Conditional Contributions. Conditional Contributions in a decimal percentage (of at least 1.00%) of such Participant’s Compensation, as elected in the Plan Sponsor’s Adoption Agreement, for each Contribution Period during which:
(i) such Participant has a current election in force to make Participant Contributions under Section 5.1 that meets the minimum Participant Contribution percentage that such Plan Sponsor has elected in its Adoption Agreement; and
(ii) the Plan Sponsor has made or is simultaneously making such minimum Participant Contribution. The minimum Participant Contribution percentage will be elected in the Plan Sponsor’s Adoption Agreement, but will be subject to any rules made by the Administrator as to amount of Contribution or manner or timing of election.
Conditional Contributions. To the extent permitted under ERISA and the Code, all contributions to the Plan are subject to the following conditions:
(a) All contributions made to the Plan by the Employer shall be conditioned upon the deductibility of such contributions under the Code. To the extent that any such deduction is disallowed by the Internal Revenue Service, the Employer by action of the Administrative Committee shall have the right to demand and receive the return of the related contribution to the extent disallowed within one year after the disallowance of said deduction.
(b) If the Employer makes a contribution, or any part thereof, by mistake of fact, such contribution or part thereof shall be returned to the Employer within one year after such contribution is made.
