Common use of Employer Profit Sharing Contributions Clause in Contracts

Employer Profit Sharing Contributions. If selected by the Employer in ------------------------------------- the Adoption Agreement, for each Plan Year, the Employer will contribute, as Employer Profit Sharing Contributions, either a fixed amount or the amount determined by it in its discretion. Employer Profit Sharing Contributions, plus any forfeitures under Section 8.02 hereof, for a Plan Year shall be allocated as of the last day of such Plan Year among the Employer Profit Sharing Contribution Accounts of eligible Participants (as determined in accordance with the Adoption Agreement), as follows: (a) If a non-integrated formula is elected in the Adoption Agreement, such contribution and forfeitures shall be allocated to the Employer Profit Sharing Contribution Account of each eligible Participant in the ratio that each such Participant's Compensation for the Plan Year bears to the total Compensation paid to all eligible Participants for the Plan Year; and (b) If an integrated formula is elected in the Adoption Agreement, such contributions and forfeitures shall be allocated in the following steps: (i) First, Employer Profit Sharing Contributions and lbrfeitures will be allocated to the Employer Profit Sharing Contribution Account of each eligible Participant in the ratio that the sum of each such Participant's Compensation and Compensation in excess of the Integration Level for the Plan Year bears to the sum of Compensation and Compensation in excess of the Integration Level for all such eligible Participants for the Plan Year, provided that the amount so credited to any such Participant's Employer Profit Sharing Contribution Account for the Plan Year shall not exceed the product of the Integration Rate times the sum of the Participant's Compensation and Compensation in excess of the Integration Level for the Plan Year. For purposes of this step, in the case of any Participant who has exceeded the cumulative permitted disparity limit described below, two times such Participant's Compensation for the Plan Year will be taken into account. (ii) Next, any remaining Employer Profit Sharing Contributions and forfeitures will be allocated to the Employer Profit Sharing Contribution Account of each eligible Participant in the ratio that each such Participant's Compensation for the Plan Year bears to the total Compensation paid to all eligible Participants for the Plan Year. (c) Overall permitted disparity limits. ---------------------------------- (i) Annual overall permitted disparity limit: Notwithstanding ---------------------------------------- the preceding paragraphs, for any Plan Year this Plan benefits any Participant who benefits under another qualified plan or simplified employee pension, as defined in Section 408(k) of the Code, maintained by the Employer that provides for permitted disparity (or imputes disparity), Employer contributions and forfeitures will be allocated pursuant to the provisions of Section 4.03(a) rather than 4.03(b). (ii) Cumulative permitted disparity limit: Effective for Plan ------------------------------------ Years beginning on or after January 1, 1995, the cumulative permitted disparity limit for a Participant is 35 total cumulative permitted disparity years. Total cumulative permitted years means the number of years credited to the Participant for allocation or accrual purposes under this Plan, any other qualified plan or simplified employee pension plan (whether or not terminated) ever maintained by the Employer. For purposes of determining the Participant's cumulative permitted disparity limit, all years ending in the same calendar year are treated as the same year. If the Participant has not benefited under a defined benefit or target benefit plan for any year beginning on or after January 1, 1994, the Participant has no cumulative disparity limit.

Employer Profit Sharing Contributions. If selected by the Employer in ------------------------------------- the Adoption Agreement, for each Plan Year, the Employer will contribute, as Employer Profit Sharing Contributions, either a fixed amount or the amount determined by it in its discretion. Employer Profit Sharing Contributions, plus any forfeitures under Section 8.02 hereof, for a Plan Year shall be allocated as of the last day of such Plan Year among the Employer Profit Sharing Contribution Accounts of eligible Participants (as determined in accordance with the Adoption Agreement), as follows:will (a) If a non-integrated formula is elected in the Adoption Agreement, such contribution and forfeitures shall be allocated to the Employer Profit Sharing Contribution Account of each eligible Participant in the ratio that each such Participant's Compensation for the Plan Year bears to the total Compensation paid to all eligible Participants for the Plan Year; and and (b) If an integrated formula is elected in the Adoption Agreement, such contributions and forfeitures shall be allocated in the following steps: : (i) First, Employer Profit Sharing Contributions and lbrfeitures forfeitures will be allocated to the Employer Profit Sharing Contribution Account of each eligible Participant in the ratio that the sum of each such Participant's Compensation and Compensation in excess of the Integration Level for the Plan Year bears to the sum of Compensation and Compensation in excess of the Integration Level for all such eligible Participants for the Plan Year, provided that the amount so credited to any such Participant's Employer Profit Sharing Contribution Account for the Plan Year shall not exceed the product of the Integration Rate times the sum of the Participant's Compensation and Compensation in excess of the Integration Level for the Plan Year. For purposes of this step, in the case of any