RIRIE JOINT SCHOOL DISTRICT #252 403b PLAN

RIRIE JOINT SCHOOL DISTRICT #252 (the School District) has for some time and

pursuant to Code § 403(b) accommodated the desires of Participants by reducing the

taxable pay of each to the extent elected and remitting like amounts as 403b Paycheck

Savings to an approved Investment Provider chosen by that Participant to be applied to

a Code § 403(b) annuity contract or added to a Code § 403(b) mutual fund account for

that Participant. To date, the only documented provisions of such arrangement and

rights and obligations are as contained in written elections, annual notices of universal

availability, annuity contracts and depository/custodial agreements that apply to the

mutual fund account.

The U.S. Dept of Treasury issued final regulations in 2007 under Code § 403(b),

requiring certain annuity contracts or mutual fund accounts to be maintained after 2008

pursuant to a plan document of an eligible employer that specifies all the material terms

and conditions for eligibility, benefits, applicable limitations, the contracts available

under the plan, and the time and form under which benefit distributions will be made,

and which may further specify when and under what circumstances hardship withdrawal

distributions, loans, plan-to-plan or annuity contract-to-annuity contract transfers, and

acceptance of rollovers to the plan may be made. The School District, as an eligible

employer, adopts this Plan so that the Investment Providers of affected annuity

contracts and mutual fund accounts of Employees of the School District may arrange

with the School District to have those annuity contracts and mutual fund accounts

maintained pursuant to this Plan.

Accordingly and pursuant to the 2007 Regulations and IRS Revenue Procedure 2007-

71, the School District has contacted each Investment Provider to which any 403b

Paycheck Savings have been remitted on or since January 1, 2005, requesting the

Investment Provider to provide available information about its Annuity Contracts and

Mutual Fund Accounts that have received contributions paid directly from the School

District. Each Investment Provider has been notified of the name and contact

information of the Administrator. The School District has requested each Investment

Provider to cooperate with the School District in its efforts to include each Annuity

Contract and each Mutual Fund Account as part of and to be maintained pursuant to

this Plan of the School District, and to enter into information sharing and other

agreements with the School District.

This Plan and document hereby apply to each Annuity Contract or Mutual Fund Account

during the time that an information sharing agreement is in place between the

Investment Provider and the School District that, among other things, obligates the

Investment Provider to (a) reform to the extent necessary to meet and continue each

Annuity Contract or Mutual Fund Account in accordance with the requirements of

Treasury Regulation § 1.403(b)-3, and (b) distribute each Annuity Contract and Mutual

Fund Account as soon as administratively practicable following termination of this Plan

by the School District, in light of any restrictions contained in the Individual Agreements.

The School District shall maintain a current listing of such Investment Providers as

described in section 7.3 below.

No other annuity contract or mutual fund account is maintained by or pursuant to this

Plan. Nevertheless, if an Investment Provider of a Code § 403(b) annuity contract or

Code § 403(b) mutual fund account held by an Employee or former Employee requests

information reasonably necessary before a distribution or loan may be made from a

Code § 403(b) annuity contract or Code § 403(b) mutual fund account, the Administrator

will provide that information then included in School District records to the requesting

Investment Provider. Doing so shall not of itself render the Code § 403(b) annuity

contract or Code § 403(b) mutual fund account to be maintained pursuant to this Plan.

Section 1

Definition of Terms Used

The following words and terms, when used in the Plan, have the meaning set forth

below.

1.1 403b Paycheck Savings : Contributions made by the School District into an

Annuity Contract or Mutual Fund Account at the election and agreement of the

Participant for a reduction of a corresponding amount to Compensation otherwise

payable to the Participant. No 403b Paycheck Savings will be contributed after

December 31, 2008 into an Annuity Contract or Mutual Fund Account unless the

Investment Provider has entered into an information sharing agreement with the

School District .

1.2 Administrator : Business Manager (currently Jeff Summers) is generally the

Administrator. However, for Individual Agreements issued by an Investment

Provider, the Investment Provider is the Administrator as to those responsibilities

identified herein to be performed by the Investment Provider.

1.3 Annuity Contract : A nontransferable contract (as defined in Code § 403(b)(1)),

established by a Participant (or by the School District for a Participant) under or

pursuant to this Plan and that is issued by an Investment Provider that is an

insurance company qualified to issue annuities in Idaho and that includes payment

in the form of an annuity, per Income Tax Regulation §§ 1.403(b)-2 and -8(c).

Also, the contract must satisfy the incidental benefit requirement of Income Tax

Regulation § 1.401-1(b)(1)(ii), in form or operation, as provided in Tax

Regulation § 1.403(b)-6(g). The Participant's rights to benefits under the contract

are at all times nonforfeitable. The Investment Provider shall track the tax-deferred

contributions (and investment earnings) under an Annuity Contract separately from

the Roth (after-tax) contributions (and investment earnings) under that same

Annuity Contract. The Investment Provider shall also track any non-Roth, after-tax

contributions (and investment earnings) under an Annuity Contract separately from

the tax-deferred contributions (and investment earnings) and any Roth (after-tax)

contributions (and investment earnings) under that same Annuity Contract.

1.4 Beneficiary : The person either affirmatively designated by the Participant to the

Investment Provider or by default designated in the Individual Agreement to

receive any benefits under the Individual Agreement after the death of a

Participant, subject to such additional rules as may be set forth in the Individual

Agreement.

