THE FRED HUTCHINSON CANCER RESEARCH CENTER AMENDED AND RESTATED RETIREMENT SAVINGS PLAN SUMMARY PLAN DESCRIPTION JANUARY 1, 2012

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1 THE FRED HUTCHINSON CANCER RESEARCH CENTER AMENDED AND RESTATED RETIREMENT SAVINGS PLAN SUMMARY PLAN DESCRIPTION JANUARY 1, 2012

2 TABLE OF CONTENTS PART I. INFORMATION ABOUT THE PLAN What is the Fred Hutchinson Cancer Research Center Retirement Savings Plan? Who is eligible to participate in the Plan? When do I become eligible to participate in the Plan? What contributions are made to the Plan? Is there a dollar limit on contributions? Do contributions continue during a paid leave of absence? Do contributions continue while I m on active duty in the Armed Forces? When do my Plan contributions become vested (i.e., owned by me)? What is the normal retirement age under the Plan? When does my retirement income begin? What options are available for receiving retirement income? What are my spouse s rights under this Plan to survivor benefits? May I receive a portion of my benefits in a single payment after termination of employment? May I receive benefits for a fixed-period after termination of employment? May I elect to receive a cash withdrawal from the Plan after termination of employment? May I receive a cash withdrawal from my 403(b) Salary Reduction Contributions in the Plan while still employed after age 59½? May I rollover my accumulations? What if I die before starting to receive benefits? May I obtain a loan from my 403(b) Salary Reduction Contributions? May I obtain a hardship withdrawal from my 403(b) Salary Reduction Contributions?... 9 PART II. INVESTMENTS What investment options are available under the Plan? I have a legacy account with Fidelity Investments Tax-Exempt Services Company. What are my options? Your exercise of control over your Plan accounts How do I allocate my contributions for investment purposes? May I change my investment options? May I begin my retirement income at different times? May I receive retirement accumulations under different income options? PART III. ADDITIONAL INFORMATION How is the Plan administered? May the terms of the Plan be changed? How do I get more information about the Plan? What is the Plan s claims procedures? What are my rights under the law?... 15

3 6. Is the Plan insured by the Pension Benefit Guaranty Corporation (PBGC)? Who is the agent for service of legal process? This Summary Plan Description was prepared for the participants in the Fred Hutchinson Cancer Research Center Amended and Restated Retirement Savings Plan (the Plan ). This Plan summary describes the Plan as in effect on January 1, If there is any ambiguity or inconsistency between this summary and the Plan document, the terms of the Plan document will govern. Please read this Plan 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. With respect to benefits provided by TIAA-CREF annuity contracts or certificates, all rights of a participant under those contracts or certificates will be determined only by the terms of those contracts or certificates. Employer Identification Numbers Fred Hutchinson Cancer Research Center: Seattle Cancer Care Alliance: Plan Number: 001 ii

4 PART I. INFORMATION ABOUT THE PLAN 1. What is the Fred Hutchinson Cancer Research Center Retirement Savings Plan? Fred Hutchinson Cancer Research Center and the Seattle Cancer Care Alliance (collectively the Center ) sponsor the Fred Hutchinson Cancer Research Center Amended and Restated Retirement Savings Plan (the Plan ), which is a retirement plan that operates under Section 403(b) of the Internal Revenue Code (IRC). The purpose of the Plan is to provide retirement benefits for participating employees. The Plan was established on March 1, It has since been amended several times to make certain changes to the Plan and to comply with applicable law. Most recently, the Plan was amended and restated, effective January 1, 2009, to bring it into compliance with applicable law and to make certain design changes. The Plan Year begins on January 1 and ends on December Who is eligible to participate in the Plan? 403(b) Salary Reduction Contributions. Except for certain temporary employees and students, all employees of the Center are eligible to contribute to the Plan, whether they are paid on a salaried or hourly basis. The following employees are not eligible to make Salary Reduction Contributions: Students; and Temporary Employees. Students include undergraduates, graduates, and predoctoral research associates. Employer Contributions. You are generally eligible to receive contributions from the Center if you normally work 20 or more hours per week and complete 1 year of service. The following employees are not eligible to receive Employer Contributions: Students; Temporary employees, whether salaried or hourly; Operating engineers represented by collective bargaining; Post-doctorate research fellows who receive more than 50% of pay from a source other than the Center; and Employees who normally work fewer than 20 hours a week.

