Common use of Protected Benefits Clause in Contracts

Protected Benefits. An amendment (including the adoption of this Plan as a transferor of assets from the Former Plan) may not decrease a Participant's Accrued Benefit, except to the extent permitted under Code ss.412(c)(8), and may not reduce or eliminate Code ss.411(d)(6) protected benefits determined immediately prior to the adoption date (or, if later, the effective date) of the amendment. An amendment reduces or eliminates Code ss.411(d)(6) protected benefits if the amendment has the effect of either (1) eliminating or reducing an early retirement benefit or a retirement-type subsidy (as defined in Treasury regulations), or (2) except as provided by Treasury regulations, eliminating an optional form of benefit. The Advisory Committee must disregard an amendment to the extent application of the amendment would fail to satisfy this paragraph. If the Advisory Committee must disregard an amendment because the amendment would violate clause (1) or clause (2), the Advisory Committee must maintain a schedule of the early retirement option or other optional forms of benefit the Plan must continue for the affected Participants. All amendments must be made in writing. Each amendment must state the date to which it is either retroactively or prospectively effective.

Appears in 2 contracts

Samples: The Employee Stock Ownership Plan and Trust Agreement (DST Systems Inc), The Employee Stock Ownership Plan and Trust Agreement (DST Systems Inc)

AutoNDA by SimpleDocs

Protected Benefits. An amendment (including the adoption of this Plan as a transferor restatement of assets from the Former Planan existing plan) may not decrease a Participant's Accrued Benefit, except to the extent permitted under Code code ss.412(c)(8), and may not reduce or eliminate Code ss.411(d)(6) protected benefits determined immediately prior to the adoption date (or, if later, the effective date) of the amendment. An amendment reduces or eliminates Code ss.411(d)(6) protected benefits if the amendment has the effect of either (1) eliminating or reducing an early retirement benefit or a retirement-type subsidy (as defined in Treasury regulations), or (2) except as provided by Treasury regulations, eliminating an optional form of benefit. The Advisory Committee must disregard an amendment to the extent application of the amendment would fail to satisfy this paragraph. If the Advisory Committee must disregard an amendment because the amendment would violate clause (1) or clause (2), the Advisory Committee must maintain a schedule of the early retirement option or other optional forms of benefit the Plan must continue for the affected Participants. All The Employer must make all amendments must be made in writing. Each amendment must state the date to which it is either retroactively or prospectively effective. See Section 12.08 for the effect of certain amendments adopted by the Employer.

Appears in 1 contract

Samples: Adoption Agreement (Reptron Electronics Inc)

Protected Benefits. An amendment (including the adoption of this Plan as a transferor restatement of assets from the Former Planan existing plan) may not decrease a Participant's Accrued Benefit, except to the extent permitted under US Code ss.412(c)(8), and may not reduce or eliminate US Code ss.411(d)(6) protected benefits determined immediately prior to the adoption date (or, if later, the effective date) of the amendment. An amendment reduces or eliminates US Code ss.411(d)(6) protected benefits if the amendment has the effect of either (1) eliminating or reducing an early retirement benefit or a retirement-type subsidy (as defined in Treasury regulations), or (2) except as provided by Treasury regulations, eliminating an optional form of benefit. The Advisory Committee must disregard an amendment to the extent application of the amendment would fail to satisfy this paragraph. If the Advisory Committee must disregard an amendment because the amendment would violate clause (1) or clause (2), the Advisory Committee must maintain a schedule of the early retirement option or other optional forms of benefit the Plan must continue for the affected Participants. All amendments must be made in writing. Each amendment must state the date to which it is either retroactively or prospectively effective.

Appears in 1 contract

Samples: Adoption Agreement (Checkfree Corp \Ga\)

Protected Benefits. An amendment (including the adoption of this Plan as a transferor restatement of assets from the Former Planan existing plan) may not decrease a Participant's Accrued Benefit, except to the extent permitted under Code ss.412(c)(8), and may not reduce or eliminate Code ss.411(d)(6) protected benefits determined immediately prior to the adoption date (or, if later, the effective date) of the amendment. An amendment reduces or eliminates Code ss.411(d)(6) protected benefits if the amendment has the effect of either (1) eliminating or reducing an early retirement benefit or a retirement-type subsidy (as defined in Treasury regulations), or (2) except as provided by Treasury regulations, eliminating an optional form of benefit. The Advisory Committee must disregard an amendment to the extent application of the amendment would fail to satisfy this paragraph. If the Advisory Committee must disregard an amendment because the amendment would violate clause (1) or clause (2), the Advisory Committee must maintain a schedule of the early retirement option or other optional forms of benefit the Plan must continue for the affected Participantsparticipants. All amendments must be made in writing. Each amendment must state the date to which it is either retroactively or prospectively effective.

Appears in 1 contract

Samples: Plan and Trust Agreement (DST Systems Inc)

AutoNDA by SimpleDocs

Protected Benefits. An amendment (including the adoption of this Plan as a transferor of assets from the Former Plan) may not decrease a Participant's Accrued Benefit, except to the extent permitted under Code ss.412(c)(8Section 412(c)(8), and may not reduce or eliminate Code ss.411(d)(6Section 411(d)(6) protected benefits determined immediately prior to the adoption date (or, if later, the effective date) of the amendment. An amendment reduces or eliminates Code ss.411(d)(6Section 411(d)(6) protected benefits if the amendment has the effect of either (1) eliminating or reducing an early retirement benefit or a retirement-type subsidy (as defined in Treasury regulations), or (2) except as provided by Treasury regulations, eliminating an optional form of benefit. The Advisory Committee must disregard an amendment to the extent application of the amendment would fail to satisfy this paragraph. If the Advisory Committee must disregard an amendment because the amendment would violate clause (1) or clause (2), the Advisory Committee must maintain a schedule of the - 57 - 58 early retirement option or other optional forms of benefit the Plan must continue for the affected Participants. All The Employer must make all amendments must be made in writing. Each amendment must state the date to which it is either retroactively or prospectively effective.

Appears in 1 contract

Samples: Liberty Bancshares Inc /Mo

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!