\n Section 4.8 Validity ………………………………………………………………….. 9
\n Section 4.9 Withholding ……………………………………………………………….. 9<\/p>\nAPPENDIX A IRREVOCABLE ASSIGNMENT OF BENEFITS UNDER THE H&R BLOCK, INC. EXECUTIVE SURVIVOR PLAN ………….. A-1
\n<\/c><\/s><\/table>\n
ii
\n 4<\/p>\n
H&R BLOCK, INC.
\n EXECUTIVE SURVIVOR PLAN<\/p>\n
The H&R Block, Inc. Executive Survivor Plan as amended and restated herein
\nis made and entered into as of this ___ day of _____________, 2000, by the
\nCompany.<\/p>\n
WHEREAS, effective June 1, 1990, the Company adopted the H&R Block, Inc.
\nExecutive Survivor Plan;<\/p>\n
WHEREAS, effective January 1, 2000, the Company adopted an amendment to the
\nPlan; and<\/p>\n
WHEREAS, the Company wishes to amend and restate the Plan, pursuant to the
\nrights retained by it in Section 9.2 of the Plan to amend the Plan by written
\ninstrument signed by the Company.<\/p>\n
NOW, THEREFORE, in consideration of the premises, the Company hereby amends
\nand restates the Plan to read as follows:<\/p>\n
ARTICLE 1<\/p>\n
DEFINITIONS<\/p>\n
Except as may otherwise be provided in the Policies, the following terms
\nshall have the meaning hereinafter indicated whenever used in this Plan with
\ninitial capital letters:<\/p>\n
AFFILIATE. “Affiliate” means any of the following entities: HRB Management,
\nInc.; H&R Block Services, Inc.; H&R Block Enterprises, Inc.; H&R Block Eastern
\nEnterprises, Inc.; H&R Block Texas Enterprises, L.P.; H&R Block Canada, Inc.;
\nH&R Block Limited; Block Financial Corporation; H&R Block Financial Advisors,
\nInc.; Option One Mortgage Corporation; H&R Block Mortgage Corporation, a
\nMassachusetts corporation; H&R Block Mortgage Corporation, an Ontario
\ncorporation, or their respective successors in interest; and such other entities
\nas may be designated by the Company from time to time.<\/p>\n
COMPANY. “Company” means H&R Block, Inc., or any successor in interest.<\/p>\n
COMPANY’S CASH VALUE INTEREST. “Company’s Cash Value Interest” means, with
\nrespect to each Policy, as of the date of determination, the amount of the
\npremiums on such Policy paid by the Company or the Designated Subsidiary for the
\nParticipant’s Basic Survivor Benefit under this Plan, less any outstanding
\nindebtedness incurred by the Company or the Designated Subsidiary and secured by
\nsuch Policy, including any unpaid interest on such indebtedness.<\/p>\n
CASH SURRENDER VALUE. “Cash Surrender Value,” with respect to each Policy,
\nshall have the meaning stated in the Policy.<\/p>\n
1
\n 5
\n DESIGNATED SUBSIDIARY. “Designated Subsidiary” means a direct or indirect
\nmajority-owned subsidiary of the Company designated by the Compensation
\nCommittee of the Board of Directors of the Company to designate the Insurer,
\npurchase Policies, own Policies, pay premiums, furnish income statements to
\nParticipants, recover the Company’s Cash Value Interest in a Policy, perform
\nother obligations of the Company under the Plan or exercise the rights of the
\nCompany under the Plan. Until otherwise designated by the Compensation Committee
\nof the Board of Directors of the Company, the Designated Subsidiary shall be HRB
\nManagement, Inc.<\/p>\n
ENTRY DATE. “Entry Date,” with respect to a Participant, means the January
\n1, or such other date as approved by the Compensation Committee of the Board of
\nDirectors of the Company, coincident with or immediately following the date an
\nindividual satisfies the definition of a Participant.<\/p>\n
INSURER. “Insurer” means Nationwide Life Insurance Company and\/or one or
\nmore insurance companies as may be designated by the Company or the Designated
\nSubsidiary from time to time.<\/p>\n
PARTICIPANT. “Participant” means an individual employed by an Affiliate who
\n(a) is (i) a Vice President or more senior officer of the Company or the
\nAffiliate; or (ii) was employed by a Tax Subsidiary as a Regional Director,
\nRegional Franchise Director or Assistant Regional Director as of October 26,
\n1999, for so long as he or she continues in such position or in a more senior
