Common use of Limited Return of Contributions Clause in Contracts

Limited Return of Contributions. Except as provided in this paragraph, (1) Plan assets shall not revert to the Employer nor be diverted for any purpose other than the exclusive benefit of Participants or their Beneficiaries; and (2) a Participant's vested interest shall not be subject to divestment. As provided in ERISA section 403(c)(2), the actual amount of a Contribution made by the Employer (or the current value of the Contribution if a net loss has occurred) may revert to the Employer if: (a) such Contribution is made by reason of a mistake of fact; (b) initial qualification of the Plan under Code section 401(a) is not received and a request for such qualification is made within the time prescribed under Code section 401(b) (the existence of and Contributions under the Plan are hereby conditioned upon such qualification); or (c) such Contribution is not deductible under Code section 404 (such Contributions are hereby conditioned upon such deductibility) in the taxable year of the Employer for which the Contribution is made. The reversion to the Employer must be made (if at all) within one year of the mistaken payment of the Contribution, the date of denial of qualification, or the date of disallowance of deduction, as the case may be. A Participant shall have no rights under the Plan with respect to any such reversion.

Limited Return of Contributions. Except as provided in this paragraphSection 18.3, (1i) Plan assets shall not revert to the Employer nor be diverted for any purpose other than the exclusive benefit of Participants or their Beneficiariesand Beneficiaries and defraying reasonable expenses of administering the Plan; and (2ii) a Participant's vested interest shall not be subject to divestment. As provided in ERISA section 403(c)(2), the actual amount of a Contribution or portion thereof made by the Employer (or the current value of the Contribution such if a net loss has occurred) may revert to the Employer if: (a) such Contribution or portion thereof is made by reason of a mistake of fact; (b) a determination with respect to the initial qualification of the Plan under Code section 401(a) is not received and a request for such qualification determination is made within the time prescribed under Code section 401(b) (the existence of and Contributions under the Plan are hereby conditioned upon such initial qualification); or (c) such Contribution or portion thereof is not deductible under Code section 404 (such Contributions are hereby conditioned upon such deductibility) in the taxable year of the Employer for which the Contribution is made. The reversion to the Employer must be made (if at all) within one year of the mistaken payment of the Contributionpayment, the date of denial of qualification, or the date of disallowance of deduction, as the case may be. A Participant shall have no rights under the Plan with respect to any such reversion.

Limited Return of Contributions. Except as provided in this paragraph, (1) Plan assets shall not revert to the an Employer nor be diverted for any purpose other than the exclusive benefit of Participants or their Beneficiaries; and (2) a Participant's ’s vested interest shall not be subject to divestment. As provided in ERISA section Section 403(c)(2), the actual amount of a Contribution made by the an Employer (or the current value of the Contribution if a net loss has occurred) may revert to the Employer if: (a) such Such Contribution is was made by reason of a mistake of fact;; or (b) initial qualification of the Plan under Code section 401(a) is not received and a request for such qualification is made within the time prescribed under Code section 401(b) (the existence of and Contributions under the Plan are hereby conditioned upon such qualification); or (c) such Such Contribution is not deductible under Code section Section 404 (such Contributions are hereby conditioned upon such deductibility) in the taxable year of the Employer for which the Contribution is was made. The reversion to the Employer must be made (if at all) within one year of the mistaken payment of the Contribution, the date of denial of qualification, Contribution or the date of disallowance of deduction, as the case may be. A Participant shall have no rights under the Plan with respect to any such reversion. If the only amount remaining in a Participant’s Account(s) after the return of a Contribution that was made due to a mistake of fact is the investment earnings on the mistaken Contribution, then the Participant’s Account(s) shall be forfeited, transferred to the Plan’s Forfeitures Account and utilized as set forth in Section 8.4. This provision shall only apply to the forfeiture of Account(s) due to a mistake of fact Contribution that is returned on or after September 1, 2004.