defined benefit plan

7/26/2019 Defined Benefit Plan

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DRAFT COPY

EMPLOYEES RETIREMENT PLAN

OF

ABC COMPANY

ARTICLE I

Object, Name and Effective Date

Section 1. Object

The Plan is a statement of the policy of ABC COMPANY on the retirement of its

employees, the provisions of which are embodied in this Retirement Plan document

stating all the terms and conditions whereby each employee-participant shall receive a

lump sum retirement benefit.

Section 2. Name

This Plan shall be known as the Employees Retirement Plan of ABC COMPANY

Section 3. Effective Date

The Plan shall become effective on________________________, hereinafter referred to as

the "Effective Date".

ARTICLE II

Definitions

Section 1. The following words and phrases, as used herein, shall have the meaning indicated, unless a

different meaning is plainly required by the text:

a) "Company" means ABC COMPANY

b) "Plan" means the Employees Retirement Plan of ABC COMPANY

c) "Employee" means any person in the regular employ of ABC COMPANY. It

shall not include any apprentice or anyone on a probationary, casual or temporary

basis of employment.

d) "Participant" means any employee who becomes a member of the Plan, in

accordance with Article III.

e) Fund means ABC COMPANY Retirement Fund.

f) "SSS" refers to the Social Security System of the Philippines.

g) "Plan Salary" means the final basic monthly salary but excluding any commissions,

overtime pay, bonuses or other extra compensation.

h) "Retiree" means a Participant who has retired, in accordance with the provisions of

the Plan.


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i) "Trustee" means the Trustee at any time holding the assets of the retirement fund,

in accordance with the provisions of Article VII, Section 1.

j) "Actuarial Advisor" means the actuary appointed, in accordance with the

provisions of Article IX, Section 3.

k)

"Continuous Service" means an interrupted service with the Company from date of

hire.

If the employee has incurred a break in service, credited service shall be the most

recent unbroken period of employment measured from the date of re-hire only. A

break in credited service shall be deemed to have occurred whenever an employee

voluntarily resigns, is discharged by the Company, ceases to be an employee for

any cause whatsoever or when he fails to return to the service of the Company after

an approved leave of absence.

For purposes of the benefit calculation, a fraction of at least six (6) months in acalendar year shall be considered as one whole year of credited service. A fraction

of less than six (6) months shall be considered in its exact proportion to one

calendar year.

l) The masculine pronoun, whenever used herein, shall include the feminine gender

and the singular number, whenever used herein, shall include the plural, unless the

context clearly indicates a different meaning.

ARTICLE III

Eligibility for Participation

Section 1. Employees Eligible as of the Effective Date

Any regular employee, as of the Effective Date, shall automatically become a Participant in

the Plan.

Section 2. Employees Eligible after the Effective Date

Any Employee of the Company not covered by the Plan as of the Effective Date or any

Employee hired by the Company subsequent to the Effective Date shall automatically

become a Participant in the Plan on the first day of the month coincident with or next

following his regular employment.

ARTICLE IV

Eligibility for Retirement and Benefits

Section 1. Normal Retirement

Any Participant on the first day of the month coincident with or next following his

attainment of age sixty (60) and upon completion of at least five (5) years of faithful and

continuous service with the Company shall be retired and he shall be entitled to a full

normal retirement benefit, as described in Section 2 of this Article.


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Section 2. Normal Retirement Benefit

The normal retirement benefit shall be the equivalent of one (1) plan salary per year of

service.

Section 3. Early Retirement Benefit

Upon the attainment of at least age fifty (50) with the completion of no less than ten (10)

years of service, a Participant may retire and shall be entitled to a lump sum benefit, as in

normal retirement benefit, but such benefit shall be computed with credited service up to

the date of early retirement only.

Section 4. Late Retirement Benefit

With the consent of the Company, any Participant may continue to work with the Company

beyond his normal retirement age and shall be entitled to the normal retirement benefit,

taking into account his credited service up to the late retirement date. Such extended or lateretirement shall be subject to the approval of the Company on a case-to-case and year-to-

year basis, provided that such extension shall not extend beyond the participants 65th

birthday, on which date he shall be automatically retired.