\nlevel position; or (iii) is employed by a Tax Subsidiary as a Regional Director
\nor Regional Franchise Director after October 26, 1999, for so long as he or she
\ncontinues in such position or in a more senior level position; or (iv) was
\neligible to participate in the Plan during the 1999 Plan Year, for so long as he
\nor she would continue to be eligible under the eligibility requirements
\napplicable to the 1999 Plan Year; or (v) has been selected by the Compensation
\nCommittee of the Company’s Board of Directors as eligible to participate in the
\nPlan, and (b) has elected to participate in the Plan.<\/p>\n
PARTICIPANT’S CURRENT ANNUAL COMPENSATION. For a Participant
\nwho derives a majority of his or her compensation from salary and other forms of
\ncompensation other than commissions, “Participant’s Current Annual Compensation”
\nmeans the total annual base salary payable to the Participant at the salary rate
\nin effect on the first day of the Plan Year with respect to which the
\nParticipant’s Current Annual Compensation is being calculated, including the
\namount of any salary reduction contributions to any 401(k) Plan sponsored by the
\napplicable Affiliate or in which the applicable Affiliate participates, the H&R
\nBlock Deferred Compensation Plan for Executives, as Amended and Restated, and\/or
\nany Internal Revenue Code Section 125 Plan sponsored by the applicable Affiliate
\nor in which the applicable Affiliate participates. For a Participant who derives
\na majority of his or her compensation from commissions, “Participant’s Current
\nAnnual Compensation” means the average of the commissions earned by such
\nParticipant during each of the two calendar years immediately preceding the Plan
\nYear with respect to which the Participant’s Current Annual Compensation is
\nbeing calculated, including the amount of any salary reduction contributions to
\nany 401(k) Plan sponsored by the applicable Affiliate or in which the applicable
\nAffiliate participates, the H&R Block Deferred Compensation Plan for Executives,
\nas Amended and Restated, and\/or <\/p>\n
2
\n 6<\/p>\n
any Internal Revenue Code Section 125 Plan sponsored by the applicable Affiliate
\nor in which the applicable Affiliate participates.<\/p>\n
PARTICIPANT’S BASIC SURVIVOR BENEFIT. “Participant’s Basic Survivor
\nBenefit” means three times the Participant’s Current Annual Compensation.<\/p>\n
PARTICIPANT’S SUPPLEMENTAL SURVIVOR BENEFIT. “Participant’s Supplemental
\nSurvivor Benefit,” if elected by the Participant on a form provided by the
\nCompany, means that multiple (one or two) of the Participant’s Current Annual
\nCompensation, selected by the Participant on the form provided by the Company,
\nbut in no event may the Participant elect to receive a Supplemental Survivor
\nBenefit of less than $50,000.<\/p>\n
PLAN. “Plan” means the H&R Block, Inc. Executive Survivor Plan.<\/p>\n
PLAN BENEFICIARY DESIGNATION. “Plan Beneficiary Designation” means a
\nwritten agreement in a form approved by the Company and executed by a
\nParticipant pursuant to which the Participant designates the beneficiary or
\nbeneficiaries to receive the amounts to which the Participant is entitled upon
\nthe Participant’s death, as provided in the Plan.<\/p>\n
PLAN YEAR. “Plan Year” means a calendar year.<\/p>\n
POLICIES\/POLICY. “Policies” means the polices of life insurance on the
\nParticipants’ lives acquired from the Insurer to provide the life insurance
\nbenefits under the Plan. “Policy” means one of the Policies.<\/p>\n
POLICY ANNIVERSARY DATE. “Policy Anniversary Date,” with respect to each
\nPolicy, shall have the meaning stated in such Policy.<\/p>\n
PREMIUM. “Premium,” with respect to a Policy, shall have the meaning stated
\nin the Policy.<\/p>\n
RETIREMENT\/RETIRED. “Retirement” means the termination of the Participant’s
\nemployment with the Company or an Affiliate in the case where (a) the
\nParticipant has completed a minimum of 10 years of service as a full-time
