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DWT 13532921v2 0050923-000001 SUMMARY PLAN DESCRIPTION OF THE FIRSTSERVICE REAL ESTATE ADVISORS, INC. AND AFFILIATED EMPLOYERS 401(k) PLAN AND TRUST As in Effect: August 25, 2009 EIN: 41-2227433 Plan No. 002

SUMMARY PLAN DESCRIPTION OF THE FIRSTSERVICE REAL … states/benefits/main... · Employers 401(k) Plan and Trust (the “Plan”): To provide you with a convenient and tax-advantaged

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Page 1: SUMMARY PLAN DESCRIPTION OF THE FIRSTSERVICE REAL … states/benefits/main... · Employers 401(k) Plan and Trust (the “Plan”): To provide you with a convenient and tax-advantaged

DWT 13532921v2 0050923-000001

SUMMARY PLAN DESCRIPTION

OF THE

FIRSTSERVICE REAL ESTATE ADVISORS, INC.

AND AFFILIATED EMPLOYERS

401(k) PLAN AND TRUST

As in Effect: August 25, 2009 EIN: 41-2227433 Plan No. 002

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TABLE OF CONTENTS Page

SECTION I. INTRODUCTION. ................................................................................................... 1 1. Why Does Your Employer Have a 401(k) Plan? ................................................................ 1 2. What Are the Advantages of Participating in the Plan? ..................................................... 2

SECTION II. PLAN ADMINISTRATION. .................................................................................. 2 1. How Is the Plan Administered? .......................................................................................... 2 2. Who Are the Plan Sponsors? .............................................................................................. 3 3. What Is the Plan Year? ....................................................................................................... 3

SECTION III. ELIGIBILITY. ....................................................................................................... 3 1. How Do I Become Eligible to Participate in the Plan? ....................................................... 3 2. When Am I Enrolled in the Plan? ....................................................................................... 4

SECTION IV. 401(k) TAX-DEFERRED CONTRIBUTIONS. ................................................... 4 1. What Are 401(k) Tax-Deferred Contributions? .................................................................. 4

a. How Do I Elect to Make 401(k) Tax-Deferred Contributions? ...................................... 4 b. How Much Can I Contribute Through 401(k) Tax-Deferred Contributions? ................ 4 c. Can I Change the Amount I Contribute Through Tax-Deferred Contributions? ............ 5 d. Are There Any Additional Limits on How Much I Can Contribute to the Plan? ........... 6 e. Make I May Additional “Catch-up Contributions” to the Plan? .................................... 6

2. May I Make Rollover Contributions to the Plan? ............................................................... 7 3. May I Make Voluntary Nondeductible (After-Tax) Contributions to the Plan? ................ 7

SECTION V. EMPLOYER CONTRIBUTIONS. ......................................................................... 7 1. What Does My Employer Contribute? ............................................................................... 7 2. How Are Employer Discretionary Contributions Made to the Plan? ................................. 7 3. How Are Employer Discretionary Matching Contributions Made to the Plan? ................. 8 4. Are There Any Additional Limitations That Apply? .......................................................... 9

SECTION VI. WITHDRAWAL OF CONTRIBUTIONS. ........................................................... 9 1. May I Withdraw My Vested Plan Benefits? ....................................................................... 9

SECTION VII. INVESTMENTS. ............................................................................................... 11 1. How Are Contributions Invested? .................................................................................... 11 2. How Do I Share in the Return on Investments? ............................................................... 11 3. Your Exercise of Control Over Your Account. ................................................................ 11

SECTION VIII. VESTING. ......................................................................................................... 12 1. When Are My Benefits Vested? ....................................................................................... 12

SECTION IX. BENEFICIARY DESIGNATION. ...................................................................... 16 How Do I Designate a Beneficiary to Receive My Benefits in the Event of My Death? ......... 16

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SECTION X. DISTRIBUTION OF BENEFITS. ........................................................................ 16 1. When Do I Receive Retirement Benefits? ........................................................................ 16 2. What Happens If I Die? .................................................................................................... 17 3. What Happens If I Terminate Employment? .................................................................... 17 4. What Happens If I Am Permanently and Totally Disabled? ............................................ 18 5. What Happens If I Divorce? ............................................................................................. 18

SECTION XI. FORM OF DISTRIBUTION. .............................................................................. 18 1. In What Form Will My Benefits Be Paid?........................................................................ 18 2. May I “Roll Over” My Distribution to an IRA or Another Employer’s Eligible

Retirement Plan? ............................................................................................................... 18

SECTION XII. LOANS. .............................................................................................................. 19 1. May I Borrow From Accounts in the Plan? ...................................................................... 19 2. What Other Terms and Conditions Apply to the Loans? .................................................. 19 3. How Do I Apply for a Loan? ............................................................................................ 20 4. What Happens If I Fail to Repay My Loan On Time? ..................................................... 20 5. What Happens to My Loan If I Terminate Employment? ................................................ 20 6. May Terminated Participants Obtain Loans? ................................................................... 20

SECTION XIII. IRA CONTRIBUTIONS. .................................................................................. 20 If I Make Contributions to the Plan, May I Make Contribution to an IRA Too? ..................... 20

SECTION XIV. TOP-HEAVY PROVISIONS. .......................................................................... 21 1. What Is a Top-Heavy Plan? .............................................................................................. 21 2. What Happens if the Plan Is Top-Heavy?......................................................................... 21

SECTION XV. TERMINATION OF THE PLAN. ..................................................................... 21 What Happens if the Plan Terminates? ..................................................................................... 21

SECTION XVI. RIGHTS OF PARTICIPANTS. ........................................................................ 21 1. To Whom Should Legal Notices Be Addressed? ............................................................. 21 2. If I Believe I Am Entitled to Plan Benefits, What Should I Do? ...................................... 21

A. Initial Claim .................................................................................................................. 21 B. Request for Review of Denied Claim ........................................................................... 22

3. Are My Benefits Insured by the Federal Government? .................................................... 22 4. What Are My Rights Under ERISA?................................................................................ 23

A. Receive Information about Your Plan and Benefits ..................................................... 23 B. Prudent Actions by Plan Fiduciaries ............................................................................. 23 C. Enforce Your Rights ..................................................................................................... 24

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SECTION I. INTRODUCTION.

1. Why Does Your Employer Have a 401(k) Plan?

The Employer sponsors the FirstService Real Estate Advisors, Inc. and Affiliated Employers 401(k) Plan and Trust (the “Plan”):

� To provide you with a convenient and tax-advantaged way to save for your retirement, and

� To recognize and reward your service and the important role you play in the success

of your Employer. The Plan allows you to save for your retirement by making 401(k) Tax-Deferred Contributions on a “pre-tax” basis, meaning you don’t pay any federal income tax on your contributions until you receive a distribution from the Plan. This means you pay less in federal income taxes now, plus your savings grow on a tax-free basis until you receive a distribution. In addition to the 401(k) Tax-Deferred Contributions that you make to the Plan, your employer may also make matching contributions and/or employer discretionary contributions on your behalf. These contributions are also made on a “pre-tax” basis and help you accumulate even more savings for your retirement years. The Plan is currently co-sponsored by FirstService Real Estate Advisors, Inc. and other affiliated employers which have adopted this Plan in writing. For purposes of this Summary Plan Description, these employers will be referred to collectively as the “Employer.” For a list of all Plan co-sponsors, contact your Human Resources Manager. The Plan was initially adopted January 1, 1992. Over the years, the Plan has been amended several times to make certain design changes to the Plan and to maintain the Plan in compliance with applicable law. The Plan was most recently amended effective August 25, 2009. Please read this summary carefully. Its purpose is to explain how the Plan works, how you qualify for and ultimately receive Plan benefits, what benefits are available to you and what your rights are as a Plan Participant. It is written in an easy-to-understand “question and answer” format and addresses the questions most commonly asked about the Plan. Because this is only a Plan summary, you may have questions or wish additional information. To obtain further information about the Plan, please contact the 401Save Service Center at 888-700-0808 or your Human Resources Manager. This summary describes the Plan as of August 25, 2009. If the language of this summary conflicts with the language of the Plan document, the language of the Plan document will control.

