05/02/11
THE SCHWAN FOOD COMPANY RETIREMENT SAVINGS PLAN
MODEL QDRO
The attached model qualified domestic relations order (the “Model”) is being provided as
a sample “fill-in-the-blanks” form that the parties can use to transfer a portion of the
Participant’s Account in The Schwan Food Company Retirement Savings Plan to an Alternate
Payee (a spouse, former spouse, child, or dependent of the Participant). An electronic
version is available and can be sent to you via e-mail upon request. Please note the
following:

Use of the Model is not required. However, use of the Model will make it easier for the
parties and their attorneys to prepare a domestic relations order (“DRO”) that meets the
requirements for being a qualified domestic relations order (“QDRO”), will shorten the
amount of time that the Plan Administrator needs to review the proposed QDRO, and will
increase the chances that the proposed QDRO ultimately will be determined to be a QDRO.

If the Model is used word-for-word with the blanks properly filled in, the Plan Administrator
will accept the order as a QDRO. (If the Model language is included as part of a larger
order, the sections may be renumbered to conform with the rest of the order.) Any other
changes will require the Plan Administrator to conduct a more detailed review of the order to
determine if it is a QDRO, which may delay processing and may result in a determination
that the order is not a QDRO.

This Model is provided as a convenience to the parties. The parties (and their lawyers)
should review it carefully to make sure that it fits their particular situation and that it
accurately reflects their intentions for transferring a portion of the Participant’s benefit under
the Plan to the Alternate Payee. The Plan Administrator is not providing and cannot provide
legal advice to the parties, and there are other ways in which a QDRO can be drafted.

As part of any divorce, a Participant should also consider whether the beneficiary
designation form on file with the Plan should be updated. For example, the Participant may
have previously designated his or her ex-spouse as the beneficiary of any amounts
remaining in the Participant’s Account when the Participant dies. If the Participant wants
someone other than the ex-spouse to receive those death benefits, then the Participant
must (i) request a new beneficiary designation form from the Plan Administrator, (ii) properly
complete the form, and (iii) return it to the Plan Administrator. (The Participant should also
consider whether any other beneficiary designation forms should be changed, such as
those relating to company-provided or individually-owned life insurance.)

To obtain copies of a new beneficiary designation form for the Plan, or to obtain copies of
the summary plan description, the QDRO procedures, or the Plan document, please
contact:
Schwan’s Shared Services, LLC
115 West College Drive
Marshall, MN 56258
Attn: Retirement Department
Phone: (507) 532-3274
05/02/11
[AN ELECTRONIC VERSION OF THIS DOCUMENT IS AVAILABLE]
STATE OF__________________________
DISTRICT COURT
COUNTY OF ________________________
FAMILY COURTS DIVISION
IN RE THE MARRIAGE OF
___________________________________,
Petitioner,
QUALIFIED DOMESTIC
RELATIONS ORDER
and
___________________________________,
Respondent.
1.
Intent To Create A QDRO. The parties and the Court intend for this order to
constitute a qualified domestic relations order (“QDRO”) under section 206(d) of the Employee
Retirement Income Security Act of 1974, as amended (“ERISA”), and section 414(p) of the
Internal Revenue Code of 1986, as amended (“Code”). This order supersedes any previous
order in this matter which purports to be a QDRO but which the Plan Administrator has not
determined to be a QDRO.
2.
Definitions. For purposes of this order, the following terms, when used with initial
capital letters, shall have the following meanings:
a.
“Account” means the Participant’s entire benefit in the Plan. Once this
order is determined to be a QDRO, the Plan Administrator shall set up a separate Account in
the Plan in the name of the Alternate Payee (the “Alternate Payee’s Account”), shall transfer the
specified portion of the Participant’s Account to the Alternate Payee’s Account, and the balance
shall remain in the Participant’s Account.
b.
“Alternate Payee” means the person who is to receive all or a portion of
the Participant’s Account as specified in this order. The name, current address, relationship to
the Participant, date of birth, and Social Security number of the Alternate Payee are:
Name: ______________________________________________
Address: _____________________________________________
_____________________________________________
Relationship to Participant: ______________________________
Date of Birth: _________________________________________
Social Security No.: ___________________________________
c.
“Division Date” means the date as of which the Participant’s Account will
be valued for purposes of dividing the Account and transferring a portion to the Alternate
Payee’s Account. The Division Date is the Valuation Date coinciding with or immediately
preceding ______________, _____ . The Plan is set up on daily valuations.
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05/02/11
d.
“Participant” means the person participating in the Plan whose Account is
to be divided under this order. The name, current address, date of birth, and Social Security
number of the Participant are:
Name: ______________________________________________
Address: ____________________________________________
____________________________________________
Date of Birth:_______________ ___________________________
Social Security No.: ______________ ______________________
e.
“Plan” means The Schwan Food Company Retirement Savings Plan.
The Plan is a tax-qualified defined contribution plan sponsored by The Schwan Food Company.
f.
“Plan Administrator” means Schwan’s Shared Services, LLC. acting in its
capacity as administrator of the Plan. The Plan Administrator can be contacted at the following
address and phone number:
Schwan’s Shared Services, LLC.
115 West College Drive
Marshall, MN 56258
Attn: Retirement Department
Phone: (507) 532-3274
3.
Amount Of Award. The Alternate Payee is hereby awarded [check one box
and fill in the corresponding blank]:

______% of the Participant’s Account as of the Division Date.
 $_____________ from the Participant’s Account as of the
Division Date (but not to exceed 100% of the Account as of
that date).
 Both parties acknowledge that the participant’s account
balance as of the date of the entry of this order includes a
promissory note (loan). The outstanding balance due under
the loan shall be / shall not be (circle one) considered as part
of the participant’s vested interest in the Plan when
calculating the percentage to be assigned to the alternate
payee under this order. In any event, the interest assigned
to the alternate payee shall not exceed the participant’s
vested interest reduced by the outstanding loan from the
Plan. Neither the loan nor any payments made thereunder
shall be assigned to the alternate payee but shall remain
solely part of the property allocated to the participant’s
account. Payment of all amounts due under the loan as of
the date of the entry of the judgment and decree herein shall
remain the exclusive responsibility of the participant.
The Plan Administrator shall as of the Division Date transfer that portion of the Participant’s
Account to the Alternate Payee’s Account, as provided in the Plan’s procedures regarding
domestic relations orders.
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05/02/11
4.
To Each His Or Her Own Account Going Forward. Once the Plan Administrator
has determined that this Order constitutes a QDRO and the Alternate Payee’s Account has
been established, the Participant shall have no authority or rights with respect to the Alternate
Payee’s Account, and the Alternate Payee shall have no further authority or rights with respect
to the Participant’s Account. Beginning as of the Division Date, the Alternate Payee’s Account
and the Participant’s Account shall each bear their own respective gains and/or losses and
expenses (if any) until such time as they are distributed from the Plan.
5.
Investment Of Alternate Payee’s Account. The Alternate Payee’s Account will
initially remain invested in the same investment options as applied when those amounts were
part of the Participant’s Account. Thereafter, the Alternate Payee will have the right to change
those investment options and direct the investment of the Alternate Payee’s Account as
provided in the terms of the Plan.
6.
Distribution of Alternate Payee’s Account. The Alternate Payee may request
distribution of the Alternate Payee’s Account at any time in accordance with the normal
administrative procedures of the Plan; provided, however, that if the Participant is not yet fully
vested in his or her Plan benefits, then the Alternate Payee may not request a distribution of the
Alternate Payee’s Account until the Participant has either (i) become fully vested, (ii) terminated
his or her employment with The Schwan Food Company (or any subsidiary or affiliate thereof),
or (iii) attained age 50.
7.
Death of Alternate Payee.
a.
Death While QDRO Pending. If the Alternate Payee dies after this Order
has been issued but before it has been determined to be QDRO by the Plan Administrator, the
Plan Administrator shall proceed with the determination of whether the Order constitutes a
QDRO and, if the Plan Administrator determines that it does, the Plan Administrator shall
proceed with the establishment of the Alternate Payee’s Account as provided in this Order.
After that has occurred, the vested portion of the Alternate Payee’s Account shall be paid to the
Alternate Payee’s estate as provided in the Plan.
b.
Death After Order Determined to be QDRO. If the Alternate Payee dies
after this Order has been determined to be a QDRO by the Plan Administrator and after the
Alternate Payee’s Account has been established, but before that Account has been fully
distributed to the Alternate Payee, any vested balance remaining in the Alternate Payee’s