1.5 Mutual Fund Account : An individual custodial account (as defined in

Code § 403(b)(7) and Income Tax Regulation § 1.403(b)-8(d)) established by a

Participant (or by the School District for the Participant) under or pursuant to this

Plan for the Investment Provider to hold assets as Plan benefits for the Participant.

Also, the Individual Agreement regarding the Mutual Fund Account must specify

that the Mutual Fund Account will

a. be invested only in stock of a regulated investment company (as defined in

Code § 851(a) relating to mutual funds),

b. not be part of a retirement income account, and

c. not be loaned to the School District or used for, or diverted to, any purpose

other than the exclusive benefit of the Participant or Beneficiary before all

liabilities with respect to Participants and their Beneficiaries have been

satisfied.

The Investment Provider shall track the tax-deferred contributions (and investment

earnings) under a Mutual Fund Account separately from the Roth (after-tax)

contributions (and investment earnings) under that same Mutual Fund Account.

The Investment Provider shall also track any non-Roth, after-tax contributions (and

investment earnings) under a Mutual Fund Account separately from the taxdeferred

contributions (and investment earnings) and any Roth (after-tax)

contributions (and investment earnings) under that same Mutual Fund Account.

1.6 Code : The Internal Revenue Code of 1986, as now in effect or as hereafter

amended. All citations to sections of the Code are to such sections as they may

from time to time be amended or renumbered.

1.7 Compensation : All cash compensation for services to the School District,

including salary, wages, fees, commissions, bonuses, and overtime pay, that is

includible in the Employee's gross income for the calendar year, plus amounts that

would be cash compensation for services to the School District includible in the

Employee's gross income for the calendar year but for a compensation reduction

election under Code § 125, 132(f), 401(k), 403(b), or 457(b) (including an election

under Section 2 made to reduce compensation for 403b Paycheck Savings).

1.8 Effective Date : This documentation for the Plan is effective January 1, 2009.

employee of the School District performing services for a public school as an

employee of the School District. This definition is not applicable unless the

employee's compensation for performing services for a public school is paid by the

School District . Further, a person occupying an elective or appointive public office

is not an employee performing services for a public school unless such office is

one to which an individual is elected or appointed only if the individual has received

training, or is experienced, in the field of education. A public office includes any

elective or appointive office of a State or local government.

1.10 Includible Compensation : An Employee's actual wages in box 1 of Form W-2 for

a year for services to the School District, but subject to a maximum of $200,000 (or

such higher maximum as may apply under Code § 401(a)(17)) and increased (up

to the dollar maximum) by any compensation reduction election under Code § 125,

132(f), 401(k), 403(b), or 457(b) (including any 403b Paycheck Savings). The

amount of Includible Compensation is determined without regard to any community

property laws. The only wages included that are paid to a former Employee after

Severance from Employment are those

a. for a payroll period that begins before the Severance from Employment,

b. paid by the end of the Plan Year in which the Severance from Employment

occurs, or, if later, within 2½ months of the Severance from Employment,

c. paid to a Participant who is permanently and totally disabled, and

d. paid to a Participant relating to qualified military service under Code § 414(u).

1.11 Individual Agreement : The agreements between an Investment Provider and the

School District or a Participant that constitutes or governs a Mutual Fund Account

or an Annuity Contract. The Individual Agreements shall require the exchange of

information by and among the School District, the Administrator, those hired to

assist the Administrator hereunder, and each Investment Provider as necessary for

any of them to discharge their functions under this Plan and as otherwise provided

herein.

1.12 Investment Provider : The provider of an Annuity Contract or Mutual Fund

Account that is part of or governed by this Plan, as listed per Section 7.3.

a. A current Investment Provider is a provider of Annuity Contracts or Mutual Fund

Accounts while the Plan permits 403b Paycheck Savings to be made into such

Annuity Contracts or Mutual Fund Accounts.

b. A former Investment Provider is a provider of any Annuity Contract or Mutual

Fund Account that has not completely paid out to the Participant or Beneficiary

but as to which the Plan no longer permits any further 403b Paycheck Savings

appearing in previous government publications

to be made. The School District shall provide former Investment Providers

information as to whether the Participant's employment with the School District

is continuing, and notifying the former Investment Provider when the Participant

has had a Severance from Employment (for purposes of the distribution

restrictions in Section 5.1)

1.13 Participant : An Employee as to whom 403b Paycheck Savings have been made,

but has not yet received a distribution of his or her entire benefits from Annuity

Contracts and Mutual Fund Accounts.

1.14 Plan : Ririe Joint School District (#252) 403b Plan.

1.15 Plan Year : The calendar year.

1.16 Related Employer : The School District and any other entity which is under

common control with the School District under Code § 414(b) or (c). For this

purpose, the School District shall determine which entities are Related Employers

based on a reasonable, good faith standard and taking into account the special

rules applicable under Notice 89-23, 1989-1 CB 654.

1.17 Required Minimum Payouts : Payments made each year by the Investment

Provider until and including the year of the Participant's death which total for each

such year an amount equal to the balance of the Annuity Contract or Mutual Fund

Account as of the end of the prior year, divided by the distribution period set forth

in the Uniform Lifetime Table at Income Tax Regulation § 1.401(a)(9)-9, A-2, for

the Participant's age on the Participant's birthday for that year.