Participant who has exceeded the cumulative permitted disparity limit described below, two times such Participant's Compensation for the Plan Year will be taken into account. (ii) Next, any remaining Employer Profit Sharing Contributions and forfeitures will be allocated to the Employer Profit Sharing Contribution Account of each eligible Participant in the ratio that each such Participant's Compensation for the Plan Year bears to the total Compensation paid to all eligible Participants for the Plan Year. (c) Overall permitted disparity limits. ---------------------------------- (i) Annual overall permitted disparity limit: Notwithstanding ---------------------------------------- the preceding paragraphs, for any Plan Year this Plan benefits any Participant who benefits under another qualified plan or simplified employee pension, as defined in Section 408(k) of the Code, maintained by the Employer that provides for permitted disparity (or imputes disparity), Employer contributions and forfeitures will be allocated pursuant to the provisions of Section 4.03(a) rather than 4.03(b). (ii) Cumulative permitted disparity limit: Effective for Plan ------------------------------------ Years beginning on or after January 1, 1995, the cumulative permitted disparity limit for a Participant is 35 total cumulative permitted disparity years. Total cumulative permitted years means the number of years credited to the Participant for allocation or accrual purposes under this Plan, any other qualified plan or simplified employee pension plan (whether or not terminated) ever maintained by the Employer. For purposes of determining the Participant's cumulative permitted disparity limit, all years ending in the same calendar year are treated as the same year. If the Participant has not benefited under a defined benefit or target benefit plan for any year beginning on or after January 1, 1994, the Participant has no cumulative disparity limit.

Employer Profit Sharing Contributions. If selected by the Employer in ------------------------------------- the Adoption Agreement, for each Plan Year, the Employer will contribute, as Employer Profit Sharing Contributions, either a fixed amount or the amount determined by it in its discretion. Employer Profit Sharing Contributions, plus any forfeitures under Section 8.02 hereof, for a Plan Year shall be allocated as of the last day of such Plan Year among the Employer Profit Sharing Contribution Accounts of eligible Participants (as determined in accordance with the Adoption Agreement), as follows: (a) If a non-integrated formula is elected in the Adoption Agreement, such contribution and forfeitures shall be allocated to the Employer Profit Sharing Contribution Account of each eligible Participant in the ratio that each such Participant's Compensation for the Plan Year bears to the total Compensation paid to all eligible Participants for the Plan Year; and; (b) If an integrated formula is elected in the Adoption Agreement, such contributions and forfeitures shall be allocated in the following steps: (i) First, Employer Profit Sharing Contributions and lbrfeitures forfeitures will be allocated to the Employer Profit Sharing Contribution Account of each eligible Participant in the ratio that the sum of each such Participant's Compensation and Compensation in excess of the Integration Level for the Plan Year bears to the sum of Compensation and Compensation in excess of the Integration Level for all such eligible Participants for the Plan Year, provided that the amount so credited to any such Participant's Employer Profit Sharing Contribution Account for the Plan Year shall not exceed the product of the Integration Rate times the sum of the Participant's Compensation and Compensation in excess of the Integration Level for the Plan Year. For purposes of this step, in the case of any Participant who has exceeded the cumulative permitted disparity limit described below, two times such Participant's Participant s Compensation for the Plan Year will be taken into account. (ii) Next, any remaining Employer Profit Sharing Contributions and forfeitures will be allocated to the Employer Profit Sharing Contribution Account of each eligible Participant in the ratio that each such Participant's Compensation for the Plan Year bears to the total Compensation paid to all eligible Participants for the Plan Year. (c) Overall permitted disparity limits. ----------------------------------. (i) Annual overall permitted disparity limit: Notwithstanding ---------------------------------------- the preceding paragraphs, for any Plan Year this Plan benefits any Participant who benefits under another qualified plan or simplified employee pension, as defined in Section 408(k) of the Code, maintained by the Employer that provides for permitted disparity (or imputes disparity), Employer contributions and forfeitures will be allocated pursuant to the provisions of Section 4.03(a) rather than 4.03(b). (ii) Cumulative permitted disparity limit: Effective for Plan ------------------------------------ Years beginning on or after January 1, 1995, the cumulative permitted disparity limit for a Participant is 35 total cumulative permitted disparity years. Total cumulative permitted years means the number of years credited to the Participant for allocation or accrual purposes under this Plan, any other qualified plan or simplified employee pension plan (whether or not terminated) ever maintained by the Employer. For purposes of determining the Participant's Participant s cumulative permitted disparity limit, all years ending in the same calendar year are treated as the same year. If the Participant has not benefited under a defined benefit or target benefit plan for any year beginning on or after January 1, 1994, the Participant has no cumulative disparity limit.

