Active participants vest in the
Age-Weighted Contribution at a rate of 34% after one year of eligible service, 67% after two years of eligible service and 100% after three years. Participants also will become 100% vested if their
participation in the Plan ends due to retirement on or after age 55, total and permanent disability, or death.
Participants may request voluntary withdrawals of their Supplemental contributions and may also apply for hardship withdrawals
from their CODA, Roth, Catch-up and Roth Catch-up contributions, subject to adherence to Internal Revenue Service regulations as determined by the Plans
recordkeeper, or request an in-service distribution upon attainment of age 591⁄2. Active participants may request an in-service distribution of Company Matching contributions attributable to periods prior to January 1, 2015 at age 55, and Company Matching contributions attributable to periods on and after January 1, 2015
at age 591⁄2.
Participants may
request an in-service distribution of their Age-Weighted Contributions upon attainment of age 59-1/2. Upon attainment of age 55,
vested active participants may request an in-service distribution. If a distribution is made prior to age 59-1/2, it must be in the form of monthly, quarterly or annual
installments over a fixed period of time not to exceed the lifetime of the participant. These installments may be adjusted in the year a participant reaches age 59-1/2 or becomes disabled. Effective
January 1, 2022, installments may be taken as a lump-sum distribution. Hardship withdrawals of Age-Weighted Contributions are not allowed under the Plan.
When a participants employment terminates, the participants vested account balances may be distributed in a single
lump sum. Participants may also elect installment distribution payments or partial withdrawals of their vested account balance. Amounts distributed from the Berkshire Hathaway Class B Stock Fund are paid in the form of Class B shares of
Berkshire Hathaway or their cash equivalent at the participants election.
Effective January 4, 2021 the
Company amended the Plan to provide for the automatic distribution of Plan balances of a Separated Participant (or a Participants Beneficiary, in the event of the Participants death) of $5,000 or less, and, if the Participant does not
otherwise elect to receive such distribution as a payment or as direct rollover to another plan, to provide for the rollover of such balance to an individual retirement account established for the Participant.
Notes Receivable From ParticipantsThe Plan allows participants to borrow up to the lesser of $50,000, 100%
of the value of their CODA, Roth, Catch-up, vested Matching and Rollover accounts, or 50% of their vested total account balance. Each participant is restricted to two outstanding loans at a time (reduced from
three outstanding loans effective January 1, 2021), and the minimum loan is $1,000.
Participant loans accrue
interest at a rate fixed at the time of the borrowings. Loan repayments are made through payroll deductions and are credited to the participants account. The repayment period may not be more than five years except for loans issued to purchase
a principal residence, which may be repaid within fifteen years.
Forfeited AccountsForfeited
nonvested accounts may be used to reduce future Company contributions or offset plan expenses.
In 2022 and 2021, the
forfeiture balance at year end totaled $204,844 and $394,364, respectively. Subsequent to year end 2022 and 2021, $250,664 and $408,005 of the current forfeiture balance, respectively, was used to reduce Company contributions and is netted with the
respective years contribution receivable balance.
2. |
SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES |
Basis of AccountingEach fund of the Plan is accounted for separately. The accounts of these funds are
maintained, and the accompanying financial statements have been prepared, on the accrual basis of accounting.
Investments
held by a defined contribution plan are required to be reported at fair value, except for fully benefit-responsive investment contracts. Contract value is the relevant measure for the portion of the net assets available for benefits of a defined
contribution plan attributable to fully benefit-responsive investment contracts because contract value is the amount participants normally would receive if they were to initiate permitted transactions under the terms of the Plan.
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