5 Years of Service In determining whether you have met the 1 Year of Service requirement to be eligible for Employer Contributions, the initial eligibility computation period is the 12-consecutive month period beginning with the day you first complete an Hour of Service with the Center. Any subsequent eligibility computation period will begin on the anniversary of the day you first performed an Hour of Service. A Year of Service is an eligibility computation period in which you are credited with 1,000 or more Hours of Service. Hours of Service will be determined on the basis of actual hours that you are paid or entitled to payment, except that salaried employees will be credited with 190 Hours of Service for each calendar month in which they are credited with at least one (1) Hour of Service. If you terminate employment after having received employer contributions and later return to an eligible position, you will become a Participant and will be deemed to have met the Year of Service requirement on your reemployment date. If you complete a Year of Service but are not working for your employer on the anniversary of your hire, you ll become eligible for Employer Contributions when you are rehired. However, if you never received Employer Contributions and you have a break in service of five (5) or more consecutive years, you will be required to complete one Year of Service measured from your date of rehire to be eligible for Employer Contributions. A one-year break in service is a year measured from your date of hire or the anniversary or your date of hire in which you are credited with 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. You must provide the Plan Administrator with proof that your absence was for that reason. 3. When do I become eligible to participate in the Plan? 403(b) Salary Reduction Contributions If you are an Eligible Employee, as described under Question 2 above, you may submit a salary reduction agreement to Human Resources at any time to begin making Salary Reduction Contributions to the Plan. If you become eligible for employer contributions your compensation will automatically be reduced each pay period as provided in Question 4 (What contributions are made to the Plan?) and that sum will be treated as a Salary Reduction Contribution unless you elect otherwise. You may opt out of automatic enrollment by affirmatively electing to make zero Salary Reduction Contributions or you may elect to defer a different percentage of compensation as Salary Reduction Contributions by completing and returning a Salary Reduction Agreement to Human Resources. 2

6 Employer Contributions If you are an Eligible Employee, as described under Question 2 above, you will participate in this Plan for purposes of Employer Contributions, effective as of the first day of the month immediately following your completion of 1 Year of Service. If you complete a Year of Service with at least a 1,000 Hours of Service, but you are not an Eligible Employee on the date you would otherwise become one, Employer Contributions will begin the first month after you become an Eligible Employee. If in the 12-month period beginning with your date of hire you do not have at least 1,000 Hours of Service, you will not be eligible to receive Employer Contributions. You will start a new 12-month period on the anniversary of your date of hire. 4. What contributions are made to the Plan? The Plan allows 403(b) Salary Reduction Contributions, which are contributions you elect to make from your compensation, and Employer Contributions. Your 403(b) Salary Reduction Contributions and Employer Contributions are based on your regular salary or wages, including Salary Reduction Contributions under this Plan, the Center s eligible deferred compensation plan, and the Center s cafeteria plan and qualified transportation fringe benefit plan, bonuses, and overtime. Compensation also includes a Participant s regular compensation received for services rendered during the Participant s regular working hours that is paid during a post-severance payment period and compensation for services rendered outside of his or her regular working hours, commissions bonuses, or other similar payments that would have been paid to the Participant before a severance of employment had the Participant continued in employment with the Center. The post-severance period is the period from the Participant s severance from employment until the later of 2-1/2 months after severance or the end of the Limitation Year in which severance occurred. Compensation for Plan purposes does not include any flexible benefits plan cash payments to you, employer contributions to any other retirement plan, payments by the Center on account of medical, dental, disability, and life insurance, vacation cash-outs, cash or non-cash fringe benefits, and any severance pay. The maximum compensation taken into account for a participant for Plan contribution purposes in a Plan Year is $250,000 in 2012 (and as adjusted by the IRS for increases in the cost of living in future years). Effective January 1, 2009, if the Center makes differential wage payments to a Participant in qualified military leave, the differential wage payment is considered eligible compensation for Plan purposes. 403(b) Salary Reduction Contributions If you become eligible to receive employer contributions and you fail to affirmatively elect to make zero Salary Reduction Contributions or to elect Salary Reduction Contributions, the Center will automatically reduce your compensation by 3% per pay period and treat that sum as a Salary Reduction Contribution. If you do not opt-out of automatic Salary Reduction Contributions or elect to defer a different percentage of compensation, the Center will 3