Employer Profit Sharing Contributions. (a) If selected by the Plan is adopted using Adoption Agreement NS-2, an Employer in ------------------------------------- may make Employer Profit Sharing Contributions under the Adoption Agreement, for each Plan Year, the Employer rules of this section. (b) A Participant will contribute, as be eligible to receive an allocation of Employer Profit Sharing Contributions, either a fixed amount or subject to Section 3.3(a), if applicable, and the amount determined by it in its discretion. rules of paragraphs (c)-(g) of this section. (c) For each Plan Year, an Employer may make an Employer Profit Sharing ContributionsContribution equal to the amount described in subparagraph (i) below, plus any forfeitures unless it is elected in the Adoption Agreement that the contribution will be in the amount described in subparagraph (ii) or (iii) below: (i) the percentage (including zero) of the aggregate Compensation of all Participants eligible for an allocation under Section 8.02 hereofparagraph (e), with that percentage determined by resolution of the Employer's board of directors if it is a corporation, or by other legally binding action of the Employer; (ii) the dollar amount, if any, determined by resolution of the Employer's board of directors, if it is a corporation, or other legally binding action of the Employer; (iii) the amount which satisfies the requirements for a Safe Harbor Nonelective Contribution. If this election is made, an Employer will be obligated to make a Safe Harbor Nonelective Contribution for each Plan Year shall for which such election is in effect, and the Safe Harbor Nonelective Contribution may not be allocated under either the Permitted Disparity or "safe harbor points" method of paragraph (g). (d) Employer Profit Sharing Contributions will be made on an annual basis, as of the last day of such the Plan Year among Year, unless it is elected in the Adoption Agreement that Employer Profit Sharing Contributions will be made as of the last day of each payroll period, or as of the last day of each calendar quarter. In each case, the period for which the Employer Profit Sharing Contribution Accounts of eligible Participants (as determined in accordance with is made will be the Adoption Agreement), as follows:"Profit Sharing Allocation Period." (ae) If a non-integrated formula is elected in the Adoption Agreement, such contribution and forfeitures shall be allocated to the Employer Profit Sharing Contribution Account of each eligible Participant in the ratio that each such Participant's Compensation for the Plan Year bears to the total Compensation paid to all eligible Participants for the Plan Year; and (b) If an integrated formula is elected in the Adoption Agreement, such contributions and forfeitures shall be allocated in the following steps: (i) First, Employer Profit Sharing Contributions and lbrfeitures will be allocated to the Employer Profit Sharing Contribution Account of each eligible Participant in the ratio that the sum of each such Participant's Compensation and Compensation in excess Participants as of the Integration Level for last day of the Plan Year bears to or the sum last day of Compensation and Compensation in excess of each calendar quarter (the Integration Level for all such eligible Participants for the Plan Year, provided that the amount so credited to any such Participant's Employer "Profit Sharing Contribution Account for Allocation Date"), by applying the Plan Year shall not exceed the product of the Integration Rate times the sum of the Participant's Compensation rules in paragraphs (f) and Compensation in excess of the Integration Level for the Plan Year. For purposes of this step, in the case of any Participant who has exceeded the cumulative permitted disparity limit described below, two times such Participant's Compensation for the Plan Year will be taken into account(g). (iif) NextThe following rules will be applied, any remaining in order, to determine which Participants are eligible to receive an allocation of Employer Profit Sharing Contributions and forfeitures will be allocated to the Employer as of a particular Profit Sharing Contribution Account of each eligible Participant in the ratio that each such Participant's Compensation for the Plan Year bears to the total Compensation paid to all eligible Participants for the Plan Year. (c) Overall permitted disparity limits. ---------------------------------- (i) Annual overall permitted disparity limit: Notwithstanding ---------------------------------------- the preceding paragraphs, for any Plan Year this Plan benefits any Participant who benefits under another qualified plan or simplified employee pension, as defined in Section 408(k) of the Code, maintained by the Employer that provides for permitted disparity (or imputes disparity), Employer contributions and forfeitures will be allocated pursuant to the provisions of Section 4.03(a) rather than 4.03(b). (ii) Cumulative permitted disparity limit: Effective for Plan ------------------------------------ Years beginning on or after January 1, 1995, the cumulative permitted disparity limit for a Participant is 35 total cumulative permitted disparity years. Total cumulative permitted years means the number of years credited to the Participant for allocation or accrual purposes under this Plan, any other qualified plan or simplified employee pension plan (whether or not terminated) ever maintained by the Employer. For purposes of determining the Participant's cumulative permitted disparity limit, all years ending in the same calendar year are treated as the same year. If the Participant has not benefited under a defined benefit or target benefit plan for any year beginning on or after January 1, 1994, the Participant has no cumulative disparity limit.Allocation Date:

Employer Profit Sharing Contributions. If selected by the Employer employer in ------------------------------------- the Adoption Agreement, for each Plan Year, the Employer will contribute, contribute as (an) Employer Profit Sharing Contributions, either a fixed amount or Contribution(s) the amount determined by it it, in its discretion. Employer Profit Sharing Contributionscontributions, plus any forfeitures under Section 8.02 hereof, for a Plan Year shall be allocated as of a Valuation Date during the last day of such relevant Plan Year Year. (a) Unless the Employer has specified otherwise in the Adoption Agreement, each Employer Profit Sharing Contribution and forfeiture shall be allocated among the Employer Profit Sharing Contribution Accounts of eligible all Participants (as determined and former Participants who were employed by the Employer during the Plan Year. If the Employer has specified in accordance with the Adoption Agreement)Agreement that former Participants who were employed by the Employer during the Plan Year but who are not employed on the last day of the Plan Year must have completed a minimum number of Hours of Service to receive an allocation of Employer Profit Sharing Contributions for such Plan Year, as follows:such former Participants who fail to complete the required number of Hours of Service during such a Plan Year shall not receive an allocation of Employer Profit Sharing Contributions or forfeitures. (ab) If a non-integrated formula is elected the Employer has so specified in the Adoption Agreement, such contribution Employer Profit Sharing Contributions and forfeitures shall not be allocated to the accounts of Highly Compensated Participants. Employer Profit Sharing Contributions and forfeitures shall be allocated to the Employer Profit Sharing Contribution Account of each eligible Participant Participants entitled to share in the ratio that each such Participant's Compensation for the Plan Year bears to the total Compensation paid to all eligible Participants for the Plan Year; and (b) If an integrated formula is elected in the Adoption Agreement, such contributions and forfeitures shall be allocated in the following steps: (i) First, Employer Profit Sharing Contributions and lbrfeitures will be allocated to the Employer Profit Sharing Contribution Account allocation of each eligible Participant in the ratio that the sum of each such Participant's Compensation and Compensation in excess of the Integration Level for the Plan Year bears to the sum of Compensation and Compensation in excess of the Integration Level for all such eligible Participants for the Plan Year, provided that the amount so credited to any such Participant's Employer Profit Sharing Contribution Account for the Plan Year shall not exceed the product of the Integration Rate times the sum of the Participant's Compensation and Compensation in excess of the Integration Level for the Plan Year. For purposes of this step, in the case of any Participant who has exceeded the cumulative permitted disparity limit described below, two times such Participant's Compensation for the Plan Year will be taken into account. (ii) Next, any remaining Employer Profit Sharing Contributions and forfeitures will be allocated for that Plan Year in proportion to the Employer Profit Sharing Contribution Account of each eligible Participant in the ratio that each such Participant's their Compensation for the Plan Year bears to the total Compensation paid to all eligible Participants for the such Plan Year. (c) Overall permitted disparity limits. ---------------------------------- (i) Annual overall permitted disparity limit: Notwithstanding ---------------------------------------- the preceding paragraphs, for any Plan Year this Plan benefits any Participant who benefits under another qualified plan or simplified employee pension, as defined in Section 408(k) of the Code, maintained by the Employer that provides for permitted disparity (or imputes disparity), Employer contributions and forfeitures will be allocated pursuant to the provisions of Section 4.03(a) rather than 4.03(b). (ii) Cumulative permitted disparity limit: Effective for Plan ------------------------------------ Years beginning on or after January 1, 1995, the cumulative permitted disparity limit for a Participant is 35 total cumulative permitted disparity years. Total cumulative permitted years means the number of years credited to the Participant for allocation or accrual purposes under this Plan, any other qualified plan or simplified employee pension plan (whether or not terminated) ever maintained by the Employer. For purposes of determining the Participant's cumulative permitted disparity limit, all years ending in the same calendar year are treated as the same year. If the Participant has not benefited under a defined benefit or target benefit plan for any year beginning on or after January 1, 1994, the Participant has no cumulative disparity limit.