Common use of Employer Maintains Multiple Defined Contribution Type Plans Clause in Contracts

Employer Maintains Multiple Defined Contribution Type Plans. Unless the Employer specifies another method for limiting “annual additions” in the 415 Correction Addendum to the Adoption Agreement, if the “415 employer” maintains any other qualified defined contribution plan or any “welfare benefit fund”, “individual medical benefit account”, or “simplified employee pension” in addition to the Plan, the provisions of this Subsection 6.12(b) shall apply. (1) If a Participant is covered under any other qualified defined contribution plan or any “welfare benefit fund”, “individual medical benefit account”, or “simplified employee pension” maintained by the “415 employer”, that provides an “annual addition”, the amount of “annual additions” to the Participant’s Account for a Limitation Year shall not exceed the lesser of: (A) the “maximum permissible amount”, reduced by the sum of any “annual additions” to the Participant’s accounts for the same Limitation Year under such other qualified defined contribution plans and “welfare benefit funds”, “individual medical benefit accounts”, and “simplified employee pensions”, or (B) any other limitation contained in the Plan. If the “annual additions” with respect to a Participant under other qualified defined contribution plans, “welfare benefit funds”, “individual medical benefit accounts”, and “simplified employee pensions” maintained by the “415 employer” are less than the “maximum permissible amount” and a contribution that would otherwise be contributed or allocated to the Participant’s Account under the Plan would cause the “annual additions” for the Limitation Year to exceed the “maximum permissible amount”, the amount to be contributed or allocated shall be reduced so that the “annual additions” for the Limitation Year shall equal the “maximum permissible amount”. If the “annual additions” with respect to the Participant under such other qualified defined contribution plans, “welfare benefit funds”, “individual medical benefit accounts”, and “simplified employee pensions” in the aggregate are equal to or greater than the “maximum permissible amount”, no amount shall be contributed or allocated to the Participant’s Account under the Plan for the Limitation Year. (2) Prior to the determination of a Participant’s actual “415 compensation” for the Limitation Year, the amounts referred to in Subsection 6.12(b)(1)(A) above may be determined on the basis of a reasonable estimation of the Participant’s “415 compensation” for such Limitation Year, uniformly determined for all Participants similarly situated. Any Employer contribution to be made based on estimated annual “415 compensation” shall be reduced by any “excess 415 amounts” carried over from prior Limitation Years. (3) As soon as is administratively feasible after the end of the Limitation Year, the amounts referred to in Subsection 6.12(b)(1)(A) shall be determined on the basis of the Participant’s actual “415 compensation” for such Limitation Year.

Employer Maintains Multiple Defined Contribution Type Plans. Unless the Employer specifies another method for limiting “"annual additions” " in the 415 Correction Addendum to the Adoption Agreement, if the “"415 employer” " maintains any other qualified defined contribution plan or any “"welfare benefit fund”", “"individual medical benefit account”", or “"simplified employee pension” " in addition to the Plan, the provisions of this Subsection 6.12(b) shall apply. (1) If a Participant is covered under any other qualified defined contribution plan or any “"welfare benefit fund”", “"individual medical benefit account”", or “"simplified employee pension” " maintained by the “"415 employer”", that provides an “"annual addition”", the amount of “"annual additions” " to the Participant’s 's Account for a Limitation Year shall not exceed the lesser of: (A) the “"maximum permissible amount”", reduced by the sum of any “"annual additions” " to the Participant’s 's accounts for the same Limitation Year under such other qualified defined contribution plans and “"welfare benefit funds”", “"individual medical benefit accounts”", and “"simplified employee pensions”", or (B) any other limitation contained in the Plan. If the “"annual additions” " with respect to a Participant under other qualified defined contribution plans, “"welfare benefit funds”", “"individual medical benefit accounts”", and “"simplified employee pensions” " maintained by the “"415 employer” " are less than the “"maximum permissible amount” " and a contribution that would otherwise be contributed or allocated to the Participant’s 's Account under the Plan would cause the “"annual additions” " for the Limitation Year to exceed the “"maximum permissible amount”", the amount to be contributed or allocated shall be reduced so that the “"annual additions” " for the Limitation Year shall equal the “"maximum permissible amount”". If the “"annual additions” " with respect to the Participant under such other qualified defined contribution plans, “"welfare benefit funds”", “"individual medical benefit accounts”", and “"simplified employee pensions” " in the aggregate are equal to or greater than the “"maximum permissible amount”", no amount shall be contributed or allocated to the Participant’s 's Account under the Plan for the Limitation Year. (2) Prior to the determination of a Participant’s 's actual “415 compensation” Compensation for the Limitation Year, the amounts referred to in Subsection 6.12(b)(1)(A) above may be determined on the basis of a reasonable estimation of the Participant’s “415 compensation” 's Compensation for such Limitation Year, uniformly determined for all Participants similarly situated. Any Employer contribution