\nemployee with the Company or an Affiliate and has attained age 55; or (b) the
\nParticipant has attained age 65. A Participant is “Retired” following his or her
\nRetirement.<\/p>\n
SEPARATE ACCOUNT. “Separate Account,” with respect to each Policy, shall
\nhave the meaning stated in the Policy.<\/p>\n
TAX SUBSIDIARY. “Tax Subsidiary” means H&R Block Enterprises, Inc., H&R
\nBlock Eastern Enterprises, Inc., or H&R Block Texas Enterprises, L.P.<\/p>\n
TOTAL DISABILITY\/TOTALLY DISABLED. “Total Disability” and “Totally
\nDisabled” shall be defined for purposes of this Plan as defined under the group
\nlong-term disability plan then in existence for the Affiliate that is then (or
\nmost recently was) the employer of the Participant.<\/p>\n
3
\n 7
\n ARTICLE 2<\/p>\n
POLICY RIGHTS AND OBLIGATIONS<\/p>\n
2.1 PURCHASE OF POLICIES. The Company or the Designated Subsidiary shall
\npurchase the Policies from the Insurer. The Company shall take all necessary
\naction to cause the Insurer to issue the Policies or which may be necessary to
\ncause the Policies to conform to the provisions of the Plan. Each Participant
\nshall take any action required to cause the Insurer to issue the Policy insuring
\nhis or her life or to cause such Policy to conform to the provisions of the
\nPlan. The Policies will be subject to the terms and conditions of the Plan and
\nof the beneficiary designations of the Policies filed with the Insurer.<\/p>\n
2.2 OWNERSHIP OF POLICIES. The Company or the Designated Subsidiary shall
\nbe the sole and absolute owner of the Policies, and may exercise all ownership
\nrights granted to the owner thereof by the terms of the Policies, including, but
\nnot limited to, the right to elect and to change the Death Benefit Option, the
\nFace Amount of Insurance, and the allocation of the Separate Account among the
\nvarious investment options from time to time available under the Policy, except
\nas may otherwise be provided in this Plan.<\/p>\n
2.3 PAYMENT OF PREMIUMS.<\/p>\n
2.3.1. PAYMENT OF PREMIUM FOR BASIC SURVIVOR BENEFIT.
\nContemporaneously with the purchase of a Policy, and in each subsequent Plan
\nYear until the first to occur of termination of participation in the Plan by the
\nParticipant insured by such Policy or such Participant’s Retirement, the Company
\nor the Designated Subsidiary shall pay an amount equal to the Premium with
\nrespect to such Policy to the Insurer. The Company or, if applicable, the
\nDesignated Subsidiary shall have no obligation to make any additional premium
\npayments on such Policy but may, in its sole discretion, make additional premium
\npayments on such Policy. The Company or the Designated Subsidiary shall annually
\nfurnish the Participant a statement of the amount of income reportable by the
\nParticipant for federal and state income tax purposes, as a result of the
\ninsurance protection provided the Participant’s beneficiary under the Plan.<\/p>\n
2.3.2 PAYMENT OF PREMIUM FOR SUPPLEMENTAL SURVIVOR BENEFIT. In each
\nPlan Year for which a Participant elects a Participant’s Supplemental Survivor
\nBenefit, the Company or the Designated Subsidiary shall pay an amount equal to
\nthe premium required for the Participant’s Supplemental Survivor Benefit to the
\nInsurer. The Participant shall reimburse the Company or the Designated
\nSubsidiary for such premium payment through after-tax payroll deductions made by
\nthe applicable Affiliate ratably over the Plan Year and forwarded by such
\nAffiliate to the Company or the Designated Subsidiary.<\/p>\n
2.4 DESIGNATION OF POLICY BENEFICIARY. Each Participant shall execute a
\nPlan Beneficiary Designation. In the event a Participant is married at the time
\nhe or she designates a beneficiary other than his or her spouse, such
\ndesignation will not be valid unless the Participant’s spouse consents in
\nwriting to such designation on a form approved by the Company. The Participant
\nor the Participant’s assignee may thereafter at any time and from time to time