1.18 Severance from Employment : For purpose of the Plan, the Administrator shall

treat as a Severance of Employment the end of employment of an Employee by -

a. the School District and any Related Entity (as detailed in Income Tax

Regulation §§ 1.401(k)-1(d) and 1.403(b)-2(b)(19)), and

b. a public school, even though the Employee may continue to be employed by a

Related Employer that is another unit of the State or local government that is

not a public school or in a capacity that is not employment with a public school

(e.g., ceasing to be an employee performing services for a public school but

continuing to work for the same State or local government employer).

Section 2

Participation and Contributions

2.1 Eligibility. Each Employee performing services for and receiving paychecks from

the School District shall be eligible to elect 403b Paycheck Savings.

2.2 Information Provided by the Employee. Before an eligible Employee may make

a 403b Paycheck Savings election, that Employee must provide to the

Administrator any information necessary or advisable for the Administrator to

operate the Plan (as well as keeping the Administrator updated regarding such

information, and providing additional information as the Administrator may later

determine is so needed, including any information about Individual Agreements).

2.3 403b Paycheck Savings Election. An eligible Employee elects to become a

Participant by executing an election to reduce his or her Compensation (and have

a like amount contributed as 403b Paycheck Savings on his or her behalf) and

filing it with the Administrator. In doing so, the eligible Employee must

a. make this election using a 403b Paycheck Savings Agreement provided by the

Administrator under which the Employee agrees to be bound by all the terms

and conditions of the Plan, including the requirement that at least $200 for the

Plan Year shall be deferred from the Participant's Compensation.

b. irrevocably designate on the 403b Paycheck Savings Agreement which portion,

if any, is to be made on a tax-deferred basis and which portion, if any, is to be

made on a Roth (after-tax) basis.

c. designate which of the current Investment Providers the School District is to

forward the reduced Compensation.

d. designate which existing Annuity Contract or Mutual Fund Account into which

the elected 403b Paycheck Savings are to be placed into, or which type-an

Annuity Contract or Mutual Fund Account-the elected 403b Paycheck Savings

are to be placed into.

The School District will reduce Compensation as elected 403b Paycheck Savings

beginning with the first payday that is at least 15 days after the completed and

signed 403b Paycheck Savings Agreement is filed with the Administrator. The

School District shall continue to reduce Compensation pursuant to that 403b

Paycheck Savings Agreement until 15 days after a newly completed and signed

403b Paycheck Savings Agreement is received and thus takes effect.

An Employee's participation in the Plan is subject to the terms and conditions of

the Individual Agreements.

2.4 Change in 403b Paycheck Savings Election. Subject to the provisions of the

applicable Individual Agreements, an Employee may at any time revise his or her

participation election, including a change of

a. the amount of his or her 403b Paycheck Savings,

b. which portions of future 403b Paycheck Savings shall be tax-deferred and

which shall be Roth (after-tax), and the designation of Investment Provider, and

c. the type of Annuity Contracts or Mutual Fund Accounts therein for future 403b

Paycheck Savings.

The Employee shall use a 403b Paycheck Savings Agreement provided by the

Administrator to make such a change, and it shall only be effective as to paydays

that occur more than 15 days after filed with the Administrator. The new 403b

Paycheck Savings Agreement will not be effective to the extent it may otherwise

result in 403b Paycheck Savings of the Participant being less than $200 for the

Plan Year.

2.5 Contributions Made Promptly. Within 10 calendar days of the payday which the

reduced Compensation would otherwise have been paid to the Participant, the

School District shall transfer to the designated Investment Provider (for deposit into

the designated Annuity Contract or Mutual Fund Account) an amount equal to the

Compensation reduced pursuant to a 403b Paycheck Savings Agreement.

2.6 Leave of Absence. Unless an election is otherwise revised, the School District

shall continue the elected 403b Paycheck Savings while an Employee is absent

from work by leave of absence.

Section 3

Limitations on Amounts Deferred

3.1 Annual Limitation on 403b Paycheck Savings. The School District shall not

reduce Compensation for any calendar year pursuant to a Participant's 403b

Paycheck Savings Agreement in an amount that exceeds the applicable

Code § 402(g)(1) amount as adjusted for cost-of-living under Code § 415(d). For

2008, the Code § 402(g)(1) amount is $15,500 for those Employees not yet age 50

by December 31, 2008 and is $20,500 for those age 50 or older by December 31,

2008. In no event shall the School District reduce Compensation beyond the

amount of the Participant's Includible Compensation for the calendar year.

3.2 Special Rule for a Participant Covered by Another Code § 403(b) Plan or a

Code § 401(k) Plan. For purposes of Section 3.1, if the Participant is or has been

a participant in one or more other plans under Code § 403(b) or Code § 401(k)

(and any other plan that permits elective deferrals under Code § 402(g)), then this

Plan and all such other plans shall be considered as one plan for purposes of

applying the foregoing limitations of Section 3.1. For this purpose, the

Administrator shall take into account any other such plan maintained by any

Related Employer and shall also take into account any other such plan for which

the Administrator receives from the Participant sufficient information concerning his

or her participation in such other plan.

