Common use of Employers Maintaining Other Master or Prototype Defined Contribution Plans Clause in Contracts

Employers Maintaining Other Master or Prototype Defined Contribution Plans. (a) If, in addition to this Plan, the Participant is covered under another qualified defined contribution plan which qualifies as a Master or Prototype Plan or a welfare benefit fund (as defined in Code Section 419(e)) or an individual medical account (as defined in Code Section 415(1)(2)) maintained by the Employer during any Limitation Year, the amount of Annual Additions which may be allocated under this Plan on the Participant's behalf for such Limitation Year, shall not exceed the Maximum Permissible Amount reduced by the Annual Additions credited to a Participant's account under such other plans, welfare benefit funds or individual medical accounts for the same Limitation Year. If the Annual Additions with respect to the Participant under other defined contribution plans and welfare benefit funds maintained by the Employer are less than the Maximum Permissible Amount and the Employer contribution that would otherwise be contributed or allocated to the Participant's Account under this Plan would cause the Annual Additions for the Limitation Year to exceed this limitation, the amount contributed or allocated will be reduced so that the Annual Additions under all such plans and funds for the Limitation Year will equal the Maximum Permissible Amount. If the Annual Additions with respect to the Participant under such other defined contribution plans and welfare benefit funds in the aggregate are equal to or greater than the Maximum Permissible Amount, no amount will be contributed or allocated to the Participant's Account under this Plan for the Limitation Year. (b) Prior to the determination of the Participant's actual Compensation for the Limitation Year, the amounts referred to in subsection (a) above may be determined on the Participant's estimated annual compensation for such Limitation Year. Such estimated annual compensation shall be determined on a reasonable basis and shall be uniformly determined for all Participants similarly situated. Any Employer contribution based on estimated annual compensation shall be reduced by any Excess Amounts carried over from prior years. (c) As soon as it is administratively feasible after the end of the Limitation Year, the amounts referred to in subsection (a) above shall be determined on the basis of the Participant's actual Compensation for such Limitation Year. (d) If a Participant's Annual Additions under this Plan and all such other plans result in an Excess Amount for a Limitation Year, such Excess Amount shall be deemed to consist of the Annual Additions last allocated, except that Annual Additions attributable to a welfare benefit fund or individual medical account will be deemed to have been allocated first regardless of the actual allocation date. (e) If an Excess Amount was allocated to a Participant on an allocation date of this Plan which coincides with an allocation date of another plan, the Excess Amount attributed to this Plan will be the product of: (i) the total Excess Amount allocated as of such date (including any amount which would have been allocated but for the limitations of Code Section 415), times (ii) the ratio of (A) the amount allocated to the Participant as of such date under this Plan, divided by (B) the total amount allocated as of such date under all qualified master or prototype defined contribution plans (determined without regard to the limitations of Code Section 415). (f) Any Excess Amounts attributed to this Plan shall be disposed of as provided in Section 6.1(d).

Employers Maintaining Other Master or Prototype Defined Contribution Plans. (a) IfThis Section applies if, in addition to this Plan, the a Participant is covered under another qualified defined contribution plan which qualifies as a Master or Prototype Plan or defined contribution plan, a welfare benefit fund (as defined in Code Section 419(e)) ), or an individual medical account (as defined in Code Section 415(1)(2415(l)(2)) maintained by the Employer during any Limitation Year, the amount of . The Annual Additions Addition which may be allocated under this Plan on the to any Participant's behalf Account for any such Limitation Year, Year shall not exceed the Maximum Permissible Amount Amount, reduced by the sum of any portion of the Annual Additions Addition credited to a the Participant's account under such other plans, welfare benefit funds or funds, and individual medical accounts for the same Limitation Year. . (b) If the Annual Additions Addition with respect to the a Participant under other defined contribution plans and plans, welfare benefit funds funds, and individual medical accounts maintained by the Employer of what would be portions of the Annual Addition (if the allocations were made under the Plan) are less than the Maximum Permissible Amount and the Employer contribution Contribution that would otherwise be contributed or allocated to the Participant's Account under this Plan would cause the Annual Additions Addition for the Limitation Year to exceed this limitation, the amount contributed or allocated will be reduced so that the Annual Additions Addition under all such plans and funds for the Limitation Year will equal the Maximum Permissible Amount. . (c) If the Annual Additions Addition with respect to the Participant under such other defined contribution plans and plans, welfare benefit funds funds, and individual medical accounts in the aggregate are equal to or greater than the Maximum Permissible Amount, no amount will be contributed or allocated to the Participant's Account under this Plan for the Limitation Year. (bd) Prior