\nexecute a new Plan Beneficiary Designation, which shall supersede any and all<\/p>\n
4
\n 8<\/p>\n
prior Plan Beneficiary Designations, with respect to such Participant, upon the
\nCompany’s receipt of the new Plan Beneficiary Designation. The Company or the
\nDesignated Subsidiary shall execute and deliver to the Insurer the forms
\nnecessary to designate the beneficiary or beneficiaries listed on the
\nParticipant’s Plan Beneficiary Designation and itself as beneficiaries of the
\nPolicy on the Participant’s life in the amounts to which they are entitled under
\nthis Plan upon the Participant’s death. Except upon receipt of a new Plan
\nBeneficiary Designation, while the Plan is in effect with respect to a
\nParticipant, neither the Company nor the Designated Subsidiary shall terminate,
\nalter or amend the beneficiary designation filed with the Insurer with respect
\nto the amount to which the Participant’s beneficiary or beneficiaries are
\nentitled upon the Participant’s death without the express written consent of the
\nParticipant or the Participant’s assignee.<\/p>\n
2.5 ASSIGNMENT BY PARTICIPANT. Each Participant shall have the right to
\nabsolutely and irrevocably assign by gift all of his or her right, title and
\ninterest in and to the Plan and to the Policy insuring his or her life to an
\nassignee. This right shall be exercisable by the execution and delivery to the
\nCompany of a written assignment, in substantially the form of Exhibit A. Upon
\nreceipt of such written assignment executed by the Participant and duly accepted
\nby the assignee thereof, the Company shall consent thereto in writing, and shall
\nthereafter treat the Participant’s assignee as the sole owner of all of the
\nParticipant’s right, title and interest in and to the Plan and in and to the
\nPolicy insuring the Participant’s life. Thereafter, the Participant shall have
\nno right, title or interest in and to the Plan or the Policy insuring his or her
\nlife, all such rights being vested in and exercisable only by such assignee.<\/p>\n
2.6 COMPANY’S RIGHTS IN POLICIES.<\/p>\n
2.6.1 COMPANY’S RIGHT UPON MERGER OR ACQUISITION. In the event the
\nCompany or the Designated Subsidiary is involved in a merger or acquisition, the
\nCompany or Designated Subsidiary may assign or transfer any one or more of the
\nPolicies to a successor entity under a merger or acquisition without the consent
\nof any Participant or any Participant’s assignee.<\/p>\n
2.6.2 ALLOCATION OF SEPARATE ACCOUNT. In addition to the other rights
\nof the Company or the Designated Subsidiary in the Policies, the Company or the
\nDesignated Subsidiary shall have the sole authority to direct the manner in
\nwhich the Separate Account of each Policy shall be allocated among the various
\ninvestment options from time to time available under the Policy and to change
\nsuch allocation from time to time, as provided for in the Policy.<\/p>\n
2.7 LIMITATIONS ON COMPANY’S RIGHTS IN POLICY. Except as otherwise
\nprovided in Section 2.6.1 above, while the Plan is in force with respect to a
\nParticipant, neither the Company nor the Designated Subsidiary shall sell,
\nassign, transfer, surrender or cancel the Policy insuring the life of such
\nParticipant without, in any such case, the express written consent of such
\nParticipant or the Participant’s assignee.<\/p>\n
2.8 COLLECTION OF DEATH PROCEEDS.<\/p>\n
2.8.1 COLLECTION OF DEATH PROCEEDS. Upon the death of a Participant,<\/p>\n
5
\n 9<\/p>\n
the Company and, if applicable, the Designated Subsidiary shall cooperate with
\nthe beneficiary or beneficiaries designated by the Participant or the
\nParticipant’s assignee to take whatever action is necessary to collect the death
\nbenefit provided under the Policy insuring the life of the Participant; when
\nsuch benefit has been collected and paid as provided herein, the Participant’s
\nparticipation in this Plan shall terminate.<\/p>\n
2.8.2 RIGHTS OF PARTIES TO DEATH PROCEEDS. Upon the death of a
\nParticipant while the Plan is in effect with respect to such Participant, an
