Excess Amount. The excess of the Participant's Annual Additions for the Limitation Year over the Maximum Permissible Amount.
Excess Amount. Excess Amount shall have the meaning set forth in Section 13. Expense Year. Expense Year shall have the meaning set forth in Section 13.
Excess Amount. The term "Excess Amount" means, in the case of a 403(b) Plan, any contributions or allocations that are in excess of the limits under § 415 or § 403(b)(2)(the exclusion allowance limit) for the year.
Excess Amount. I. If the Tobacco Product Manufacturer establishes that the amount required to be placed into escrow in a particular Sales Year for the applicable Beneficiary State was, depending on the law of such Beneficiary State, greater than either: (aa) that State’s allocable share of the total payments that the Tobacco Product Manufacturer would have been required to make in that year had it been a Participating Manufacturer under the MSA (as determined pursuant to section IX(i)(2) of the MSA, and before any adjustments or offsets described in Section IX(i)(3) of that Agreement other than the Inflation Adjustment); or (bb) the MSA payments, as determined pursuant to Section IX(i)(1) of that Agreement including after final determination of all adjustments, that the Tobacco Product Manufacturer would have been required to make on account of such Units Sold in the Beneficiary State had it been a Participating Manufacturer under the MSA (in either case the difference being referred to herein as the “Excess Amount”), such Excess Amount shall be released and revert back to the Tobacco Product Manufacturer. This withdrawal is calculated based upon Sales Year, not Deposit Date.
II. To the extent established, the Escrow Agent shall pay the Excess Amount to the Tobacco Product Manufacturer upon the joint written instruction of the Tobacco Product Manufacturer and the Attorney General or the Attorney General’s Designee of the applicable Beneficiary State as set forth in Section 6 or upon entry of a final binding, non-appealable order of a court of competent jurisdiction handling such matter after any appeal or any right of appeal has been exhausted.
III. The Tobacco Product Manufacturer shall submit in writing to the Attorney General for the applicable Beneficiary State the Tobacco Product Manufacturer’s calculation establishing the Excess Amount. If the applicable Beneficiary State and the Tobacco Product Manufacturer cannot agree on the existence of an Excess Amount or the calculation of the Excess Amount, the dispute shall be resolved in a court of competent jurisdiction located in the applicable Beneficiary State, or if the laws of any Beneficiary State so require, then under the applicable Administrative Procedures Act of that Beneficiary State.
Excess Amount. Excess Amount means the excess of the Participant's Annual Additions for the Limitation Year over the Annual Additions Limit.
Excess Amount. The term "Excess Amount" means any amount returned to ensure that the plan satisfies the requirements of § 401(a)(30), 415, or 403(b)(2) (for plan years prior to January 1, 2002). In addition, the term “Excess Amount” includes (for all plan years) any distributions required to ensure that the plan complies with the applicable requirements of § 403(b).
Excess Amount. The "Excess Amount" is the excess of what would otherwise by a Participant's Annual Addition for the Limitation Year over the Maximum Permissible Amount. If at the end of a Limitation Year when the Maximum Permissible Amount is determined on the basis of the Participant's actual Compensation for the year, an Excess Amount results, the Excess Amount will be deemed to consist of the portion of the Annual Addition last allocated, except that the portion of the Annual Addition attributable to a welfare benefit fund will be deemed to have been allocated first regardless of the actual allocation date.
Excess Amount. The term "Excess Amount" means (a) an Overpayment, (b) an elective deferral or employee after-tax contribution returned to satisfy § 415, (c) an elective deferral in excess of the limitation of § 402(g) that is distributed, (d) an excess contribution or excess aggregate contribution that is distributed to satisfy § 401(k) or § 401(m), (e) an elective deferral that is distributed to satisfy the limitation of § 401(a)(17), or (f) any similar amount that is required to be distributed in order to maintain plan qualification.
Excess Amount. The excess of the Member’s annual additions for the limitation year over the maximum permissible amount.
Excess Amount. The term "Excess Amount" means (a) an Overpayment, (b) an elective deferral or employee after-tax contribution returned to satisfy □ 415, (c) an elective deferral in excess of the limitation of □ 402(g) that is distributed, (d) an excess contribution or excess aggregate contribution that is distributed to satisfy □ 401(k) or □ 401(m), (e) an amount contributed on behalf of an employee that is in excess of the employee’s benefit provided under a SEP, (f) an excess contribution that is distributed to satisfy □ 408(k)(6)(A)(iii), (g) an elective deferral that is distributed to satisfy the limitation of □ 401(a)(17), or (h) any similar amount that is required to be distributed in order to maintain plan qualification.