3.3 Correction of Excess 403b Paycheck Savings.

a. By March 25 after the end of each calendar year and based on any information

provided by the Participant, the Administrator shall determine if the 403b

Paycheck Savings on behalf of a Participant for any calendar year exceed the

limitations of Section 3.1, or such 403b Paycheck Savings exceed the

limitations of Section 3.1 when combined with other amounts deferred by the

Participant under another plan of the School District under Code § 403(b) or

Code § 401(k) (and any other plan that permits elective deferrals under

Code § 402(g) for which the Participant provides information that is accepted by

the Administrator).

b. By March 31 after the end of the calendar year as to which an excess has been

determined, the Administrator shall notify and instruct each Investment Provider

of the amount of any excess to be distributed from each Annuity Contract or

Mutual Fund Account.

c. By April 15 after the end of the calendar year as to which an excess has been

determined and corrective payout instructed, an Investment Provider shall

distribute from the Annuity Contract or Mutual Fund Account to the Participant

the excess instructed by the Administrator (adjusted for any income or loss in

value, if any, allocable thereto).

3.4 Protection of Persons Who Serve in a Uniformed Service.

a. The School District will permit an Employee whose employment is interrupted

by qualified military service under Code § 414(u) or who is on a leave of

absence for qualified military service under Code § 414(u) to elect to make

additional 403b Paycheck Savings upon resumption of employment with the

School District .

b. The amount such an Employee may elect is equal to the maximum 403b

Paycheck Savings that the Employee could have elected during the period of

interruption or leave if the Employee's employment with the School District had

continued (at the same level of Compensation) without the interruption or leave,

reduced by the 403b Paycheck Savings, if any, actually made for the Employee

during the period of the interruption or leave.

c. Except to the extent provided under Code § 414(u), an Employee's right to

make such additional 403b Paycheck Savings applies for five years following

the resumption of employment (or, if sooner, for a period equal to three times

the period of the interruption or leave).

Section 4

No Loans

No Investment Provider shall make any loans to the Participant from any Annuity

Contracts or Mutual Fund Accounts. Participants may, however, continue to repay

loans made prior to this Plan document pursuant to terms that comply with Code

§ 72(p); all other loan balances are immediately due and payable, and if not repaid by

March 31, 2009, shall be treated as a defaulted loan and deemed distribution.

Section 5

Benefit Distributions

5.1 Benefit Distributions at Severance from Employment or Other Distribution

Event . Except as permitted under Section 5.5 (relating to hardship payouts),

Section 3.4 (relating to excess 403b Paycheck Savings), Section 5.4 (relating to

withdrawals of amounts rolled over into an Annuity Contract or Mutual Fund

Account), or Section 8.3 (relating to termination of the Plan), an Investment

Provider may only make distributions from a Participant's Annuity Contract or

Mutual Fund Account after the Participant-

a. has a Severance from Employment (as confirmed by the Administrator),

b. attains age 59½,

c. dies, or

d. becomes disabled (as determined by the Investment Provider pursuant to the

terms of the Individual Agreement).

Distributions shall otherwise be made in accordance with the terms of the

Individual Agreements.

5.2 Lump-sum Payouts; Delivery of Fully Paid Insurance Annuity Contracts. The

terms of the Individual Agreement may permit the Investment Provider to make

distributions in the form of a lump-sum payment or by delivery of a fully paid

insurance annuity contract to the Participant or Beneficiary, but only with the

consent of the Participant or Beneficiary and if the Participant or Beneficiary does

not elect a direct rollover as provided in Section 5.5.

5.3 Required Minimum Payouts. As to each Individual Agreement, the Investment

Provider shall make the minimum distributions required by Code § 401(a)(9) and

the regulations thereunder, in accordance with this Section 5.3.

a. Required Minimum Payouts shall begin by April 1 of the year following the

calendar year in which the Participant attains age 70½ or, if later, by April 1 of

the year following the year in which the Participant retires or otherwise has a

Severance from Employment. This is the Participant's required beginning date.

b. If Required Minimum Payouts do not commence until the calendar year of the

required beginning date, the Investment Provider shall make two (2) Required

Minimum Payouts during that calendar year:

(1) one for the calendar year in which the Participant attains age 70½ or, if

later, by April 1 of the year following the year in which the Participant retires

or otherwise has a Severance from Employment, and

(2) the second for the calendar year of the required beginning date.

c. For purposes of applying the distribution rules of Code § 401(a)(9), the

Investment Provider shall treat each Individual Agreement as an individual

retirement account (IRA) and the minimum distribution required by reason of

each Individual Agreement shall be made only from and by reason of that

Annuity Contract or Mutual Fund Account, in accordance with the provisions of

Income Tax Regulations § 1.408-8, except as provided in Income Tax

Regulations § 1.403(b)-6(e). For example, even if the sole Beneficiary is the

surviving spouse of the Participant, the Investment Provider shall not treat the

Annuity Contract or Custodial Agreement as the Beneficiary's own.

d. To the extent permitted in the Individual Agreement (with or without the

Participant's consent), the Investment Provider may

(1) make the Required Minimum Payouts for the calendar year in which the

Participant attains age 70½ or, if later, in which the Participant retires or

otherwise has a Severance from Employment, by the end of such calendar

year.