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2. What Are the Advantages of Participating in the Plan?

The Plan helps you to save for your retirement while at the same time you pay less in current federal income tax. Your 401(k) Tax-Deferred Contributions, any Employer contributions, and any earnings on these contributions are not subject to federal income tax until you receive a distribution from the Plan. These contributions are also referred to as “pre-tax” contributions. However, your 401(k) Tax-Deferred Contributions are treated as wages for purposes of FICA taxes. The following example shows how the Plan helps you save money on your current federal income taxes. It illustrates how saving on a pre-tax basis through a 401(k) plan results in more net “take-home” pay than saving the same amount on an “after-tax” basis outside of a 401(k) plan.

Saving on an After-Tax Basis

(Without 401(k) Plan)

Saving on a Pre-Tax Basis

(With 401(k) Plan)

Gross Annual Compensation $24,000 $24,000

401(k) Deferrals (10% of Compensation) -0- - 2,400

Compensation Subject to Federal Income Tax $24,000 $21,600

Estimated Income Tax (28%) - 6,720 - 6,048

After-Tax Compensation $17,280 $15,552

Saving 10% of Compensation on an After-Tax Basis - 2,400 -0-

Total “Take-Home” Pay $14,880 $15,552

In this example, saving $2,400 a year in a 401(k) plan left this person with $15,552 in take-home pay, instead of the $14,880 in take-home pay that he or she would have had by instead saving on an after-tax basis outside of a 401(k) plan. The result is that this person saved $672 in current federal income taxes by saving through a 401(k) plan. While this example is meant strictly for illustrative purposes, you can see that saving through a 401(k) plan can reduce the federal income taxes you pay today, leaving you with more take-home pay than if you had instead saved on an after-tax basis. Additionally, your employer may make Employer Discretionary Contributions and/or Employer Discretionary Matching Contributions. See Section V for information on the requirements for receiving any Employer contributions that may be made. Note that in addition to the requirements outlined in Section V, in order to receive any Employer Discretionary Matching Contributions that may be made, you must make 401(k) Tax-Deferred Contributions to the Plan.

SECTION II. PLAN ADMINISTRATION.

1. How Is the Plan Administered?

The Plan is administered by the Administrative Committee (the Plan Administrator) appointed by the Board of Directors of FirstService Real Estate Advisors, Inc. The Administrative Committee is responsible for arranging all services necessary to operate the Plan, including accounting, legal and investment advisory services. The Administrative Committee has the power

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in its sole discretion to manage and operate the Plan. This includes interpreting the provisions of the Plan and making required administrative decisions regarding eligibility, right to benefits and similar decisions. Inquiries to the Administrative Committee should be addressed to the 401(k) Plan Administrative Committee, Attention: Human Resources, 601 Union Street, Suite 5300, Seattle, WA 98101-4045. Telephone inquiries may be made by dialing (206) 287-0222 and asking for the Human Resources Manager.

2. Who Are the Plan Sponsors?

The Plan is sponsored by FirstService Real Estate Advisors, Inc. and affiliated employers. For a list of affiliated employers, please contact your Human Resources Manager or the Administrative Committee. The Employer Identification Number of FirstService Real Estate Advisors, Inc. is 41-2227433. The Plan Number is 002.

3. What Is the Plan Year?

The Plan Year is the 12-month period ending December 31. All records of the Plan are maintained on this Plan Year.

SECTION III. ELIGIBILITY.

1. How Do I Become Eligible to Participate in the Plan?

Subject to the following, you are eligible to participate in the Plan on the later of (a) your date of hire or (b) attainment of age 21 as an employee. All employee categories of the Employer except the following are eligible to participate in the Plan. You are not eligible to participate in this Plan if you: (i) are classified by the Employer as an independent contractor (regardless of whether that classification is controlling for federal employment tax purposes or under any other applicable federal, state, or local law, and regardless of whether you are classified differently by a court or any federal, state, or local agency), (ii) perform services under an agreement between the Employer and a leasing organization, (iii) are a union employee of the Employer whose retirement benefits were the subject of good faith bargaining, but the collective bargaining agreement does not provide for you to participate in this Plan, (iv) are a nonresident alien who receives no U.S. earned income from the Employer, or (v) are a temporary employee. A temporary employee is an employee who is employed to work fewer than six months. If you are a temporary employee and you work for the Employer for six months or more, you will be credited with Hours of Service retroactively to your employment commencement date on which you first completed an Hour of Service with the Employer.

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2. When Am I Enrolled in the Plan?

If you are employed by the Employer in an eligible employment category, you will be eligible to enroll in the Plan on the first day of the first pay period following your completion of the eligibility requirements. If you are age 21 or older when you are hired, this means the first day of the first pay period following your date of hire. If you are under age 21 when you are hired, this means the first day of the first pay period following your attainment of age 21.

SECTION IV. 401(k) TAX-DEFERRED CONTRIBUTIONS.

1. What Are 401(k) Tax-Deferred Contributions?

401(k) Tax-Deferred Contributions are contributions that you make by electing to have a percentage of your compensation withheld from your pay each pay period and contributed to your Account in the Plan trust fund. These contributions are withheld before federal income taxes are taken from your compensation. No federal income taxes on these contributions are due until they are distributed to you from the Plan. However, your 401(k) Tax-Deferred Contributions are subject to Social Security tax in the year you make the contributions.

a. How Do I Elect to Make 401(k) Tax-Deferred Contributions?

You must complete an enrollment form and a beneficiary form posted on the 401(k) website, www.401Save.com. You may also request a form from your Human Resources Manager or from the Payroll and Benefits team. Your 401(k) Tax-Deferred Contributions will begin as soon as administratively possible following the Payroll Department’s receipt of your completed enrollment form, typically within two pay periods.

b. How Much Can I Contribute Through 401(k) Tax-Deferred

Contributions?

