Common use of Distribution of Excess Elective Deferrals Clause in Contracts

Distribution of Excess Elective Deferrals. (a) No Participant shall be permitted to defer under this Plan with respect to a calendar year more than the maximum dollar amount permitted under Code Section 402(g), as indexed, for such calendar year. If a Participant defers more than the maximum allowed due to mistake of fact, such Excess Elective Deferrals or Xxxx Elective Deferrals shall be distributed to the Participant no later than April 15 following the calendar year to which the excess is attributable. If a Participant who participates in this Plan and in another plan which permits Elective Deferrals or Xxxx Elective Deferrals defers more than the Code Section 402(g) maximum, such Participant shall have the right to notify one or both plans by March 1 of the calendar year following the year to which the excess is attributable requesting a distribution of the Excess Elective Deferrals or Xxxx Elective Deferrals. A Participant is deemed to notify the Plan Administrator of any Excess Elective Deferrals that arise by taking into account only those Elective Deferrals made to the Plan, contract, or arrangement of the Employer. If distribution is requested, the applicable plan(s) shall make distribution of the Excess Elective Deferrals or Xxxx Elective Deferrals, plus any income and minus any loss allocable thereto, no later than April 15 following the calendar year to which the excess is attributable. Excess Elective Deferrals or Xxxx Elective Deferrals that are distributed on a timely basis shall not be considered Annual Additions for the Limitation Year during which such amounts are deferred.

Distribution of Excess Elective Deferrals. (a) No A Participant shall be permitted may assign to defer under this the Plan with respect to a calendar year more than the maximum dollar amount permitted under Code Section 402(g), as indexed, for such calendar year. If a Participant defers more than the maximum allowed due to mistake of fact, such any Excess Elective Deferrals or Xxxx Elective Deferrals shall be distributed to made during a taxable year of the Participant no later than April by notifying the Plan Administrator on or before March 15 following the of each calendar year to which the excess is attributable. If a Participant who participates in this Plan and in another plan which permits Elective Deferrals or Xxxx Elective Deferrals defers more than the Code Section 402(g) maximum, such Participant shall have the right to notify one or both plans by March 1 of the calendar year following the year to which the excess is attributable requesting a distribution amount of the Excess Elective Deferrals or Xxxx Elective Deferralsto be assigned to the Plan. A Participant is deemed to notify the Plan Administrator of any Excess Elective Deferrals that arise by taking into account only those Elective Deferrals made to the Plan, contract, or arrangement this Plan and any other plans of the Employer. If distribution is requested, the applicable plan(s) shall make distribution Notwithstanding any other provision of the Plan, Excess Elective Deferrals or Xxxx Elective Deferrals, plus any income and minus any loss allocable thereto, shall be distributed no later than April 15 following to any Participant to whose account Excess Elective Deferrals were assigned for the calendar preceding year to which the excess is attributableand who claims Excess Elective Deferrals for such taxable year. Excess Elective Deferrals distributed under this section shall be adjusted for any income or Xxxx Elective Deferrals that are distributed loss based on a timely basis shall not reasonable method of computing the allocable income or loss. The method selected must be considered Annual Additions applied consistently to all Participants and used for all corrective distributions under the Plan for the Limitation Year during which such amounts are deferredPlan Year, and must be the same method that is used by the Plan for allocating income or loss to Participants' Accounts. Income or loss allocable to the period between the end of the taxable year and the date of distribution may be disregarded in determining income or loss.

Distribution of Excess Elective Deferrals. (a) No Participant shall be permitted to defer under this Plan with respect to a calendar year more than the maximum dollar amount permitted under Code Section 402(g), as indexed, for such calendar year. If a Participant defers more than the maximum allowed due to mistake of fact, such Excess Elective Deferrals or Xxxx Rxxx Elective Deferrals shall be distributed to the Participant no later than April 15 following the calendar year to which the excess is attributable. If a Participant who participates in this Plan and in another plan which permits Elective Deferrals or Xxxx Rxxx Elective Deferrals defers more than the Code Section 402(g) maximum, such Participant shall have the right to notify one or both plans by March 1 of the calendar year following the year to which the excess is attributable requesting a distribution of the Excess Elective Deferrals or Xxxx Rxxx Elective Deferrals. A Participant is deemed to notify the Plan Administrator of any Excess Elective Deferrals that arise by taking into account only those Elective Deferrals made to the Plan, contract, or arrangement of the Employer. If distribution is requested, the applicable plan(s) shall make distribution of the Excess Elective Deferrals or Xxxx Rxxx Elective Deferrals, plus any income and minus any loss allocable thereto, no later than April 15 following the calendar year to which the excess is attributable. Excess Elective Deferrals or Xxxx Rxxx Elective Deferrals that are distributed on a timely basis shall not be considered Annual Additions for the Limitation Year during which such amounts are deferred.