to the determination of determining the Participant's actual Compensation for the Limitation Year, the amounts referred to Employer may determine the Maximum Permissible Amount for a Participant in subsection (athe manner described in Section 5.01(b)(i) above may be determined on provided the Participant's estimated annual compensation for such Limitation Year. Such estimated annual compensation shall be determined on a reasonable basis and shall be uniformly determined for all Participants similarly situated. Any Employer contribution based on estimated annual compensation shall be reduced by any Excess Amounts carried over from prior yearscomplies with the provisions of Section 5.01(b)(ii). (ce) As soon If, pursuant to Section 5.02(d) or as it is administratively feasible after the end a result of the Limitation Yearallocation of forfeitures, the amounts referred to in subsection (a) above shall be determined on the basis of the Participant's actual Compensation for such Limitation Year. (d) If a Participant's Annual Additions Addition under this Plan and all such Participant's annual additions under such other plans defined contributions plans, welfare benefit funds, and individual medical accounts would result in an Excess Amount for a Limitation Year, such the Excess Amount shall will be deemed to consist of the Annual Additions annual additions last allocated, except that Annual Additions annual additions attributable to a welfare benefit fund or individual medical account will be deemed to have been allocated first regardless of the actual allocation date. (ef) If an Excess Amount was allocated to a Participant on an allocation date of under this Plan on a date which coincides with the date an allocation date of was made under another plan, the Excess Amount attributed to this Plan will be the product of: (i) the total Excess Amount allocated as of such date (including any amount which would have been allocated but for the limitations of Code Section 415)date, timesmultiplied by (ii) the ratio of quotient obtained by dividing (A) the amount portion of the Annual Addition allocated to the Participant for the Limitation Year as of such date by (B) the total Annual Addition allocations to the Participant for the Limitation Year as of such date under this Plan, divided by (B) and all the total amount allocated as of such date under all other qualified master Master or prototype Prototype defined contribution plans (determined without regard to maintained by the limitations of Code Section 415)Employer. (fg) Any Excess Amounts Amount attributed to this the Plan shall will be disposed of as provided in the manner described in Section 6.1(d)5.01.

Employers Maintaining Other Master or Prototype Defined Contribution Plans. (a) IfThis Section applies if, in addition to this Plan, the a Participant is covered under another qualified defined contribution plan which qualifies as a Master or Prototype Plan or defined contribution plan, a welfare benefit fund (as defined in Code Section 419(e)) or ), an individual medical account (as defined in Code Section 415(1)(2)), or a simplified employee pension (as defined in Code Section 408(k)) maintained by the Employer during any Limitation Year, the amount of . The Annual Additions Addition which may be allocated under this Plan on the to any Participant's behalf Account for any such Limitation Year, Year shall not exceed the Maximum Permissible Amount Amount, reduced by the sum of any portion of the Annual Additions Addition credited to a the Participant's account under such other plans, welfare benefit funds or funds, and individual medical accounts for the same Limitation Year. . (b) If the Annual Additions Addition with respect to the a Participant under other defined contribution plans and plans, welfare benefit funds funds, individual medical accounts and simplified employee pensions maintained by the Employer of what would be portions of the Annual Addition (if the allocations were made under the Plan) are less than the Maximum Permissible Amount and the Employer contribution Contribution that would otherwise be contributed or allocated to the Participant's Account under this Plan would cause the Annual Additions Addition for the Limitation Year to exceed this limitation, the amount contributed or allocated will be reduced so that the Annual Additions Addition under all such plans and funds for the Limitation Year will equal the Maximum Permissible Amount. . (c) If the Annual Additions Addition with respect to the Participant under such other defined contribution plans and plans, welfare benefit funds funds, individual medical accounts and simplified employee pensions in the aggregate are equal to or greater than the Maximum Permissible Amount, no amount will be contributed or allocated to the Participant's Account under this Plan for the Limitation Year. (b) Prior to the determination of the Participant's actual Compensation for the Limitation Year, the amounts referred to in subsection (a) above may be determined on the Participant's estimated annual compensation for such Limitation Year. Such estimated annual compensation shall be determined on a reasonable basis and shall be uniformly determined for all Participants similarly situated. Any Employer contribution based on estimated annual compensation shall be reduced by any Excess Amounts carried over from prior years. (c) As soon as it is administratively feasible after the end of the Limitation Year, the amounts referred to in subsection (a) above shall be determined on the basis of the Participant's actual Compensation for such Limitation Year. (d) If a Participant's Annual Additions under this Plan and all such other plans result in an Excess Amount for a