Exhibit 4.13
AMENDMENT NUMBER FOUR
TO THE
RITE AID 401(K) DISTRIBUTION EMPLOYEES SAVINGS PLAN
(Amended and Restated Effective January 1, 2001)
WHEREAS, Rite Aid Corporation (the "Corporation") has the authority
under the Rite Aid 401(k) Distribution Employees Savings Plan (the "Plan") to
amend the Plan in any respect at any time; and
WHEREAS, the Plan was completely amended and restated effective
January 1, 2001; and
WHEREAS, the Corporation now wishes to amend the Plan, effective as
of January 1, 2003, to (i) eliminate after-tax contributions under the Plan,
except as provided for purposes of correcting excess contributions, (ii)
eliminate the suspension period on employee contributions after a distribution
due to hardship, and (iii) eliminate the plan administrator's discretion in
determining what constitutes financial hardship for a hardship distribution.
NOW, THEREFORE, the Plan is hereby amended, effective as of the dates
set forth below, as follows:
1. The subsection entitled "Voluntary Contributions" of Section 5.1 is
hereby amended in its entirety, effective as of the date hereof, to
read as follows:
"Voluntary Contributions.
No after-tax contributions ("Voluntary Contributions") are
permitted by Participants under the Plan, except to the extent
provided under Section 5.7(e)."
2. The first paragraph of Section 5.4 of the Plan is hereby amended in
its entirety, effective as of the date hereof, to read as follows:
"Salary-Reduction Contributions that have been accumulated
through payroll deductions will be paid to the Funding Agent by the
Trustee."
3. Section 5.5 of the Plan is hereby amended in its entirety, effective
as of the date hereof, to read as follows:
"5.5 Discontinuance of Salary-Reduction Contributions
Upon advance notice in accordance with procedures and in the
form and manner prescribed by the Administrator, a Participant may
discontinue all, or a portion, of his Salary-Reduction Contributions
at any time. He may recommence any Salary-Reduction Contributions at
any time upon advance notice in accordance with procedures and in the
form and manner prescribed by the Administrator."
4. Subsection 5.8 of the Plan is hereby deleted in its entirety,
effective as of the date hereof.
5. Section 7.6 of the Plan is hereby amended, effective as of the date
hereof, by deleting the entire subsection entitled "Voluntary
Contributions."
6. The last paragraph of the subsection entitled "Salary-Reduction
Contributions" of Section 7.6 of the Plan is hereby amended,
effective as of January 1, 2003, in its entirety to read as follows:
"However, if a Participant receives a hardship distribution,
his right to elect a Salary-Reduction Contribution under this Plan
and any other plan sponsored by the Employer shall be suspended for
12 months after the receipt of such distribution; provided, for
distributions after December 31, 2001, the suspension period shall be
a six-month period. Further, the Participant may not elect a
Salary-Reduction Contribution for his Taxable Year immediately
following the Taxable Year of the hardship distribution in excess of
the applicable limit under Code section 402(g) for such Taxable Year
less the amount of such Participant's Salary-Reduction Contribution
for the Taxable Year of the hardship distribution. Anything herein to
the contrary notwithstanding, effective as of January 1, 2003, no
such suspension period, or reduction in Salary-Reduction
Contributions, shall apply."
7. The definition of "Financial Hardship" in Section 7.6 of the Plan
under the subsection entitled "Salary-Reduction Contributions" is
hereby amended, effective as of January 1, 2003 by adding the word
"or" after paragraph (d), by deleting the ", or" after paragraph (e)
and adding a period, and by deleting paragraph (f).
8. Section 7.6 of the Plan under the subsection entitled
"Salary-Reduction Contributions" is hereby further amended, effective
as of the date hereof, by deleting the second paragraph following the
definition of "Financial Hardship."
9. The third sentence of the last paragraph of Section 7.7(a) of the
Plan is hereby amended, effective as of the date hereof, to read as
follows:
"However, to the extent the loan is attributable to the
Participant's Salary-Reduction Contributions Account, the Employer's
Qualified Matching Contributions Account (if any) or the Employer's
Qualified Non-Elective Contributions Account (if any), attachment of
security shall not occur until the Participant separates from
service."
10. In all other respects, the provisions of the Plan shall remain in full
force and effect.
IN WITNESS WHEREOF, this Amendment has been executed this 27th day of
May, 2003.
RITE AID CORPORATION
By: /s/ Robert B. Sari
-----------------------------
Name: Robert B. Sari
Title: Senior Vice President,
General Counsel and
Secretary