RESTORATION OF FORFEITED ACCOUNT BALANCE. If a Participant who does not have a 100% Vested Interest in his or Participant's Account terminates employment with the Employer and receives (or is deemed to have received) a distribution of such Vested Interest from the Plan, and such Participant is subsequently rehired by the Employer, his or her Participant's Account upon such reemployment will be administered in accordance with the following provisions:
RESTORATION OF FORFEITED ACCOUNT BALANCE. In the event that the nonvested portion of a terminated Member's Employer Contribution Account becomes a forfeiture pursuant to Section 8.6, the terminated Member shall, upon subsequent reemployment with the Employer prior to incurring a Period of Severance of five consecutive years, have the forfeited amount restored to such Member's Employer Contribution Account, unadjusted by any subsequent gains or losses of the Trust Fund; provided, however, that such restoration shall be made only if such Member repays in cash an amount equal to the amount so distributed to him pursuant to Section 8.6 within five years from the date the Member is reemployed. A reemployed Member who was not entitled to a distribution from the Plan on his date of termination of employment shall be considered to have repaid a distribution of zero dollars on the date of his reemployment. Any such restoration shall be made as soon as administratively feasible following the date of repayment. Notwithstanding anything to the contrary in the Plan, forfeited amounts to be restored by the Employer pursuant to this Section shall be charged against and deducted from forfeitures for the Plan Year in which such amounts are restored that would otherwise be available to reduce Employer Matching Contributions. If such forfeitures otherwise available are not sufficient to provide such restoration, the portion of such restoration not provided by forfeitures shall be charged against and deducted from Employer Discretionary Contributions otherwise available for allocation to other Members in accordance with Section 4.2(d), and any additional amount needed to restore such forfeited amounts shall be a minimum required Employer Discretionary Contribution.
RESTORATION OF FORFEITED ACCOUNT BALANCE. (a) A partially-vested Participant who is re-employed by the Employer after receiving a distribution of the entire amount of the Nonforfeitable percentage of his Account Balance may repay to the Trustee the amount of the distribution attributable to Employer contributions, unless the Participant no longer has a right to restoration by reason of the conditions of this Section 5.08. If a partially-vested Participant makes the distribution repayment, the Plan Administrator, subject to the conditions of this Section 5.08, must restore his Account Balance attributable to Employer contributions to the same dollar amount as the dollar amount of his Account Balance on the Adjustment Date, or other Valuation Date, immediately preceding the date of the cash-out distribution, unadjusted for any gains or losses occurring subsequent to that Adjustment Date, or other Valuation Date. Restoration of the Participant's Account Balance includes restoration of all Code section 411(d)(6) protected benefits with respect to that restored Account Balance, in accordance with the applicable Treasury regulations. The Plan Administrator will not restore a re-employed Participant's Account Balance under this Section 5.08 if:
