BRIGHTPOINT, INC.
401(k) PLAN
(2001 RESTATEMENT)
BRIGHTPOINT, INC.
401(k) PLAN
TABLE OF CONTENTS
PAGE
----
ARTICLE I GENERAL PROVISIONS..................................................1
ARTICLE II DEFINITIONS........................................................1
ARTICLE III ELIGIBILITY AND PARTICIPATION....................................12
ARTICLE IV CONTRIBUTIONS.....................................................12
ARTICLE V ACCOUNTING AND INVESTMENTS.........................................20
ARTICLE VI VESTING AND FORFEITURES...........................................23
ARTICLE VII BENEFITS.........................................................24
ARTICLE VIII ADMINISTRATION..................................................30
ARTICLE IX CLAIMS PROCEDURES.................................................33
ARTICLE X LIMITATIONS ON RIGHTS OF EMPLOYEES AND OTHER PERSONS...............34
ARTICLE XI PROVISIONS DESIGNED TO COMPLY WITH LIMITATIONS ON
CONTRIBUTIONS AND OTHER ADDITIONS.................................35
ARTICLE XII AMENDMENT AND TERMINATION OF PLAN................................37
ARTICLE XIII PROVISIONS RELATING TO TOP-HEAVY PLAN...........................39
ARTICLE XIV MISCELLANEOUS PROVISIONS.........................................40
BRIGHTPOINT, INC.
401(k) PLAN
ARTICLE I
GENERAL PROVISIONS
Section 1.01. Designation and Purpose. This Plan is a continuation and
complete restatement of the Brightpoint, Inc. 401(k) Plan, originally effective
January 1, 1996. The effective date of the Plan, as amended and restated, is
January 1, 1999, except as otherwise provided in the Plan. For purposes of Code
paragraph 401(a)(27)(B), the Plan is designated a profit sharing plan. The
purposes of the Plan are to assist Employees in the accumulation of funds for
retirement, to encourage Employees to save, and to enhance the interest of
Employees in the efficient and successful operation of the Employer. The Plan is
designed to meet the requirements of Code subsection 401(a), 401(k), and 501(a)
and the requirements of ERISA.
Section 1.02. Trust Agreement. Effective as of the date of its
execution, the Employer entered into a Trust Agreement with the Trustee,
providing for a trust to support and implement the operation of the Plan. The
Trust Agreement, as amended from time to time, is part of this Plan.
ARTICLE II
DEFINITIONS
Section 2.01. Terms Defined. As used in the Plan, the following words
and phrases, when capitalized, have the following meanings, except when used in
a context that plainly requires a different meaning:
"Account" means the record of a Participant's interest in the Trust
Assets.
"Active Participant" means a Participant who is an Eligible Employee.
"Aggregation Group" means a Required Aggregation Group or a Permissive
Aggregation Group.
"Alternate Payee" means an "alternate payee" within the meaning of
Code paragraph 414(q)(8) who is entitled to receive benefits under the Plan.
"Annual Addition" means, with respect to a Participant for a Plan
Year, the sum of the following amounts credited to a Participant's accounts in
the Plan and in any other defined contribution plan maintained by the Employer
for the Plan Year: Employer contributions; Employee contributions (other than
Rollover Contributions); forfeitures; amounts allocated, after March 31, 1984,
to an individual medical account, as defined in Code paragraph 415(l)(2), that
is part of a pension or annuity plan maintained by the Employer; and amounts
derived from contributions paid or accrued after March 31, 1984, that are
attributable to post-retirement
medical benefits, allocated to the separate account of a Key Employee, under a
welfare benefit fund, as defined in Code subsection 419(e), maintained by the
Employer.
"Beneficiary" means the person or persons designated pursuant to
Section 7.04 to receive benefits under the Plan after a Participant's death.
"Benefit Participant" means, with respect to a Plan Year, a
Participant who (1) completes any anniversary year of service during which he
has completed 1,000 Hours of Service, (2) completes 1,000 Hours of Service
during the Plan Year, and (3) is an Active Participant on the last day of the
Plan Year or Separates from Service during the Plan Year because of death or
Disability or on or after attaining age 65.
"Board of Directors" means the Company's Board of Directors.
"Break in Service" means a Plan Year during which an Employee
completes 500 or fewer Hours of Service.
"Code" means the Internal Revenue Code of 1986, as amended from time
to time, and interpretive rules and regulations.
"Company" means Brightpoint, Inc.
"Company Stock" means common stock of the Company.
"Compensation" means, with respect to an Employee for a Plan Year, the
Employee's wages, as defined in Code subsection 3401(a), for purposes of income
tax withholding at the source, but determined without regard to any rules under
Code subsection 3401(a) that limit the remuneration included in wages based on
the nature or location of the employment or the services performed, such as the
exception for agricultural labor in Code paragraph 3401(a)(2). For Plan Years