Leave Cashouts and Deferred Compensation. Leave cashouts shall be included in 415 Compensation, unless otherwise elected in Section 2.2 of this Amendment, if those amounts would have been included in the definition of 415 Compensation if they were paid prior to the participant's severance from employment, and the amounts are payment for unused accrued bona fide sick, vacation, or other leave, but only if the participant would have been able to use the leave if employment had continued. In addition, deferred compensation shall be included in 415 Compensation, unless otherwise elected in Section 2.2 of this Amendment, if the compensation would have been included in the definition of 415 Compensation if it had been paid prior to the participant's severance from employment, and the compensation is received pursuant to a nonqualified unfunded deferred compensation plan, but only if the payment would have been paid at the same time if the participant had continued in employment with the Employer and only to the extent that the payment is includible in the participant's gross income.
Appears in 2 contracts
Samples: 401(k) Plan Adoption Agreement (Caterpillar Inc), Adoption Agreement (American Physicians Service Group Inc)
Leave Cashouts and Deferred Compensation. Leave cashouts shall be included in 415 Compensation, unless otherwise elected in Section 2.2 of this Amendment, Compensation if those amounts would have been included in the definition of 415 Compensation if they were paid prior to the participantParticipant's severance from employment, and the amounts are payment for unused accrued bona fide sick, vacation, or other leave, but only if the participant Participant would have been able to use the leave if employment had continued. In addition, deferred compensation shall be included in 415 Compensation, unless otherwise elected in Section 2.2 of this Amendment, Compensation if the compensation would have been included in the definition of 415 Compensation if it had been paid prior to the participantParticipant's severance from employment, and the compensation is received pursuant to a nonqualified unfunded deferred compensation plan, but only if the payment would have been paid at the same time if the participant Participant had continued in employment with the Employer and only to the extent that the payment is includible in the participantParticipant's gross income.
Appears in 1 contract
Samples: Pension Plan and Trust Agreement
Leave Cashouts and Deferred Compensation. Leave cashouts shall be included in 415 Compensation, unless otherwise elected in Section 2.2 of this Amendment, if those amounts would have been included in the definition of 415 Compensation if they were paid prior to the participant's ’s severance from employment, and the amounts are payment for unused accrued bona fide sick, vacation, or other leave, but only if the participant would have been able to use the leave if employment had continued. In addition, deferred compensation shall be included in 415 Compensation, unless otherwise elected in Section 2.2 of this Amendment, if the compensation would have been included in the definition of 415 Compensation if it had been paid prior to the participant's ’s severance from employment, and the compensation is received pursuant to a nonqualified unfunded deferred compensation plan, but only if the payment would have been paid at the same time if the participant had continued in employment with the Employer and only to the extent that the payment is includible in the participant's ’s gross income.
Appears in 1 contract
Samples: 401(k) Profit Sharing Plan Adoption Agreement (Simpson Manufacturing Co Inc /Ca/)
Leave Cashouts and Deferred Compensation. Leave cashouts shall be included in Section 415 Compensation, unless otherwise elected in Section 2.2 of this Amendment, Compensation if those amounts would have been included in the definition of Section 415 Compensation if they were paid prior to the participant's Participant’s severance from employment, and the amounts are payment for unused accrued bona fide sick, vacation, or other leave, but only if the participant Participant would have been able to use the leave if employment had continued. In addition, deferred compensation shall be included in Section 415 Compensation, unless otherwise elected in Section 2.2 of this Amendment, Compensation if the compensation would have been included in the definition of Section 415 Compensation if it had been paid prior to the participant's Participant’s severance from employment, and the compensation is received pursuant to a nonqualified unfunded deferred compensation plan, but only if the payment would have been paid at the same time if the participant Participant had continued in employment with the Employer and only to the extent that the payment is includible in the participant's Participant’s gross income.
Appears in 1 contract
Samples: 401(k) Savings and Retirement Plan (Castle a M & Co)
Leave Cashouts and Deferred Compensation. Leave cashouts shall be included in 415 Compensation, unless otherwise elected in Section 2.2 of this Amendment, if those amounts would have been included in the definition of 415 Compensation if they were paid prior to the participant's ’s severance from employment, and the amounts are payment for unused accrued bona fide sick, vacation, or other leave, but only if the participant would have been able to use the leave if employment had continued. In addition, deferred compensation shall be included in 415 Compensation, unless otherwise elected in Section 2.2 of this Amendment, if the compensation would have been included in the definition of 415 Compensation if it had been paid prior to the participant's ’s severance from employment, and the compensation is received pursuant to a nonqualified unfunded deferred compensation plan, but only if the payment would have been paid at the same time if the participant had continued in employment with the Employer and only to the extent that the payment is includible in the participant's ’s gross income.,
Appears in 1 contract
Samples: 401(k) Plan Adoption Agreement (Firstmerit Corp /Oh/)