Common use of Return of Employer Contribution Clause in Contracts

Return of Employer Contribution. The Employer contributes to the Plan on the condition its contribution is not due to a mistake of fact and the Internal Revenue Service will not disallow the deduction of the Employer’s contribution. The Trustee, upon written request from the Employer, must return to the Employer the amount of the Employer’s contribution made by the Employer by mistake of fact or the amount of the Employer’s contribution disallowed as a deduction under Code §404. The Trustee will not return any portion of the Employer’s contribution under the provisions of this Section 3.01(D) more than one year after:

Appears in 2 contracts

Samples: Defined Contribution Prototype Plan and Trust Agreement (MSC Software Corp), Trimeris Inc

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Return of Employer Contribution. The Employer contributes to the Plan on the condition its contribution is not due to a mistake of fact and the Internal Revenue Service will not disallow the deduction of the Employer’s 's contribution. The Trustee, upon written request from the Employer, must return to the Employer the amount of the Employer’s 's contribution made by the Employer by mistake of fact or the amount of the Employer’s 's contribution disallowed as a deduction under Code §404ss.404. The Trustee will not return any portion of the Employer’s 's contribution under the provisions of this Section 3.01(D) more than one year after:

Appears in 2 contracts

Samples: Bank of Granite Corp, CRH Public LTD Co

Return of Employer Contribution. The Employer contributes to the Plan on the condition its contribution is not due to a mistake of fact and the Internal Revenue Service will not disallow the deduction of the Employer’s 's contribution. The Trustee, upon written request from the Employer, must return to the Employer the amount of the Employer’s 's contribution made by the Employer by mistake of fact or the amount of the Employer’s 's contribution disallowed as a deduction under Code §404. The Trustee will not return any portion of the Employer’s 's contribution under the provisions of this Section 3.01(D) more than one year after:

Appears in 1 contract

Samples: Participation Agreement (Petco Animal Supplies Inc)

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Return of Employer Contribution. The Employer contributes to the Plan on the condition its contribution is not due to a mistake of fact and the Internal Revenue Service will not disallow the deduction of the Employer’s 's contribution. The Trustee, upon written request from the Employer, must return to the Employer the amount of the Employer’s 's contribution made by the Employer by mistake of fact or the amount of the Employer’s 's contribution disallowed as a deduction under Code §404(ss)404. The Trustee will not return any portion of the Employer’s 's contribution under the provisions of this Section 3.01(D) more than one year after:

Appears in 1 contract

Samples: Adoption Agreement (Gold Banc Corp Inc)

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