Section 5. Resignation Benefit

A Participant who voluntarily resigns from the Company with at least five (5) years of

qualifying service shall be entitled to a lump sum benefit, to be computed with credit

service up to the date of resignation. The benefit shall be further adjusted according to the

following schedule:

COMPLETED NUMBER

OF YEARS OF SERVICE

SEPARATION BENEFIT AS % OF

SALARY

Less than 5 years None

5 but less than 10 25%



20 and above 100%

Section 6. Involuntary Separation

A Participant who is terminated beyond his control due to the installation of labor-saving

devices, redundancy, or a retrenchment program initiated by the employer as a result ofmerger; or to prevent losses or other similar causes, or where the Employee suffers from a

disease and his continued employment is prohibited by law or is prejudicial to his health or

to the health of his co-employee, the Employee concerned shall be entitled to applicable

benefit under Normal Retirement Benefit, or the New Labor Code, or existing Collective

Bargaining Agreement (CBA), if there is any, or similar legislation, whichever is the

greatest. A Participant who is terminated for cause shall not be entitled to benefits under

this Plan.

Section 7. Death Benefit

In the event of death of the Participant while in the active service of the Company, his

beneficiaries shall receive a death benefit, as in normal retirement benefit, but such benefitshall be computed with credited service up to the date of his death only.


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Section 8. Total and Permanent Disability Benefit

Upon the total and permanent disability of a Participant, as determined by the Company's

physician, the Participant shall be entitled to receive the benefit, as in normal retirementbenefit, but such benefit shall be computed with credited service up to the date of his total

and permanent disablement only.

Section 9. No Other Benefits

No retirement benefits other than those previously provided in this Article shall be payable

under the Plan.

Section 10. Forfeiture of Benefits

A Participant who is dismissed for cause by the Company shall forfeit all his rights and

privileges under this Article. Benefits may also be denied by the Company if, in its opinion,any Participant has committed acts that are inimical or prejudicial to the interests of the

Company.

Section 11. No Duplication of Separation Benefits

All Benefits granted under this Plan shall be creditable or chargeable against any

retirement, death, disability and other separation or similar benefits provided by the

Company pursuant to any Collective Bargaining Agreement (CBA) or to any existing

Company Policy or to any applicable provision of the law. It is the intention of the

Company to grant only one retirement, death, disability, separation and other similar

benefits to an Employee.

Section 12. Employees' Contributions

The Company shall bear the full cost of providing the benefits from the Plan. No

contribution is to come from the Employees.

ARTICLE V

Nomination of Beneficiaries

Section 1. Nomination

Any Participant shall, upon joining the Plan, forthwith nominate in writing, in such forms

as shall be prescribed by the Retirement Committee, a person or persons to receive the

amount which may be due him in case of his death from among those enumerated

hereunder in the order specified.

a) Legitimate spouse and children;

b) Parents;

c) Brothers and Sisters; and

d) in the absence of the foregoing, any other person or entity or his estate.

The nomination must be made and executed in accordance with existing laws. Every

nomination or appointment shall remain in force until the death of the nominee or appointeeor until revoked or amended by the Participant himself by delivering to the Retirement

Committee another nomination or appointment in the prescribed form. In the event of death


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of a nominee or appointee, during the life of the Participant, the latter shall nominate or

appoint another person or persons in his stead and submit the nomination to the Retirement

Committee in the prescribed form.

Section 2. Failure to Nominate

If at the death of a Participant there shall exist no valid nomination by him of a beneficiary,

he shall be conclusively presumed to have appointed, as his beneficiary or beneficiaries, the

person or persons the first of the following classes then surviving:

a) Legitimate spouse and children;

b) Parents;

c) Brother and Sisters; and

d) his estate

Section 3. Payment to Beneficiary or Beneficiaries

On the death of a Participant, the amount standing to his credit at the time of his death shall

be made payable to the beneficiary or beneficiaries named by the deceased Participant in

the existing nomination on file with the Retirement Committee or his presumed beneficiary

or beneficiaries as provided for in Section 2 above. If a beneficiary is declared judicially

incompetent, payment to his legal guardian shall be deemed as if made to the Participant in

person and shall discharge the Fund from liability to the extent of the amount paid.

