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Exhibit 4.4(g)
AMENDMENT NO. 1
TO
THE FINANCIAL SECURITY PLAN AND TRUST
Viking Freight, Inc., a California corporation, hereby adopts
this Amendment No. 1 to the Financial Security Plan and Trust (the "Plan").
Words and phrases used herein with initial capital letters which are defined in
the Plan are used herein as so defined. The terms of this amendment shall be
effective as of the dates indicated herein.
Section 1
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Effective as of April 1, 1995, Section 1.18 of the Plan is
hereby amended in its entirety to read as follows:
"1.18 'Eligible Employee'. An Employee of an Employer, except any
Employee:
(a) whose compensation and conditions of
employment are covered by a collective
bargaining agreement to which an Employer is
a party unless the agreement calls for the
Employee's participation in the Plan;
(b) who is treated as an Employee because he or
she is a Leased Employee; or
(c) who is a nonresident alien who either (i)
receives no earned income (within the
meaning of Code section 911(d)(2)) from
sources within the United States under Code
section 861(a)(3); or (ii) receives such
earned income from such sources within the
United States but such income is exempt from
United States income tax under an applicable
income tax convention."
Section 2
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Effective as of April 1, 1995, Section 1.29 of the Plan is
hereby amended in its entirety to read as follows:
"1.29 'Leased Employee'. Any person who, pursuant to an agreement
between a Related Company and any other person ("leasing
organization"), has performed services for a Related Company
on a substantially full-time basis for a period of at least
one year, and such services are of a type historically
performed by employees in the business field of the Related
Company. Contributions or benefits provided to a leased
employee by the leasing organization that are attributable to
services performed for a Related
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Company will be treated as provided by the Related Company. A
leased employee will not be considered an Employee of a
Related Company, however, if (a) leased employees do not
constitute more than 20% of the Related Company's nonhighly
compensated work force (within the meaning of Code section
414(n)(5)(C)(ii) and (b) such leased employee is covered by a
money purchase pension plan maintained by the leasing
organization that provides (i) a nonintegrated employer
contribution rate of at least 10% of compensation, including
amounts contributed pursuant to a salary reduction agreement
which are excludable from the leased employee's gross income
under Code sections 125, 402(e)(3), 402(h), or 403(b), (ii)
immediate participation, and (iii) full and immediate
vesting."
Section 3
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Effective as of October 15, 1996, Section 1.58 of the Plan is
hereby amended in its entirety to read as follows:
"1.58 'Trustee'. Barclays Global Investors, National Association."
Section 4
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Effective as of April 1, 1995, Section 11.2 of the Plan is
hereby amended in its entirety to read as follows:
"11.2 [Reserved]."
Section 5
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Effective as of April 1, 1995, the first two paragraphs of
Section 11.3(b) of the Plan are hereby amended in their entirety to read as
follows:
"(b) Benefit Attributable to Predecessor Plan Amounts or
Participation in the Plan While a Coles Employee:
With regard to a Participant's benefit attributable
to Predecessor Plan Amounts or his or her
participation in the Plan while a Coles Employee, a
Participant may, with Spousal Consent, elect to have
such benefit be paid in (1) a single lump sum or (2)
periodic installments over a period not to exceed the
life expectancy of the Participant and his or her
Beneficiary.
To preserve benefits protected by Code section
411(d)(6), a Participant whose Account includes
Predecessor Plan Amounts may, with Spousal Consent,
elect to have his or her benefit attributable to such
Predecessor Plan Amounts be paid in one of the
following forms:
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(1) a single life annuity, or
(2) a joint and 50%, 75% or 100% survivor annuity.
Any annuity option permitted shall be provided
through the purchase of a non-transferable single
premium contract from an insurance company which must
conform to the terms of the Plan and which shall be
distributed to the Participant or Beneficiary in
complete satisfaction of the benefit due."
Section 6
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Effective as of April 1, 1995, Section 14.2(b) of the Plan is
hereby amended in its entirety to read as follows:
"(b) Overriding Minimum Benefit. Notwithstanding, contributions
shall be permitted on behalf of Key Employees if the Employer
also maintains a defined benefit plan that automatically
provides a benefit which satisfies the Code section 416(c)(1)
minimum benefit requirements, as modified by substituting '3
percent' for '2 percent' and by increasing (but not by more
than 10 percentage points) 20 percent by 1 percentage point
for each year for which such plan was taken into account, if
applicable. If this Plan is part of an aggregation group in
which a Key Employee is receiving a benefit and no minimum is
provided in any other plan, a minimum contribution of at least
3% of Taxable Income shall be provided to the Participants
specified in the preceding paragraph. In addition, the
Employer may offset a defined benefit minimum by contributions
(other than contributions made by an Employer in accordance
with a Participant's salary deferral election or contributions
made by an Employer based upon the amount contributed by a
Participant) made to this Plan."
Section 7
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Effective as of April 1, 1995, Section 14.3 of the Plan is
hereby amended in its entirety to read as follows:
"14.3 Special Vesting
If the Plan becomes Top Heavy after the Effective
Date, all Employees shall thereafter be fully vested
in all Accounts."
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EXECUTED this 22nd day of Feb, 1997, to be effective as
indicated herein.
VIKING FREIGHT, INC.
By: /s/ R.G. Marticke
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Title: President
The provisions of this amendment that relate to the Trustee
are hereby approved and executed, to be effective as indicated herein.
BARCLAYS GLOBAL INVESTORS,
NATIONAL ASSOCIATION
Date: 3/28 , 1997 By: /s/ Dolores Upton
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Title: Principal
Date: 3/28 , 1997 By: /s/ Peter H. Sorensen
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Title: Managing Director