MID-AMERICA APARTMENT COMMUNITIES, INC. EMPLOYEES’ STOCK OWNERSHIP PLAN SUMMARY PLAN DESCRIPTION
INTRODUCTION TO YOUR PLAN Mid-America Apartment Communities, Inc. Employees’ Stock Ownership Plan (the “Plan”) has been adopted to provide you with additional income for retirement. This Summary Plan Description (“SPD”) contains valuable information regarding when you may become eligible to participate in the Plan, your Plan benefits, your distribution options, and many other features of the Plan. You should take the time to read this SPD to get a better understanding of your rights and obligations under the Plan. We have attempted to answer most of the questions you may have regarding your benefits in the Plan. If this SPD does not answer all of your questions, please contact the Administrator. The name and address of the Administrator can be found in the Article of this SPD entitled “General Information About the Plan.” This SPD describes the Plan’s benefits and obligations as contained in the legal Plan document, which governs the operation of the Plan. The Plan document is written in much more technical and precise language. If the non-technical language under this SPD and the technical, legal language of the Plan document conflict, the Plan document always governs. If you wish to receive a copy of the legal Plan document, please contact the Administrator. This SPD describes the current provisions of the Plan, as designed to comply with applicable legal requirements. The Plan is subject to federal laws, such as the Employee Retirement Income Security Act (“ERISA”), the Internal Revenue Code (the “Code”) and other federal and state laws which may affect your rights. The provisions of the Plan are subject to revision due to a change in laws or due to pronouncements by the Internal Revenue Service (IRS) or Department of Labor (DOL). We may also amend or terminate this Plan. If the provisions of the Plan that are described in this SPD change, we will notify you. On December 31, 2010, the Plan was frozen by amendment, whereby effective January 1, 2011, no additional employees became eligible for the Plan, no additional contributions were made to the Plan, and all Participants with an account balance under the Plan became 100% vested. ARTICLE I PARTICIPATION IN YOUR PLAN Am I eligible to participate in the Plan? If you are classified by the Employer as an Employee and you are not an Excluded Employee, then you are eligible to participate in the Plan once you satisfy the Plan’s eligibility conditions described in the next question. The following employees are Excluded Employees and are not eligible to participate in the Plan: employees whose employment is governed by a collective bargaining agreement under which retirement benefits were the subject of good faith bargaining, unless such agreement expressly provides for participation in this Plan. certain nonresident aliens who have no earned income from sources within the United States.
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