In case the beneficiary is a minor or is under any disability to give a legal discharge for

payment of the benefits, the payment of benefits shall be paid to the duly appointed judicial

guardian or, and on behalf of the minor or person under disability, except in the case where

the beneficiary is a minor and the benefits due him amount to P50,000.00 or less, paymentmay be made to his father or in his absence, the mother, in accordance with Article 225 of

the Family Code of the Philippines.

However, in no case shall the beneficiary be entitled to any interest on the amount of the

benefit during the period that payment was deferred because of the absence of a judicial

guardian.

ARTICLE VI

Contributions

Section 1. Company Contributions

a) Beginning with the Effective Date of the Plan, the Company shall contribute to

the Fund such amounts as shall be required under an actuarial study made by an

Actuarial Advisor.

b) The Company shall not be liable to any person for failure on its part to make

contributions, as provided for in this Section, nor shall any right of action accrue to

compel the Company to make such contribution.

c) While the Company intends to continue the Plan and to make such contributions to

the Fund from time to time, as shall be required under accepted actuarial principles,to maintain the Plan in a sound condition, the Company reserves the right to


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discontinue, suspend or change the rate and amount of its contributions to the Fund

at any time, as a result of financial reasons beyond the control of the Company.

Section 2 Considerations in Calculation of Fund Contributions

The Actuarial Advisor calculates the amount to be funded by the Company on the basis

of reasonable actuarial assumptions and a reasonable rate of interest which are necessary

to provide for both future and past services and which shall be credited and maintained

on the books of the Trustee.

ARTICLE VII

Financing

Section 1. The Fund

The funding of the Plan and payment of the benefits hereunder shall be provided forthrough the medium of a Fund held by the Trustee under an appropriate Trust Agreement.

The contributions of the Company to the Fund so created, together with the gains and

losses, realized and unrealized, less expenses, shall constitute the Retirement Fund.

Section 2. Interest in the Fund

a) No Participant or Retiree shall have any right, title or interest to any part of the

assets of the Fund, except as and to the extent expressly provided for in the Plan.

b) Any Participant or Retiree having a right or claim under the Plan shall look solely

to the assets of the Fund. In no event shall the Company or its officers, directors or

stockholders be liable jointly or severally, to any person whomsoever on account ofany claim arising by reason of the provisions thereof.

Section 3. Irrevocability

The Company shall have no right, title or interest in the contributions made by it to the

Trustee and no part of the Fund shall accrue to the Company except after satisfaction of all

liabilities of the Plan.

ARTICLE VIII

Effect of Social Legislation

Section 1. Social Security System

Except as otherwise provided, whatever benefits may be due the Participant or Retiree on

account of the Social Security System, shall not be deducted from the benefits granted

under the Plan.

Section 2. Other Laws and/or Government Awards, Rules and Regulations

Except only as provided in the next preceding Section hereof, in the event that the

Company is required under the laws or by lawful order of competent authority to give to its

Employees any separation pay, or retirement benefits under the Collective BargainingAgreement (CBA), if there is any, or other benefits or emoluments similar to or analogous

to those herein already provided, the Employee concerned shall not be entitled to both what


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the law or the lawful order of competent authority requires the Company to give and the

benefits herein provided but shall be entitled to the greatest benefit. Payment of the benefits

under this Plan shall be in lieu of all other benefits under the New Labor Code or similar

legislation, if such benefits are greater than the latter; otherwise, the benefits under this Plan

shall form part of the benefits stipulated under such legislation.

ARTICLE IX

Administration

Section 1. General Administration

The Company shall be responsible for the general administration of the Plan and for

carrying out the provisions thereof.

