Contribution Limitations. In any applicable year, the maximum Employer Non-Elective Contribution shall not cause an employee’s 403(b) account to exceed the applicable contribution limit under Section 415(c)(1) of the Code, as adjusted for cost- of-living increases. For Employer Non-Elective Contributions made post- employment to former employees’ 403(b) account, the Contribution Limit shall be based on the employee’s compensation, as determined under Section 403(b)(3) of the Code. In the event that the calculation of the Employer Non-Elective Contribution exceeds the applicable Contribution Limit, the BOCES shall first make an Employer Non-Elective Contribution up to the Contribution Limit of the Internal Revenue Code and then pay any excess amount as compensation directly to the Employee. In no instance shall the Employee have any rights to, including the ability to receive, any excess amount as compensation unless and until the Contribution Limit of the Internal Revenue Code are fully met through payment of the Employer’s Non- Elective Contribution.
Appears in 1 contract
Samples: Professional Services
Contribution Limitations. In any applicable year, the maximum Employer Non-Elective Contribution shall not cause an employee’s 403(b) account to exceed the applicable contribution limit under Section 415(c)(1) of the Code, as adjusted for cost- cost-of-living increases. For Employer Non-Elective Non- elective Contributions made post- post-employment to former employees’ 403(b) account, the Contribution Limit shall be based on the employee’s compensation, as determined under Section 403(b)(3) of the Code. In the event that the calculation of the Employer Non-Elective elective Contribution exceeds referenced in any of the preceding paragraphs or Paragraph 4, exceed the applicable Contribution LimitLimits, the BOCES Employer shall first make an Employer Non-Elective elective Contribution up to the Contribution Limit of the Internal Revenue Code and then pay any excess amount as compensation directly to the Employee. In no instance shall the Employee have any rights to, including the ability to receive, any excess amount as compensation unless and until the Contribution Limit of the Internal Revenue Code are fully met through payment of the Employer’s Non- Non-Elective Contribution.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Contribution Limitations. In any applicable year, the maximum Employer Non-Elective Contribution shall not cause an employee’s 403(b) account to exceed the applicable contribution limit under Section 415(c)(1415 (C) (1) of the Code, as adjusted for cost- cost-of-living increases. For Employer Non-Elective elective Contributions made post- post-employment to former employees’ 403(b) account, accounts the Contribution Limit shall be based on the employee’s compensation, as determined under Section 403(b)(3) of the Code. In the event that the calculation of the Employer Non-Elective elective Contribution exceeds referenced in any of the preceding paragraphs exceed the applicable Contribution LimitLimits, the BOCES Employer shall first make an Employer Non-Elective elective Contribution up to the Contribution Limit of the Internal Revenue Code and then pay any excess amount as compensation directly to the Employee. In no instance shall the Employee have any rights to, including the ability to receive, any excess amount as compensation unless and until the Contribution Limit of the Internal Revenue Code are fully met through payment of the Employer’s Non- Elective Contribution. In no case shall the Employer Non-elective Contribution exceed the Contribution Limit of the Internal Revenue Code.