Distribution of Excess Elective Deferrals. (a) No A. General Rule - A Participant shall be permitted may assign to defer under this Plan with respect to a calendar year more than the maximum dollar amount permitted under Code Section 402(g), as indexed, for such calendar year. If a Participant defers more than the maximum allowed due to mistake of fact, such any Excess Elective Deferrals or Xxxx Elective Deferrals shall be distributed to made during a taxable year of the Participant no later than April 15 following by notifying the calendar year to which the excess is attributable. If a Participant who participates in this Plan and in another plan which permits Elective Deferrals or Xxxx Elective Deferrals defers more than the Code Section 402(g) maximum, such Participant shall have the right to notify one or both plans by March 1 Administrator of the calendar year following the year to which the excess is attributable requesting a distribution amount of the Excess Elective Deferrals to be assigned to the Plan. Unless specified otherwise in the Adoption Agreement, Participants who claim Excess Elective Deferrals for the preceding calendar year must submit their claims (either in writing or Xxxx Elective Deferralsin any other form permitted under rules promulgated by the IRS and DOL) to the Plan Administrator by March 1. A Participant is deemed to notify the Plan Administrator of any Excess Elective Deferrals that arise by taking into account only those Elective Deferrals made to the Planthis Plan and any other plan, contract, or arrangement of the Employer. If distribution is requested, the applicable plan(s) shall make distribution Notwithstanding any other provision of the Plan, Excess Elective Deferrals or Xxxx Elective Deferrals, plus any income and minus any loss allocable thereto, shall be distributed no later than April 15 following the calendar year 15th to which the excess is attributable. any Participant to whose Individual Account Excess Elective Deferrals were assigned for the preceding year and who claims Excess Elective Deferrals for such taxable year except to the extent such Excess Elective Deferrals were classified as Catch-up Contributions. For years beginning after 2005, the Plan Administrator, in a uniform and nondiscriminatory manner, will determine whether the distribution of Excess Elective Deferrals for a year will be made first from the Participant’s Pre-Tax Elective Deferral account or the Xxxx Elective Deferral account, or a combination of both, to the extent both Pre-Tax Elective Deferrals and Xxxx Elective Deferrals that are distributed on a timely basis shall not be considered Annual Additions were made for the Limitation Year during which such amounts are deferredyear, or may allow Participants to specify otherwise.

Distribution of Excess Elective Deferrals. (a) No Participant shall be permitted A participant may assign to defer under this Plan with respect to a calendar year more than the maximum dollar amount permitted under Code Section 402(g), as indexed, for such calendar year. If a Participant defers more than the maximum allowed due to mistake of fact, such any Excess Elective Deferrals or Xxxx Elective Deferrals shall be distributed to made during a taxable year of the Participant no later than April 15 following by notifying the calendar year to which Plan Administrator on or before the excess is attributable. If a Participant who participates date specified in this Plan and in another plan which permits Elective Deferrals or Xxxx Elective Deferrals defers more than the Code Section 402(g) maximum, such Participant shall have the right to notify one or both plans by March 1 adoption agreement of the calendar year following the year to which the excess is attributable requesting a distribution amount of the Excess Elective Deferrals or Xxxx Elective Deferrals. A Participant is deemed to notify the Plan Administrator of any Excess Elective Deferrals that arise by taking into account only those Elective Deferrals made be assigned to the Plan, contract, or arrangement . Notwithstanding any other provisions of the Employer. If distribution is requestedPlan, the applicable plan(s) shall make distribution of the Excess Elective Deferrals or Xxxx Elective Deferrals, plus any income and minus any loss allocable thereto, shall be distributed no later than April 15 following the calendar year to which the excess is attributable. any Participant to whose account Excess Elective Deferrals or Xxxx were assigned for the preceding year and who claims Excess Elective Deferrals that are distributed on a timely basis for such taxable year. (1) The Participant's claim shall be in writing; shall be submitted to the plan administrator not be considered Annual Additions later than the date elected in Section 15 of the CODA adoption agreement; shall specify the amount of the Participant's Excess Elective Deferral for the Limitation Year during which preceding calendar year; and shall be accompanied by the Participant's written statement that if such amounts are deferred.not distributed, such Excess Elective Deferrals, when added to amounts deferred under other plans or arrangements described in Sections 401(k), 408(k), or 403(b) of the Code, will exceed the limit imposed on the Participant by Section 402(g) of the Code for the year in which the deferral occurred. (2) Determination of income and loss: Excess Elective Deferrals shall be adjusted for any income or loss up to the date of distribution. The income or loss allocable to Excess Elective Deferrals is the sum of: (a) Income or loss allocable to the Participant's Elective Deferral account for the taxable year multiplied by a fraction, the numerator of which is such Participant's Excess Elective Deferrals for the year and the denominator is the Participant's account balance attributable to Elective Deferrals without regard to any income or loss occurring during such taxable year; and (b) Ten percent of the amount determined under (a) 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. (F)