(2) make monthly or quarterly installments that total, for a calendar year, the

Required Minimum Payouts for that calendar year, and/or

(3) distribute a greater amount (not to exceed the amount of the remaining

balance of the Annuity Contract or Mutual Fund Account) during a year than

the Required Minimum Payouts for that calendar year.

5.4 In-Service Distributions from Rollover Account. To the extent the Investment

Provider has kept track of the benefits under an Annuity Contract or Mutual Fund

Account attributable to contributions rolled over into the Plan (and subsequent

investment earnings thereon) separate from the benefits from other contributions

(and investment earnings thereon), the Investment Provider may distribute all or

any portion of the rolled-over benefits to the Participant whenever so elected by the

Participant.

5.5 Hardship Payout.

a. Upon request from a Participant and his or her agreement to bear the cost of

professional assistance analyzing the eligibility for a hardship payout and

preparing any documents incident to such request, the Administrator shall

determine (or contract out for determination) whether the Participant is eligible

for a hardship payout and in what amount, but only to the extent consistent with

Income Tax Regulations §§ 1.403(b)-6(d)(2) and 1.401(k)-1(d)(3). The

Administrator shall take into account as financial resources available to the

Participant

(1) any amount of eligible rollover contributions (see Section 6.1) that the

Participant may withdraw while an active employee from any Annuity

Contract or Mutual Fund Account, and

(2) any amount available as a loan or other non-hardship withdrawal from any

other plan or arrangement under Code § 403(b) or 401(a) of which the

Administrator is aware.

The Administrator shall only approve or direct hardship payouts from an

Annuity Contract or Mutual Fund Account to the extent determined without

investment earnings. The Administrator shall assess against an Annuity

Contract or Mutual Fund Account of the requesting Participant any costs

incurred by the Administrator in making such a determination, including

determinations that the Participant's situation is not eligible for a hardship or is

eligible for hardship but only for an amount less than requested by the

Participant.

b. The Administrator shall direct the Investment Provider with respect to the

Annuity Contract or Mutual Fund Account to make a hardship payout of an

amount specified by the Administrator (and to make payment of the amount

assessed against the Annuity Contract or Mutual Fund Account as the cost for

making the determination). The Investment Provider shall pay from the Annuity

Contract or Mutual Fund Account the amount as directed and specified by the

Administrator. The Investment Provider shall then make the hardship payout

from Annuity Contract(s) and/or Mutual Fund Account(s), but only to the

extent-

(1) directed by the Administrator,

(2) of the aggregate amount of tax-deferred contributions to the Annuity

Contract or Mutual Fund Account (determined without investment earnings),

and

(3) otherwise allowed by the Individual Agreement controlling the Annuity

Contract or Mutual Fund Account

If the Investment Provider has not kept track of the amount of the tax-deferred

403b Paycheck Savings that have been made into the Annuity Contract or

Mutual Fund Account separate from investment earnings, then no hardship

distribution may be made by reason or out of tax-deferred 403b Paycheck

Savings.

c. The Investment Provider shall notify the School District and the Administrator of

the date and amount of the hardship payout.

d. The School District shall suspend all 403b Paycheck Savings by the Participant

for 6 months beginning on the date the Participant receives the hardship

payout.

5.6 Rollover Distributions.

a. Before payment of any amount under an Investment Agreement that qualifies

as an eligible rollover distribution (as defined in Code § 402(c)(4)) from an

Annuity Contract or Mutual Fund Account, the Investment Provider must give

the Participant or the Beneficiary (or a Participant's spouse or former spouse

who is an alternate payee under a domestic relations order, as defined in

Code § 414(p)) the option to have any portion thereof paid directly to an eligible

retirement plan (as defined in Code § 402(c)(8)(B)) specified by the Participant,

Beneficiary or alternate payee in a direct rollover. For this purpose, an amount

shall be an 'eligible rollover distribution' for this purpose even if less than $200.

b. Each Investment Provider shall be separately responsible for providing, within a

reasonable time period before making an initial eligible rollover distribution, an

explanation to the Participant of his or her right to elect a direct rollover and the

income tax withholding consequences of not electing a direct rollover, in

accordance with Code § 402(f).

c. In the case of a distribution to a Beneficiary who at the time of the Participant's

death was neither the spouse of the Participant nor the spouse or former

spouse of the participant who is an alternate payee under a domestic relations

order, a direct rollover is payable only to an individual retirement account or

individual retirement annuity (IRA) that has been established on behalf of the

Beneficiary as an inherited IRA (within the meaning of Code § 408(d)(3)(C)).

Section 6

Rollovers to the Plan and Transfers

6.1 Eligible Rollover Contributions to the Plan.

a. Eligible Rollover Contributions. On the request of a Participant who is

entitled to receive an eligible rollover distribution from another eligible

retirement plan, any current Investment Provider may (but is not required to)

accept payment of all or any portion of that eligible rollover distribution into an

Annuity Contract or Mutual Fund Account for such Participant on the terms and

conditions of Individual Agreements then available from that current Investment

Provider. Before a current Investment Provider may accept such a rollover, it

must require such documentation from the distributing plan as the Investment

Provider deems necessary

(1) to confirm that the distributing plan is an eligible retirement plan within the

meaning of Code § 402(c)(8)(B),

(2) to confirm that it is receiving an eligible rollover distribution as defined in

Section 6.1.b. from the distributing plan, and

(3) to effectuate the rollover in accordance with Code § 402.

