Common use of EXCESS DEFERRAL FAIL SAFE PROVISION Clause in Contracts

EXCESS DEFERRAL FAIL SAFE PROVISION. As soon as practical after the close of each Plan Year, the Committee shall determine if there would be any Excess Deferrals. If there would be an Excess Deferral by a Participant, the Excess Deferral as adjusted by any earnings or losses, will be distributed to the Participant no later than April 15 following the Participant's taxable year in which the Excess Deferral was made. The income allocable to the Excess Deferrals for the taxable year of the Participant shall be determined by multiplying the income for the taxable year of the Participant allocable to Salary Deferral Contributions by a fraction. The numerator of the fraction is the amount of the Excess Deferrals made on behalf of the Participant for the taxable year. The denominator of the fraction is the Participant's total Salary Deferral Account balance as of the beginning of the taxable year plus the Participant's Salary Deferral Contributions for the taxable year.

Appears in 6 contracts

Samples: 401(k) Plan Amendment and Restatement (Quanex Corp), Employee Savings Plan (Quanex Corp), Employee Savings Plan (Quanex Corp)

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EXCESS DEFERRAL FAIL SAFE PROVISION. As soon as practical after the close of each Plan Year, the Committee shall determine if there would be any Excess Deferrals. If there would be an Excess Deferral by a Participant, the Excess Deferral as adjusted by any earnings or losses, will be distributed to the Participant no later than April 15 following the Participant's ’s taxable year in which the Excess Deferral was made. The income allocable to the Excess Deferrals for the taxable year of the Participant shall be determined by multiplying the income for the taxable year of the Participant allocable to Salary Deferral Contributions by a fraction. The numerator of the fraction is the amount of the Excess Deferrals made on behalf of the Participant for the taxable year. The denominator of the fraction is the Participant's ’s total Salary Deferral Account balance as of the beginning of the taxable year plus the Participant's ’s Salary Deferral Contributions for the taxable year.

Appears in 4 contracts

Samples: Employee Savings Plan (Quanex Corp), 401(k) Plan Amendment and Restatement (Quanex Corp), 401(k) Savings Plan (Quanex Corp)

EXCESS DEFERRAL FAIL SAFE PROVISION. As soon as practical after the close of each Plan Year, the Committee shall determine if there would be any Excess Deferrals. If there would be an Excess Deferral by a ParticipantMember, the Excess Deferral as adjusted by any earnings or losses, will be distributed from the Plan to the Participant Member no later than April 15 following the ParticipantMember's taxable year in which the Excess Deferral was made. The income allocable to the Excess Deferrals for the taxable year of the Participant Member shall be determined by multiplying the income for the taxable year of the Participant Member allocable to Salary Deferral Contributions by a fraction. The numerator of the fraction is the amount of the Excess Deferrals made on behalf of the Participant Member for the taxable year. The denominator of the fraction is the ParticipantMember's total Salary Deferral Account balance as of the beginning of the taxable year plus the ParticipantMember's Salary Deferral Contributions for the taxable year.

Appears in 3 contracts

Samples: 401(k) Savings Plan Amendment (Mens Wearhouse Inc), 401(k) Savings Plan Amendment and Restatement (Mens Wearhouse Inc), 401(k) Savings Plan (Mens Wearhouse Inc)

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EXCESS DEFERRAL FAIL SAFE PROVISION. As soon as practical after the close of each Plan Year, the Committee shall determine if there would be any Excess Deferrals. If there would be an Excess Deferral by a ParticipantMember, the Excess Deferral as adjusted by any earnings or losses, will be distributed to the Participant Member no later than April 15 following the ParticipantMember's taxable year in which the Excess Deferral was made. The income allocable to the Excess Deferrals for the taxable year of the Participant Member shall be determined by multiplying the income for the taxable year of the Participant Member allocable to Salary Deferral Contributions by a fraction. The numerator of the fraction is the amount of the Excess Deferrals made on behalf of the Participant Member for the taxable year. The denominator of the fraction is the ParticipantMember's total Salary Deferral Account balance as of the beginning of the taxable year plus the ParticipantMember's Salary Deferral Contributions for the taxable year.

Appears in 1 contract

Samples: 401(k) Savings Plan Amendment and Restatement (Mens Wearhouse Inc)

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