Common use of Determination of Income or Loss Clause in Contracts

Determination of Income or Loss. Excess Elective Deferral Contributions shall be adjusted for income or loss up to the date of distribution. The income or loss allocable to Excess Elective Deferral Contributions is the sum of: (1) the income or loss allocable to the Participant’s Pre-Tax Contributions Account and Xxxx Contributions Account for the calendar year in which such Excess Elective Deferral Contribution occurred multiplied by a fraction, the numerator of which is the Participant’s Excess Elective Deferral Contribution from Pre-Tax Contributions and Xxxx Contributions for that calendar year and the denominator of which is the sum of: (a) the total Account Balance of the Participant’s Pre-Tax Contributions Account and Xxxx Contributions Account as of the first day of that calendar year without regard to any income or loss occurring during that calendar year, and (b) the Participant’s Pre-Tax Contributions and Xxxx Contributions made during the calendar year and (2) 10% of the amount determined under (1) multiplied by the number of whole calendar months between the end of the Participant’s taxable year and the date of distribution, counting the month of distribution if distribution occurs after the 15th of such month. Notwithstanding anything in the preceding paragraph to the contrary, any reasonable method for computing the income or loss allocable to Excess Elective Deferral Contributions may be used, provided that such method is used consistently for all Participants and for all corrective distributions under the Plan for the Plan Year, and is used by the Plan for allocating income or loss to a Participant’s Account. Income or loss allocable to the period between the end of the calendar year in which the Excess Elective Deferral Contribution occurred and the date of distribution (gap earnings) shall be disregarded in determining income or loss for Plan Years beginning before 2007, unless the Primary Employer elects otherwise.

Determination of Income or Loss. Excess Elective Deferral Aggregate Contributions shall be adjusted for any income or loss up to the date of distribution. The income or loss allocable to Excess Elective Deferral Aggregate Contributions allocated to each Participant is equal to the sum of: (1) the income or loss allocable to the Participant’s PreEmployee After-Tax Contributions Contribution Account, Matching Contribution Account(s), Qualified Matching Contribution Account (if any, and Xxxx Contributions if all amounts therein are not used in the ADP test) and if applicable, Qualified Nonelective Contribution Account for the calendar year in which such Excess Elective Deferral Contribution occurred Plan Year multiplied by a fraction, the numerator of which is the Participant’s Excess Elective Deferral Contribution from Pre-Tax Contributions and Xxxx Aggregate Contributions for that calendar year the Plan Year and the denominator of which is the sum of: of (a) the total Participant’s Account Balance of the Participant’s Pre-Tax Contributions Account and Xxxx Contributions Account as of the first day of that calendar year attributable to ACP Contribution Amounts without regard to any income or loss occurring during that calendar year, such Plan Year and (b) the Participant’s PreEmployee After-Tax Contributions and Xxxx Matching Contributions made during the calendar year Plan Year; and (2) 10% ten percent of the amount determined under (1) multiplied by the number of whole calendar months between the end of the Participant’s taxable year Plan Year and the date of distribution, distribution counting the month of distribution if distribution occurs after the 15th of such month. Notwithstanding anything in the preceding paragraph to the contrary, any reasonable method for computing the income or loss allocable to Excess Elective Deferral Aggregate Contributions may be used, provided that such method is used consistently for all Participants and for all corrective distributions under the Plan for the Plan Year, and is used by the Plan for allocating income or loss to a Participant’s Account. Income or loss disregarded in determining allocable to the period between the end of the calendar year in which the Excess Elective Deferral Contribution occurred Plan Year and the date of distribution (gap earnings) shall be disregarded in determining income or loss for Plan Years beginning before 2007, unless the Primary Employer elects otherwise2006.