\namount of the death benefit provided under the Policy insuring such
\nParticipant’s life equal to the Company’s Cash Value Interest in such Policy
\nshall be paid directly to the Company or, if applicable, the Designated
\nSubsidiary. The lesser of (a) the sum of the Participant’s Basic Survivor
\nBenefit and, if any, the Participant’s Supplemental Survivor Benefit, or (b) the
\nbalance of the insurance death benefits provided under the Policy remaining
\nafter payment to the Company or the Designated Subsidiary of the Company’s Cash
\nValue Interest shall be paid directly to the beneficiary or beneficiaries
\ndesignated by the Company or the Designated Subsidiary at the direction of
\nParticipant or the Participant’s assignee in the manner and in the amount or
\namounts provided in the beneficiary designation provision of the Policy. The
\nbalance of the insurance death benefits provided under the Policy, if any, shall
\nbe paid to the Company or, if applicable, to the Designated Subsidiary.<\/p>\n
2.8.3 GENERAL INSTRUCTIONS REGARDING PAYMENT OF DEATH BENEFIT. In no
\nevent shall the amount payable to the Company or the Designated Subsidiary with
\nrespect to a Policy while the Plan is in effect with respect to such Policy
\nexceed the insurance death benefits of such Policy payable at the death of the
\nParticipant who is insured by such Policy. No amount shall be paid from the
\ndeath benefit of a Policy insuring the life of a Participant to the beneficiary
\nor beneficiaries designated by the Participant or the Participant’s assignee
\nuntil the full amount due the Company or the Designated Subsidiary with respect
\nto such Policy has been paid.<\/p>\n
2.8.4 REFUND OF PREMIUMS. Notwithstanding any provision hereof to the
\ncontrary, in the event that, for any reason whatsoever, no death benefit is
\npayable under a Policy upon the death of the Participant insured by such Policy
\nand in lieu thereof the Insurer refunds all or any part of the premiums paid for
\nthe Policy, the Company or the Designated Subsidiary and the beneficiary or
\nbeneficiaries designated by the Participant or the Participant’s assignee shall
\nhave the unqualified right to share such premiums in the same proportions as the
\ncontributions of the Company or, if applicable, the Designated Subsidiary and
\nthe Participant toward such premiums.<\/p>\n
2.9 TERMINATION OF PARTICIPANT’S PARTICIPATION IN PLAN DURING THE
\nPARTICIPANT’S LIFETIME.<\/p>\n
2.9.1 AUTOMATIC TERMINATION EVENTS. A Participant’s participation in
\nthe Plan shall terminate with respect to any Participant during the
\nParticipant’s lifetime, without notice, upon the occurrence of any of the
\nfollowing events: (a) total cessation of the Company’s business not resulting
\nfrom merger or consolidation; (b) bankruptcy, receivership or dissolution of the
\nCompany; (c) termination of Participant’s employment by an Affiliate (other than
\nby reason of the Participant’s death, the Participant’s Total Disability,
\nacceptance <\/p>\n
6
\n 10<\/p>\n
of employment by another Affiliate, or the Participant’s Retirement prior to the
\nseventh anniversary of his or her Entry Date); (d) in the case of a Participant
\nwho has Retired prior to the seventh anniversary of the Participant’s Entry
\nDate, the seventh anniversary of the Participant’s Entry Date, (e) a change in
\nthe Participant’s employment by an Affiliate such that he or she is no longer a
\nParticipant, as defined in Article 1 of the Plan, or (f) in the case of a
\nParticipant who is Totally Disabled, (i) cessation of his or her Total
\nDisability, unless he or she resumes his or her employment with an Affiliate, or
\n(ii) his or her attainment of age 65.<\/p>\n
2.9.2 DISPOSITION OF POLICY UPON TERMINATION OF PARTICIPANT’S
\nPARTICIPATION IN THE PLAN. If the Plan terminates with respect to any
\nParticipant during the Participant’s lifetime as provided above, then following
\nsuch termination, the Company or, if applicable, the Designated Subsidiary shall