Account at the Alternate Payee’s death shall be paid to the Alternate Payee’s designated
beneficiary or, if no beneficiary has been designated, to the Alternate Payee’s estate as
provided in the Plan.
8.
Death of Participant.
a.
Death While QDRO Pending. If the Participant dies after this Order has
been issued but before it has been determined to be QDRO by the Plan Administrator, the Plan
Administrator shall proceed with the determination of whether the Order constitutes a QDRO
and, if the Plan Administrator determines that it does, the Plan Administrator shall proceed with
the establishment of the Alternate Payee’s Account as provided in this Order. After that has
occurred, any vested balance remaining in the Participant’s Account shall be paid to the
Participant’s beneficiary, in accordance with the terms of the Plan and any proper beneficiary
designation on file with the Plan Administrator. The Alternate Payee will not have any interest
in the balance of the Participant’s Account unless the Alternate Payee is specifically named as
the Participant’s designated beneficiary.
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05/02/11
b.
Death After Order Determined to be QDRO. If the Participant dies after
this Order has been determined to be a QDRO by the Plan Administrator and after the Alternate
Payee’s Account has been established, any vested balance remaining in the Participant’s
Account shall be paid to the Participant’s beneficiary, in accordance with the terms of the Plan
and any proper beneficiary designation on file with the Plan Administrator. The Alternate Payee
will not have any interest in the balance of the Participant’s Account unless the Alternate Payee
is specifically named as the Participant’s designated beneficiary.
9.
No Additional Type Or Form Of Benefit. The Alternate Payee’s Account shall be
subject to all of the terms and conditions of the Plan. Nothing in this Order shall be deemed to
require the Plan (i) to provide any type or form of benefit, or any option, not otherwise provided
under the Plan; (ii) to provide increased benefits; or (iii) to pay any benefits to the Alternate
Payee which are required to be paid to another alternate payee under another order previously
determined to be a QDRO.
10.
Interpretation and Continuing Jurisdiction. Because it is intended that this Order
will qualify as a QDRO, the provisions hereof shall be administered and interpreted in
conformity with ERISA and the Code. The Court shall retain limited jurisdiction to amend this
order only for the purpose of meeting any requirements to create, conform, and maintain this
Order as a QDRO under ERISA and the Code, and either party may apply to the Court for such
an amendment.
11.
Delivery Of Order. Upon entry of this Order, counsel for the Alternate Payee (or
the Alternate Payee himself or herself, if not represented by counsel) shall promptly provide a
copy of this Order to the Plan Administrator at its address set out above for a determination of
whether the Order constitutes a QDRO.
12.
Change Of Name Or Address. If there is a change in the Alternate Payee’s
name or address, the Alternate Payee shall promptly provide written notice of such change to
the Plan Administrator at its address set forth above.
The Court finds that the foregoing is made an order of this Court, and IT IS SO
ORDERED, ADJUDGED AND DECREED.
Dated this _________ day of ______________________________, ____________
BY THE COURT:
______________________________________________
Judge of District Court
Approved as to form:
____________________________________________
Attorney for Petitioner
____________________________________________
Attorney for Respondent
M1:141061.02
Share/Benefits-Retirement/QDRO/Model QDRO
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