Determination of Income or Loss. Excess Elective Deferral Contributions shall be adjusted for any income or loss up to the date of distribution. The income or loss allocable to such Excess Elective Deferral Contributions is equal to the sum of: (1) the income or loss allocable to the Participant’s Pre-Tax Contributions Account and Xxxx Contributions Account (and if applicable, the Qualified Nonelective Contributions Account or the Qualified Matching Contributions Account or both) for the calendar year Plan Year in which such Excess Elective Deferral Contribution Contributions occurred multiplied by a fraction, the numerator of which is the Participant’s Excess Elective Deferral Contribution from Pre-Tax Contributions and Xxxx Contributions for that calendar year the Plan Year and the denominator of which is the sum of: of (a) the total Account Balance of the Participant’s Pre-Tax Contributions Contribution Account and Xxxx Contributions Account and other contributions taken into account as of the first day of that calendar year the Plan Year without regard to any income or loss occurring during that calendar yearsuch Plan Year, and (b) any additional amount of such contributions made for the Participant’s Pre-Tax Contributions and Xxxx Contributions made during the calendar year Plan Year and (2) 10% of the amount determined under (1) multiplied by the number of whole calendar months that have elapsed between the end of the Participant’s taxable year Plan Year and the date of distribution, counting the month of distribution if distribution occurs after the 15th of such month. Notwithstanding anything in the preceding paragraph to the contrary, any reasonable method for computing the income or loss allocable to Excess Elective Deferral Contributions may be used, provided that such method is used consistently for all Participants and for all corrective distributions under the Plan for the Plan Year, Year and is used by the Plan for allocating income or loss to a Participant’s Account. Income or loss allocable to the period between the end of the calendar year Plan Year in which the Excess Elective Deferral Contribution Contributions occurred and the date of distribution (gap earnings) shall be disregarded in determining income or loss for Plan Years beginning before 2007, unless the Primary Employer elects otherwise2006.

Determination of Income or Loss. Excess Elective Deferral Aggregate Contributions shall be adjusted for any income or loss up to the date of distribution. The income or loss allocable to Excess Elective Deferral Aggregate Contributions allocated to each Participant is equal to the sum of: (1) the income or loss allocable to the Participant’s PreEmployee After-Tax Contributions Contribution Account, Matching Contribution Account(s), Qualified Matching Contribution Account (if any, and Xxxx Contributions if all amounts therein are not used in the ADP test) and if applicable, Qualified Non-elective Contribution Account for the calendar year in which such Excess Elective Deferral Contribution occurred Plan Year multiplied by a fraction, the numerator of which is the Participant’s Excess Elective Deferral Contribution from Pre-Tax Contributions and Xxxx Aggregate Contributions for that calendar year the Plan Year and the denominator of which is the sum of: of (a) the total Participant’s Account Balance of the Participant’s Pre-Tax Contributions Account and Xxxx Contributions Account as of the first day of that calendar year attributable to ACP Contribution Amounts without regard to any income or loss occurring during that calendar year, such Plan Year and (b) the Participant’s PreEmployee After-Tax Contributions and Xxxx Matching Contributions made during the calendar year Plan Year; and (2) 10% ten percent of the amount determined under (1) multiplied by the number of whole calendar months between the end of the Participant’s taxable year Plan Year and the date of distribution, distribution counting the month of distribution if distribution occurs after the 15th of such month. Notwithstanding anything in the preceding paragraph to the contrary, any reasonable method for computing the income or loss allocable to Excess Elective Deferral Aggregate Contributions may be used, provided that such method is used consistently for all Participants and for all corrective distributions under the Plan for the Plan Year, and is used by the Plan for allocating income or loss to a Participant’s Account. Income or loss disregarded in determining allocable to the period between the end of the calendar year in which the Excess Elective Deferral Contribution occurred Plan Year and the date of distribution (gap earnings) shall be disregarded in determining income or loss for Plan Years beginning before 2007, unless the Primary Employer elects otherwise2006.

