NEW YORK UNIVERSITY SUPPLEMENTAL TAX DEFERRED ANNUITY PLAN

This plan or any part of it is intended to meet the conditions of 29 CFR 2550.404c-1 (shifting investment responsibility to participants).

Participants have the opportunity to direct the investment of all of the assets allocated to their individual accounts regardless of whether 29 CFR 2550.404c-1 is intended to be met.

Plan uses a Code section 403(b)(1) annuity contract as a funding vehicle.

Plan uses Code section 403(b)(7) custodial accounts as a funding vehicle.

Plan provides for automatic enrollment in plan that has elective contributions deducted from payroll.

Total or partial participant-directed account plan where plan uses a default investment account for participants who fail to direct assets in their account.

Plan sponsor(s) is (are) a member(s) of a controlled group (Code sections 414(b) (c) or (m)).