7 automatically reduce your compensation by an additional 1% of compensation, with each increase occurring once per year on or around November 1, until your deferral rate reaches 7%. If you terminate employment with the Employer and you are eligible for employer contributions when rehired, your compensation will not be automatically reduced. If you want to make Salary Reduction Contributions, you may submit a salary reduction agreement to Human Resources at any time to begin making Salary Reduction Contributions to the Plan. The amount of your Salary Reduction Contributions is deposited into the Plan as a pretax contribution. Your 403(b) Salary Reduction Contributions are exempt from federal income tax withholding but are subject to Social Security taxes, including the Medicare portion of that tax. Your Salary Reduction Contributions will be invested in the investment options that you select or, if you do not elect to direct the investment of your contributions, in the default investment alternative that the Plan Administrative Committee selects. You will receive a quarterly statement that shows your account activity, the current value of your investment option(s), and year-to-date account information. You may revoke the automatic election or terminate your Salary Reduction Contributions at any time by completing a new Salary Reduction Contributions Form. The contributions will stop as of the first of any month if you return this form by the 10 th of that month. You may change your election regarding how much you contribute to the Plan anytime, subject to the administrative practices established by the Plan Administrative Committee. Employer Contributions For Eligible Employees, the Center contributes: 7% of your compensation up to the Social Security wage base in effect for the year; and 12% of your compensation over the wage base. Age 50 Catch-Up If you are eligible to make 403(b) Salary Reduction Contributions to the Plan and you are age 50 or older, you may make a contribution of up to $5,500 each calendar year, which limit may be adjusted by the IRS in future years, in addition to the maximum permitted 403(b) Salary Reduction Contributions for the calendar year ($17,000 in 2012). 5. Is there a dollar limit on contributions? Yes. The total amount of contributions made to the Plan on your behalf for any Plan Year may not exceed the dollar limits imposed by applicable law. These limits may be adjusted from time to time. 4

8 The annual additions limit requires that the total contributions by you and the Center on your behalf for any calendar year not exceed the lesser of $50,000 in 2012, and as adjusted thereafter by the IRS, or 100% of your compensation. Any age 50-catch-up contributions you make are not counted in applying this annual additions limit. (See Question 4 for Age 50 Catch- Up.) In addition, your 403(b) Salary Reduction Contributions to this Plan are subject to an annual dollar limit $17,000 in 2012, and as adjusted by the IRS thereafter. If you have made Salary Reduction Contributions that exceed the applicable limit, you should request a distribution of the excess contributions by notifying the Plan Administrator by March 1 of the following year. Those excess contributions and earnings on those contributions will be distributed to you by April Do contributions continue during a paid leave of absence? During a paid leave of absence, Plan contributions will continue to be made based on your compensation paid during your leave of absence. No contributions will be made during an unpaid leave of absence. Because short term disability pay is not considered eligible compensation for Plan contribution purposes, you may not receive any contributions while on short term disability. 7. Do contributions continue while I m on active duty in the Armed Forces? If you are absent from employment by reason of qualified service in the uniformed services of the United States, once you return to actual employment, the Center will make those contributions to the Plan that would have been made if you had remained employed with the Center during your period of military service to the extent required by law. You can also make up the Salary Reduction Contributions you missed during your period of military service. 8. When do my Plan contributions become vested (i.e., owned by me)? You are fully and immediately vested in the contributions made to this Plan. These contributions are nonforfeitable. 9. What is the normal retirement age under the Plan? The normal retirement age under the Plan is age When does my retirement income begin? Although distributions from the Plan usually begin at normal retirement age, you may begin to receive annuity income at the times described below, which may be either earlier or later than the normal retirement age. Your 403(b) Salary Reduction Contributions and earnings thereon may be withdrawn by you when you attain age 59½, terminate employment, die, become permanently and totally disabled and unable to engage in any substantial gainful activity due to that disability, or you experience a financial hardship described in Question 20. All Employer Contributions on your 5

