More than One Plan. (a) Two or more defined contribution plans. This subsection (a) applies if, in addition to this Plan, a Participant is covered under another qualified defined contribution plan (whether or not terminated) maintained by the Employer for the current and all prior Limitation Years. For this purpose, another qualified defined contribution plan shall include the Annual Additions attributable to a Participant's Nondeductible Employee Contributions to all defined benefit plans (whether or not terminated) maintained by the Employer, and the Annual Additions attributable to all welfare benefit funds (as defined in Code section 419(e)) maintained by the Employer, and an individual medical account (as defined in Code section 415(l)(2)) maintained by the Employer, which provides an Annual Addition during any Limitation Year. The maximum aggregate amount in any Limitation Year is the lesser of 125 percent of the dollar limitation determined under Code sections 415(b) and (d) in effect under Code section 415(c)(1)(A) or 35 percent of the Participant's 415(c) Compensation for such Year.
(1) If a Participant participates in more than one defined contribution plan maintained by the Employer which have different Anniversary Dates, the Maximum Permissible Amount under this Plan shall equal the maximum Annual Additions for the Limitation Year minus any Annual Additions previously credited to such Participant's Accounts during the Limitation Year.
(2) If a Participant participates in both a defined contribution plan subject to Code section 412 and a defined contribution plan not subject to Code section 412 maintained by the Employer which have the same Anniversary Date, Annual Additions shall be credited to the Participant's Accounts under the defined contribution plan subject to Code section 412 prior to crediting Annual Additions to the Participant's Accounts under the defined contribution plan not subject to Code section 412.
(3) If a Participant participates in more than one defined contribution plan not subject to Code section 412 maintained by the Employer which have the same Anniversary Date, the maximum Annual Additions under this Plan shall equal the product of:
(A) the maximum Annual Additions for the Limitation Year minus any Annual Additions previously credited under (1) or (2) above, multiplied by
(B) a fraction, the numerator of which is the Annual Additions which would be credited to such Participant's Accounts under this Plan without regard to the limitations o...
More than One Plan. If a Participant participates in another plan subject to the Code §402(g) limitation under which he/she makes elective deferrals pursuant to a 401(k) Plan, elective deferrals under a SARSEP, elective contributions under a SIMPLE IRA or salary reduction contributions to a tax-sheltered annuity (irrespective of whether the Employer maintains the other plan), the Participant may provide to the Plan Administrator a written claim for Excess Deferrals made to the Plan for a Taxable Year. The Participant must submit the claim no later than the March 1 following the close of the particular Taxable Year and the claim must specify the amount of the Participant's Elective Deferrals under this Plan which are Excess Deferrals. The Plan Administrator may require the Participant to provide reasonable evidence of the existence of and the amount of the Participant's Excess Deferrals. If the Plan Administrator receives a timely claim which it approves, the Plan Administrator will distribute the Excess Deferrals (as adjusted for Allocable Income under Section 4.11(C)(1)) the Participant has assigned to this Plan, in accordance with this Section 4.10(A). If a Participant has Excess Deferrals because of making Elective Deferrals to this Plan and other plans of the Employer (but where the Elective Deferral Limit is not exceeded based on Deferrals to any single plan), the Participant for purposes of this Section 4.10(A)(9) is deemed to have notified the Plan Administrator of this Plan of the Excess Deferrals.
More than One Plan. If an Employee participates in another plan subject to the 402(g) limitation under which he/she makes elective deferrals pursuant to a 401(k) arrangement, elective deferrals under a SARSEP, elective contributions under a SIMPLE XXX or salary reduction contributions to a tax-sheltered annuity (irrespective of whether the Employer maintains the other plan), the Employee may provide to the Plan Administrator a written claim for excess deferrals made to the Plan for a calendar year. The Employee must submit the claim no later than the March 1 following the close of the particular calendar year and the claim must specify the amount of the Employee's elective deferrals under this Plan which are excess deferrals. If the Plan Administrator receives a timely claim, it will distribute the excess deferral (as adjusted for allocable income) the Employee has assigned to this Plan, in accordance with the distribution procedure described in Section 14.07(A).
More than One Plan. (a) Two or more defined contribution plans
(b) Defined benefit plans
(c) Defined benefit plan fraction
(d) Defined contribution plan fraction
(e) Top-heavy rule
(f) Limiting Annual Additions
More than One Plan. (a) Two or more defined contribution plans (b) Defined benefit plans
More than One Plan. If the Plan Administrator allocated an Excess Amount to a Participant's Account on an allocation date of this Plan which coincides with an allocation date of another defined contribution plan maintained by the Company, the Excess Amount attributed to this Plan will be the product of:
(1) The total Excess Amount allocated as of such date (including any amount which the Plan Administrator would have allocated but for the limitations of Code(S)415) times;
(2) The ratio of a) the amount allocated to the Participant as of such date under this Plan divided by b) the total amount allocated as of such date under all qualified defined contribution plans (determined without regard to the limitations of Code(S)415).