Limitation Year, such Excess Amount shall be deemed to consist of the Annual Additions last allocated, except that Annual Additions attributable to a welfare benefit fund or individual medical account will be deemed to have been allocated first regardless of the actual allocation date. (e) If an Excess Amount was allocated to a Participant on an allocation date of this Plan which coincides with an allocation date of another plan, the Excess Amount attributed to this Plan will be the product of: (i) the total Excess Amount allocated as of such date (including any amount which would have been allocated but for the limitations of Code Section 415), times (ii) the ratio of (A) the amount allocated to the Participant as of such date under this Plan, divided by (B) the total amount allocated as of such date under all qualified master or prototype defined contribution plans (determined without regard to the limitations of Code Section 415). (f) Any Excess Amounts attributed to this Plan shall be disposed of as provided in Section 6.1(d).Permissible

Employers Maintaining Other Master or Prototype Defined Contribution Plans. (a) IfThis Section applies if, in addition to this Plan, the a Participant is covered under another qualified defined contribution plan which qualifies as a Master or Prototype Plan or defined contribution plan, a welfare benefit fund (as defined in Code Section 419(e)) or ), an individual medical account (as defined in Code Section 415(1)(2)), or a simplified employee pension (as defined in Code Section 408(k)) maintained by the Employer during any Limitation Year, the amount of . The Annual Additions Addition which may be allocated under this Plan on the to any Participant's behalf Account for any such Limitation Year, Year shall not exceed the Maximum Permissible Amount Amount, reduced by the sum of any portion of the Annual Additions Addition credited to a the Participant's account under such other plans, welfare benefit funds or funds, and individual medical accounts for the same Limitation Year. . (b) If the Annual Additions Addition with respect to the a Participant under other defined contribution plans and plans, welfare benefit funds funds, individual medical accounts and simplified employee pensions maintained by the Employer of what would be portions of the Annual Addition (if the allocations were made under the Plan) are less than the Maximum Permissible Amount and the Employer contribution Contribution that would otherwise be contributed or allocated to the Participant's Account under this Plan would cause the Annual Additions Addition for the Limitation Year to exceed this limitation, the amount contributed or allocated will be reduced so that the Annual Additions Addition under all such plans and funds for the Limitation Year will equal the Maximum Permissible Amount. . (c) If the Annual Additions Addition with respect to the Participant under such other defined contribution plans and plans, welfare benefit funds funds, individual medical accounts and simplified employee pensions in the aggregate are equal to or greater than the Maximum Permissible Amount, no amount will be contributed or allocated to the Participant's Account under this Plan for the Limitation Year. (bd) Prior to the determination of determining the Participant's actual Compensation for the Limitation Year, the amounts referred Employer may determine the Maximum Permissible Amount for a Participant in the manner described in Section 5.01(b)(i) provided the Employer complies with the provisions of Section 5.01(b)(ii). (e) If, pursuant to in subsection (aSection 5.02(d) above may be determined on the Participant's estimated annual compensation for such Limitation Year. Such estimated annual compensation shall be determined on or as a reasonable basis and shall be uniformly determined for all Participants similarly situated. Any Employer contribution based on estimated annual compensation shall be reduced by any Excess Amounts carried over from prior years. (c) As soon as it is administratively feasible after the end result of the Limitation Yearallocation of forfeitures, the amounts referred to in subsection (a) above shall be determined on the basis of the Participant's actual Compensation for such Limitation Year. (d) If a Participant's Annual Additions Addition under this Plan and all such Participant's annual additions under such other plans defined contributions plans, welfare benefit funds, individual medical accounts and simplified employee pensions would result in an Excess Amount for a Limitation Year, such the Excess Amount shall will be deemed to consist of the Annual Additions annual additions last allocated, except that Annual Additions annual additions attributable to a simplified employee pension will be deemed to have been allocated first, followed by annual additions to a welfare benefit fund or individual medical account will be deemed to have been allocated first account, regardless of the actual allocation date. (e) If an Excess Amount was allocated to a Participant on an allocation date of this Plan which coincides with an allocation date of another plan, the Excess Amount attributed to this Plan will be the product of: (i) the total Excess Amount allocated as of such date (including any amount which would have been allocated but for the limitations of Code Section 415), times (ii) the ratio of (A) the amount allocated to the Participant as of such date under this Plan, divided by (B) the total amount allocated as of such date under all qualified master or prototype defined contribution plans (determined without regard to the limitations of Code Section 415). (f) Any Excess Amounts attributed to this Plan shall be disposed of as provided in Section 6.1(d).