9 behalf may be withdrawn by you only when you retire, terminate employment, die, or become permanently and totally disabled. Effective November 1, 2011, if you attain age 59 ½ and continue in the service of the Center under the Center s phased retirement policy, you may elect to commence distributions of Employer Contributions. Effective January 1, 2009, you are treated as having terminated employment, and therefore eligible to receive a distribution of your 403(b) Salary Reduction Contribution account in the Plan if you perform qualifying military service for more than 30 days, to the extent required under applicable law. If you elect to receive a distribution of your 403(b) Salary Reduction 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. Retirement benefits must normally begin no later than April 1 of the calendar year following the year in which you attain age 70-1/2 or, if later, April 1 following the calendar year in which you retire. Failure to begin annuity income by the required beginning date may subject you to a substantial federal tax penalty. If you die before the distribution of benefits has begun, your entire interest must normally be distributed by December 31 of the fifth calendar year after your death. Under a special rule, death benefits may be payable over the life or life expectancy of a designated beneficiary if the distribution of benefits begins not later than December 31 of the calendar year immediately following the calendar year of your death. If your designated beneficiary is your spouse, the commencement of benefits may be deferred until December 31 of the calendar year that you would have attained age 70-1/2 had you continued to live. The payment of benefits according to the above rules is extremely important. Federal tax law imposes a 50 percent excise tax on the difference between the amount of benefits required by law to be distributed and the amount actually distributed if it is less than the required minimum amount. Your Investment Manager(s) will normally contact you several months before the date you scheduled your benefits to begin on your application. You may decide, however, to begin receiving income sooner, in which case you should notify the Investment Manager(s) in advance of that date. Usually, the later you begin to receive payments, the larger each payment will be. 11. What options are available for receiving retirement income? The forms of payments available depends on the Investment Manager(s) you choose. The normal form of payment is a single life annuity or joint and survivor annuity. If you are married, you may not choose a payment form other than a joint and survivor annuity without your spouse s written consent. At the time your benefit payments commence under the Plan, your vested account balance is used to purchase an insurance contract that will pay you a monthly amount for life. If you elect an annuity with a survivor benefit, upon your death your survivor will receive a monthly payment Other optional forms of payment, including cash withdrawals and payments for a fixed period, are discussed in the following questions. 6

10 12. What are my spouse s rights under this Plan to survivor benefits? Your spouse has a right to survivor benefits under the Plan in the form of a Qualified Joint and Survivor Annuity. If you are married and wish to elect a form of payment other than a Qualified Joint and Survivor Annuity with your spouse named as your joint annuitant, your election and your spouse s consent must be completed and filed with the fund sponsor no earlier than 180 days and no later than 90 days before benefit payments starts. Your spouse s consent to a waiver of the Qualified Joint and Survivor Annuity must be in writing, on a form approved by the fund sponsor, and either notarized by a notary public or witnessed by a Plan representative. The consent must contain an acknowledgment by your spouse as to the effect of the consent. All such consents to a waiver of the Qualified Joint and Survivor Annuity shall be irrevocable once benefit payments commence. Your spouse s consent is only valid so long as your spouse at the time of your death, or earlier benefit commencement, is the same person as the one who signed the consent. If a qualified domestic relations order (a QDRO ) establishes the rights of another person to your benefits under this Plan, then payments will be made according to that order. 13. May I receive a portion of my benefits in a single payment after termination of employment? Yes, if you obtain your spouse s proper consent, you may receive a portion of your benefits in a single payment after termination of employment, subject to the terms of the Investment Manager(s). 14. May I receive benefits for a fixed-period after termination of employment? Yes, if you obtain your spouse s proper consent, you may elect to have benefits that are invested in annuity contracts paid over a fixed period after you terminate employment, subject to the terms of the Investment Manager(s). At the end of the selected period, all payments will end. If you die during the selected period, payments will continue in the same amount to your beneficiary for the duration of that period. Tax law requires that the period you choose not exceed your life expectancy or the joint life expectancy of you and your beneficiary. 15. May I elect to receive a cash withdrawal from the Plan after termination of employment? Yes, you may elect to take a distribution in the form of cash from your account after you terminate employment with the Center, subject to the terms of the Investment Manager(s). 7

