Common use of LOST DISTRIBUTEE Clause in Contracts

LOST DISTRIBUTEE. In the event that the Plan Administrator is unable with reasonable effort to locate a person entitled to distribution under the Plan, the Accounts distributable to such a person shall become a Forfeiture at the end of the third Plan Year after the Plan Administrator's efforts to locate such person began; provided, however, that the amount of the Forfeiture shall be restored in the event that such person thereafter submits a claim for benefits under the Plan. Such restoration will be made, first, from the amount of Forfeitures available for reallocation as of the last day of the Plan Year in which the claim is made, to the extent thereof; and to the extent that Forfeitures are not available or are insufficient to restore the balance, from contributions made by the Employer pursuant to Section 4.1(e). A Forfeiture occurring under this Section 9.5 shall be reallocated as though it were an Employer contribution.

Appears in 3 contracts

Samples: 401(k) and Profit Sharing Plan Agreement (Conley Canitano & Associates Inc), 401(k) and Profit Sharing Plan Agreement (American Science & Engineering Inc), 401(k) and Profit Sharing Plan Agreement (Ico Inc)

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LOST DISTRIBUTEE. In the event that the Plan Administrator is unable with reasonable effort to locate a person entitled to distribution under the Plan, the Accounts distributable to such a person shall become a Forfeiture at the end of the third Plan Year after the Plan Administrator's efforts to locate such person began; provided, however, that the amount of the Forfeiture shall be restored in the event that such person thereafter submits a claim for benefits under the Plan. Such restoration will be made, first, from the amount of Forfeitures available for reallocation as of the last day of the Plan Year in which the claim is made, to the extent thereof; and to the extent that Forfeitures are not available or are insufficient to restore the balance, from contributions made by the Employer pursuant to Section 4.1(e4.1 (e). A Forfeiture occurring under this Section 9.5 shall be reallocated as though it were an Employer contribution.

Appears in 1 contract

Samples: 401(k) and Profit Sharing Plan Agreement (Earthlink Inc)

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