to be made based on estimated annual “415 compensation” Compensation shall be reduced by any “"excess 415 amounts” " carried over from prior Limitation Years. (3) As soon as is administratively feasible after the end of the Limitation Year, the amounts referred to in Subsection 6.12(b)(1)(A) shall be determined on the basis of the Participant’s 's actual “415 compensation” Compensation for such Limitation Year. (4) Notwithstanding the provisions of any other plan maintained by a "415 employer", if there is an "excess 415 amount" with respect to a Participant for a Limitation Year as a result of estimation of the Participant's Compensation for the Limitation Year, the allocation of forfeitures to the Participant's account under any qualified defined contribution plan maintained by the "415 employer", or a reasonable error in determining the amount of Deferral Contributions that may be made on behalf of the Participant to the Plan or any other qualified defined contribution plan maintained by the "415 employer" under the limits of this Subsection 6.12(b), such "excess 415 amount" shall be deemed to consist first of the "annual additions" allocated to this Plan and shall be reduced as provided in Subsection 6.12(a)(4); provided, however, that if the "415 employer" maintains both a profit sharing plan and a money purchase pension plan under this Basic Plan Document, "annual additions" to the money purchase pension plan shall be reduced only after all "annual additions" to the profit sharing plan have been reduced.

Employer Maintains Multiple Defined Contribution Type Plans. Unless the Employer specifies another method for limiting “"annual additions” " in the 415 Correction Addendum to the Adoption Agreement, if the “"415 employer” " maintains any other qualified defined contribution plan or any “"welfare benefit fund”", “"individual medical benefit account”", or “"simplified employee pension” " in addition to the Plan, the provisions of this Subsection 6.12(b) shall apply. (1) If a Participant is covered under any other qualified defined contribution plan or any “"welfare benefit fund”", “"individual medical benefit account”", or “"simplified employee pension” " maintained by the “"415 employer”", that provides an “"annual addition”", the amount of “"annual additions” " to the Participant’s 's Account for a Limitation Year shall not exceed the lesser of: (A) the “"maximum permissible amount”", reduced by the sum of any “"annual additions” " to the Participant’s 's accounts for the same Limitation Year under such other qualified defined contribution plans and “"welfare benefit funds”", “"individual medical benefit accounts”", and “"simplified employee pensions”", or (B) any other limitation contained in the Plan. If the “"annual additions” " with respect to a Participant under other qualified defined contribution plans, “"welfare benefit funds”fluids", “"individual medical benefit accounts”", and “"simplified employee pensions” " maintained by the “"415 employer” " are less than the “"maximum permissible amount” " and a contribution that would otherwise be contributed or allocated to the Participant’s 's Account under the Plan would cause the “"annual additions” " for the Limitation Year to exceed the “"maximum permissible amount”", the amount to be contributed or allocated shall be reduced so that the “"annual additions” " for the Limitation Year shall equal the “"maximum permissible amount”". If the “"annual additions” " with respect to the Participant under such other qualified defined contribution plans, “"welfare benefit funds”finds", “"individual medical benefit accounts”", and “"simplified employee pensions” " in the aggregate are equal to or greater than the “"maximum permissible amount”", no amount shall be contributed or allocated to the Participant’s 's Account under the Plan for the Limitation Year. (2) Prior to the determination of a Participant’s 's actual “415 compensation” Compensation for the Limitation Year, the amounts referred to in Subsection 6.12(b)(1)(A) above may be determined on the basis of a reasonable estimation of the Participant’s “415 compensation” 's Compensation for such Limitation Year, uniformly determined for all Participants similarly situated. Any Employer contribution to be made based on estimated annual “415 compensation” Compensation shall be reduced by any “"excess 415 amounts” " carried over from prior Limitation Years. (3) As soon as is administratively feasible after the end of the Limitation Year, the amounts referred to in Subsection 6.12(b)(1)(A) shall be determined on the basis of the Participant’s 's actual “415 compensation” Compensation for such Limitation Year. (4) Notwithstanding the provisions of any other plan maintained by a "415 employer", if there is an "excess 415 amount" with respect to a Participant for a Limitation Year as a result of estimation of the Participant's Compensation for the Limitation Year, the allocation of forfeitures to the Participant's account under any qualified defined contribution plan maintained by the "415 employer", or a reasonable error in determining the amount of Deferral Contributions that may be made on behalf of the Participant to the Plan or any other qualified defined contribution plan maintained by the "415 employer" under the limits of this Subsection 6.12(b), such "excess 415 amount" shall be deemed to consist first of the "annual additions" allocated to this Plan and shall be reduced as provided in Subsection 6.12(a)(4); provided, however, that if the "415 employer" maintains both a profit sharing plan and a money purchase pension plan under this Basic Plan Document, "annual additions" to the money purchase pension plan shall be reduced only after all "annual additions" to the profit sharing plan have been reduced.