You may elect to contribute between 1% and 100% of your compensation each pay period to the Plan. You must elect to contribute a whole percentage of pay (for example, 5%, 6%, 7%, etc., not 5.5%, 6.5%, etc.). Your compensation for Plan contribution purposes includes your total salary or wages, overtime, commissions, and bonuses that you receive from your Employer, before any contributions you make to this Plan and before any salary reductions to your Employer’s Code Section 125 flexible benefits plan or Code Section 132(f)(4) qualified transportation fringe benefit plan (if applicable). However, car allowances, mileage reimbursements, and other expense reimbursements are not eligible compensation for purposes of the Plan. Additionally, amounts realized from the sale, exchange, or other disposition of stock acquired under a stock option, amounts realized from the exercise of a nonqualified stock option, or when restricted stock held by an Employee becomes either freely transferable or is no longer subject to a substantial risk of forfeiture are not considered eligible compensation for Plan contribution purposes. Employer contributions to this Plan or any other similar retirement plan and payments by the Employer (other than Code Section 125 contributions) on account of health, disability, and life insurance are not considered compensation

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for Plan contribution purposes. Certain eligible compensation paid by the later of 2-1/2 months after you terminate employment or the end of the Plan Year in which you terminate employment will also be considered. Compensation in excess of $245,000 in 2009 and 2010 (or whatever adjusted amount is permitted by law in each future calendar year) is not considered for Plan contribution purposes. If you return to employment with your Employer after a period of qualifying military leave, you will be eligible to make-up 401(k) Tax-Deferred Contributions for the period of qualifying military leave, subject to the applicable laws governing military leaves. Also, effective January 1, 2009, if the Employer makes differential wage payments to a participant in qualified military leave, the differential wage payment is considered eligible compensation for Plan purposes. A differential wage payment is the difference between your regular salary and your lower military salary which an employer may choose to pay you when you are on a military leave. Effective January 1, 2009, you are treated as having a severance from employment, and is therefore eligible to receive a distribution of your 401(k) Tax-Deferred Contribution Account in the Plan if you are performing qualifying military service for more than 30 days, to the extent required under applicable law. If you are eligible for and elect to receive a distribution of your 401(k) Tax-Deferred Contribution Account under this special provision, you may not make any contributions to the Plan during the 6-month period beginning on the date of the distribution. Your 401(k) Tax-Deferred Contributions are always 100% vested (nonforfeitable).

c. Can I Change the Amount I Contribute Through Tax-Deferred

Contributions?

You may increase, decrease, stop or restart your 401(k) Tax-Deferred Contributions at any time through the telephone voice response system by calling (877) 401-7283 or online at www.401Save.com. If you are eligible to make 401(k) Tax-Deferred Contributions but you have not yet chosen to begin making contributions, you may elect to contribute to the Plan at any time by completing an enrollment form. If you terminate employment and are rehired, you may elect to begin making 401(k) Tax-Deferred Contributions at any time following your rehire, provided you meet the eligibility requirements. Any changes you make will be effective as soon as administratively possible following the receipt of your form or your request through the telephone voice response system or 401Save website.

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d. Are There Any Additional Limits on How Much I Can Contribute to

the Plan?

You may not elect to contribute more than $16,500 per calendar year in 2009 and 2010, or whatever adjusted amount is permitted by law in each future calendar year, even if that is less than the percentage of your compensation that you are otherwise permitted to contribute. However, see Section IV, Part 1.e below for information on eligibility for Catch-up Contributions which may allow you to contribute an additional amount to the Plan for a Plan Year if you are age 50 or older by the end of that Plan Year. In addition to this 401(k) contribution limit, strict limits are imposed by the Internal Revenue Code on the amount of 401(k) contributions that may be made by “highly compensated employees.” To meet these limits, the Administrative Committee may be required to reduce the amount contributed by any highly compensated employee or to repay any excess 401(k) contributions and earnings to a highly compensated employee. If the Administrative Committee is required to repay any amount contributed by a highly compensated employee, it will direct the Employer to pay that amount from the Plan plus earnings on that amount in cash to the employee. Additionally, the IRS imposes limits on the total of your contributions and the Employer’s contributions on your behalf for any year. Further information on this limit can be found in Section V.

e. Make I May Additional “Catch-up Contributions” to the Plan? To be eligible to make Catch-up Contributions for a Plan Year, you must be age 50 or older by the end of that Plan Year, and you must have elected to make the maximum 401(k) Tax-Deferred Contributions that you are permitted to make under the Plan rules or applicable law. Eligible compensation for purposes of making Catch-up Contributions is the same as eligible compensation for purposes of making 401(k) Tax-Deferred Contributions, as described earlier in this summary. Like 401(k) Tax-Deferred Contributions, Catch-up Contributions are deducted on a pre-tax basis from your pay. If you are eligible to make Catch-up Contributions, you may make $5,500 in Catch-up Contributions in 2009 and 2010, or whatever adjusted amount is permitted by law in each future calendar year. To elect to make Catch-up Contributions, complete the Catch-up Contribution form posted on the 401(k) website, www.401Save.com. You may also request a form from your Human Resources Manager or from the Payroll and Benefits team. Catch-up Contributions are treated like other Tax-Deferred Contributions, including for purposes of calculating the amount of any Employer Discretionary Matching Contributions that may be made on your behalf. Your Catch-up Contributions are always 100% vested (nonforfeitable).

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2. May I Make Rollover Contributions to the Plan?

You may roll over an eligible rollover distribution from a Code Section 401(a) or 403(a) qualified retirement plan, a Code Section 403(b) tax-deferred annuity plan, or a Code Section 457(b) governmental deferred compensation plan. You may also roll over an eligible rollover distribution from an IRA account described in Code Section 408(a) or (b) if that IRA holds only assets attributable to a prior rollover from a Code Section 401(a) or 403(a) qualified retirement plan, a Code Section 403(b) tax-deferred annuity plan, or a Code Section 457(b) governmental plan, and if you have not made any contributions to that IRA. You may not, however, rollover after-tax contributions from any source to this Plan. Additionally, an ordinary IRA to which you contribute cannot be rolled over to this Plan. Contact your Human Resources Manager as to the conditions and procedures for making a rollover contribution. The amount of any rollover contribution will be invested along with the other assets of the Plan, but will be held for you in a separate rollover account and will be at all times 100% vested (nonforfeitable).

3. May I Make Voluntary Nondeductible (After-Tax) Contributions to the

Plan?

The Plan does not permit you to make voluntary employee nondeductible (after-tax) contributions.

SECTION V. EMPLOYER CONTRIBUTIONS.

1. What Does My Employer Contribute?

Your Employer may choose to make Employer Discretionary Contributions and/or Employer Discretionary Matching Contributions for a Plan Year.

2. How Are Employer Discretionary Contributions Made to the Plan?

If you are eligible to share in an Employer Discretionary Contribution as described below and if your employer decides to make an Employer Discretionary Contribution for a particular Plan Year, your employer will contribute an amount to the Plan for you equal to a percentage of your eligible compensation for that Plan Year. Your employer will contribute the same percentage of eligible compensation for all Active Participants (defined below) based on the eligible compensation received while they are Active Participants. Compensation for purposes of determining any Employer Discretionary Contributions to the Plan is the same as the definition of compensation for purposes of determining 401(k) Tax-Deferred Contributions, as described in Section IV, 1.b above. To be eligible for Employer Discretionary Contributions, you must be considered an “Active Participant,” which means you must be a Plan participant, be employed by the Employer on the last day of the Plan Year, and complete a Year of Service (at least 1,000 Hours of Service) as an employee of the Employer during the Plan Year.