However, in no event shall an Investment Provider accept into an Annuity

Contract or Mutual Fund Account a rollover contribution from a Roth (after-tax)

elective deferral account under an applicable retirement plan described in

Code § 402A(e)(1) or a Roth IRA described in Code § 408A at a time when

403b Paycheck Savings may not be permitted on a Roth (after-tax) basis.

Such rollover contributions may be made in cash or other property acceptable

to that current Investment Provider.

b. Eligible Rollover Distribution. For purposes of Section 6.1.a., an eligible

rollover distribution means any distribution of all or any portion of a Participant's

benefit under another eligible retirement plan, except that an eligible rollover

distribution does not include

(1) any installment payment for a period of 10 years or more,

(2) any distribution made as a result of an unforeseeable emergency or other

distribution which is made upon hardship of the employee, or

(3) for any other distribution, the portion, if any, of the distribution that is a

required minimum distribution under Code § 401(a)(9).

In addition, an eligible retirement plan means an individual retirement account

described in Code § 408(a), an individual retirement annuity described in

Code § 408(b), a qualified trust described in Code § 401(a), an annuity plan

described in Code § 403(a) or 403(b), or an eligible governmental plan

described in Code § 457(b).

c. Separate Accounting. The Investment Provider shall track the benefits from

any eligible rollover distribution paid into an Annuity Contract or Mutual Fund

Account (and subsequent investment earnings) separately from all other

benefits under such Annuity Contract or Mutual Fund Account.

6.2 Plan-to-Plan Transfers to the Plan.

a. Upon the joint instruction from the School District and the Administrator, current

Investment Providers may (but shall not be required to) accept into individual

Annuity Contracts or Mutual Fund Accounts a transfer of assets to the Plan as

provided in this Section 6.2 for a class of Employees, current or former, who

are participants or beneficiaries in another Code § 403(b) plan that provides for

the direct transfer of each person's entire interest therein to the Plan

b. A current Investment Provider may only accept such a transfer if the

transferring Code § 403(b) plan's administrator provides documentation the

Investment Provider deems necessary to effectuate the transfer in accordance

with Income Tax Regulations § 1.403(b)-10(b)(3) and to confirm that the other

plan satisfies Code § 403(b). The Investment Provider accepting such

transferred amounts may require that the transfer be in cash or other property

acceptable to it.

c. The current Investment Providers receiving the amount so transferred shall

credit the amount received on behalf of a Participant to the Participant's Annuity

Contract or Mutual Fund Account, so that the Participant whose assets are

being transferred has accumulated benefits immediately after the transfer at

least equal to his or her accumulated benefits immediately before the transfer.

Contract or Mutual Fund Account receiving the amounts, the Investment

Provider shall hold, account, administer and otherwise treat the received

amount in the same manner as 403b Paycheck Savings by the Participant,

except that

(1) if the received amount is subject to any Code § 403(b) distribution

restrictions, the Individual Agreement must impose restrictions on

distributions to the Participant or Beneficiary that are at least as stringent as

than those imposed by the transferring Code § 403(b) plan, and

(2) the received amount shall not be considered 403b Paycheck Savings in

determining the maximum deferral under Section 3.

6.3 Plan-to-Plan Transfers from the Plan.

a. Upon the joint instruction from the School District and the Administrator, a class

of Participants and Beneficiaries may elect to have all or any portion of their

balances in their respective Annuity Contracts or Mutual Fund Accounts

transferred to another Code § 403(b) plan specified by the School District and

Administrator but only if

(1) the affected Participants or Beneficiaries are employees or former

employees of the employer (or the business of the employer) that sponsors

the receiving Code § 403(b) plan,

(2) the receiving Code § 403(b) plan provides for the acceptance of plan-to-plan

transfers with respect to the Participants and Beneficiaries,

(3) the receiving Code § 403(b) plan requires that it credit the amount received

on behalf of a Participant or Beneficiary so that the Participant or

Beneficiary whose assets are so transferred has accumulated benefits

immediately after the transfer at least equal to his or her accumulated

benefits immediately before the transfer,

(4) the receiving Code § 403(b) plan provides that the transferred benefits are

subject to distribution restrictions that are not less stringent than those

imposed under the Plan, and

(5) the receiving Code § 403(b) plan provides that if the transfer does not

constitute a complete transfer of the Participant's or Beneficiary's interest in

an Annuity Contract or Mutual Fund Account, the receiving Code § 403(b)

plan shall treat the amount transferred as a continuation of a pro rata portion

of the Participant's or Beneficiary's interest in that Annuity Contract or

Mutual Fund Account (e.g., a pro rata portion of the Participant's or

Beneficiary's interest in any after-tax employee contributions to the Annuity

Contract or Mutual Fund Account).

b. If so elected by a Participant, each Investment Provider of any Annuity

Contracts and Mutual Fund Accounts of the Participant shall transfer the assets

elected to the receiving Code § 403(b) plan, in accordance with Income Tax

Regulations § 1.403(b)-10(b)(3), but only after the Investment Provider receives

documentation from the receiving Code § 403(b) plan to the satisfaction of the

Investment Provider necessary to effectuate the transfer in accordance with

Code § 403 and Income Tax Regulations § 1.403(b)-10(b)(3).

c. Upon the transfer of assets under this Section 6.3, the liability to pay benefits to

the Participant or Beneficiary under this Plan shall be discharged to the extent

of the amount so transferred for the Participant or Beneficiary.

d. In addition, if a plan-to-plan transfer does not constitute a complete transfer of

the Participant's or Beneficiary's interest in this Plan, the Investment Provider

shall treat the amount transferred from the Annuity Contract or Mutual Fund

Account as a continuation of a pro rata portion of the Participant's or

Beneficiary's interest in this Plan (e.g., a pro rata portion of the Participant's or

Beneficiary's interest in any after-tax employee contributions).