11 16. May I receive a cash withdrawal from my 403(b) Salary Reduction Contributions in the Plan while still employed after age 59½? Yes, you may receive a cash withdrawal from your 403(b) Salary Reduction Contributions in the Plan after age 59½ while you are employed if the Investment Manager(s) permits. You may continue to make 403(b) Salary Reduction Contributions and receive Employer Contributions after receiving an in-service withdrawal. 17. May I rollover my accumulations? (a) General Rules. If you re entitled to receive a distribution from your contract, and the distribution is an eligible rollover distribution, you may roll over all or a portion of it either directly or within 60 days after receipt into another Section 403(b) retirement plan, an IRA, a qualified retirement plan under Internal Revenue Code Section 401(a) that accepts such a rollover, a Code Section 457(b) governmental deferred compensation plan that accepts such a rollover, or a Roth individual retirement account described in Code Section 408A(b). An eligible rollover distribution, in general, is any cash distribution other than an annuity payment, a payment of a minimum required distribution, or a payment which is part of a fixed period payment over ten or more years. Hardship withdrawals do not qualify for rollover to an IRA or another 403(b) plan. The distribution will be subject to a 20 percent federal withholding tax unless it s rolled over directly into another 403(b) retirement plan or into an IRA this process is called a direct rollover. If you have the distribution paid to you rather than distributed in a direct rollover, then 20 percent of the distribution must be withheld even if you intend to roll over the money into another 403(b) retirement plan or into an IRA within 60 days. To avoid the 20% withholding, instruct the Investment Manager to directly roll over the money for you. (b) Special Rules for Beneficiaries Effective January 1, Effective January 1, 2008, if the beneficiary of a deceased participant is someone other than the participant s spouse, that beneficiary may roll over a distribution received from this Plan to an individual retirement account or individual retirement annuity (IRA), provided that the IRA will be treated as an inherited IRA under applicable law. (c) Incoming Rollovers. This Plan will accept rollover contributions from an eligible retirement plan as defined in Section 402(c)(8) of the Code. Rollover contributions shall be separately accounted for but shall be subject to all of the provisions of the Plan otherwise applied to Employer Contributions including the in-service withdrawal provisions discussed in Question 10 above. 8

12 18. What if I die before starting to receive benefits? If you die before beginning retirement benefits, the full current value of your Plan benefits is payable as a death benefit. Your beneficiary will select the method of distribution from the options permitted by the Investment Manager(s). If you are married and you die before beginning retirement benefits, your Plan accumulation is paid as a survivor annuity to your spouse (unless your spouse properly consented to your waiver of that survivor annuity as described in Question 12 above). Federal tax law puts limitations on when and how beneficiaries receive their death benefits. The Investment Manager(s) will notify your beneficiary of the applicable requirements at the time he or she applies for benefits. Your beneficiary may elect a direct rollover of a distribution from this Plan to an IRA. In the case of a non-spouse beneficiary, a direct rollover is permitted only to what is considered an inherited IRA under applicable IRA rules. You should review your beneficiary designation periodically to make sure the person you want to receive the benefits is properly designated. You may change your beneficiary by completing the Designation of Beneficiary form available from your Investment Manager(s). If you die before plan payments start without having named a beneficiary and you are married at the time of your death, your spouse will automatically receive your Plan accumulation. If you are not married and you die without having named a beneficiary before Plan payments start, your estate receives your entire Plan accumulation. 19. May I obtain a loan from my 403(b) Salary Reduction Contributions? Subject to the terms of the Investment Manager(s), participant loans are available to you from the Plan. 20. May I obtain a hardship withdrawal from my 403(b) Salary Reduction Contributions? Subject to the terms of the Investment Manager(s), hardship withdrawals are available to you from your 403(b) Salary Reduction Contributions (including age 50 catch-up contributions). Earnings on these 403(b) Salary Reduction Contributions may not be withdrawn on account of hardship. A hardship withdrawal will be approved only if the Plan Administrator determines that you are experiencing an immediate and heavy financial need and the distribution is necessary to satisfy the need. The amount withdrawn on account of a qualifying financial hardship may not exceed the amount needed to satisfy or prevent the hardship situation. However, the amount of the need may include any amount necessary to pay any federal, state, or local income taxes or penalties reasonably anticipated to result from the distribution. 9