Determination of Income or Loss. Excess Elective Deferral Aggregate Contributions shall be adjusted for any income or loss up to the date of distribution. The income or loss allocable to Excess Elective Deferral Aggregate Contributions is the sum of: (1) the income or loss allocable to the Participant’s Pre-Tax Contributions Account 's Employee Contribution account, Matching Contribution account (if any, and Xxxx Contributions Account if all amounts therein are not used in the ADP test) and, if applicable, Qualified Nonelective Contribution account and Elective Deferral account and Elective Deferral account for the calendar year in which such Excess Elective Deferral Contribution occurred Plan Year multiplied by a fraction, the numerator of which is the such Participant’s 's Excess Elective Deferral Contribution from Pre-Tax Contributions and Xxxx Aggregate Contributions for that calendar the year and the denominator of which is the sum of: (aParticipant's Account balance(s) the total Account Balance of the Participant’s Pre-Tax Contributions Account and Xxxx Contributions Account as of the first day of that calendar year attributable to Contribution Percentage Amounts without regard to any income or loss occurring during that calendar year, and (b) the Participant’s Pre-Tax Contributions and Xxxx Contributions made during the calendar year such Plan Year: and (2) 10% ten percent of the amount determined under (1) multiplied by the number of whole calendar months between the end of the Participant’s taxable year Plan Year and the date of distribution, counting the month of distribution if distribution occurs after the 15th of such month. Notwithstanding anything in the preceding paragraph Forfeitures of Excess Aggregate Contributions: Forfeitures of Excess Aggregate Contributions may either be reallocated to the contraryaccounts of Nonhighly Compensated Employees or applied to reduce Employer contributions, any reasonable method as elected by the Employer in Section D.4 of the Adoption Agreement. Accounting for computing Excess Aggregate Contributions: Excess Aggregate Contributions shall be forfeited, if forfeitable or distributed on a pro- rata basis from the income Participant's Employee Contribution account, Matching Contribution account, and Qualified Matching Contribution account (and, if applicable, the Participant's Qualified Nonelective Contribution account or loss allocable to Excess Elective Deferral Contributions may be usedaccount, provided that such method is used consistently for all Participants and for all corrective distributions under the Plan for the Plan Year, and is used by the Plan for allocating income or loss to a Participant’s Account. Income or loss allocable to the period between the end of the calendar year in which the Excess Elective Deferral Contribution occurred and the date of distribution (gap earnings) shall be disregarded in determining income or loss for Plan Years beginning before 2007, unless the Primary Employer elects otherwiseboth).

Determination of Income or Loss. Excess Elective Deferral Contributions shall be adjusted for any income or loss up to the date of distribution. The income or loss allocable to such Excess Elective Deferral Contributions is equal to the sum of: (1) the income or loss allocable to the Participant’s Pre-Tax Contributions Account and Xxxx Contributions Account (and if applicable, the Qualified Non-elective Contributions Account or the Qualified Matching Contributions Account or both) for the calendar year Plan Year in which such Excess Elective Deferral Contribution Contributions occurred multiplied by a fraction, the numerator of which is the Participant’s Excess Elective Deferral Contribution from Pre-Tax Contributions and Xxxx Contributions for that calendar year the Plan Year and the denominator of which is the sum of: of (a) the total Account Balance of the Participant’s Pre-Tax Contributions Contribution Account and Xxxx Contributions Account and other contributions taken into account as of the first day of that calendar year the Plan Year without regard to any income or loss occurring during that calendar yearsuch Plan Year, and (b) any additional amount of such contributions made for the Participant’s Pre-Tax Contributions and Xxxx Contributions made during the calendar year Plan Year and (2) 10% of the amount determined under (1) multiplied by the number of whole calendar months that have elapsed between the end of the Participant’s taxable year Plan Year and the date of distribution, counting the month of distribution if distribution occurs after the 15th of such month. Notwithstanding anything in the preceding paragraph to the contrary, any reasonable method for computing the income or loss allocable to Excess Elective Deferral Contributions may be used, provided that such method is used consistently for all Participants and for all corrective distributions under the Plan for the Plan Year, Year and is used by the Plan for allocating income or loss to a Participant’s Account. Income or loss allocable to the period between the end of the calendar year Plan Year in which the Excess Elective Deferral Contribution Contributions occurred and the date of distribution (gap earnings) shall be disregarded in determining income or loss for Plan Years beginning before 2007, unless the Primary Employer elects otherwise2006.