FICA Tax. A payment may be accelerated to the extent required to pay the Federal Insurance Contributions Act tax imposed under Code Sections 3101, 3121(a) and 3121(v)(2) of the Code with respect to compensation deferred under the Plan (the “FICA Amount”). Additionally, a payment may be accelerated to pay the income tax on wages imposed under Code Section 3401 of the Code on the FICA Amount and to pay the additional income tax at source on wages attributable to the pyramiding Code Section 3401 wages and taxes. The total payment under this subsection # may not exceed the aggregate of the FICA Amount and the income tax withholding related to the FICA Amount.

However, the total payment to or on behalf of the Participant pursuant to this acceleration provision may not exceed the aggregate of the FICA, state, local, and/or foreign tax amount, and the Federal income tax withholding related to such FICA, state, local and/or foreign tax amounts.

Any income tax at source on wages imposed under Code Section 3401 or the corresponding withholding provisions of applicable state, local, or foreign tax laws as a result of the payment of the FICA or RRTA Amount, and to pay the additional income tax at source on wages attributable to the pyramiding Code Section 3401 wages and taxes; provided, however, that the total payment under this [Section 10(g)] must not exceed the aggregate of the FICA or RRTA Amount, and the income tax withholding related to such FICA or RRTA Amount.

You should be aware of two important tax consequences related to the Pension Supplement. First, the present value of the Pension Supplement is treated as wages for Federal Insurance Contributions Act (FICA) tax purposes when it is vested and when the present value of the Pension Supplement is reasonably ascertainable, in accordance with the FICA regulations. We expect the present value of the Pension Supplement to be treated as taxable wages for FICA purposes in the year in which you separate from service. As permitted by [Section 409A], the Corporation may direct that a portion of your vested Pension Supplement payments be accelerated and paid in a lump sum at the time the FICA tax is due in an amount equal to the FICA tax withholding amount, plus an amount equal to the income tax withholding obligations due on that accelerated payment. If that occurs, then the accelerated portion needed to cover the FICA tax amount (and income tax withholding obligations thereon) will be deemed taken from the earliest payments due. Second, the Pension Supplement payments are treated as wages for income tax withholding purposes. As such, the payments will be reported on a Form W-2 (even after you retire) and will be subject to federal and, if applicable, state income tax withholding. Accordingly, the payments actually distributed to you will be reduced by the applicable income tax withholding amounts.

Any Federal Insurance Contributions Act (FICA) tax imposed under Code Sections 3101, 3121(a), and 3121(v)(2), or the Railroad Retirement Act tax imposed under [sections 3201, 3211, 3231(e)(1), and 3231(e)(8)])])])], where applicable, on compensation deferred under the Plan (the “FICA or RRTA Amount”); and

As provided under IRC Section 409A and related regulations, an immediate lump sum distribution is permitted for payment # to an individual other than the Director as may be necessary to fulfill a domestic relations order, # as may be necessary to comply with a certificate of divestiture and # for a distribution of that portion of the Director's account that has become FICA taxable, including the amount which may become subject to income tax withholding related to such FICA amount.

5.2Employer-Provided Benefits, FICA and Other Taxes.

[[3D Systems:Organization]] shall not be liable for taxes, Worker’s Compensation, unemployment insurance, employers’ liability, employer’s FICA, social security, withholding tax, or other taxes or withholding for or on behalf of the Contractor or any other person consulted or employed by the Contractor in performing Services under this Agreement. All such costs shall be Contractor’s responsibility.

Tax Withholding. The Company shall withhold from any amounts payable under this Plan, or from any other compensation payable to the Participant, any and all federal, state and local income taxes, the Participant’s share of FICA and other employment taxes, and any other taxes that are required to be withheld from such payment under applicable law.

Independent Contractor Status. You agree that during the Consulting Period, # you will be an independent contractor to the Company and not an employee of the Company, and # the Company will not make payments for state or federal income tax, FICA (social security and Medicare), make unemployment insurance or disability insurance contributions, or obtain workers’ compensation insurance on your behalf.