][Form 11][ FDSTHD][01/09/04 ][Page 3 of 3 [401K Plan]][000:121203
][JAC1/87905117
Hardship Withdrawal Certification
The Internal Revenue Code (the "Code") imposes restrictions on the availability of before-tax monies from
§401(k) plans until the occurrence of one of the following: attainment of age 59 1/2; or severance of employment
(due to total disability, retirement or otherwise); or financial hardship as determined under present or future IRS
regulations (if allowed by the Plan); or death of participant; or any other reason specifically allowed under the
provisions of the Plan in which you are a participant.
Pursuant to the Code, the amount distributable upon hardship is limited. The distributable amount is limited to
the employee’s total elective deferrals as of the date of distribution, reduced by any previous hardship
distributions. Further, if the Plan allows, the distributable amount may be increased by 1) employer contributions;
and 2) the earnings allocable to the elective deferrals that were credited to your account no later than
December 31, 1988 or the end of the last Plan year ending before July 1, 1989, whichever is later.
The amount you request for hardship may not exceed the amount of your financial need. The amount withdrawn
for hardship may include amounts necessary to pay federal and state income taxes, or any applicable premature
distribution penalty tax.
Income Tax Withholding Applicable to Payments Delivered Outside the U.S.
If you are a U.S. citizen or a resident alien and your payment is to be delivered outside the U.S. or its
possessions, you may not elect out of federal income tax withholding.
If you are a non-resident alien, you must attach IRS Form W-8BEN. In general, the withholding rate applicable
to your payment is 30% unless a reduced rate applies because your country of citizenship has entered into a tax
treaty with the U.S. and the treaty provides for a reduced withholding rate or an exemption from withholding. To
obtain the IRS Form W-8BEN, call 1-800-TAX-FORM.
Contact your tax professional for more information.
Safe Harbor - Your Plan may allow for a hardship distribution based on a Safe Harbor test.
A distribution is deemed to be for an immediate and heavy financial need if it is made for any one or a
combination of the reasons specified in the Type of Hardship section of Page 1 of this form. In addition to the
rules enumerated above, a Safe Harbor hardship distribution is subject to the following additional rules:
The participant may have been required to receive all distributions (other than hardship distributions), and all
available nontaxable loans, from this and all other plans maintained by the employer (including a related
employer); and
The participant may not make any elective deferrals or after-tax contributions to the Plan for at least 6 months
(or longer if required by your Plan) after the hardship distribution to all plans maintained by the employer.