AMENDMENT NUMBER FOUR TO THE AMERICAN FEDERATION OF MUSICIANS AND EMPLOYERS’ PENSION PLAN (As Amended and Restated Effective as of January 1, 2002)

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Amendment No. 4

WHEREAS, on February 20, 2002, the Board of Trustees (the "Board") of the American Federation of Musicians and Employers’ Pension Fund adopted the American Federation of Musicians and Employers’ Pension Plan, as amended and restated effective as of January 1, 2002 (the "Plan"); and

WHEREAS, pursuant to Article 9, Section 9.01 of the Plan, the Board reserves the right to amend the Plan at any time; and

WHEREAS, the Board now desires to amend the Plan to (i) eliminate the Plan provisions relating to the crediting of post-death residual contributions; (ii) clarify that Participants must submit an application in order to receive a lump-sum disability award; (iii) modify the Plan provisions relating to the mandatory cash-out of small benefit payments; (iv) provide for the voluntary lump-sum payment of an adjustment to a previous mandatory lump-sum cash-out of a benefit; and (v) clarify the Plan provisions relating to beneficiaries and the forms of payment of pre-retirement death benefits;

NOW, THEREFORE, the Plan is hereby amended, effective as of the dates set forth below, as follows:

1. Article 1 ("Definitions"), Section 1.08 ("Beneficiary") is hereby amended, effective as of January 1, 2002, by adding the following new sentence at the end of the second sentence thereof:

"If there is more than one person (or trust) named in the class of primary Beneficiary, or named in the class of secondary Beneficiary, and one member of the class predeceases (or, in the case of a trust, terminates prior to the death of) the Participant, or dies (or, in the case of a trust, terminates) prior to receiving all guaranteed payments to which he or she (or it) is entitled under the Plan, the amount due to such person (or trust) shall be distributed ratably among all remaining Beneficiaries in the class unless the Participant has expressly designated otherwise in writing.

1. With respect to a Participant who is 100% vested in his or her Retirement Account balance in accordance with subsection (a) of this Section, and who dies (i) prior to being vested in a Regular Pension Benefit in accordance with Section 4.01, (ii) prior to the distribution of his or her Retirement Account balance, and (iii) without satisfying the eligibility requirements for the death benefit for non-vested participants described in Section 7.01, such Participant’s Beneficiary shall be eligible to receive distribution of the Participant’s Retirement Account balance in a lump-sum payment as soon as administratively practicable following the death of the Participant provided the Plan Administrator receives from the Beneficiary a written application for such benefit which is complete in all respects on the form(s) provided by the Plan Administrator for such purpose.
   
   
2. Notwithstanding subsection (d)(1) above, if the Participant has an Eligible Spouse at the time of death, the Participant’s Eligible Spouse shall be the Beneficiary of the death benefit described in subsection (d)(1) above. Subject to the provisions of Section 8.05, this death benefit shall be paid to the Participant’s Eligible Spouse in the form of a Survivor’s Pension, unless the surviving Eligible Spouse files a written election, on the form(s) provided by the Plan Administrator for such purpose, to receive distribution in a lump sum. If the Participant’s surviving Eligible Spouse does not file a written election to receive distribution in a lump sum and dies prior to the Annuity Starting Date of his or her Survivor’s Pension, the benefit otherwise payable to the Eligible Spouse shall be forfeited.
   
   

(c) The death benefit payable under clause (i) of subsection (b) above shall be paid to the Participant’s Beneficiary in the form of a lump-sum payment; provided, however, that if the Participant has an Eligible Spouse at the time of death, the Participant’s Eligible Spouse shall be the Beneficiary. The death benefit payable under clause (ii) of subsection (b) above shall be paid to the Participant’s Beneficiary in the form of a lump-sum payment; provided, however, that if the Participant has an Eligible Spouse at the time of death, such death benefit shall be paid in accordance with Section 6.03(d)(2).

Section 7.03 POST-DEATH RESIDUAL CONTRIBUTIONS. In no event will any individual be entitled to a benefit based on residual Contributions made to the Fund after the death of a Participant with an engagement date on or after May 14, 2003.

1. Notwithstanding anything contained herein to the contrary, if the Actuarial Equivalent present value of a Participant’s entire benefit payable under the Plan (other than a pre-retirement death benefit for vested participants payable pursuant to Section 7.02) does not (and at the time of any prior distribution in the form of a monthly annuity did not) exceed $5,000, the Plan Administrator shall distribute such benefit in a single cash lump-sum payment as soon as practicable after the Participant satisfies the eligibility requirements for payment of a Regular Pension Benefit, Disability Pension Benefit, Retirement Account benefit, additional pension benefit pursuant to Section 5.07(b) or death benefit (other than a pre-retirement death benefit payable pursuant to Section 7.02), as applicable, and any such distribution to the Participant or the Participant’s surviving Eligible Spouse or other Beneficiary, as the case may be, shall not require the consent of the Participant or Eligible Spouse or other Beneficiary and shall be in complete discharge of the Plan’s obligation with respect to such benefit.
   
   
2. If the Plan Administrator has distributed a benefit pursuant to subsection (a) above and later determines that the recipient was, at the time of distribution, entitled to an additional amount, the Plan provisions concerning distribution of benefits shall apply with the following modification: If the Actuarial Equivalent present value of the sum of the initial benefit and additional amount exceeds $5,000, but the Actuarial Equivalent present value of the additional amount does not exceed $5,000, the Participant or the Participant’s surviving Eligible Spouse or other Beneficiary, as the case may be, may elect in writing, on the form(s) provided by the Plan Administrator for such purpose, to receive such additional amount in a single cash lump-sum payment.