Common use of ANNUAL LIMIT ON ELECTIVE DEFERRALS Clause in Contracts

ANNUAL LIMIT ON ELECTIVE DEFERRALS. During any taxable year of a Participant, his Elective Deferrals under the Plan and any other qualified plan of an Affiliated Employer shall not exceed the dollar limit contained in Section 402(g) of the Code in effect at the beginning of the taxable year. With respect to any taxable year, a Participant's Elective Deferrals for purposes of this Section 5.3 include all Employer contributions made on his behalf pursuant to an election to defer under any qualified CODA as described in Section 401(k) of the Code, any simplified employee pension cash or deferred arrangement (SARSEP) as described in Section 402(h)(1)(B) of the Code, any eligible deferred compensation plan under Section 457 of the Code, any plan described under Section 501(c)(18) of the Code, and any Employer contributions made on behalf of the Participant for the purchase of an annuity contract under Section 403(b) of the Code pursuant to a salary reduction agreement. The limit under Section 402(g) of the Code on the amount of Elective Deferrals of a Participant who receives a hardship withdrawal pursuant to Section 12.2 shall be reduced, for the taxable year next following the withdrawal, by the amount of Elective Deferrals made in the taxable year of the hardship withdrawal.

Appears in 4 contracts

Samples: 401(k) and Profit Sharing Plan Agreement (Earthlink Inc), 401(k) and Profit Sharing Plan Agreement (Conley Canitano & Associates Inc), 401(k) and Profit Sharing Plan Agreement (American Science & Engineering Inc)

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