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You receive credit for one Hour of Service for each hour you are paid by the Employer for work you perform. You also receive credit for one Hour of Service for time you are paid by the Employer for reasons other than work (such as vacation, illness, or disability) up to a maximum of 501 hours for any continuous period. If you do not complete a Year of Service or are not employed by the Employer on the last day of the Plan Year due to your death, disability, or retirement on or after Normal Retirement Age, you will be considered an Active Employee for purposes of receiving Employer Discretionary Contributions for the Plan Year. Normal Retirement Age is age 65 if you were hired on or after July 1, 1997, or age 62 if you were hired before July 1, 1997. If you return to employment with your Employer on or after December 12, 1994, after a period of qualifying military leave, you will be eligible for any Employer Discretionary Contributions that you would have otherwise received if you had not been on military leave for the period of qualifying military leave, subject to the applicable laws governing military leaves.

3. How Are Employer Discretionary Matching Contributions Made to the

Plan?

The Employer may decide to make Employer Discretionary Matching Contributions to the Plan on your behalf for any Plan Year. The amount, if any, of Employer Discretionary Matching Contributions is determined by the Board of Directors of FirstService Real Estate Advisors, Inc. Any Employer Discretionary Matching Contributions that are made will be based on a percentage of eligible employees’ 401(k) Tax-Deferred Contributions up to a specified percentage of eligible compensation. The Employer may decide to match all or a portion of the 401(k) Tax-Deferred Contributions made in a year. After you have been enrolled in the Plan as a Participant for purposes of receiving Employer Discretionary Matching Contributions, you will be eligible to receive any Employer Discretionary Matching Contributions that may be made based on the 401(k) Tax-Deferred Contributions that you make to the Plan for that Plan Year. Any Employer Discretionary Matching Contributions for the Plan Year are allocated to your Employer Discretionary Matching Contribution Account in the Plan for that Plan Year. If necessary, after the end of a Plan Year, the Employer in its sole discretion may make an additional Employer Discretionary Matching Contribution on your behalf to the extent necessary, so that the Employer Discretionary Matching Contributions allocated to your Plan account are based on your 401(k) Tax-Deferred Contributions for the entire portion of the year for which Employer Discretionary Matching Contributions are made. Catch-up Contributions, which are described above, are eligible for any Employer Discretionary Matching Contributions that may be made for a Plan Year in the same manner as other 401(k) Tax-Deferred Contributions.

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4. Are There Any Additional Limitations That Apply?

The total of your 401(k) Tax-Deferred Contributions, Employer Discretionary Contributions, and Employer Discretionary Matching Contributions allocated to your accounts for any Plan Year cannot exceed the lesser of 100% of your compensation (before any 401(k) Tax-Deferred Contributions and before any Code Section 125 cafeteria plan contributions or Code Section 132(f)(4) qualified transportation fringe benefit plan contributions) or $49,000 in 2009 (and as adjusted by the IRS in future years). In addition, if you are a highly compensated employee, the Administrative Committee may be required by law to reduce your 401(k) Tax-Deferred Contributions and Employer Discretionary Matching Contributions (if any) if the IRS limits on those contributions for highly compensated employees are exceeded. The Administrative Committee will notify you if this occurs. A “highly compensated employee” for a Plan Year is an employee who is either a more than 5% owner of the Employer or who receives compensation in the prior Plan Year in excess of certain IRS dollar amounts. For example, for 2009, a highly-compensated employee is an employee who is either (1) a more than 5% owner of the Employer, or (2) received compensation from the Employer of $105,000 or more in 2008. The IRS may change this dollar amount each year based on changes in the cost of living.

SECTION VI. WITHDRAWAL OF CONTRIBUTIONS.

1. May I Withdraw My Vested Plan Benefits?

The Plan is intended to help you save for your retirement years, and in most cases you cannot take a withdrawal from your account balance while you are actively employed. Generally, your vested Plan benefits will only be distributed to you in the event of your permanent and total disability, termination of employment, or retirement or to your beneficiary in the event of your death. (See Section X, Distribution of Benefits). However, you may elect to withdraw your vested Plan benefits at any time after you attain age 59½ while still employed by the Employer in accordance with procedures established by the Administrative Committee. No more than one withdrawal may be taken during any Plan Year. You may elect to withdraw all or part of your Rollover Account (if any) at any time by completing the age 59-1/2 Distribution Request Form. Effective January 1, 2009, if you are performing qualifying military service for more than 30 days, you are treated as having a severance from employment and may therefore take a distribution from your 401(k) Tax-Deferred Contribution Account in the Plan, to the extent required under applicable law. If you elect to receive a distribution of your 401(k) Tax-Deferred Contribution Account under this special provision, you may not make any contributions to the Plan during the 6-month period beginning on the date of the distribution.

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Additionally, the Administrative Committee has established a program for hardship withdrawals of 401(k) Tax-Deferred Contributions, your Employer Discretionary Contributions, and your Employer Discretionary Matching Contributions. The Administrative Committee has established a policy for determining whether a participant is entitled to receive a hardship withdrawal. A hardship exists if a participant has an immediate and heavy financial need and has no other financial resources to meet that need. Hardship is limited to:

(i) Uninsured medical expenses (described in Internal Revenue Code Section 213(d)) that have already been incurred by you, your spouse, your child (whether or not that child lives with you), your dependent, or your designated beneficiary, or expenses that have not already been incurred, but which must be prepaid in order to allow those persons to obtain medical treatment;

(ii) Purchase of your principal residence (excluding mortgage or loan payments);

(iii) Tuition, related educational fees, and room and board expenses of post-secondary education for the next twelve months for you, your spouse, your children, your dependents, or your designated beneficiary, including graduate school and any approved trade or technical school;

(iv) Payment to prevent your eviction from you principal residence, or foreclosure on the mortgage of your principal residence;

(v) Payment of burial or funeral expenses for your deceased parent, Spouse, child, dependent, or designated beneficiary; and

(vi) Expenses for the repair of damage to your principal residence that would qualify as a casualty loss deduction under Code Section 165 (determined without regard to whether the loss exceeds 10% of your adjusted gross income). Qualification criteria for a casualty loss deduction under Code Section 165 is outlined at www.irs.gov, search “Section 165”. Hardship withdrawals made prior to your attainment of age 59½ generally will be subject to a 10% penalty tax unless the hardship withdrawal is applied to pay deductible medical expenses. In addition, a hardship withdrawal may not include income earned on your 401(k) Tax-Deferred Contributions. A hardship withdrawal may include the amount necessary to pay taxes and penalties on the hardship distribution. If you take a hardship withdrawal from your 401(k) Tax-Deferred Contribution Account, you may not make additional 401(k) Tax-Deferred Contributions for six (6) months measured from the date of the withdrawal.

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SECTION VII. INVESTMENTS.

1. How Are Contributions Invested?

The Plan assets are placed in the Plan trust fund. The custodian of the trust funds is TDAmeriTrade, and Plan contributions are invested through TDAmeriTrade. TDAmeriTrade’s address is 717 17th Street, Suite 2400, Denver, CO 80202-3323. For the name of the current Plan Trustee, please contact the Human Resources Manager. The Trust Fund is divided into investment funds. You have the right to direct your contributions to any combination of those investment funds that you choose. A description of your investment options is available online at www.401Save.com, or you may request a printed copy by contacting your Human Resources Manager. You also control the investment of Employer contributions. Certain administrative expenses may be paid from Plan assets, to the extent permitted under applicable law. If you do not allocate your contributions among the investment funds, your contributions will be invested in one or more of those investment funds as selected by the Administrative Committee.

