Common use of DISPOSITION OF EXCESS ANNUAL ADDITIONS UNDER Clause in Contracts

DISPOSITION OF EXCESS ANNUAL ADDITIONS UNDER. TWO PLANS If a Participant's Annual Additions under this Plan and such other plans as described in the preceding paragraph would result in an Excess Annual Additions for a Limitation Year due to an error in estimating a Participant's Compensation for a Limitation Year under paragraph 10.3 or as a result of forfeitures, the Excess Annual Additions will be deemed to consist of the Annual Additions last allocated except that Annual Additions attributable to a Simplified Employee Pension Plan will be deemed to have been allocated first and then Annual Additions to a Welfare Benefit Fund or individual medical account as defined in Code Section 415(l)(2) will be deemed to have been allocated next regardless of the actual Allocation Date. If an Excess Annual Addition was allocated to a Participant on a Valuation or Allocation Date of this Plan which coincides with a valuation or allocation date of another plan, the Excess Annual Additions attributed to this Plan will be the product of: (a) the total Excess Annual Additions allocated as of such date, times (b) the ratio of: (1) the Annual Additions allocated to the Participant for the Limitation Year as of such date under this Plan, to (2) the total Annual Additions allocated to the Participant for the Limitation Year as of such date under this and all the other qualified Master or Prototype Defined Contribution Plans. Any Excess Annual Additions attributed to this Plan will be disposed of in the manner described in paragraph 10.2.

Appears in 2 contracts

Samples: Nonstandardized Adoption Agreement (Banctrust Financial Group Inc), Nonstandardized Adoption Agreement (Felcor Lodging Trust Inc)

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DISPOSITION OF EXCESS ANNUAL ADDITIONS UNDER. TWO PLANS If If, pursuant to paragraph 10.3 or as a result of forfeitures, a Participant's Annual Additions under this Plan and such other plans as described in the preceding paragraph would result in an Excess Annual Additions Amount for a Limitation Year due to an error in estimating a Participant's Compensation for a Limitation Year under paragraph 10.3 or as a result of forfeituresYear, the Excess Annual Additions Amount will be deemed to consist of the Annual Additions last allocated except that Annual Additions attributable to a Simplified Employee Pension Plan will be deemed to have been allocated first and then Annual Additions to a Welfare Benefit Fund or an individual medical account as defined in Code Section 415(l)(2) will be deemed to have been allocated next first regardless of the actual Allocation Dateallocation date. If an Excess Annual Addition Amount was allocated to a Participant on a Valuation or Allocation Date an allocation date of this Plan which coincides with a valuation or an allocation date of another plan, the Excess Annual Additions Amount attributed to this Plan will be the product of: (a) the total Excess Annual Additions Amount allocated as of such date, times (b) the ratio of: (1) the Annual Additions allocated to the Participant for the Limitation Year as of such date under this the Plan, to (2) the total Annual Additions allocated to the Participant for the Limitation Year as of such date under this and all the other qualified Master or Prototype Defined Contribution Plans. Any Excess Annual Additions Amount attributed to this Plan will be disposed of in the manner described in paragraph 10.2.

Appears in 1 contract

Samples: Cash or Deferred Profit Sharing Plan (Port Financial Corp)

DISPOSITION OF EXCESS ANNUAL ADDITIONS UNDER. TWO PLANS If a Participant's Annual Additions under this Plan and such other plans as described in the preceding paragraph would result in an Excess Annual Additions for a Limitation Year due to an error in estimating a Participant's Compensation for a Limitation Year under paragraph 10.3 or as a result of forfeitures, the Excess Annual Additions will be deemed to consist of the Annual Additions last allocated except that Annual Additions attributable to a Simplified Employee Pension Plan will be deemed to have been allocated first and then Annual Additions to a Welfare Benefit Fund or individual medical account as defined in Code Section 415(l)(2) will be deemed to have been allocated next regardless of the actual Allocation Date. If an Excess Annual Addition was allocated to a Participant on a Valuation or Allocation Date of this Plan which coincides with a valuation or allocation date of another plan, the Excess Annual Additions attributed to this Plan will be the product of: (a) the total Excess Annual Additions allocated as of such date, times (b) the ratio of: (1) the Annual Additions allocated to the Participant for the Limitation Year as of such date under this Plan, to (2) the total Annual Additions allocated to the Participant for the Limitation Year as of such date under this and all the other qualified Master or Prototype Defined Contribution Plans. Any Excess Annual Additions attributed to this Plan will be disposed of in the manner described in paragraph 10.2.

Appears in 1 contract

Samples: Defined Contribution Plan (Thomasville Bancshares Inc)

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DISPOSITION OF EXCESS ANNUAL ADDITIONS UNDER. TWO PLANS If If, pursuant to paragraph 10.3 or as a result of forfeitures a Participant's Annual Additions under this Plan and such other plans as described in the preceding paragraph would result in an Excess Annual Additions 64 Amount for a Limitation Year due to an error in estimating a Participant's Compensation for a Limitation Year under paragraph 10.3 or as a result of forfeituresYear, the Excess Annual Additions Amount will be deemed to consist of the Annual Additions last allocated except that Annual Additions attributable to a Simplified Employee Pension Plan will be deemed to have been allocated first and then Annual Additions to a Welfare Benefit Fund or individual medical account as defined in Code Section 415(l)(2415(1)(2) will be deemed to have been allocated next first regardless of the actual Allocation Dateallocation date. If an Excess Annual Addition Amount was allocated to a Participant on a Valuation or Allocation Date an allocation date of this Plan which coincides with a valuation or an allocation date of another plan, the Excess Annual Additions Amount attributed to this Plan will be the product of: (a) the total Excess Annual Additions Amount allocated as of such date, times (b) the ratio of: (1) the Annual Additions allocated to the Participant for the Limitation Year as of such date under this the Plan, to (2) the total Annual Additions allocated to the Participant for the Limitation Year as of such date under this and all the other qualified Master or Prototype Defined Contribution Plans. Any Excess Annual Additions Amount attributed to this Plan will be disposed of in the manner described in paragraph 10.2.

Appears in 1 contract

Samples: Adoption Agreement (Professionals Insurance Co Management Group)

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