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Summary Plan Description

 

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Title:

Summary Plan Description

Entities:

Kyocera Corp.

Date:

2004

Size:

Preview shows 35KB of 104KB total

Price:

$44

ID:

#1161010

 

 

► Miscellany ► Agreements ► Misc. Agreements ► Summary Plan Descriptions
► Technology ► Semiconductors

 

 

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THIS DOCUMENT CONSTITUTES PART OF A PROSPECTUS COVERING SECURITIES

THAT HAVE BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933

 

KYOCERA MITA AMERICA, INC. SAVINGS AND INVESTMENT PLAN

SUMMARY PLAN DESCRIPTION

 

September     , 2004

 

 


TABLE OF CONTENTS

 

     Page(s)

INTRODUCTION TO YOUR PLAN

   1

DISCLAIMER UNDER FEDERAL PENSION LAW

   1

DISCLAIMER UNDER FEDERAL SECURITIES LAWS

   1

ARTICLE I - PARTICIPATION IN THE PLAN

   2

Am I eligible to participate in the Plan?

   2

When am I eligible to participate in the Plan?

   2

When is my Entry Date?

   3

What happens if I'm a participant, terminate employment and then I'm rehired?

   3

ARTICLE II - CONTRIBUTIONS

   3

What kind of Plan is this?

   3

Do I have to contribute money to the Plan in order to participate?

   3

How much may I contribute to the Plan?

   3

How often can I modify the amount I contribute?

   5

Will the Employer contribute to the Plan?

   5

What is the Employer matching contribution?

   5

What is the Employer discretionary profit sharing contribution?

   5

How will the Employer discretionary profit sharing contribution be allocated to my account?

   6

What is the Qualified Non-Elective Contribution and how is it allocated?

   6

What compensation is used to determine my Plan benefits?

   6

Is there a limit on the amount of compensation which can be considered?

   7

Are there limits on how much can be contributed to my account each year?

   7

May I "rollover" payments from other retirement plans or IRAs?

   7

How is the money in the Plan invested?

   7

ARTICLE III - RETIREMENT BENEFITS

   9

What benefits will I receive at normal retirement?

   9

What benefits will I receive at early retirement?

   9

What happens if I leave the Employers workforce before I retire?

   10

What is my vested interest in my accounts?

   10

How do I determine my Periods of Service for vesting purposes?

   11

Does all my service count for vesting purposes?

   11

Does my service with another Employer count for vesting purposes?

   11

As a veteran, will my military service count as service with the Employer?

   11

What happens to my non-vested account balance if Im rehired?

   11

What happens to the non-vested portion of a terminated participants account?

   12

ARTICLE IV - DISABILITY BENEFITS

   12

How is disability defined?

   12

What happens if I become disabled?

   12


ARTICLE V - FORM OF BENEFIT PAYMENT

   12

How will my benefits be paid?

   12

May I delay the receipt of benefits?

   13

ARTICLE VI - DEATH BENEFITS

   13

What happens if I die while working for the Employer?

   13

Who is the beneficiary of my death benefit?

   13

How will the death benefit be paid to my beneficiary?

   14

When must the last payment be made to my beneficiary?

   14

What happens if Im a participant, terminate employment and die before receiving all my benefits?

   15

ARTICLE VII - IN-SERVICE DISTRIBUTIONS

   15

Can I withdraw money from my account while working?

   15

Can I withdraw money from my account in the event of financial hardship?

   15

What conditions must I satisfy to receive a hardship distribution?

   16

ARTICLE VIII - CERTAIN FEDERAL INCOME TAX CONSEQUENCES

   16

What are my tax consequences when I make salary deferral contributions to the Plan?

   16

What are my tax consequences when I receive an allocation of Employer matching or discretionary profit sharing contributions?

   17

Does my Employer receive a deduction for the matching and discretionary profit sharing contributions that it makes?

   17

Are earnings and appreciation subject to tax?

   17

What are my federal income tax consequences when I receive a distribution from the Plan?

   18

What are my federal estate tax consequences when I receive a distribution from the Plan?