6.4 Annuity Contract and Mutual Fund Account Exchanges.

a. A Participant or Beneficiary is permitted to exchange any Annuity Contract or

Mutual Fund Account of that Participant or Beneficiary for or into an Annuity

Contract or Mutual Fund Account with any current Investment Provider, subject

to approval by both Investment Providers and to the terms of both Individual

Agreements involved.

b. The Participant or Beneficiary must have a balance, in the aggregate, of

Annuity Contracts and Mutual Fund Accounts immediately after the exchange

that is at least equal to the balance, in the aggregate, of Annuity Contracts and

Mutual Fund Accounts immediately before the exchange.

6.5 Permissive Service Credit Transfers.

e. If a Participant is also a participant in a tax-qualified defined benefit

governmental plan (as defined in Code § 414(d)) that provides for the

acceptance of plan-to-plan transfers with respect to the Participant, then

the Participant may elect to have any portion of the balance of the

Participant's Annuity Contract or Mutual Fund Account transferred to the

defined benefit governmental plan. A transfer under this Section 6.5.e.

may be made before the Participant has had a Severance from

Employment.

f. The Investment Provider shall only make the transfer elected under

Section 6.5.e. after the Investment Provider has been supplied

documentation from which the Investment Provider is satisfied the transfer

is either for the purchase of permissive service credit (as defined in

Code § 415(n)(3)(A)) under the receiving defined benefit governmental

plan or a repayment to which Code § 415 does not apply by reason of

Code § 415(k)(3).

Section 7

Investment of Contributions

7.1 Manner of Investment. Once contributed, Investment Providers shall hold and

invest all property and rights purchased with such amounts under the Individual

Agreements, and all income attributable to such amounts, property, or rights in one

or more Annuity Contracts or Mutual Fund Accounts until properly distributed in

accordance with this Plan.

7.2 Investment of Contributions. Each Participant or Beneficiary shall instruct the

Investment Provider directly regarding the investment of his or her Annuity

Contract or Mutual Fund Account among the investment options available under

the Annuity Contract or Mutual Fund Account, in accordance with the terms of the

Individual Agreements. Transfers among Annuity Contracts and Mutual Fund

Accounts may be made to the extent provided in the Individual Agreements,

permitted under applicable Income Tax Regulations, and if to a different

Investment Provider, as specified in Section 6.4.

7.3 Current and Former Investment Providers. The Administrator shall maintain a

list of all Investment Providers, current and former. Such list is hereby

incorporated as part of the Plan. The Administrator shall provide the initial list and

any updates to the list to each Investment Provider. Each Investment Provider and

the Administrator shall exchange such information as may be necessary to satisfy

Code § 403(b) or other requirements of applicable law. In the case of an

Investment Provider which is not eligible to receive 403b Paycheck Savings

(including an Investment Provider which has ceased to be an Investment Provider

eligible to receive 403b Paycheck Savings and an Investment Provider holding

assets in accordance with Section 6.2 or 6.4), the School District shall keep the

Investment Provider informed of the name and contact information of the

Administrator in order to coordinate information necessary to satisfy Code § 403(b)

or other requirements of applicable law.

Section 8

Amendment and Plan Termination

8.1 Termination of Contributions. The School District is not obligated to maintain

the Plan for any length of time and may discontinue 403b Paycheck Savings to the

Plan at any time without any liability hereunder for any such discontinuance.

8.2 Amendment and Termination. The School District reserves the authority to

amend or terminate this Plan at any time.

8.3 Distribution upon Termination of the Plan. The School District may provide

that, in connection with a termination of the Plan and subject to any restrictions

contained in the Individual Agreements, all Annuity Contract and Mutual Fund

Accounts will be distributed, provided that the School District and any Related

Employer on the date of termination do not make contributions (at the election of

employees or otherwise) to an alternative Code § 403(b) contract that is not part of

the Plan during the period beginning on the date of plan termination and

ending 12 months after the distribution of all assets from the Plan, except to the

extent permitted by the Income Tax Regulations. Delivery of a fully paid individual

insurance annuity contract is treated as a distribution for this purpose.

Section 9

Miscellaneous

9.1 Non-Assignability. Except as provided in Sections 9.2 and 9.3, the interests of

each Participant or Beneficiary in Annuity Contracts and Mutual Fund Accounts

under the Plan are not subject to the claims of the Participant's or Beneficiary's

creditors; and neither the Participant nor any Beneficiary shall have any right to

sell, assign, transfer, or otherwise convey the right to receive any payments

hereunder or any interest in an Annuity Contract or Mutual Fund Account under the

Plan, which payments and interest are expressly declared to be non-assignable

and non-transferable.