2. How Do I Share in the Return on Investments?

Because you will direct the investment of your Plan assets among the Plan investment funds, the ultimate investment return you receive will be dependent upon how you allocate the amounts in your Plan accounts among the investment funds and upon the investment performance of the Plan investment funds. The Plan investment funds and your Plan accounts are valued each business day. The Plan will provide you quarterly statements of the value of your Plan accounts as of March 31, June 30, September 30, and December 31 of each year.

3. Your Exercise of Control Over Your Account.

You may change your investment elections at any time through the automated voice response system by calling (877) 401-7283 or online at www.401Save.com. On request, you are entitled to written confirmation regarding the carrying out of these instructions. In general, you incur no transaction fees or expenses as a result of transferring amounts in your Plan accounts from one investment fund to another. However, depending on the terms of the mutual fund(s) in which you are invested, you may be charged a Short-Term Redemption Fee (STRF) if you are only invested in a particular mutual fund for a short period of time. The period of time varies depending on the mutual fund and may be as little as 7 days, although more often it is 30, 60, or 90 days. The fees charge also vary, although they are typically 1% or 2% of the assets last invested in the particular mutual fund. Please consult the online website for more information about these funds.

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Upon request, you may receive additional information including the following which will be based on the latest information available:

• A description of the annual operating expenses of each of the investment alternatives offered under the Plan (i.e., investment management fees, trustees’ fees, administrative fees and transaction costs) which are charged to your account expressed as a percentage of average net assets.

• Copies of any prospectuses, financial statements and reports or other materials relating to the investment alternatives available under the Plan to the extent provided to the Plan Administrator.

• A list of the assets in the portfolio of each fund, the value of each asset, and the percentage of the overall fund which it represents. With respect to an asset which is a fixed rate investment contract, the name of the bank or insurance company issuing the contract, the term of the contract and the rate of return under the contract.

• Current information about the value of the shares or units in mutual funds offered under the Plan, together with current investment performance information determined net of expenses.

• Information concerning the value of shares or units in your account. Submit your request to your Human Resources Manager or to the Payroll and Benefits Department. What you will ultimately receive under the Plan depends in great part on the investment performance of the assets of the Plan. While your Employer believes that the assets will appreciate in value, there are no guarantees that they will. This Plan is intended to be a Plan described in Section 404(c) of ERISA and Title 29 of the Code of Federal Regulations Section 2550.404(c)-1. It is intended that the fiduciaries of the Plan (i.e., the Plan trustees, the Employers, and the Administrative Committee) will be relieved of liability for any loss occurring as the direct and necessary result of your investment instructions.

SECTION VIII. VESTING.

1. When Are My Benefits Vested?

“Vesting” means earning a nonforfeitable right to your benefits. Your 401(k) Tax-Deferred Contribution Account is always 100% fully vested. If you complete an Hour of Service on or after January 1, 2007, your Employer Discretionary Contribution Account and your Employer Discretionary Matching Contribution Account (including non-discretionary matching contributions made before May 1, 2009) will become vested and nonforfeitable in accordance with the following schedule:

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Years of Service Completed % Vested 1 33% 2 66% 3 100% If you did not complete an hour of service on or after January 1, 2007, your vesting will be determined based on the vesting schedule in effect at the time you terminated employment with the Employer. Contact your Human Resources Manager if you want further information about this. A Year of Service for vesting purposes is a Plan Year (calendar year) in which you are credited with at least 1,000 Hours of Service, beginning with the Plan Year in which you are hired by your Employer. Generally, service with predecessor employers acquired by your Employer is counted from your date of hire with the predecessor employer. You will also receive credit for vesting purposes for each Year of Service with any business of which the Employer maintains at least 50% ownership. Additionally, if you become eligible to participate in this Plan, you will receive credit for prior Years of Service with any business that was acquired by FirstService Real Estate Advisors, Inc., if you were employed by the acquired business at the time of acquisition. If you terminate employment before the end of the Plan Year, and you are credited with at least 1,000 Hours of Service for that Plan Year before your employment is terminated, you will receive credit for one Year of Service for that Plan Year for vesting purposes. However, you will generally not receive any Employer Discretionary Contributions that may be made for that year, but you may be eligible for Employer Discretionary Matching Contributions if the Employer makes Employer Discretionary Matching Contributions for the Plan Year. The amounts in your Employer Discretionary Contribution Account and your Employer Discretionary Matching Contribution Account will become 100% vested if you die, become permanently and totally disabled, or attain normal retirement age (age 65 if you were hired on or after July 1, 1997; age 62 if you were hired prior to July 1, 1997) while still employed by the Employer. Example 1. Mary has two (2) Years of Service for vesting purposes. The total of her Employer Discretionary Matching Contribution Account and Employer Discretionary Contribution Account under the Plan is $2,000. In accordance with the Plan’s vesting schedule, if Mary’s employment terminates, she will receive 66% of that amount, or $1,320. Example 2. Bob has one (1) of Service for vesting purposes. The total of his Employer Discretionary Matching Contribution Account and his Employer Discretionary Contribution Account is $1,000. If Bob terminates employment due to a permanent and total disability, he will receive $1,000, because he will become 100% vested due to his permanent and total disability.

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If you are a participant in qualifying military service and die on or after January 1, 2007, your survivors are entitled to any additional benefits that the Plan would otherwise provide if you had been actively employed as of the date of your death. This means that your account balance would be 100% vested as of the date of your death.

2. Under What Circumstances Can My Nonvested Employer Discretionary

Contribution Account and Employer Discretionary Matching Contribution Account Be

Forfeited?

Certain nonvested amounts in terminated Participants’ Employer Discretionary Contribution Account and Employer Discretionary Matching Contribution Account may be forfeited. Forfeitures occur either when you receive a distribution of your Plan account balance or when you incur five consecutive one-year breaks in service. These rules are summarized below:

A. You are less than 100% vested upon employment termination and do not receive a distribution of all your vested Plan benefits. Your nonvested benefits are permanently forfeited when you have incurred five consecutive one-year breaks in service. B. You are 0% vested upon employment termination. Your nonvested benefits are forfeited upon termination of employment, as you are deemed to have received a distribution of your 0% vested interest. If you are rehired before you have five consecutive one-year breaks in service, your nonvested benefits will be reinstated, without adjustment for earnings or losses, to your Employer Discretionary Contribution Account and Employer Discretionary Matching Contribution Account (as applicable). If you are rehired after you have five consecutive one-year breaks in service, your nonvested benefits will be permanently forfeited. C. You are more than 0% but less than 100% vested upon employment

termination and receive a distribution of all your vested Plan benefits. Your nonvested benefits are forfeited upon receipt of your distribution. If you are rehired before you have five consecutive one-year breaks in service, your nonvested benefits will be reinstated, without adjustment for earnings or losses, to your Employer Discretionary Contribution Account and Employer Discretionary Matching Contribution Account (as applicable) but only if you repay your prior Plan distributions from such Account(s). For your nonvested benefits to be reinstated, your repayment must be received the earlier of (1) the date five years after your reemployment with the Employer, or (2) the date you would have incurred five consecutive one-year breaks in service following the date of your distribution. If you are rehired after you have five consecutive one-year breaks in service, your nonvested benefits will be permanently forfeited. A one-year break in service occurs each Plan Year (calendar year) during which you complete less than 501 Hours of Service. You may avoid a one-year break in service if you are absent from work because of pregnancy, birth of a child, placement of a child for adoption or caring for a child immediately after birth or placement for adoption. You must provide proof that the absence was for one of these reasons to avoid having the absence treated as a one-year break in service.