13 Hardship is limited to: (a) 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; payments); (b) Purchase of your principal residence (excluding mortgage or loan (c) Tuition, related educational fees, and room and board expenses of postsecondary education, including graduate school and any approved trade or technical school, for the next twelve months for you, your spouse, your children, your dependents, or your designated beneficiary; (d) Payment to prevent your eviction from your principal residence, or foreclosure on the mortgage of your principal residence; (e) Payment of burial or funeral expenses for your deceased parent, Spouse, child, dependent, or designated beneficiary; and (f) 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). Before taking a hardship withdrawal, you must first take (a) any Plan loan for which you are eligible, unless the loan would increase your financial hardship situation, and (b) all other in-service withdrawals that you are entitled to receive. If you take a hardship withdrawal, you may not make 403(b) Salary Reduction Contributions for six (6) months, measured from the date of the withdrawal. You may begin participation again on the first day of the month after the six-month suspension period. Hardship withdrawals may not be rolled over to an IRA or other retirement plan. PART II. INVESTMENTS 1. What investment options are available under the Plan? The Plan Administrative Committee selects the Investment Managers for this Plan. The Plan Administrative Committee reserves the right to add or terminate Investment Managers and to include or exclude specific investment options. The Plan Administrative Committee will notify you if such changes occur. All investment options are currently provided thorough one administrative platform maintained by Teachers Insurance and Annuity Association/College Retirement Equities Fund. TIAA-CREF is the world s largest private retirement system and the one of the largest life 10

14 insurance companies in the United States. For detailed information about these investment options including prospectuses, please contact TIAA-CREF on the web at TIAA-CREF.org or by phone at (800) Direct links to current investment options and related resources are maintained on the Center s intranet and extranet sites at FHCRC.org. 2. I have a legacy account with Fidelity Investments Tax-Exempt Services Company. What are my options? If you had an amount invested with Fidelity Investments Tax-Exempt Services Company and elected to keep that investment, you can manage your investment by contacting Fidelity Investments Tax-Exempt Services Company directly on the web at fidelity.com o by phone at (800) You may transfer all or a portion of that amount to an account with TIAA-CREF by contacting TIAA-CREF. You may not, however, transfer any amounts invested with TIAA- CREF to Fidelity Investments Tax-Exempt Services Company. 3. Your exercise of control over your Plan accounts You may change Investment Managers if you kept an account invested with Fidelity Investments Tax-Exempt Services Company and wish to transfer to TIAA-CREF as described in Question 2 above. On request, you are entitled to written confirmation regarding the carrying out of these instructions. You incur no transaction fees or expenses as a result of transferring amounts in your Plan accounts from one investment fund to another. However, you may incur fees if you use the brokerage window option or if you engage in short-term trading. Upon request to the Plan Administrative Committee, 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 (e.g., 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 403(b)(7) mutual funds offered under the Plan, as well as current and past investment performance information determined net of expenses. 11

15 Information concerning the value of shares or units in your account. 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 (c)-1. It is intended that the fiduciaries of the Plan (i.e., the Plan Administrator, the Plan Administrative Committee, and the Center) will be relieved of liability for any loss occurring as the direct and necessary result of your investment instructions. What you will ultimately receive under the Plan depends in great part on the investment performance of the assets of the Plan. While the Center believes that the assets will appreciate in value, there are no guarantees that they will. 4. How do I allocate my contributions for investment purposes? You make your investment election when you begin participating in the Plan and establish your account with TIAA-CREF. You may allocate your 403(b) Salary Reduction Contributions and Employer Contributions among the investment options offered by the Plan. If you fail to make an investment election, a contract will be created for you and contributions on your behalf will be allocated to the designated Qualified Default Investment Alternative (QDIA). The QDIA is currently the appropriate Vanguard Target-Date Fund. You will receive an annual description of the default fund, including the fund s investment objectives, risk and return characteristics, and fees and expenses (including any restrictions, fees, or expenses that apply when you transfer assets from the default fund). 5. May I change my investment options? Yes, you may change your investment options as frequently as you would like through the year. Refer to your annuity contracts or custodial agreements for details. To change your investment options, contact your Investment Manager. 6. May I begin my retirement income at different times? Yes, subject to the restrictions of the individual Investment Manager, you have the flexibility to begin income from the various accounts on different dates. 7. May I receive retirement accumulations under different income options? Yes, under current administrative practice and subject to the restrictions of the Investment Managers, you can elect to receive income from your accounts under more than one income option to meet your specific retirement needs. 12