\nrecover the Company’s Cash Value Interest in the Policy by exercising such of
\nthe powers retained by the Company or Designated Subsidiary as owner of the
\nPolicy, including but not limited to the power to borrow or withdraw the Cash
\nSurrender Value of the Policy, as the Company or Designated Subsidiary, in its
\nsole discretion, deems appropriate. After the Company or Designated Subsidiary
\nhas recovered the Company’s Cash Value Interest, the Company or Designated
\nSubsidiary shall execute the forms required by the Insurer to transfer the
\nPolicy to the Participant or the Participant’s assignee.<\/p>\n
2.10 INSURER NOT A PARTY. The Insurer shall be fully discharged from
\nits obligations under each Policy by payment of the Policy death benefit to the
\nbeneficiary or beneficiaries named in the Policy, subject to the terms and
\nconditions of the Policy. In no event shall the Insurer be considered a party to
\nthe Plan, or any modification or amendment of the Plan. No provision of the
\nPlan, nor of any modification or amendment of the Plan, shall in any way be
\nconstrued as enlarging, changing, varying or in any other way affecting the
\nobligations of the Insurer as expressly provided in the Policy, except insofar
\nas the provisions hereof are made a part of the Policy by the beneficiary
\ndesignation executed by the Company or the Designated Subsidiary and filed with
\nthe Insurer in connection with the Plan.<\/p>\n
ARTICLE 3<\/p>\n
ADMINISTRATION AND CLAIMS PROCEDURE<\/p>\n
3.1 DESIGNATION OF FIDUCIARY AND ADMINISTRATION. The Company is hereby
\ndesignated as the named fiduciary under this Plan. The Company shall have
\nauthority to control and manage the operation and administration of this Plan,
\nand it shall be responsible for establishing and carrying out a funding policy
\nand method consistent with the objectives of this Plan. The Company has the
\npower and discretion to construe the provisions of the Plan and to determine all
\nquestions concerning eligibility, participation and benefits. Any such decision
\nmade by the Company will be binding on all individuals, Participants, and
\nbeneficiaries, and is intended to be subject to the most deferential standard of
\njudicial review. The decision of the Company upon all matters within the scope
\nof its authority will be final and binding<\/p>\n
3.2 CLAIM. A person who believes that he or she is being denied a benefit
\nto which he or she is entitled under this Plan (hereinafter referred to as a
\n“Claimant”) may file a <\/p>\n
7
\n 11<\/p>\n
written request for such benefit with the Company, setting forth his or her
\nclaim. The request must be addressed to the President of the Company at its then
\nprincipal place of business.<\/p>\n
3.3 CLAIM DECISION. Upon receipt of a claim, the Company shall advise the
\nClaimant that a reply will be forthcoming within ninety (90) days and shall, in
\nfact, deliver such reply within such period. The Company may, however, extend
\nthe reply period for an additional ninety (90) days for reasonable cause.<\/p>\n
If the claim is denied in whole or in part, the Company shall adopt a
\nwritten opinion, using language calculated to be understood by the Claimant,
\nsetting forth: (a) the specific reason or reasons for such denial; (b) the
\nspecific reference to pertinent provisions of this Plan on which such denial is
\nbased; (c) a description of any additional material or information necessary for
\nthe Claimant to perfect his or her claim and an explanation why such material or
\nsuch information is necessary; (d) appropriate information as to the steps to be
\ntaken if the Claimant wishes to submit the claim for review; and (e) the time
\nlimits for requesting a review under paragraph 3.3 and for review under
\nparagraph 3.4 hereof.<\/p>\n
3.4 REQUEST FOR REVIEW. Within sixty (60) days after the receipt by the
\nClaimant of the written opinion described above, the Claimant may request in
\nwriting that the President of the Company review the determination of the