Appears in 1 contract
Samples: Professional Agreement
Contribution Limitations. In any applicable year, the maximum Employer Non-Elective Contribution shall not cause an employee’s 403(b) account to exceed the applicable contribution limit under Section 415(c)(1) of the Internal Revenue Code, as adjusted for cost- ofcost-of- living increases. For Employer Non-Elective Contributions made post- post-employment to former employees’ 403(b) account, the Contribution Limit shall be based on the employee’s compensation, as determined under Section 403(b)(3) of the Code. In the event that the calculation of the Employer Non-Elective Contribution exceeds referenced in any of the preceding paragraphs exceed the applicable Contribution Limitlimits, the BOCES excess amount, if any, shall first make an Employer Non-Elective Contribution up be paid to the Contribution Limit employee in the form of taxable compensation and reported on the Internal Revenue Code employees W-2 Wage and then pay any excess amount as compensation directly to the EmployeeWithholding Statement. In no instance shall the Employee have any rights to, including the ability to receive, any excess amount as compensation unless and until the Contribution Limit of the Internal Revenue Code Limits are fully met through payment of the Employer’s Non- Non-Elective Contribution.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Contribution Limitations. In any applicable year, the maximum Employer Non-Elective Contribution shall not cause an employee’s 403(b) account to exceed the applicable contribution limit under Section 415(c)(1415(c) of the Code, as adjusted for cost- cost-of-living increases. For Employer Non-Elective elective Contributions made post- post-employment to former employees’ 403(b) account, the Contribution Limit shall be based on the employee’s compensation, as determined under Section 403(b)(3) of the Code. In the event that the calculation of the Employer Non-Elective elective Contribution exceeds referenced in any of the preceding paragraphs exceed the applicable Contribution Limit, the BOCES Employer shall first make an Employer Non-Elective elective Contribution up to the Contribution Limit of the Internal Revenue Code and then pay any excess amount as compensation directly to the Employee. In no instance shall the Employee have any rights to, including the ability to receive, any excess amount as compensation unless and until the Contribution Limit of the Internal Revenue Code are fully met through payment of the Employer’s Non- Non-Elective Contribution. In no case shall the Employer Non-elective Contribution exceed the Contribution Limit of the Internal Revenue Code.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Contribution Limitations. In any applicable year, the maximum Employer Non-Elective Contribution shall not cause an employee’s 403(b) account to exceed the applicable contribution limit under Section 415(c)(1415 (C) (1) of the Code, as adjusted for cost- ofcost-of- living increases. For Employer Non-Elective elective Contributions made post- employment to former employees’ 403(b) account, accounts the Contribution Limit shall be based on the employee’s compensation, as determined under Section 403(b)(3) of the Code. In the event that the calculation of the Employer Non-Elective elective Contribution exceeds referenced in any of the preceding paragraphs exceed the applicable Contribution LimitLimits, the BOCES Employer shall first make an Employer Non-Elective elective Contribution up to the Contribution Limit of the Internal Revenue Code and then pay any excess amount as compensation directly to the Employee. In no instance shall the Employee have any rights to, including the ability to receive, any excess amount as compensation unless and until the Contribution Limit of the Internal Revenue Code are fully met through payment of the Employer’s Non- Non-Elective Contribution. In no case shall the Employer Non-elective Contribution exceed the Contribution Limit of the Internal Revenue Code.
Appears in 1 contract
Samples: Paraprofessional Agreement
Contribution Limitations. In any applicable year, the maximum Employer Non-Elective Contribution shall not cause an employee’s 403(b) account to exceed the applicable contribution limit under Section 415(c)(1) of the Code, as adjusted for cost- cost-of-living increases. For Employer Non-Elective elective Contributions made post- post-employment to former employees’ 403(b) account, the Contribution Limit shall be based on the employee’s compensation, as determined under Section 403(b)(3) of the Code. In the event that the calculation of the Employer Non-Elective elective Contribution exceeds referenced in any of the preceding paragraphs exceed the applicable Contribution LimitLimits, the BOCES Employer shall first make an Employer Non-Elective elective Contribution up to the Contribution Limit of the Internal Revenue Code and then pay any excess amount as compensation directly to the Employee. In no instance shall the Employee have any rights to, including the ability to receive, any excess amount as compensation unless and until the Contribution Limit of the Internal Revenue Code are fully met through payment of the Employer’s Non- Non-Elective Contribution. In no case shall the Employer Non-elective Contribution exceed the Contribution Limit of the Internal Revenue Code.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Contribution Limitations. In any applicable year, the maximum Employer Non-Elective Contribution shall not cause an employee’s 403(b) account to exceed the applicable contribution limit under Section 415(c)(1) of the Code, as adjusted for cost- cost-of-living increases. For Employer Non-Elective elective Contributions made post- post-employment to former employees’ 403(b) account, the Contribution Limit shall be based on the employee’s compensation, as determined under Section 403(b)(3) of the Code. In the event that the calculation of the Employer Non-Elective elective Contribution referenced above exceeds the applicable Contribution Limit, the BOCES Employer shall first make an Employer Non-Elective elective Contribution up to the Contribution Limit of the Internal Revenue Code and then pay any excess amount as compensation directly to the Employee. In no instance shall the Employee have any rights to, including the ability to receive, any excess amount as compensation unless and until the Contribution Limit of the Internal Revenue Code are fully met through payment of the Employer’s Non- Non-Elective Contribution. In no case shall the Employer Non-elective Contribution exceed the Contribution Limit of the Internal Revenue Code.
Appears in 1 contract
Samples: Collective Bargaining Agreement