Common use of Defined Contribution Prototype Plan Clause in Contracts

Defined Contribution Prototype Plan. The Advisory Committee must establish reasonable procedures to determine the qualified status of a domestic relations order. Upon receiving a domestic relations order, the Advisory Committee promptly will notify the Participant and any alternate payee named in the order, in writing, of the receipt of the order and the Plan's procedures for determining the qualified status of the order. Within a reasonable period of time after receiving the domestic relations order, the Advisory Committee must determine the qualified status of the order and must notify the Participant and each alternate payee, in writing, of its determination. The Advisory Committee must provide notice under this paragraph by mailing to the individual's address specified in the domestic relations order, or in a manner consistent with Department of Labor regulations. If any portion of the Participant's Nonforfeitable Accrued Benefit is payable during the period the Advisory Committee is making its determination of the qualified status of the domestic relations order, the Advisory Committee must make a separate accounting of the amounts payable. If the Advisory Committee determines the order is a qualified domestic relations order within 18 months of the date amounts first are payable following receipt of the order, the Advisory Committee will direct the Trustee to distribute the payable amounts in accordance with the order. If the Advisory Committee does not make its determination of the qualified status of the order within the l8-month determination period, the Advisory Committee will direct the Trustee to distribute the payable amounts in the manner the Plan would distribute if the order did not exist and will apply the order prospectively if the Advisory Committee later determines the order is a qualified domestic relations order. To the extent it is not inconsistent with the provisions of the qualified domestic relations order, the Advisory Committee may direct the Trustee to invest any partitioned amount in a segregated subaccount or separate account and to invest the account in Federally insured, interest-bearing savings account(s) or time deposit(s) (or a combination of both), or in other fixed income investments. A segregated subaccount remains a part of the Trust, but it alone shares in any income it earns, and it alone bears any expense or loss it incurs. The Trustee will make any payments or distributions required under this Section 6.07 by separate benefit checks or other separate distribution to the alternate payee(s). * * * * * * * * * * * * * * *

Defined Contribution Prototype Plan. The Advisory Committee must establish reasonable procedures the allocation method under the Plan as if the Participant whose Account otherwise would receive the Excess Amount is not eligible for an allocation of Employer contributions. 3.12 Prior to determine the qualified status determination of a domestic relations order. Upon receiving a domestic relations orderthe Participant's actual Compensation for the Limitation Year, the Advisory Committee promptly will notify may determine the Participant and any alternate payee named amounts referred to in 3.11 above on the order, in writing, basis of the receipt of the order and the PlanParticipant's procedures estimated annual Compensation for determining the qualified status of the ordersuch Limitation Year. Within The Advisory Committee will make this determination on a reasonable period of time after receiving the domestic relations order, the Advisory Committee must determine the qualified status of the order and must notify the Participant and each alternate payee, in writing, of its determinationuniform basis for all Participants similarly situated. The Advisory Committee must provide notice under this paragraph reduce any Employer contribution (including allocation of forfeitures) based on estimated annual Compensation by mailing to any Excess Amounts carried over from prior years. 3.13 As soon as is administratively feasible after the individual's address specified in the domestic relations order, or in a manner consistent with Department of Labor regulations. If any portion end of the Participant's Nonforfeitable Accrued Benefit is payable during the period the Advisory Committee is making its determination of the qualified status of the domestic relations order, the Advisory Committee must make a separate accounting of the amounts payable. If the Advisory Committee determines the order is a qualified domestic relations order within 18 months of the date amounts first are payable following receipt of the orderLimitation Year, the Advisory Committee will direct determine the Trustee amounts referred to distribute in 3.11 on the payable amounts in accordance with the order. If the Advisory Committee does not make its determination basis of the qualified status Participant's actual Compensation for such Limitation Year. 3.14 If pursuant to Section 3.13, or because of the order within allocation of forfeitures, a Participant's Annual Additions under this Plan and all such other plans result in an Excess Amount, such Excess Amount will consist of the l8-month determination period, the Amounts last allocated. The Advisory Committee will direct determine the Trustee Amounts last allocated by treating the Annual Additions attributable to distribute a welfare benefit fund as allocated first, irrespective of the payable amounts actual allocation date under the welfare benefit fund. 3.15 The Employer must specify in its Adoption Agreement the manner the Plan would distribute if the order did not exist and will apply the order prospectively Excess Amount attributed to this Plan, if the Advisory Committee later determines the order is allocates an Excess Amount to a qualified domestic relations order. To the extent it is not inconsistent Participant on an allocation date of this Plan which coincides with the provisions an allocation date of the qualified domestic relations order, the another plan. 3.16 The Advisory Committee may direct will dispose of any Excess Amounts attributed to this Plan as provided in Section 3.10. 3.17 applies only to Participants who, in addition to this Plan, participate in one or more qualified plans which are qualified defined contribution plans other than a Master or Prototype plan maintained by the Trustee to invest any partitioned amount in a segregated subaccount or separate account and to invest Employer during the account in Federally insured, interest-bearing savings account(s) or time deposit(s) (or a combination of both), or in other fixed income investments. A segregated subaccount remains a part of the Trust, but it alone shares in any income it earns, and it alone bears any expense or loss it incurs. The Trustee will make any payments or distributions required under this Section 6.07 by separate benefit checks or other separate distribution to the alternate payee(s). * * * * * * * * * * * * * * *Limitation Year.]