\nCompany. Such request must be addressed to the President of the Company, at its
\nthen principal place of business. The Claimant or his or her duly authorized
\nrepresentative may, but need not, review the pertinent documents and submit
\nissues and comments in writing for consideration by the Company. If the Claimant
\ndoes not request a review of the Company’s determination by the President of the
\nCompany within such sixty (60) day period, he or she shall be barred and
\nestopped from challenging the Company’s determination.<\/p>\n
3.5 REVIEW OF DECISION. Within sixty (60) days after the President’s
\nreceipt of a request for review, he or she, or his or her designee, will review
\nthe Company’s determination. After considering all materials presented by the
\nClaimant, the President, or his or her designee, will render a written opinion,
\nwritten in a manner calculated to be understood by the Claimant, setting forth
\nthe specific reasons for the decision and containing specific references to the
\npertinent provisions of this Plan on which the decision is based. If special
\ncircumstances require that the sixty (60) day time period be extended, the
\nPresident will so notify the Claimant and will render the decision as soon as
\npossible, but no later than one hundred twenty (120) days after receipt of the
\nrequest for review.<\/p>\n
ARTICLE 4<\/p>\n
MISCELLANEOUS<\/p>\n
4.1 AMENDMENT OR TERMINATION. This Plan may be amended or terminated by
\nthe Company at any time, by a written instrument signed by the Company.<\/p>\n
4.2 BINDING EFFECT. The Plan shall be binding upon and inure to the
\nbenefit of the Company and its successors and assigns, and the Participants,
\ntheir successors, assigns, heirs, executors, administrators and beneficiaries.<\/p>\n
8
\n 12<\/p>\n
4.3 NOTICE. Any notice, consent or demand required or permitted to be
\ngiven under the provisions of the Plan shall be in writing, and shall be signed
\nby the party giving or making the same. If such notice, consent or demand is
\nmailed to the Company or a Participant, it shall be sent by United States
\ncertified mail, postage prepaid, addressed to such party’s last known address as
\nshown on the records of the Company. The date of such mailing shall be deemed
\nthe date of notice, consent or demand.<\/p>\n
4.4 GOVERNING LAW. This Plan, and the rights of the parties hereunder,
\nshall be governed by and construed in accordance with the laws of the State of
\nMissouri.<\/p>\n
4.5 NO CONTRACT OF EMPLOYMENT. Nothing contained herein shall be construed
\nto be a contract of employment, nor as conferring upon any Participant the right
\nto continue in the employ of any Affiliate in any capacity.<\/p>\n
4.6 GENDER, SINGULAR AND PLURAL. All pronouns and any variations thereof
\nshall be deemed to refer to the masculine, feminine, or neuter, as the identity
\nof the person or persons may require. As the context may require, the singular
\nmay be read as the plural and the plural as the singular.<\/p>\n
4.7 CAPTIONS. The captions of the articles, sections, and paragraphs of
\nthis Plan are for convenience only and shall not control or affect the meaning
\nor construction of any of its provisions.<\/p>\n
4.8 VALIDITY. In the event any provision of this Plan is held invalid,
\nvoid, or unenforceable, the same shall not affect, in any respect whatsoever,
\nthe validity of any other provision of this Plan.<\/p>\n
4.9 WITHHOLDING. The applicable Affiliate shall withhold from each
\nParticipant’s compensation any state, local or federal income or employment
\ntaxes required to be withheld as a result of the benefit provided the
\nParticipant under this Plan at such time and in such manner it deems
\nappropriate.<\/p>\n
IN WITNESS WHEREOF, H&R Block, Inc. has executed the Plan, in duplicate, as
\nof the day and year first above written.<\/p>\n
H&R BLOCK, INC.<\/p>\n
By:
\n ————————————-
\n Name:
\n ———————————–
\n Title:
\n ———————————-<\/p>\n
9
\n 13<\/p>\n
EXHIBIT A<\/p>\n
IRREVOCABLE ASSIGNMENT OF
\n BENEFITS UNDER
\n H&R BLOCK, INC.
