Common use of Failsafe Allocations Clause in Contracts

Failsafe Allocations. ¨ For any Plan Year in which the Plan fails to satisfy the average benefit percentage test of Code §410(b)(2) or the average benefits test of Regulation §1.401(a)(4), in accordance with Section 3.15 of the Basic Plan to the extent necessary to insure that the Plan satisfies one of the tests set forth in Code §410(b)(1)(A) (in which the Plan initially fails to benefit at least 70% of Non-Highly Compensated Employees) or Code §410(b)(1)(B) (in which the Plan initially fails to benefit a percentage of Non-Highly Compensated Employees that is at least 70% of the percentage of Highly Compensated Employees who benefit under the Plan), an additional Employer contribution may be made and allocated for certain Participants who are not Benefiting Participants for that Plan Year pursuant to the rankings below. (a) Participants eligible for the failsafe allocation will first be ranked by their (check one) ¨ Hours of Service (or months of Service if Elapsed Time) beginning with the < ¨ highest > < ¨ lowest > number ¨ Compensation beginning with the < ¨ highest > < ¨ lowest > amount (b) ¨ Before an allocation is made, the Participants in (a) will be further ranked (check one) ¨ Beginning with those who are employed on the last day of Plan Year ¨ Beginning with those who are credited with at least 1,000 hours of service (6 months of service if elapsed time)

Failsafe Allocations. ¨ For any Plan Year in which the Plan fails to satisfy the average benefit percentage test of Code §410(b)(2) or the average benefits test of Regulation §1.401(a)(4), in accordance with Section 3.15 of the Basic Plan to the extent necessary to insure that the Plan satisfies one of the tests set forth in Code §410(b)(1)(A) (in which the Plan initially fails to benefit at least 70% of Non-Highly Compensated Employees) or Code §410(b)(1)(B) (in which the Plan initially fails to benefit a percentage of Non-Highly Compensated Employees that is at least 70% of the percentage of Highly Compensated Employees who benefit under the Plan), an additional Employer contribution may be made and allocated for certain Participants who are not Benefiting Participants for that Plan Year pursuant to the rankings below. (a) Participants eligible for the failsafe allocation will first be ranked by their their: (check one) ¨ Hours of Service (or months of Service if Elapsed Time) beginning with the < ¨ highest > < ¨ lowest > number ¨ Compensation beginning with the < ¨ highest > < ¨ lowest > amount (b) ¨ Before an allocation is made, the Participants in (a) will be further ranked ranked: (check one) ¨ Beginning with those who are employed on the last day of Plan Year ¨ Beginning with those who are credited with at least 1,000 hours of service (6 months of service if elapsed time)

Failsafe Allocations. ¨ o For any Plan Year in which the Plan fails to satisfy the average benefit percentage test of Code §410(b)(2) or the average benefits test of Regulation §1.401(a)(4), in accordance with Section 3.15 of the Basic Plan to the extent necessary to insure that the Plan satisfies one of the tests set forth in Code §410(b)(1)(A) (in which the Plan initially fails to benefit at least 70% of Non-Highly Compensated Employees) or Code §410(b)(1)(B) (in which the Plan initially fails to benefit a percentage of Non-Highly Compensated Employees that is at least 70% of the percentage of Highly Compensated Employees who benefit under the Plan), an additional Employer contribution may be made and allocated for certain Participants who are not Benefiting Participants for that Plan Year pursuant to the rankings below. (a) Participants eligible for the failsafe allocation will first be ranked by their (check one) ¨ o Hours of Service (or months of Service if Elapsed Time) beginning with the < ¨ o highest > < ¨ o lowest > number ¨ o Compensation beginning with the < ¨ o highest > < ¨ o lowest > amount (b) ¨ o Before an allocation is made, the Participants in (a) will be further ranked (check one) ¨ o Beginning with those who are employed on the last day of Plan Year ¨ o Beginning with those who are credited with at least 1,000 hours of service (6 months of service if elapsed time)