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Forfeitures from employer Discretionary Contribution Accounts and Employer Discretionary Matching Contribution Accounts will be used to reduce future employer contributions.

3. What Happens If I Am Rehired?

As described above, your nonvested Employer Discretionary Contribution Account and Employer Discretionary Matching Contribution Account (as applicable) will be permanently forfeited if you are rehired by the Employer after you have five consecutive one year breaks in service. If you are rehired by the Employer before incurring five consecutive one year breaks in service, and if your nonvested Employer Discretionary Contribution Account and Employer Discretionary Matching Contribution Account (as applicable) were previously forfeited because you took a distribution of your vested Plan benefits, your nonvested Employer Discretionary Contribution Account and Employer Discretionary Matching Contribution Account (as applicable) will be reinstated on the Anniversary Date (December 31) coinciding with or following your repayment of the amount of your distribution attributable to employer contributions, as described in Section 2.B. above.

Your prior Years of Service for vesting purposes will be reinstated when you complete a Year of Service following rehire if you meet at least one of the following conditions:

(a) You made contributions to the Plan prior to your terminating employment with the Employer.

(b) You had vested Employer contributions held in the Plan on your behalf before you terminated employment with the Employer.

(c) The number of your consecutive one-year breaks in service is lower than the number of your Years of Service for vesting purposes before you terminated employment with the Employer.

(d) The number of your consecutive one-year breaks in service is less than five (5).

In most cases, you will meet at least one of these conditions, and your prior vesting service will be reinstated after you have completed a Year of Service following rehire. However, if none of these statements applies in your situation, then you will not receive credit for your prior Years of Service for vesting purposes following rehire. Example 1. Alice has two Years of Service for vesting purposes. She has $2,000 in her Employer Discretionary Matching Contribution Account and Employer Discretionary Contribution Account. According to the vesting schedule, she is 66% vested. If Alice’s employment is terminated and she receives the vested portion of her account balance ($1,320), the $680 she does not receive will be forfeited. If two years later she returns to employment with the Employer, Alice will still be credited with two Years of Service in determining her vested interest in future Employer

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contributions. The $680 she forfeited will be reinstated, provided she pays to the Plan the $1,320 she received when she terminated employment. Example 2. John has two Years of Service for vesting purposes. He has a total of $3,000 in his Employer Discretionary Matching Contribution Account and Employer Discretionary Contribution Account. According to the vesting schedule, John is 66% vested ($1,980 vested, $1,020 nonvested). If John elects to leave his vested money ($1,980) in the Plan when he terminates employment, he will not forfeit the $1,020 nonvested benefits until he has five consecutive one-year breaks in service. (Note that the vested amount must be greater than $1,000 to leave the money in the Plan.) If John is rehired before he has five consecutive one-year breaks in service, his Plan account is still in the Plan. He will continue to earn additional vesting credit, counting his Years of Service for vesting purposes credited both before his termination of employment and after his rehire.

SECTION IX. BENEFICIARY DESIGNATION.

How Do I Designate a Beneficiary to Receive My Benefits in the Event of My Death?

You may designate a beneficiary or beneficiaries, who are persons who will receive any benefits payable at your death. If you are married and you do not designate a beneficiary, the benefits will be payable to your spouse. If you are married, and you wish to designate someone as your beneficiary other than your spouse, your spouse must consent to the designation. Your spouse's consent must be on a form provided by the Administrative Committee and must be witnessed by a notary public, a member of the Administrative Committee or a person appointed by the Administrative Committee. The beneficiary may be changed at any time by written designation filed with the Payroll and Benefits Department. If you don't name a beneficiary or if the beneficiary you name is not alive, the amount in your account(s) will be paid to your surviving spouse, or if none, as provided in the Plan document.

SECTION X. DISTRIBUTION OF BENEFITS.

1. When Do I Receive Retirement Benefits?

Normally, you will receive your Plan benefits upon your retirement after you reach normal retirement age (age 65 if you were hired on or after July 1, 1997; age 62 if you were hired before July 1, 1997). You may elect to receive your vested account balance on or after you attain age 59½, even if you are still employed by the Employer. You may elect to receive your vested Plan benefits earlier if you are permanently disabled or terminate employment. If you retire on or after normal retirement age, payment of your Plan benefits will be made as described in Section XI of this booklet. If you do not want to receive your vested Plan benefits, and their value (including your Rollover Account, if any) exceeds $1,000, the Plan permits you to elect to defer the payment of your vested Plan benefits to a date later than your retirement date. You will be provided forms on which to make this election and, prior to receiving your vested Plan

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benefits, you may change your election at any time. You must begin to receive your vested Plan benefits no later than April 1 of the calendar year following the calendar year in which the later of your termination of employment or attainment of age 70½ occurs. However, if you are a more than 5% owner of an Employer, you must receive your vested Plan benefits no later than April 1 of the calendar year following the year in which you attain age 70½, even if you are still employed.

2. What Happens If I Die?

The following describes how your vested Plan benefits will be paid to your beneficiary

following your death, if you die before you receive your vested Plan benefits from the Plan. Also, see “Special Rules for Non-Spouse Beneficiaries” in “May I ‘Roll Over’ My Distribution to an IRA or Another Employer’s Eligible Retirement Plan?” in Section XI below for information about different rollover rules that apply to non-spouse beneficiaries.

A. If your death occurs before you receive your vested Plan benefits and your vested Plan benefits are not more than $1,000, your beneficiary will receive one lump sum payment of that balance within a reasonable time following your death. Your beneficiary will receive this payment directly with 20% federal income tax withholding taken, unless he or she elects to have the distribution rolled over to an IRA or to another employer’s eligible retirement plan. (Note that distributions of less than $200 are generally not eligible to be rolled over to an IRA or another employer’s eligible retirement plan.)

B. If your death occurs before you begin receiving your vested Plan benefits and your vested Plan benefits are more than $1,000, your designated beneficiary will receive your vested Plan benefits in the form of a single lump sum payment. Your designated beneficiary must receive the lump sum payment by December 31 of the calendar year which contains the fifth anniversary of your death. However, there is an exception to these timing requirements that applies if your spouse is your sole beneficiary. In this case, your spouse must begin to receive your vested Plan benefits no later than December 31 of the calendar year in which you would have attained age 70½, if that date is later than the date by which payments would otherwise have been made.