Defined Contribution Prototype Plan. The Advisory Committee must establish reasonable procedures 3.10 If, pursuant to determine the qualified status of a domestic relations order. Upon receiving a domestic relations orderSection 3.09, the Advisory Committee promptly will notify the Participant and any alternate payee named in the order, in writing, or because of the receipt allocation of the order and the Plan's procedures forfeitures, there is an Excess Amount with respect to a Participant for determining the qualified status of the order. Within a reasonable period of time after receiving the domestic relations order, the Advisory Committee must determine the qualified status of the order and must notify the Participant and each alternate payee, in writing, of its determination. The Advisory Committee must provide notice under this paragraph by mailing to the individual's address specified in the domestic relations order, or in a manner consistent with Department of Labor regulations. If any portion of the Participant's Nonforfeitable Accrued Benefit is payable during the period the Advisory Committee is making its determination of the qualified status of the domestic relations order, the Advisory Committee must make a separate accounting of the amounts payable. If the Advisory Committee determines the order is a qualified domestic relations order within 18 months of the date amounts first are payable following receipt of the orderLimitation Year, the Advisory Committee will direct dispose of such Excess Amount as follows: (a) The Advisory Committee will return any nondeductible voluntary Employee contributions to the Trustee Participant to distribute the payable amounts in accordance with extent the orderreturn would reduce the Excess Amount. (b) If, after the application of paragraph (a), an Excess Amount still exists, and the Plan covers the Participant at the end of the Limitation Year, then the Advisory Committee will use the Excess Amount(s) to reduce future Employer contributions (including any allocation of forfeitures) under the Plan for the next Limitation Year and for each succeeding Limitation Year, as is necessary, for the Participant. If the Employer's Plan is a profit sharing plan, the Participant may elect to limit his Compensation for allocation purposes to the extent necessary to reduce his allocation for the Limitation Year to the Maximum Permissible Amount and eliminate the Excess Amount. (c) If, after the application of paragraph (a), an Excess Amount still exists, and the Plan does not cover the Participant at the end of the Limitation Year, then the Advisory Committee does will hold the Excess Amount unallocated in a suspense account. The Advisory Committee will apply the suspense account to reduce Employer Contributions (including' allocation of forfeitures) for all remaining Participants in the next Limitation Year and in each succeeding Limitation Year if necessary. Neither the Employer nor any Employee may contribute to the Plan for any Limitation Year in which the Plan is unable to allocate fully a suspense account maintained pursuant to this paragraph (c). (d) The Advisory Committee will not make distribute any Excess Amount(s) to Participants or to former Participants. [Note: Sections 3.11 through 3.16 apply only to Participants who, in addition to this Plan, participate in one or more plans (including Paired Plans), all of which are qualified Master or Prototype defined contribution plans or welfare benefit funds (as defined in Code (S)419(e)) maintained by the Employer during the Limitation Year.] 3.11 The amount of Annual Additions which the Advisory Committee may allocate under this Plan on a Participant's behalf for a Limitation Year may not exceed the Maximum Permissible Amount, reduced by the sum of any Annual Additions allocated to the Participant's Accounts for the same Limitation Year under this Plan and such other defined contribution plan. If the amount the Employer otherwise would contribute to the Participant's Account under this Plan would cause the Annual Additions for the Limitation Year to exceed this limitation, the Employer will reduce the amount of its determination contribution so the Annual Additions under all such plans for the Limitation Year will equal the Maximum Permissible Amount. If an allocation of Employer contributions, pursuant to Section 3.04, would result in an Excess Amount (other than an Excess Amount resulting from the qualified status of circumstances described in Section 3.10) to the order within the l8-month determination periodParticipant's Account, the Advisory Committee will direct reallocate the Trustee Excess Amount to distribute the payable amounts in the manner remaining Participants who are eligible for an allocation of Employer contributions for the Plan would distribute Year in which the Limitation Year ends. The Advisory Committee will make this reallocation on the basis of the allocation method under the Plan as if the order did not exist and will apply Participant whose Account otherwise would receive the order prospectively if the Advisory Committee later determines the order is a qualified domestic relations order. To the extent it Excess Amount is not inconsistent with eligible for an allocation of Employer contributions. 3.12 Prior to the provisions determination of the qualified domestic relations orderParticipant's actual Compensation for the Limitation Year, the Advisory Committee may direct determine the Trustee amounts referred to invest any partitioned amount in a segregated subaccount or separate account and to invest 3.11 above on the account in Federally insured, interest-bearing savings account(s) or time deposit(s) (or a combination of both), or in other fixed income investments. A segregated subaccount remains a part basis of the Trust, but it alone shares in any income it earns, and it alone bears any expense or loss it incursParticipant's estimated annual Compensation for such Limitation Year. The Trustee Advisory Committee will make any payments or distributions required under this Section 6.07 by separate benefit checks or other separate distribution to the alternate payee(s). * * * * * * * * * * * * * * *determination on a reasonable and uniform basis for all Participants similarly

