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<br />4938-6770-8028 v1 -54 - <br /> <br /> <br /> <br />__________________________ <br />Connie Martinez <br /> <br /> <br />__________________________ <br />Serjio Martinez <br /> <br /> <br />__________________________ <br />Tommy McCoy <br /> <br /> <br />__________________________ <br />Erika NewsomeThinh Lucero <br /> <br /> <br />__________________________ <br />Ania Pawlak <br /> <br /> <br /> <br />Addendum A – <br /> <br /> <br />__________________________ <br />Chris Ota <br />APPENDIX A – Definition of Unforeseeable Emergency <br /> <br />For purposes of Section 12.6, the following is the definition of "unforeseeable emergency" as <br />defined by Treasury Regulation § 1.457-6(c)(2): <br /> <br />An "unforeseeable emergency” is a severe financial hardship of the participant or beneficiary <br />resulting from an illness or accident of the participant or beneficiary, the participant's or <br />beneficiary's spouse, or the participant's or beneficiary's dependent (as defined in section 152, <br />and, for taxable years beginning on or after January 1, 2005, without regard to section 152(b)(1), <br />(b)(2), and (d)(1)(B)); loss of the participant's or beneficiary's property due to casualty (including <br />the need to rebuild a home following damage to a home not otherwise covered by homeowner's <br />insurance, such as damage that is the result of a natural disaster); or other similar extraordinary <br />and unforeseeable circumstances arising as a result of events beyond the control of the <br />participant or the beneficiary. For example, the imminent foreclosure of or eviction from the <br />participant's or beneficiary's primary residence may constitute an unforeseeable emergency. In <br />addition, the need to pay for medical expenses, including non-refundable deductibles, as well as <br />for the cost of prescription drug medication, may constitute an unforeseeable emergency. Finally, <br />the need to pay for the funeral expenses of a spouse or a dependent (as defined in section 152, <br />and, for taxable years beginning on or after January 1, 2005, without regard to section 152(b)(1), <br />(b)(2), and (d)(1)(B)) of a participant or beneficiary may also constitute an unforeseeable <br />Page 121 of 200