Effect of Certain Distributions Clause Samples

Effect of Certain Distributions. This Section will not apply to any Participant or rollover contributions and will be applicable only if a vesting schedule other than 100% immediate vesting is elected in the Adoption Agreement. A Participant who terminated participation in the Plan for any reason other than death, retirement, or disability while any portion of the Participant's Account in the Trust Fund is forfeitable and who receives a distribution of any portion of the Participant's vested Account not later than the close of the second Plan Year following the Plan Year in which such termination of participation occurs will have the right to pay back such distribution to the Plan. Such repayment may be made [1] only if the Participant has returned to the employ of the Employer at the time of such repayment, and [2] in the case of a distribution upon termination of employment, before the earlier of the date on which the Participant experiences five consecutive one year Breaks in Service or five years from the date of re-employment with the Employer, or, in the case of any other distribution, five years from the date of the distribution. A Participant who desires to make repayment of a distribution under this Section will make repayment directly to the Trustee. If a Participant repays a distribution under this Section, the value of the Participant's Account will be restored to the amount of the Account immediately prior to distribution, unadjusted by any subsequent gains or losses. In the case of a Participant who terminates employment when the Participant's vested Account balance is zero and who is deemed to receive a distribution of the Participant's vested Account balance upon such termination, if such Participant becomes reemployed prior to the date on which the Participant experiences five consecutive one-year Breaks in Service, such Participant's nonvested Account balance will be restored to the amount of the nonvested Account on the date of such deemed distribution. If distribution is made to a Participant and the Participant does not repay such distribution under the terms of this Section, when the time limit for repayment expires under this Section, the Participant's forfeitable Account immediately before such distribution will not be restored and such Account will not be adjusted for any increase in vesting for service completed during the repayment period.