\n EXECUTIVE SURVIVIOR PLAN<\/p>\n
THIS ASSIGNMENT, dated this day of .
\n —— —————<\/p>\n
WITNESSETH THAT:<\/p>\n
WHEREAS, the undersigned (the “Assignor”) is a Participant
\nparticipating in the H&R Block, Inc. Executive Survivor Plan (the “Plan”),
\neffective June 1, 1990, as amended and restated effective January 1, 2001,
\nsponsored by H&R Block, Inc. (the “Company”), which Plan confers upon the
\nundersigned certain rights and benefits with regard to one or more policies of
\ninsurance insuring the Assignor’s life; and<\/p>\n
WHEREAS, pursuant to the provisions of said Plan, the Assignor
\nretained the right, exercisable by the execution and delivery to the Company of
\na written form of assignment, to absolutely and irrevocably assign all of the
\nAssignor’s right, title and interest in and to said Plan to an assignee; and<\/p>\n
WHEREAS, the Assignor desires to exercise said right;<\/p>\n
NOW, THEREFORE, the Assignor, without consideration, and intending
\nto make a gift, hereby absolutely and irrevocably assigns, gives, grants and
\ntransfers to ______________, (the “Assignee”) all of the Assignor’s right, title
\nand interest in and to the Plan and said policies of insurance, intending that,
\nfrom and after this date, the Plan be solely between the Company and the
\nAssignee and that hereafter the Assignor shall neither have nor retain any
\nright, title or interest therein.<\/p>\n
——————————–
\n Assignor<\/p>\n
A-1
\n 14
\n ACCEPTANCE OF ASSIGNMENT<\/p>\n
The Assignee hereby accepts the above assignment of all right,
\ntitle and interest of the Assignor therein in and to the Plan, and hereby agrees
\nto be bound by all of the terms and conditions of said Plan, as if the original
\nParticipant thereunder.<\/p>\n
——————————-
\n Assignee<\/p>\n
Dated:
\n ——————<\/p>\n
CONSENT TO ASSIGNMENT<\/p>\n
The Company hereby consents to the foregoing assignment of all of
\nthe right, title and interest of the Assignor in and to the Plan, to the
\nAssignee designated therein. The Company hereby agrees that, from and after the
\ndate hereof, the Company shall look solely to such Assignee for the performance
\nof all obligations under said Plan which were heretofore the responsibility of
\nthe Assignor, shall allow all rights and benefits provided therein to the
\nAssignor to be exercised only by said Assignee, and shall hereafter treat said
\nAssignee in all respects as if the original Participant thereunder.<\/p>\n
H&R BLOCK, INC.<\/p>\n
By:
\n ————————————-
\n Name:
\n ———————————–
\n Title:
\n ———————————-<\/p>\n
Dated:
\n ——————<\/p>\n
A-2<\/p>\n","protected":false},"template":"","meta":{"_acf_changed":false,"_stopmodifiedupdate":true,"_modified_date":"","_cloudinary_featured_overwrite":false},"corporate_contracts_companies":[7707],"corporate_contracts_industries":[],"corporate_contracts_types":[9540,9539],"class_list":["post-39942","corporate_contracts","type-corporate_contracts","status-publish","hentry","corporate_contracts_companies-h-r-block-inc","corporate_contracts_types-compensation__benefits","corporate_contracts_types-compensation"],"acf":[],"_links":{"self":[{"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/corporate_contracts\/39942","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/corporate_contracts"}],"about":[{"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/types\/corporate_contracts"}],"wp:attachment":[{"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/media?parent=39942"}],"wp:term":[{"taxonomy":"corporate_contracts_companies","embeddable":true,"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/corporate_contracts_companies?post=39942"},{"taxonomy":"corporate_contracts_industries","embeddable":true,"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/corporate_contracts_industries?post=39942"},{"taxonomy":"corporate_contracts_types","embeddable":true,"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/corporate_contracts_types?post=39942"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}