9.2 Domestic Relation Orders. The Administrator shall establish reasonable

procedures for determining the status of any judgment, decree or order (including

approval of a property settlement agreement) that relates to the provision of child

support, alimony payments, or the marital property rights of a spouse or former

spouse, child, or other dependent of a Participant made pursuant to the domestic

relations law of any State (domestic relations order) is a qualified domestic

relations order (QDRO) set forth in Code § 414(p) and for effectuating distribution

pursuant to the QDRO. Notwithstanding Section 9.1-

a. upon receipt of any domestic relations order, the Administrator shall have

determined (pursuant to the adopted QDRO procedures) whether the domestic

relations order is a QDRO.

Administrator shall instruct the Investment Providers of the amounts to be paid

from the Participant's Annuity Contracts and Mutual Fund Accounts to the

alternate payee consistent with the directives of the QDRO, regardless of

whether the Participant is then eligible for a distribution of benefits from the

impacted Annuity Contracts and Mutual Fund Accounts.

c. whether the domestic relations order is or is not found to be a QDRO, the

Administrator shall assess a specified amount against an Annuity Contract or

Mutual Fund Account of the Participant for the costs incurred by the

Administrator in making such a determination and direct any Investment

Provider with respect to any Annuity Contract or Mutual Fund Account of the

Participant to make payment of the specified amount, as directed by the

Administrator, from the Annuity Contract or Mutual Fund Account.

9.3 IRS Levy. Notwithstanding Section 9.1, the Administrator will direct the

Investment Provider to pay from the balance of a Participant's or Beneficiary's

Annuity Contract or Mutual Fund Account the amount that the Administrator finds is

lawfully demanded under a levy issued by the Internal Revenue Service with

respect to that Participant or Beneficiary or is sought to be collected by the United

States Government under a judgment resulting from an unpaid tax assessment

against the Participant or Beneficiary.

9.4 Tax Withholding and Reporting on 403b Paycheck Savings. The School

District will compute and withhold Federal Insurance Contributions Act (FICA) and

other employment taxes to the extent required of the School District's payroll on all

403b Paycheck Savings (and remit such withheld employment taxes and pay the

employer's portion to the appropriate taxing authorities). The School District will

compute and withhold Federal income taxation on any 403b Paycheck Savings

unless the Participant has designated irrevocably to be tax-deferred (not Roth,

after-tax) contributions. The School District will also report such 403b Paycheck

Savings on IRS Forms 941, 945 and W-2 to the extent required. An Employee

shall provide such information as the School District may need to satisfy this

withholding obligation, and any other information that may be required by guidance

issued under the Code.

9.5 Tax Withholding and Reporting on Payouts from the Annuity Contracts and

Mutual Fund Accounts. The Investment Provider shall withhold income taxes

from any benefit payment made from any Annuity Contract or Mutual Fund

Account to the extent required by applicable income tax withholding requirements

such as Code § 3401 and the Employment Tax Regulations thereunder (and remit

such withheld employment taxes and pay the employer's portion to the appropriate

taxing authorities). The Investment Provider will also report such 403b Paycheck

Savings on IRS Forms 945 and 1099-R to the extent required. A payee shall

provide such information as the Investment Provider may need to satisfy income

tax withholding obligations, and any other information that may be required by

guidance issued under the Code.

9.6 Mistaken Contributions. If any 403b Paycheck Savings contribution (or any

portion of a contribution) is made to an Annuity Contract or Mutual Fund Account

under the Plan by a good faith mistake of fact, then within one year after the

payment of the contribution, and upon receipt in good order of a proper request

approved by the Administrator, the amount of the mistaken contribution (adjusted

for any income or loss in value, if any, allocable thereto) shall be returned directly

to the Participant.

9.7 Incorporation of Individual Agreements. The Plan, together with the Individual

Agreements, is intended to satisfy the requirements of Code § 403(b) and the

Income Tax Regulations thereunder. Terms and conditions of the Individual

Agreements are hereby incorporated by reference into the Plan, excluding those

terms that are inconsistent with the Plan or Code § 403(b).

9.8 Governing Law. The Plan will be construed, administered and enforced

according to the Code and the laws of the State of Idaho.

9.9 Headings. Headings of the Plan have been inserted for convenience of reference

only and are to be ignored in any construction of the provisions hereof.

9.10 Gender. Pronouns used in the Plan in the masculine or feminine gender include

both genders unless the context clearly indicates otherwise.

Ririe Joint School District #252

By: ________________________________ DATED:

Dr Ron Perrenoud, Superintendent

RIRIE JOINT SCHOOL DISTRICT NO. 252 403b PLAN

"Freeze" Amendment

RIRIE JOINT SCHOOL DISTRICT NO. 252 (the School District) sponsors and

maintains the Ririe Joint School District No. 252 403b Plan (the Plan). The School

District has adopted or is at this time adopting a comprehensive document for governing

the Plan. Pursuant to the reserved authority set forth in sections 8.1 and 8.2 of the Plan

document, the School District hereby amends the Plan so that no 403b Paycheck

Savings will be allowed under the Plan as to paydays occurring after December 31,

2008 (and no other contributions under the Plan made after December 31, 2008).

Ririe Joint School District No. 252

By: ________________________________ DATED:

Dr Ron Perrenoud, Superintendent