Common use of FORMULA FOR DETERMINING EMPLOYER'S CONTRIBUTION Clause in Contracts

FORMULA FOR DETERMINING EMPLOYER'S CONTRIBUTION. For each Plan Year, the Employer shall contribute to the Plan: (a) The amount of the total salary reduction elections of all Participants made pursuant to Section 4.2(a), which amount shall be deemed an Employer's Elective Contribution. (b) On behalf of each Participant who is eligible to share in matching contributions for the Plan Year, a discretionary matching contribution equal to a percentage of each such Participant's Deferred Compensation, the exact percentage to be determined each year by the Employer, which amount shall be deemed an Employer's Non-Elective Contribution. If a Participant's rate of contribution changes during a Plan Year, the Employer Matching Contribution percentage shall be applied to the percentage as in effect from time to time rather than to the cumulative net contribution of such Participant for the Plan Year. (c) A discretionary amount, which amount shall be deemed an Employer's Non-Elective Contribution. (d) Notwithstanding the foregoing, however, the Employer's contributions for any Plan Year shall not exceed the maximum amount allowable as a deduction to the Employer under the provisions of Code Section 404. All contributions by the Employer shall be made in cash or in such property as is acceptable to the Trustee. (e) Except, however, to the extent necessary to provide the top heavy minimum allocations, the Employer shall make a contribution even if it exceeds the amount which is deductible under Code Section 404.

Appears in 2 contracts

Samples: Retirement & Profit Sharing Plan (Aironet Wireless Communications Inc), Retirement & Profit Sharing Plan (Telxon Corp)

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FORMULA FOR DETERMINING EMPLOYER'S CONTRIBUTION. (a) For each Plan Year, the Employer shall will (or may with respect to any discretionary contributions) contribute to the Plan: (a1) The amount of the total salary reduction elections of all Participants made pursuant to Section 4.2(a11.2(a), which amount shall be deemed Elective Deferrals, plus (2) If elected in the Adoption Agreement, a matching contribution equal to the percentage, if any, specified in the Adoption Agreement of the Elective Deferrals of each Participant eligible to share in the allocations of the matching contribution, which amount shall be deemed an Employer's Elective Contribution.matching contribution or Qualified Matching Contribution as elected in the Adoption Agreement, plus (b3) On behalf of each Participant who is eligible to share If elected in matching contributions for the Plan YearAdoption Agreement, a Prevailing Wage Contribution or a discretionary matching contribution equal to a percentage of each such Participant's Deferred Compensation, the exact percentage to be amount determined each year by the Employer, which amount if any, shall be deemed an Employer's Non-Elective Contribution. If a Participant's rate of contribution changes during a Plan Year, the Employer Matching Contribution percentage shall be applied to the percentage as in effect from time to time rather than to the cumulative net contribution of such Participant for the Plan Year.plus (c4) A discretionary amountIf elected in the Adoption Agreement, which amount shall be deemed an Employer's a Qualified Non-Elective Contribution. (db) Notwithstanding the foregoing, howeverif the Employer is not a tax-exempt entity, then the Employer's contributions for any Plan Fiscal Year shall may generally not exceed the maximum amount allowable as a deduction to the Employer under the provisions of Code Section 404. However, to the extent necessary to provide the top heavy minimum allocations, the Employer shall make a contribution even if it exceeds current or accumulated Net Profit or the amount that is deductible under Code Section 404. All contributions by the Employer shall be made in cash or in such property as is acceptable to the Trustee. (e) Except, however, to the extent necessary to provide the top heavy minimum allocations, the Employer shall make a contribution even if it exceeds the amount which is deductible under Code Section 404.

Appears in 1 contract

Samples: Adoption Agreement (MSC Software Corp)

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FORMULA FOR DETERMINING EMPLOYER'S CONTRIBUTION. (a) For each Plan Year, the Employer shall will (or may with respect to any discretionary contributions) contribute to the Plan: (a1) The amount of the total salary reduction elections of all Participants made pursuant to Section 4.2(a12.2(a), which amount shall be deemed an Employer's Elective Contribution.Deferrals, plus (b2) On behalf If elected in the Adoption Agreement, a matching contribution and/or a qualified matching contribution equal to the percentage, if any, specified in the Adoption Agreement of the Elective Deferrals of each Participant who is eligible to share in the allocations of the matching contributions for contribution and/or qualified matching contributions, plus (3) If elected in the Plan YearAdoption Agreement, a fixed amount, a Prevailing Wage Contribution or a discretionary matching contribution equal to a percentage of each such Participant's Deferred Compensation, the exact percentage to be amount determined each year by the Employer, which amount if any, shall be deemed an Employer's Non-Elective Contribution. If a Participant's rate of contribution changes during a Plan Year, the Employer Matching Contribution percentage shall be applied to the percentage as in effect from time to time rather than to the cumulative net contribution of such Participant for the Plan Year.plus (c4) A If elected in the Adoption Agreement, a discretionary amount, which amount shall be deemed an Employer's Qualified Non-Elective Contribution. (db) Notwithstanding the foregoing, howeverif the Employer is not a tax-exempt entity, then the Employer's contributions for any Plan Fiscal Year shall may generally not exceed the maximum amount allowable as a deduction to the Employer under the provisions of Code Section 404. However, to the extent necessary to provide the top heavy minimum allocations, the Employer shall make a contribution even if it exceeds current or accumulated Net Profit or the amount which is deductible under Code Section 404. All contributions by the Employer shall be made in cash or in such property as is acceptable to the Trustee. (e) Except, however, to the extent necessary to provide the top heavy minimum allocations, the Employer shall make a contribution even if it exceeds the amount which is deductible under Code Section 404.

Appears in 1 contract

Samples: Adoption Agreement (Baldwin Technology Co Inc)

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