Common use of Deemed Severance Clause in Contracts

Deemed Severance. Notwithstanding Section 1.05(F), if the Employer elects in the Adoption Agreement, then if a Participant performs service in the uniformed services (as defined in Code §414(u)(12)(B)) on active duty for a period of more than 30 days, the Participant will be deemed to have a severance from employment solely for purposes of eligibility for distribution of amounts not subject to Code §412. However, the Plan will not distribute such a Participant's Account on account of this deemed severance unless the Participant specifically elects to receive a benefit distribution hereunder. If a Participant elects to receive a distribution on account of this deemed severance, then no Deferral Contributions may be made for the Participant during the 6-month period beginning on the date of the distribution. If a Participant would be entitled to a distribution on account of a deemed severance, and a distribution on account of another Plan provision, then the other Plan provision will control and the 6-month suspension will not apply.

Appears in 2 contracts

Samples: Adoption Agreement for Eligible Governmental 457 Plan, Adoption Agreement for Eligible Governmental 457 Plan

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Deemed Severance. Notwithstanding Section 1.05(F3.3(i), if the Employer elects in the Adoption Agreement, then if a Participant performs service in the uniformed services (as defined in Code §414(u)(12)(B)) on active duty for a period of more than 30 days, the Participant will be deemed to have a severance from employment solely for purposes of eligibility for distribution of amounts not subject to Code §412. However, the Plan will not distribute such a Participant's Account account on account of this deemed severance unless the Participant specifically elects to receive a benefit distribution hereunder. If a Participant elects to receive a distribution on account of this deemed severance, then no Deferral Contributions the individual may be made for the Participant not make an elective deferral or employee contribution during the 6-month period beginning on the date of the distribution. If a Participant would be entitled to a distribution on account of a deemed severance, and a distribution on account of another Plan provisionprovision (such as a qualified reservist distribution), then the other Plan provision will control and the 6-month suspension will not apply.

Appears in 1 contract

Samples: 401(k) Profit Sharing Plan (Nci Building Systems Inc)

Deemed Severance. Notwithstanding Section 1.05(F)Subsection (c)(1) above, if the Employer elects elected in the Adoption Agreement, then if a Participant performs service in the uniformed services (as defined in Code §414(u)(12)(B)) on active duty for a period of more than 30 days, the Participant will be deemed to have a severance from employment solely for purposes of eligibility for distribution of amounts not subject to Code §412. However, the Plan will not distribute such a Participant's Account on account of this deemed severance unless the Participant specifically elects to receive a benefit distribution hereunder. If a Participant elects to receive a distribution on account of this deemed severance, then no the individual may not make an Elective Deferral Contributions may be made for the Participant or after-tax voluntary Employee contribution during the six (6-) month period beginning on the date of the distribution. If a Participant would be entitled to a distribution on account of a deemed severance, and a distribution on account of another Plan provisionprovision (such as a "qualified reservist distribution" as defined in Subsection (a) above), then the other Plan provision will control and the six (6-) month suspension will not apply.

Appears in 1 contract

Samples: Disclosure Statements and Trust Agreements

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Deemed Severance. Notwithstanding Section 1.05(F3.3(i), if the Employer elects in the Adoption Agreement, then if a Participant performs service in the uniformed services (as defined in Code §414(u)(12)(B)) on active duty for a period of more than 30 days, the Participant will be deemed to have a severance from employment solely for purposes of eligibility for distribution of amounts not subject to Code §412. However, the Plan will not distribute such a Participant's Account ’s account on account of this deemed severance unless the Participant specifically elects to receive a benefit distribution hereunder. If a Participant elects to receive a distribution on account of this deemed severance, then no Deferral Contributions the individual may be made for the Participant not make an elective deferral or employee contribution during the 6-month period beginning on the date of the distribution. If a Participant would be entitled to a distribution on account of a deemed severance, and a distribution on account of another Plan provisionprovision (such as a qualified reservist distribution), then the other Plan provision will control and the 6-month suspension will not apply.

Appears in 1 contract

Samples: 401(k) Plan Adoption Agreement (Knowles Corp)

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