Employer Maintains Multiple Defined Contribution Type Plans. Unless the Employer specifies another method for limiting “"annual additions” " in the 415 Correction Addendum to the Adoption Agreement, if the “415 "41S employer” " maintains any other qualified defined contribution plan or any “"welfare benefit fund”", “"individual medical benefit account”", or “"simplified employee pension” " in addition to the Plan, the provisions of this Subsection 6.12(b) shall apply. (1) If a Participant is covered under any other qualified defined contribution plan or any “"welfare benefit fund”", “"individual medical benefit account”", or “"simplified employee pension” " maintained by the “"415 employer”", that provides an “"annual addition”", the amount of “"annual additions” " to the Participant’s 's Account for a Limitation Year shall not exceed the lesser of: (A) the “"maximum permissible amount”", reduced by the sum of any “"annual additions” " to the Participant’s 's accounts for the same Limitation Year under such other qualified defined contribution plans and “"welfare benefit funds”", “"individual medical benefit accounts”", and “"simplified employee pensions”", or (B) any other limitation contained in the Plan. If the “"annual additions” " with respect to a Participant under other qualified defined contribution plans, “"welfare benefit funds”", “"individual medical benefit accounts”", and “"simplified employee pensions” " maintained by the “"415 employer” " are less than the “"maximum permissible amount” " and a contribution that would otherwise be contributed or allocated to the Participant’s 's Account under the Plan would cause the “"annual additions” " for the Limitation Year to exceed the “"maximum permissible amount”", the amount to be contributed or allocated shall be reduced so that the “"annual additions” " for the Limitation Year shall equal the “"maximum permissible amount”". If the “"annual additions” " with respect to the Participant under such other qualified defined contribution plans, “"welfare benefit funds”", “"individual medical benefit accounts”", and “"simplified employee pensions” " in the aggregate are equal to or greater than the “"maximum permissible amount”", no amount shall be contributed or allocated to the Participant’s 's Account under the Plan for the Limitation Year. (2) Prior to the determination of a Participant’s 's actual “415 compensation” Compensation for the Limitation Year, the amounts referred to in Subsection 6.12(b)(1)(A) above may be determined on the basis of a reasonable estimation of the Participant’s “415 compensation” 's Compensation for such Limitation Year, uniformly determined for all Participants similarly situated. Any Employer contribution to be made based on estimated annual “415 compensation” Compensation shall be reduced by any “"excess 415 amounts” " carried over from prior Limitation Years. (3) As soon as is administratively feasible after the end of the Limitation Year, the amounts referred to in Subsection 6.12(b)(1)(A) shall be determined on the basis of the Participant’s 's actual “415 compensation” Compensation for such Limitation Year. (4) Notwithstanding the provisions of any other plan maintained by a "415 employer", if there is an "excess 41S amount" with respect to a Participant for a Limitation Year as a result of estimation of the Participant's Compensation for the Limitation Year, the allocation of forfeitures to the Participant's account under any qualified defined contribution plan maintained by the "415 employer", or a reasonable error in determining the amount of Deferral Contributions that may be made on behalf of the Participant to the Plan or any other qualified defined contribution plan maintained by the "415 employer" under the limits of this Subsection 6.12(b), such "excess 415 amount" shall be deemed to consist first of the "annual additions" allocated to this Plan and shall be reduced as provided in Subsection 6.12(a)(4); provided, however, that if the "415 employer" maintains both a profit sharing plan and a money purchase pension plan under this Basic Plan