3. What Happens If I Terminate Employment?

If you terminate employment prior to normal retirement age and your vested benefit is $1,000 or less (including your Rollover Account, if any), you will receive that amount automatically in a single payment. You may elect to directly transfer that amount to an IRA or to another employer’s eligible retirement plan that accepts rollovers. This will allow your retirement savings to maintain tax-deferred status until distributed from the IRA or other employer’s retirement plan. If your vested Plan benefit is more than $1,000 ( including your Rollover Account, if any), you will receive that benefit when you reach normal retirement age, unless you elect to receive your vested benefit when you terminate employment or on any later date. You must begin receiving your vested Plan benefits by April 1 of the calendar year following the calendar year in which the later of your attainment of age 70½ or your termination of employment occurs . However, if you are a more than 5% owner of an Employer, you must receive your vested Plan benefits no later than

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April 1 of the tax year in which you attain age 70½, even if you are still employed. You may select one of the payment options discussed in Section XI below. If you terminate employment prior to age 55, and you receive a distribution of your vested benefits prior to age 59½, the distribution generally will be subject to a 10% tax penalty on early withdrawals. This penalty will not apply if you are permanently and totally disabled or your distribution is rolled over or transferred to an IRA or another qualified pension or profit sharing plan. If you terminate employment after age 55 and take a distribution of your vested benefits after age 55, your distribution will not be subject to a 10% tax penalty.

4. What Happens If I Am Permanently and Totally Disabled?

If you become permanently and totally disabled while employed by the Employer, you may elect to receive your vested Plan account balance. Permanently and totally disabled for Plan purposes means that due to a mental or physical condition, you are incapable of performing the duties of your customary position with the Employer for an indefinite period which, in the opinion of the Committee, is expected to be of a long continual duration. Payment will begin as soon as possible after the Administrative Committee determines you are disabled and you elect to receive payment. The Committee will deem a participant to be disabled if the participant is disabled within the meaning of the Employer’s Long Term Disability Plan.

5. What Happens If I Divorce?

Benefits provided under this Plan are for you and your beneficiary. Your benefits cannot be assigned to someone else in order to settle a debt. However, the Plan will pay amounts to a former spouse or to a child as ordered by a court pursuant to the terms of a Qualified Domestic Relations Order. If the Administrative Committee receives an Order that relates to you, they will notify you immediately. You have a right to obtain, without charge, a copy of the procedures governing Qualified Domestic Relations Orders from the Administrative Committee.

SECTION XI. FORM OF DISTRIBUTION.

1. In What Form Will My Benefits Be Paid?

For distributions made on or after March 1, 2009, all distributions will be made in the form of a single lump sum payment. Prior to March 1, 2009, different forms of payment were available. If you began to receive installment payments prior to March 1, 2009, you may continue to receive those installment payments, subject to the applicable minimum required distribution requirements.

2. May I “Roll Over” My Distribution to an IRA or Another Employer’s

Eligible Retirement Plan?

A. General Rules. If you receive a lump sum distribution from the Plan, you

may elect to roll over that lump sum distribution to an “eligible retirement plan.” An “eligible retirement plan” includes a plan qualified under Code Section 401(a), including a 401(k) plan, profit-sharing plan, defined benefit plan, stock bonus plan, and money purchase pension plan; a

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Code Section 403(a) annuity plan; a Code Section 403(b) tax-sheltered annuity; or an eligible Code Section 457(b) plan maintained by a governmental employer (governmental 457 plan).

Effective January 1, 2007, if you have after-tax contributions held in the Plan, you may elect to roll over those after-tax contributions to an IRA, another employer’s qualified retirement plan, or a 403(b) annuity, provided that the plan or annuity separately accounts for after-tax amounts. For distributions made after December 31, 2007, an eligible rollover distribution may be rolled over to a Roth individual retirement account described in Code Section 408A(b). Effective January 1, 2008, an eligible rollover distribution may be rolled over to a Roth individual retirement account described in Code Section 408A(b).

B. Special Rules for Non-Spouse Beneficiaries Effective January 1, 2010. If you die, your beneficiary may roll over a distribution received from this Plan to an individual retirement account or individual retirement annuity (IRA). If your beneficiary is someone other than your spouse, that IRA will be treated as an “inherited” IRA under laws applicable to IRAs. Your spouse as beneficiary may roll over a distribution to another employer’s eligible retirement plan, but your non-spouse beneficiary may not do so.

SECTION XII. LOANS.

1. May I Borrow From Accounts in the Plan?

In certain circumstances, you may take a loan from your vested Plan accounts in an amount and on the terms determined by the Administrative Committee. The amount of the new loan plus any outstanding loan balance at the time of the new loan may not exceed the lesser of: (a) $50,000 reduced by the difference between your highest outstanding loan balance at any time in the preceding 12 months and your outstanding loan balance on the date the new loan is made, or (b) one-half of your vested Plan accounts. In other words, you calculate (a) and (b) above, take whichever is less, and subtract the amount of any outstanding loan balance on the date the new loan is made.

2. What Other Terms and Conditions Apply to the Loans?

You may have no more than two outstanding loans at a time, and you may not “refinance” an existing loan. The minimum loan amount is $1,000. You will be charged a one-time loan fee of $150. You repay your loan in level installments each pay period by payroll deduction. Your loan may have a term of up to five (5) years, unless it is used for purchase of a primary residence, in which case it may have a term of up to fifteen (15) years. Your loan interest rate will be one percent (1%) over the prime rate in effect for Wells Fargo Bank.

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Your loan will be made from your vested Plan Accounts and the interest paid on the loan will be redeposited to your accounts. Loan payments will be invested in the Plan investment funds based on your most recent investment direction. Your loan will be secured by your vested Plan Accounts. Loans will be available to all Participants on a reasonably equivalent basis. Your loan repayments may be suspended in accordance with applicable law during a period of qualifying military leave.

3. How Do I Apply for a Loan?

You may apply for a loan - online at www.401Save.com. At the website, you can model different loan amounts and repayment periods. When you finalize your loan terms, submit your request for an application and amortization schedule. These will be mailed to your home address for your signature. Additionally, you will be required to sign a promissory note for the amount of the loan, including interest, payable to the order of the Plan Trustee. The note will be held as an asset of your Accounts. If your loan application is denied, you may appeal the decision pursuant to the claims procedure set forth in this Summary Plan Description.

4. What Happens If I Fail to Repay My Loan On Time?

A default will occur when any payment of principal or interest is not made when required by the promissory note. Failure to pay may result in the loan balance being treated as a taxable distribution. No additional loan will be made to you while an existing loan is in default.

5. What Happens to My Loan If I Terminate Employment?

If you have an outstanding loan balance at the time of your termination of employment, you must repay the entire unpaid loan balance (both principal and interest) within 90 days following the date you terminate employment. If you fail to do so, the unpaid loan balance will be treated as a taxable distribution to you at that time. You will be liable for ordinary income tax on the amount of the unpaid distribution. Additionally, you will generally also be liable for a 10% penalty tax on the amount of the unpaid distribution.

6. May Terminated Participants Obtain Loans?

No loans will be made to Participants who have terminated employment or to beneficiaries of deceased Participants.

SECTION XIII. IRA CONTRIBUTIONS.

If I Make Contributions to the Plan, May I Make Contribution to an IRA Too?

Since each employee’s situation is different, we cannot advise you in this regard. We strongly recommend that you consult with a qualified tax advisor about this matter before you make any IRA contributions.

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SECTION XIV. TOP-HEAVY PROVISIONS.

1. What Is a Top-Heavy Plan?

The Plan will be top-heavy if more than 60% of the account balances under the Plan belong to key employees. Key employees of the Employer are certain highly compensated officers and certain owners of the Employer.

