Adoption Agreement. If the Employer does not maintain its Plan under a Code (S)401(k) Adoption Agreement and, prior to the adoption of this Prototype Plan, the Plan accepted Participant nondeductible contributions for a Plan Year beginning after December 31, 1986, those contributions must satisfy the requirements of Code (S)401(m). This Section 4.01 does not prohibit the Plan's acceptance of Participant nondeductible contributions prior to the first Plan Year commencing after the Plan Year in which the Employer adopts this Prototype Plan.
Appears in 6 contracts
Samples: Contribution Prototype Plan and Trust Agreement (Bankunited Financial Corp), Contribution Prototype Plan and Trust Agreement (Global Imaging Systems Inc), Adoption Agreement (Hollis Eden Pharmaceuticals Inc /De/)