4
UBS FINANCIAL SERVICES INCORPORATED OF
PUERTO RICO SAVINGS PLUS PLAN
Notes to Financial Statements
December 31, 2023 and 2022
NOTE 1
DESCRIPTION OF THE PLAN
The
following description
of
the UBS
Financial Services
Incorporated
of
Puerto
Rico Savings
Plus
Plan
(the Plan)
provides
only
general
information. Participants
should
refer
to the
Summary Plan
Description for
a more
complete
description of
the Plan’s
provisions and detailed definitions of several terms of the Plan.
Effective July 31,
2021 UBS Financial
Services Inc (the
Company) became the
Plan Sponsor for
the Plan when
UBS Financial Services
Incorporated of
Puerto Rico
was merged
with the
parent company
UBS Financial
Services Inc.
The Plan,
a defined-contribution
plan , provides retirement
benefits to eligible
employees of the
UBS Financial Services
and any of
its subsidiaries who
have adopted
the Plan and are residents
of Puerto Rico. Subject to certain exceptions, all
full- and part-time employees on the Company’s U.S.
payroll platform
and are
residents of
Puerto Rico are
eligible to participate
in the Plan
upon completion of
one hour of
service.
The Plan is subject to the provisions of the Employee Retirement Income Security Act of 1974 (ERISA), as amended.
The Plan is administered by the
Company’s Plan administrator (Head of Benefits
Americas Region). Northern Trust (the Custodian)
is the custodian of the assets and the UBS Trust Company of Puerto Rico (the Trustee) is the trustee. Alight (formerly Aon Hewitt)
is the Plan’s record-keeper and Mercer serves as the Plan’s investment advisor.
An employee is eligible to participate in the Plan on the first day of service performed for the Company.
The Plan is established
under the laws of Puerto
Rico and is subject
to Puerto Rico’s contribution
limits. All other features
of the
Plan are similar to those of the UBS 401(k) Plan.
The Plan invests in mutual funds, common collective trust funds, money market funds, the UBS Company Stock Fund (UBS Stock
Fund) and short-term investments. In addition to these investment options, the Plan allows
participants to maintain Self-Directed
Brokerage Accounts.
Effective January 1, 2021 (amendment July 1, 2021) the Plan is amended as follows:
1.
The definition of “Required Beginning
Date” in Section
2.1 is amended to read
as follows:
“Required Beginning Date”
means (i)
with respect to each
Participant who is
a Five-Percent Owner,
the April 1st of
the calendar
year following the year
in which the Participant
attains age seventy and one-half
(age seventy-two, with respect
to a Participant
who attains age seventy and one-half after December 31, 2019), and (ii) for
each other Participant, April 1st following the end of
the
calendar
year
in
which
the
later
of
the
following
occurs: (A)
the
Participant’s
date
of
retirement
or
other
termination of
employment and (B) the Participant attains
age seventy and one half (age
seventy-two, with respect to a Participant
who attains
age seventy and one-half after December 31, 2019).
2. Section 8.6 “Minimum Required Distributions” is amended in its entirety to read as follows:
Notwithstanding any other provision of
the Plan, distributions under the Plan
shall be made in accordance with
the amount and
timing requirements of Section
401(a)(9) of the US
Code. Furthermore, a Participant
who (i) is not
a Five-Percent Owner, (ii)
attains
age seventy and one-half on or after
January 1, 1999 (age seventy-two, with respect to
a Participant who attains age seventy
and
one-half after
December 31,
2019), and
(iii) is
an Employee
on April
1 of
the year
following the
year in
which the
Participant
attains
age
seventy
and
one-half
(age
seventy-two,
with
respect
to
a
Participant
who
attains
age
seventy
and
one-half
after
December 31, 2019), shall not
receive a distribution of
his Vested Account Balance until
the Participant’s Severance Date, but
in
no event
later than
April 1st
following the
year in
which such
Severance Date
occurs. Distributions
shall comply
with the
final
regulations
issued
under
Section
401(a)(9)
of
the
US
Code
in
2002.
The
requirements
of
Section
401(a)(9)
of
the
US
Code,
including
U.S. Treasury
Regulation Section
1.401(a)(9)-2
through and
including 1.401(a)(9)-9
and
the
incidental death
benefit
requirement
included in
Section 401(a)(9)(G)
of
the US
Code, to
the extent
not
otherwise expressly
reflected
in this
Plan, are
hereby incorporated
by reference. To
the extent any
provision of
the Plan is
inconsistent with such
Section of the
US Code and
regulations, the Plan provisions shall be disregarded. Notwithstanding
any other provisions in this Section 8.6
or any other section
of the
Plan to the
contrary, effective
January 1, 2020,
the Company will
suspend distribution from
the Plan required
under this
Section 8.6 and Section 8.7 to the extent such distribution would otherwise have to be paid in the 2020 calendar year (or
paid in
2021 for the 2020 calendar year for a Participant with a required beginning date of April 1, 2021), provided that a Participant or
Beneficiary may elect not to have such distributions suspended. Such election shall be made
in the manner prescribed by the Plan
Administrator. In
no event
shall the Company
suspend a distribution
from the Plan
under this Section
8.6 or Section
8.7 to the
extent such distribution would otherwise
have to be paid in any year
other than the 2020 calendar year
(or paid in 2021 for the
2020 calendar year for a Participant with a required beginning date of April 1, 2021).