2. What Happens if the Plan Is Top-Heavy?

The Plan is not currently top-heavy. If the Plan becomes top-heavy, the Employer may be required to make a contribution on your behalf equal to a minimum of 3% of your compensation during the Plan Year. The Administrative Committee will advise you if the Plan becomes top-heavy.

SECTION XV. TERMINATION OF THE PLAN.

What Happens if the Plan Terminates?

Your Employer expects to continue the Plan indefinitely, but the Board of Directors of FirstService Real Estate Advisors, Inc. reserves the right to terminate the Plan or to amend it. If the Plan is terminated, all Plan benefits become 100% vested, and all of the assets of the Plan will be used to pay benefits to Participants. No part of the assets will be returned to your Employer.

SECTION XVI. RIGHTS OF PARTICIPANTS.

1. To Whom Should Legal Notices Be Addressed?

Legal notices should be directed to Director, Total Rewards, 601 Union Street, Suite 5300, Seattle, WA 98101. Service of legal process may also be made upon the Plan Trustee or any member of the Administrative Committee.

2. If I Believe I Am Entitled to Plan Benefits, What Should I Do?

A. Initial Claim

If you are entitled to benefits under the Plan, you need not make a claim to the

Administrative Committee in order to receive your benefits. However, if you disagree with the information or computations in connection with any of your benefits, you may make a claim to the Administrative Committee. This claim should be in the form of a letter stating why you disagree and should include all facts and information you want the Administrative Committee to consider. You will be advised of the acceptance or rejection of your claim within 90 days (or 45 days if the claim relates to disability) after your claim is received, unless special circumstances require an extension of time for processing the claim. If the Administrative Committee requires an extension, written notice of the extension will be furnished to you prior to the end of the

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initial 90-day period (or 45-day period if the claim relates to disability). The extension will not exceed an additional period of 90 days (or 30 days if the claim relates to disability). The extension notice from the Administrative Committee will state the special circumstances requiring the extension of time and the date by which the Administrative Committee expects to make a final decision.

If your claim is denied, it must be denied in writing and the denial must state in detail the specific reasons for the denial, the specific Plan provisions upon which the denial is based, any additional material or information which you may provide which would entitle you to the benefits you claim, and an explanation of why such material or information is necessary. The notice of denial must also explain the steps to be taken if you or your beneficiary wish to submit a claim for review.

B. Request for Review of Denied Claim

If you choose to submit a claim for review by the Administrative Committee, then

within 60 days after the date your claim is denied (or 180 days if your claim relates to disability), you or your authorized representative must make a written request to the Administrative Committee for review. A claim relating to disability will be reviewed by a different subgroup of the Administrative Committee than the subgroup that reviewed your initial claim. Your request for review of your denied claim should include a statement of the reasons your claim should be allowed.

You or your representative may examine any documents the Administrative Committee has in its files and will use in reaching a decision, and you may also submit additional written comments to the Administrative Committee that support your claim.

The Administrative Committee will advise you of its decision in writing within 60 days (or 45 days if your claim relates to disability) following receipt of your request for review, unless special circumstances require an extension of time for processing. If an extension is necessary, a decision will be made as soon as possible, but not later than 120 days (or 90 days if your claim relates to disability) after the Administrative Committee receives your request for review.

If an extension of time for review is required because of special circumstances, written notice of the extension and the Administrative Committee’s reasons for needing more time will be furnished to you prior to the commencement of the extension. The decision on review will be in writing and will include specific reasons for the decision, as well as specific references to the plan provisions upon which the decision is based. The decision of the Administrative Committee will be final and will be subject to no further appeal or review.

3. Are My Benefits Insured by the Federal Government?

Because this is a defined contribution plan, your benefits are not insured by the Pension Benefit Guaranty Corporation (PBGC), an agency of the federal government. The PBGC does not require or provide insurance for the Plan.

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4. What Are My Rights Under ERISA?

This statement of ERISA rights is required by federal law and regulation. As a

participant in the Plan, you are entitled to certain rights and protections under the Employee Retirement Income Security Act of 1974 (ERISA). ERISA provides that all Plan Participants shall be entitled to:

A. Receive Information about Your Plan and Benefits

i. Examine, without charge, at the Employer’s office and at other

locations, such as worksites and union halls, all documents governing the Plan, including insurance contracts and collective bargaining agreements, and a copy of the latest annual report (Form 5500 series) filed by the Plan with the U.S. Department of Labor and available at the Public Disclosure Room of the Employee Benefits Security Administration.

ii. Obtain, upon written request to the Administrative Committee, copies of documents governing the operation of the Plan, including insurance contracts and collective bargaining agreements, and copies of the latest annual report (Form 5500 series) and updated summary plan description. The Administrative Committee may make a reasonable charge for copies.

iii. Receive a summary of the Plan’s annual financial report. The Administrative Committee is required by law to furnish each participant with a copy of this summary financial report.

iv. Obtain a statement of your total Plan benefits (your account balance) and your vested Plan benefits, if any, or if you have no vested benefits, a statement of how many more years you will have to work to have a vested right to plan benefits. This statement must be requested in writing and is not required to be given more than once every 12 months. The Plan must provide the statement free of charge.

B. Prudent Actions by Plan Fiduciaries

In addition to creating rights for Plan participants, ERISA imposes duties

upon the people who are responsible for the operation of the Plan. The people who operate your Plan, called “fiduciaries” of the Plan, have a duty to do so prudently and in the interest of you and other Plan Participants and beneficiaries.

No one, including your employer, your union, or any other person, may fire you or otherwise discriminate against you in any way to prevent you from obtaining a Plan benefit or exercising your rights under ERISA.

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C. Enforce Your Rights

If your claim for a Plan benefit is denied in whole or in part, you have a

right to know why this was done, to obtain copies of documents relating to the decision without charge, and to appeal any denial, all within certain time schedules.

Under ERISA, there are steps you can take to enforce the above rights. For instance, if you request materials from the Plan and do not receive them within 30 days, you may file suit in a federal court. In such a case, the court may require the Administrative Committee to provide the materials and pay you up to $110 a day until you receive the materials, unless the materials were not sent because of reasons beyond the control of the Administrative Committee.

If you have a claim for benefits which is denied or ignored, in whole or in part, you may file suit in a state or federal court. In addition, if you disagree with the Plan’s decision or lack thereof concerning the qualified status of a domestic relations order, you may file suit in federal court. If it should happen that Plan fiduciaries misuse the Plan’s money, or if you are discriminated against for asserting your rights, you may seek assistance from the U.S. Department of Labor, or you may file suit in a federal court. The court will decide who should pay court costs and legal fees. If you are successful, the court may order the person you have sued to pay these costs and fees. If you lose, the court may order you to pay these costs and fees, for example, if it finds your claim is frivolous.

If you have any questions about your plan, you should contact the Committee. If you have any questions about this statement or about your rights under ERISA, or if you need assistance in obtaining documents from the Plan Administrator, you should contact the nearest office of the Employee Benefits Security Administration, U.S. Department of Labor, listed in your telephone directory, or the Division of Technical Assistance and Inquiries, Employee Benefits Security Administration, U.S. Department of Labor, 200 Constitution Avenue N.W., Washington, D.C. 20210. You may also obtain certain publications about your rights and responsibilities under ERISA by calling the Publications Hotline of the Employee Benefits Security Administration.