Defined Contribution Prototype Plan. The Advisory Committee must establish reasonable procedures to determine 3.09 As soon as is administratively feasible after the qualified status of a domestic relations order. Upon receiving a domestic relations order, the Advisory Committee promptly will notify the Participant and any alternate payee named in the order, in writing, end of the receipt of the order and the Plan's procedures for determining the qualified status of the order. Within a reasonable period of time after receiving the domestic relations order, the Advisory Committee must determine the qualified status of the order and must notify the Participant and each alternate payee, in writing, of its determination. The Advisory Committee must provide notice under this paragraph by mailing to the individual's address specified in the domestic relations order, or in a manner consistent with Department of Labor regulations. If any portion of the Participant's Nonforfeitable Accrued Benefit is payable during the period the Advisory Committee is making its determination of the qualified status of the domestic relations order, the Advisory Committee must make a separate accounting of the amounts payable. If the Advisory Committee determines the order is a qualified domestic relations order within 18 months of the date amounts first are payable following receipt of the orderLimitation Year, the Advisory Committee will direct determine the Trustee to distribute Maximum Permissible Amount for such Limitation Year on the payable amounts in accordance with the order. If the Advisory Committee does not make its determination basis of the qualified status Participant's actual Compensation for such Limitation Year. 3.10 If, pursuant to Section 3.09, or because of the order within the l8-month determination periodallocation of forfeitures, there is an Excess Amount with respect to a Participant for a Limitation Year, the Advisory Committee will direct dispose of such Excess Amount as follows: (a) The Advisory Committee will return any nondeductible voluntary Employee contributions to the Trustee Participant to distribute the payable amounts in extent the manner return would reduce the Excess Amount. (b) If, after the application of paragraph (a), an Excess Amount still exists, and the Plan would distribute if covers the order did Participant at the end of the Limitation Year, then the Advisory Committee will use the Excess Amount(s) to reduce future Employer contributions (including any allocation of forfeitures) under the Plan for the next Limitation Year and for each succeeding Limitation Year, as is necessary, for the Participant. If the Employer's Plan is a profit sharing plan, the Participant may elect to limit his Compensation for allocation purposes to the extent necessary to reduce his allocation for the Limitation Year to the Maximum Permissible Amount and eliminate the Excess Amount. (c) If, after the application of paragraph (a), an Excess Amount still exists, and the Plan does not exist and cover the Participant at the end of the Limitation Year, then the Advisory Committee will hold the Excess Amount unallocated in a suspense account. The Advisory Committee will apply the order prospectively suspense account to reduce Employer Contributions (including allocation of forfeitures) for all remaining Participants in the next Limitation Year, and in each succeeding Limitation Year if necessary. Neither the Employer nor any Employee may contribute to the Plan for any Limitation Year in which the Plan is unable to allocate fully a suspense account maintained pursuant to this paragraph (c). (d) The Advisory Committee will not distribute any Excess Amount(s) to Participants or to former Participants. [Note: Sections 3.11 through 3.16 apply only to Participants who, in addition to this Plan, participate in one or more plans (including Paired Plans), all of which are qualified Master or Prototype defined contribution plans or welfare benefit funds (as defined in Code Section 419(e)) maintained by the Employer during the Limitation Year.] 3.11 The amount of Annual Additions which the Advisory Committee later determines may allocate under this Plan on a Participant's behalf for a Limitation Year may not exceed the order is a qualified domestic relations orderMaximum Permissible Amount, reduced by the sum of any Annual Additions allocated to the Participant's Accounts for the same Limitation Year under this Plan and such other defined contribution plan. To If the extent it is not inconsistent with amount the provisions Employer otherwise would contribute to the Participant's Account under this Plan would cause the Annual Additions for the Limitation Year to exceed this limitation, the Employer will reduce the amount of its contribution so the qualified domestic relations orderAnnual Additions under all such plans for the Limitation Year will equal the Maximum Permissible Amount. If an allocation of Employer contributions, pursuant to Section 3.04, would result in an Excess Amount (other than an Excess Amount resulting from the circumstances described in Section 3.10) to the Participant's Account, the Advisory Committee may direct will reallocate the Trustee Excess Amount to invest any partitioned amount the remaining Participants who are eligible for an allocation of Employer contributions for the Plan Year in a segregated subaccount or separate account and to invest which the account in Federally insured, interest-bearing savings account(s) or time deposit(s) (or a combination of both), or in other fixed income investments. A segregated subaccount remains a part of the Trust, but it alone shares in any income it earns, and it alone bears any expense or loss it incursLimitation Year ends. The Trustee Advisory Committee will make any payments or distributions required under this Section 6.07 by separate benefit checks or other separate distribution to reallocation on the alternate payee(s). * * * * * * * * * * * * * * *basis of