Distribution of Excess Elective Deferrals. (a) No A Participant shall be permitted may assign to defer under this the Plan with respect to a calendar year more than the maximum dollar amount permitted under Code Section 402(g), as indexed, for such calendar year. If a Participant defers more than the maximum allowed due to mistake of fact, such any Excess Elective Deferrals or Xxxx Elective Deferrals shall be distributed to made during a taxable year of the Participant no later than April 15 following by notifying the Plan Administrator on or before March 15th of each calendar year to which the excess is attributable. If a Participant who participates in this Plan and in another plan which permits Elective Deferrals or Xxxx Elective Deferrals defers more than the Code Section 402(g) maximum, such Participant shall have the right to notify one or both plans by March 1 of the calendar year following the year to which the excess is attributable requesting a distribution amount of the Excess Elective Deferrals or Xxxx Elective Deferralsto be assigned to the Plan. A Participant is deemed to notify the Plan Administrator of any Excess Elective Deferrals that arise by taking into account only those Elective Deferrals made to the Plan, contract, or arrangement this Plan and any other plans of the Employer. If distribution is requested, the applicable plan(s) shall make distribution Notwithstanding any other provision of the Plan, Excess Elective Deferrals or Xxxx Elective Deferrals, plus any income and minus any loss allocable thereto, shall be distributed no later than April 15 following 15th to any Participant to whose Account Excess Elective Deferrals were assigned for the calendar preceding year and who claims Excess Elective Deferrals for such taxable year. For years beginning after 2005, distribution of Excess Elective Deferrals for a year shall be made first from the Participant’s Pre-tax Elective Account to which the excess is attributableextent Pre-tax Elective Deferrals were made for the year, unless the Participant specifies otherwise. Excess Elective Deferrals distributed under this Section shall be adjusted for any income or Xxxx loss based on a reasonable method of computing the allocable income or loss. The method selected must be applied consistently to all Participants and used for all corrective distributions under the Plan for the Plan Year, and must be the same method that is used by the Plan for allocating income or loss to Participants’ Accounts. Income or loss allocable to the period between the end of the taxable year and the date of distribution may be disregarded in determining income or loss. One reasonable method treats the income and loss allocable to Excess Elective Deferrals that are distributed on a timely basis shall not be considered Annual Additions for as the Limitation Year during which such amounts are deferred.sum of:

Distribution of Excess Elective Deferrals. (a) No Participant shall be permitted to defer under this Plan with respect to a calendar year more than the maximum dollar amount permitted under Code Section 402(g), as indexed, for such calendar year. If a Participant defers more than the maximum allowed due to mistake of fact, such Excess Elective Deferrals or Xxxx shall mean those Elective Deferrals that are includible in a Participant's gross income under Section 402(g) of the Code to the extent such Participant's Elective Deferrals for a taxable year exceed the dollar limitation under such Code Section. Excess Elective Deferrals shall be treated as Annual Additions under the plan, unless such amounts are distributed to the Participant no later than the first April 15 following the calendar year close of the Participant's taxable year. A Participant may assign to which the excess is attributable. If a Participant who participates in this Plan and in another plan which permits any Excess Elective Deferrals or Xxxx Elective Deferrals defers more than the Code Section 402(g) maximum, such Participant shall have the right to notify one or both plans by March 1 made during a taxable year of the calendar year following Participant by notifying the year to which Plan Administrator on or before the excess is attributable requesting a distribution date specified in the Adoption Agreement of the amount of the Excess Elective Deferrals or Xxxx Elective Deferralsto be assigned to the Plan. A Participant is deemed to notify the Plan Administrator of any Excess Elective Deferrals that arise by taking into account only those Elective Deferrals made to this Plan and any other plans of this Employer. Notwithstanding any other provisions of the Plan, contract, or arrangement of the Employer. If distribution is requested, the applicable plan(s) shall make distribution of the Excess Elective Deferrals or Xxxx Elective Deferrals, plus any income and minus any loss allocable thereto, shall be distributed no later than April 15 following the calendar year to which the excess is attributable. any Participant to whose account Excess Elective Deferrals or Xxxx were assigned for the preceding year and who claims Excess Elective Deferrals that are distributed on a timely basis for such taxable year. Determination of income or loss: Excess Elective Deferrals shall not be considered Annual Additions adjusted for any income or loss up to the date of distribution. The income or loss allocable to Excess Elective Deferrals is the sum of: (1) income or loss allocable to the Participant's Elective Deferral account for the Limitation Year taxable year multiplied by a fraction, the numerator of which is such Participant's Excess Elective Deferrals for the year and the denominator is the Participant's Account balance attributable to Elective Deferrals without regard to any income or loss occurring during which such amounts are deferredtaxable year; and (2) 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 and the date of distribution, counting the month of distribution if distribution occurs after the 15th of such month.

Distribution of Excess Elective Deferrals. (a) No Participant shall be permitted to defer under this Plan with respect to a calendar year more than the maximum dollar amount permitted under Code Section 402(g), as indexed, for such calendar year. If a Participant defers more than the maximum allowed due to mistake of fact, such Excess Elective Deferrals or Xxxx Elective Deferrals shall be distributed to the Participant no later than April 15 following the calendar year to which the excess is attributable. If a Participant who participates in this Plan and in another plan which permits Elective Deferrals or Xxxx Elective Deferrals defers more than the Code Section 402(g) maximum, such Participant shall have the right to notify one or both plans by March 1 Notwithstanding any other provisions of the calendar year following the year to which the plan, excess is attributable requesting a distribution of the Excess Elective Deferrals or Xxxx Elective Deferrals. A Participant is deemed to notify the Plan Administrator of any Excess Elective Deferrals that arise by taking into account only those Elective Deferrals made to the Plan, contract, or arrangement of the Employer. If distribution is requested, the applicable plan(s) shall make distribution of the Excess Elective Deferrals or Xxxx Elective Deferralselective deferrals, plus any income and minus any loss allocable thereto, shall be distributed no later than each April 15 following to participants to whose accounts excess elective deferrals were allocated for the calendar preceding taxable year to which the and who claim excess is attributableelective deferrals for such taxable year. Excess Elective Deferrals or Xxxx Elective Deferrals that are distributed on a timely basis elective deferrals shall be treated as annual additions under the plan. The participant's claim under this Section 3.2.3 shall be in writing; shall be submitted to the plan administrator not be considered Annual Additions later than March 1; shall specify the amount of the participant's excess elective deferral for the Limitation Year during which preceding taxable year; and shall be accompanied by the participant's written statement that if such amounts are deferrednot distributed, such excess elective deferrals, when added to amounts deferred under other plans or arrangements described in Sections 401(k), 408(k), or 403(b) of the Code, will exceed the limit imposed on the participant by Section 402(g) of the Code for the taxable year in which the deferral occurred. The excess elective deferral shall be adjusted for income or loss up to the date of distribution. The income or loss allocable to excess elective deferrals is the sum of (i) income or loss allocable to the participant's elective deferral account for the taxable year multiplied by a fraction, the numerator of which is such participant's excess elective deferrals for the year and the denominator of which is the participant's accrued benefit attributable to elective deferrals without regard to any income or loss occurring during such taxable year; and (ii) 10% of the amount determined under (i) 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.