16 PART III. ADDITIONAL INFORMATION 1. How is the Plan administered? Benefits under the Plan are provided by annuity contracts and 403(b)(7) mutual fund custodial accounts and certificates issued to Participants by the Investment Managers. The Plan Administrative Committee has been designated the Plan Administrator by the Center. The Plan Administrator is responsible for enrolling participants, forwarding Plan contributions for each participant to the fund sponsors selected, and performing other duties required for operating the Plan. The Plan Administrative Committee is the named fiduciary under the Plan and has the authority to control and manage the operation and administration of the Plan. The Director of Fred Hutchinson Cancer Research Center has the authority to appoint or replace members of the Committee at any time. 2. May the terms of the Plan be changed? While it s expected that the Plan will continue indefinitely, the Center reserves the right to modify or discontinue the Plan at any time. The Center, by action of its Board, also may delegate any of its power and duties with respect to the Plan or its amendment to one or more officers or other employees of the Center. Any delegation of powers or duties must be stated in writing. 3. How do I get more information about the Plan? Requests for information about the Plan and its terms, conditions and interpretations including eligibility, participation, contributions, or other aspects of operating the Plan should be in writing and directed to: Benefits Manager Fred Hutchinson Cancer Research Center 1100 Fairview Avenue North, J1-105 PO Box Seattle, WA What is the Plan s claims procedures? The following rules describe the claims procedure under the Plan: Filing a Claim for Benefits. If you are entitled to retirement benefits under the Plan, you need not make a claim to the Plan Administrator 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 Plan Administrator at the following address: Benefits Manager Fred Hutchinson Cancer Research Center 13

17 1100 Fairview Avenue North, J1-105 PO Box Seattle, WA This claim should be in the form of a letter stating why you disagree and should include all facts and information you want the Plan Administrator to consider. Processing the Claim. 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 Plan Administrator requires an extension, written notice of the extension will be furnished to you prior to the end of the 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 Plan Administrator will state the special circumstances requiring the extension of time and the date by which the Plan Administrator expects to make a final decision. Denial of Claim. If your claim is denied, it must be denied in writing and the denial must state in detail the specific reason or 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. Review Procedure. If you choose to submit a claim for review by the Plan Administrator, then within 60 days after the date your claim is denied, you or your duly authorized representative must make a written request to the Plan Administrator for review. 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 Plan Administrator has in its files and will use in reaching a decision, and you may also submit additional written comments to the Plan Administrator which support your claim. Decision on Review. The Plan Administrator must conduct the review and decide the appeal within 60 days (or 45 days if your claim relates to your disability) after the request for review is made, 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 Plan Administrator 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 Plan Administrator 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. A decision of the Plan Administrator will be final and will be subject to no further appeal or review. 14

18 5. What are my rights under the law? 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: Receive Information About Your Plan and Benefits A. Examine, without charge, at the Plan Administrator s office and other specified 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. B. Obtain, upon written request to the Plan Administrator, 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 Plan Administrator may make a reasonable charge for the copies. C. Receive a summary of the Plan s annual financial reports. The Plan Administrator is required by law to furnish each participant with a copy of this summary annual report. D. Obtain a statement of your total benefits in the Plan (your account balance) and your vested benefits in the Plan, 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 benefits in the Plan. This statement must be requested in writing and is not required to be given more than once a year. The Plan must provide the statements free of charge. 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 employee benefit 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. Enforce Your Rights If your claim for a Plan benefit is denied or ignored, 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 a copy of Plan documents 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 Plan Administrator to provide the 15

19 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 Plan Administrator. 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 or a medical child support order, you may file suit in Federal court. If it should happen that Plan s 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 fees. If you lose, the court may order you to pay these costs and fees, for example, if it finds your claim is frivolous. Assistance with Your Questions If you have any questions about the Plan, you should contact the Plan Administrator. 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 You may also obtain certain publications about your rights and responsibilities under ERISA by calling the publications hotline of the Employee Benefits Security Administration. 6. Is the Plan insured by the Pension Benefit Guaranty Corporation (PBGC)? No. Because this Plan is a defined contribution retirement plan and not a defined benefit pension plan, it isn t insured by the PBGC. The PBGC is the government agency that guarantees certain types of benefits under defined benefit pension plans. 7. Who is the agent for service of legal process? The agent for service of legal process is: Benefits Manager Fred Hutchinson Cancer Research Center 1100 Fairview Avenue North, J1-105 PO Box Seattle, WA

20

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