   21

Do any foreign tax rules apply to participation in, contributions to, and distributions from, the Plan?

   21

NOTE CONCERNING FEDERAL TAX DISCUSSION

   21

ARTICLE IX - LOANS

   22

May I borrow money from the Plan?

   22

What are the loan rules and requirements?

   22

ARTICLE X - YOUR PLANS TOP HEAVY RULES

   23

What is a top heavy plan?

   23

What happens if the Plan becomes top heavy?

   23

ARTICLE XI - PROTECTED BENEFITS AND CLAIMS PROCEDURES

   24

Is my benefit protected?

   24

Are there any exceptions to the general rule?

   24

Can the Plan be amended?

   24

What happens if the Plan is discontinued or terminated?

   24

How do I submit a claim for Plan benefits?

   24

What if my benefits are denied?

   25

 

2


What is the Claims Review Procedure?

   26

What are my rights as a Plan participant?

   28

ARTICLE XII - GENERAL INFORMATION ABOUT THE PLAN

   29

General Plan Information

   29

Employer Information

   30

Administrator Information

   30

Trustee Information

   31

Additional Information Relating to Kyocera Corporation Stock Fund

   31

EXHIBIT A INVESTMENT FUNDS OFFERED UNDER THE PLAN

    

 

3


KYOCERA MITA AMERICA, INC. SAVINGS AND INVESTMENT PLAN

 

SUMMARY PLAN DESCRIPTION

 

INTRODUCTION TO YOUR PLAN

 

This document has a twofold purpose. First, it describes the provisions of the Kyocera Mita America, Inc. Savings and Investment Plan (the Plan). Because it describes the provisions of the Plan, this document constitutes a Summary Plan Description (SPD) with respect to the Plan as required under the federal pension law known as the Employee Retirement Income Security Act of 1974 (ERISA). Second, it provides certain information concerning certain securities that are offered for sale pursuant to the Plan. Because this document provides information concerning securities registered under the Securities Act of 1933, (the 33 Act), it also constitutes part of a prospectus covering securities that are required to be registered under the federal securities laws.

 

For ERISA purposes, this Summary Plan Description describes the Plan provisions in simple, easy to understand language. It also provides required information for plans that permit participants to choose their own investments, as required under Section 404(c) of ERISA.

 

For purposes of federal securities laws, this document provides some of the required information concerning the nature of certain employer securities offered as investments under the Plan. Other portions of the information required to be provided in the prospectus are provided in separate documents, which are annexed to this document.

 

Kyocera Mita America, Inc. (the Employer) has adopted the Plan to provide you with the opportunity to save for retirement on a tax-deferred basis. This Summary Plan Description contains valuable information regarding when you may become eligible to participate in the Plan, your Plan benefits, your distribution options, and many other features of the Plan. You should take the time to read this SPD to get a better understanding of your rights and obligations in the Plan.

 

We have attempted to answer most of the questions you may have regarding your benefits in the Plan. If this SPD does not answer all of your questions, please contact the Administrator (or other plan representative). The name and address of the Administrator can be found in the Article of this SPD entitled GENERAL INFORMATION ABOUT THE PLAN.

 

DISCLAIMER UNDER FEDERAL PENSION LAW

 

This SPD describes the Plans benefits and obligations as contained in the legal Plan document, which governs the operation of the Plan. The Plan document is written in much more technical and precise language. If the non-technical language in this SPD and the technical, legal language of the Plan document conflict, the Plan document always governs. If you wish to receive a copy of the legal Plan document, please contact the Administrator.

 

DISCLAIMER UNDER FEDERAL SECURITIES LAWS

 

You should rely only on the information contained in this document or in other documents to which we have referred you in this document. The Employer, which sponsors the Plan, has not authorized anyone to provide you with information that is different from the information contained herein. This prospectus does not constitute an offer to sell or a solicitation of an offer to buy any of these securities in any jurisdiction to any person to whom it is unlawful to make such offer or solicitation in such jurisdiction. This document may not be used for the re-offer or resale of shares acquired pursuant to the Plan described herein.


 

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