Section 2. Retirement Committee

a) The Company may appoint a Retirement Committee consisting of not less than

three (3) persons. In the event that a member is absent from a meeting of the

Committee, his alternate may attend and when in attendance, shall exercise the

duties of the member. The Committee may appoint a member or alternate to fill in

any vacancy.

b) The Retirement Committee shall meet for the transaction of business, at such time

as may be mutually agreed upon by its members.

c) The duties of the Retirement Committee shall consist of the following

functions solely as they relate to the Plan:

1) To carry out rules and procedures, as set forth in this Plan, to be followed

by Participants in filing applications for benefits and for furnishing proofs

necessary to establish their age and continuous credited service, in

accordance with the rule of eligibility for benefits under this Plan.

2) To find facts and determine the rights of any Participant applying for

retirement benefits and to afford any applicant or the Company dissatisfied

with any finding or fact determination, the right to a hearing.

3) To apply the procedures set forth in the Plan for establishing and verifying

the credited service of the Participant and after affording the Participant

and the Company an opportunity to object, to determine the credited

service of Participant at or before retirement.

4) To formally advise the Company of each Participant when retired, and

furnish such data as are necessary for the Company to cause payment of

benefits to the Participant in accordance with the provisions of the Plan.

5) To prepare and distribute information explaining the provisions of the

Plan.

d) The expenses of the Retirement Committee shall be paid from the Fund.

e) The Company shall furnish to the Retirement Committee, when requested, such

information as to age, sex and service of the Participant covered under this Plan, as


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the Retirement Committee may reasonably request, but in no event shall the

Company be required to furnish the Retirement Committee with data not furnished

by it to the Actuarial Advisor chosen by it to make initial and periodic valuations

of the liabilities of the Plan.

Section 3. Appointment of an Actuarial Advisor

The Company may consult with an Actuarial Advisor, independent of the Company to

perform all necessary actuarial and related technical services in connection with the

operation of the Plan.

ARTICLE X

Amendment and Termination

Section 1. Future of the Plan

Although it is expected that the Plan shall continue indefinitely, it may be amended or

terminated at any time by the Company, in the event of adverse factors beyond its control,

but no such action shall operate to permit any part of the assets of the Fund to be used for,

or diverted to purposes other than for the exclusive benefit of the Participants or Retirees,

nor shall such action, except to the extent required to permit the Plan to meet the

requirement of any governmental authority, affect adversely in any way any rights

theretofore acquired by the Participants or Retirees.

Section 2. Priorities in Payment of Benefits in Case of Termination of Plan

In the event that the Plan is terminated, in accordance with Section 1 of this Article, the

following priorities in the payment of benefits shall be observed:

a) A sum sufficient to provide for payment in full of late and normal retirement

benefits due to Participants who have attained normal retirement age, or to

beneficiaries of those who died; and benefits to those who are totally and

permanently disabled who were not yet paid, on a pro-rata basis, if the trust fund is

not sufficient.

b) If there is a balance left after paying those in (a), a sum sufficient to provide for

payment in full of any early retirement benefits due to Participants, on a pro-rata

basis, if the amount is not sufficient.

c) If there is a balance left after paying those in (a) and (b), a sum sufficient to provide

for payment to Participants equivalent to the present value of their accrued

benefits, on a pro-rata basis, if the amount is not sufficient.

d) If there is a balance left after paying those in (a), (b) and (c), the amount shall

revert to the Company.


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ARTICLE XI

Miscellaneous

Section 1. Non-Transferability of Benefits

Neither the Company nor the Plan shall, in any manner, be liable for or be subject to the

payment of any debt or liability of any Participant or his beneficiaries. No benefit payable

at any time under the Plan shall be subject to alienation, sale, transfer, assessment, pledge,

attachment or encumbrance of any kind.

Section 2. Applicable Laws

The Laws of the Republic of the Philippines shall govern in resolving any questions under

the Plan.

Section 3. Bureau of Internal Revenue Regulations

The rules and regulations of this Plan have been designed to meet the requirements of the

Bureau of Internal Revenue regulations for a tax-qualified plan. The company reserves the

right to amend any provisions of the Plan in order that it shall maintain its tax-qualified

status in accordance with the present and future Bureau of Internal Revenue regulations.

Section 4. Superseding of Any or All Existing Retirement Plan

This Retirement Plan shall supersede any or all existing retirement plans as of the Effective

Date.

Approved:

ABC COMPANY

By:

___________________________________

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