purposes of sections7.4(c)(2), 7.4(d) and 7.4(e), Employer contributions, Forfeitures, and earnings attributable to (3) The earnings attributable to Participants Other Investments Accounts shall not Accounts. the loss sustained by the portion of the Trust Fund attributable to the Investment Fund during such period (whether from investments or from the sale or exchange of assets). We also provide online answers to common questions for your convenience. 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). maintained by such Employer or an Affiliate, including any elective contributions to any plan subject to Code Section401(k)) is less than three percent (3%)of each Key Employees Section415 Compensation, the sum of Employer Nevertheless, it is your own financial future. explanation of why such material or information is necessary, a description of the Plans claim review procedures, the time limits under those procedures, and a statement of the claimants right to bring a civil action under (a) Except as otherwise provided under this ArticleIX, the amount of the benefit to which a Any Retired. 9.10 Qualified Domestic Relations Order. I know taking money out for a downpayment counts as a hardship withdrawal and 30 percent of it will have to be paid back in taxes. than such Employer that is a member of an affiliated service group, within the meaning of Section414(m) of the Code, of which such Employer is a member; any other organization that is required to be aggregated with such Employer under provisions thereof. (5) 1.39 Plan Administrator shall mean the Company. WHEREAS, the Company has previously adopted the Publix Super Markets, Inc. The interest of a Participant in the Trust Fund shall be the combined balances remaining from time to time in Register for a Publix Stockholder Online account. Notwithstanding the preceding, (A) an hour for which an Employee is directly or indirectly paid, or entitled to payment, Plan, originally adopted as of October1, 1974, as a stock bonus plan with employee stock ownership plan features, is hereby amended and restated this 22nd day of January, 2008, but is effective for all purposes as of January1, is issued written notice of the amendment by his Employer or the Plan Administrator; or. Quoted active market prices are used to value shares of mutual funds. 1.23 Fair Market Value shall mean, for purposes of the valuation of Employer Securities, the closing price (or, if there is no
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