Rollover Contributions. A Participant while an Employee may contribute to the Plan money that qualifies for such a rollover under the provisions of sections 402(c)(5) or 403(a)(4) or (5) of the Code or that qualifies as a rollover contribution under section 408(d)(3) of the Code; provided however, no amounts constituting accumulated deductible employee contributions, as defined in section 72(o)(5) of the Code, may be so contributed. Effective May 1, 2004, the Plan will accept rollovers in any amount. Any rollover contribution shall be credited to such Participant’s Rollover Account as of the Accounting Date coinciding with or next following the Trustee’s receipt thereof. The Plan will accept Participant rollover contributions and/or direct rollovers of distributions made after June 30, 2002, from (a) a qualified plan described in sections 401(a) or 403(a) of the Code, excluding after-tax employee contributions; (b) an annuity contract described in section 403(b) of the Code, excluding after-tax employee contributions; and (c) an eligible plan under section 457(b) of the Code which is maintained by a state, political subdivision of a state, or any agency or instrumentality of a state or political subdivision of a state. The Plan will not accept a Participant rollover contribution of the portion of a distribution from an individual retirement account or annuity described in sections 408(a) or 408(b) of the Code that is eligible to be rolled over and would otherwise be includible in gross income (including an after-tax contribution). If any amount received as a rollover contribution is determined not to qualify for a rollover, then such amount (adjusted for any gain or loss) shall be returned to the Participant as soon as practical.
Appears in 5 contracts
Samples: Lsi Industries Inc, Lsi Industries Inc, Lsi Industries Inc
Rollover Contributions. A Participant while (1) The Trustee shall, at the direction of the Company, receive and thereafter hold and administer as Rollover Contributions and part of the Trust Fund (a) for a Covered Employee, all or any portion of an Employee may contribute Eligible Rollover Distribution that was distributed to the Plan money that qualifies for such a rollover under Covered Employee, or is transferred at the provisions of sections 402(c)(5) or 403(a)(4) or (5) request of the Code or that qualifies as Covered Employee, from a rollover contribution under section 408(d)(3) of the Code; provided however, no amounts constituting accumulated deductible employee contributions, as defined qualified trust described in section 72(o)(5401(a) of the Code, may be so contributed. Effective May 1, 2004, the Plan will accept rollovers in any amount. Any rollover contribution shall be credited to such Participant’s Rollover Account as of the Accounting Date coinciding with or next following the Trustee’s receipt thereof. The Plan will accept Participant rollover contributions and/or direct rollovers of distributions made after June 30, 2002, from (a) a qualified an annuity plan described in sections 401(a) or section 403(a) of the Code, excluding after-tax employee contributions; (b) an annuity contract described in section 403(b) of the Code, excluding after-tax employee contributions; and (c) or an eligible plan under described in section 457(b) of the Code which is maintained by a state, political subdivision of a state, state or any an agency or instrumentality of a state or a political subdivision of a state. The Plan will not accept a Participant rollover contribution , provided that the requirements of section 402(c) or 401(a)(31) of the portion Code are met; (b) for a Covered Employee, the entire amount of a distribution to the Covered Employee from an individual retirement account described in section 408(a) of the Code or an individual retirement annuity described in sections 408(a) or section 408(b) of the Code, provided that the requirements of section 408(d)(3)(A)(ii) of the Code are met, or (c) for a former Employee who has an Account balance under the Plan at the time the rollover is made, all or any portion of an Eligible Rollover Distribution that was distributed to the former Employee or is transferred at the request of the former Employee from a qualified trust (described in section 401(a) of the Code) established or maintained by the Company or X.X. Xxxxxx Co., Inc. to hold the assets of its defined benefit pension plan, provided that the requirements of section 402(c) or 401(a)(31) of the Code are met. The Trustee may accept cash or cash equivalents that constitute all or a portion of any such distribution. Notwithstanding the preceding provisions of this Section, a Rollover Contribution shall not include any amounts distributed from a designated Xxxx account (as defined in section 402A of the Code) or from a Xxxx XXX (as defined in section 408A of the Code). Further notwithstanding any other provision of the Plan to the contrary, solely with respect to a Covered Employee who was an Employee of Xxxxx Automation Systems, Inc. on December 31, 2014, the Trustee shall, at the direction of the Company, receive and thereafter hold and administer as a Rollover Contribution and part of the Trust Fund the portion of an “eligible rollover distribution” (within the meaning of section 402(c) of the Code) that is eligible transferred (in the form of a direct rollover) at the request of the Covered Employee from the Xxxxx Automation Systems, Inc. 401(k) Plan and is a note representing an outstanding plan loan of such Covered Employee under such plan, provided that no portion of such plan loan was attributable to be rolled over and would otherwise be includible a loan from amounts held in gross income a designated Xxxx account (including an after-tax contribution). If any amount received as a rollover contribution is determined not to qualify for a rollover, then defined in section 402A of the Code) under such amount (adjusted for any gain or loss) shall be returned to the Participant as soon as practicalplan.
Appears in 2 contracts
Samples: Lincoln Electric Holdings Inc, Lincoln Electric Holdings Inc
Rollover Contributions. A Participant while an Any Employee who is entitled to make a rollover contribution may contribute elect to make such a rollover contribution to the Plan money that qualifies for by delivering, or causing to be delivered, to the Trustee the assets in cash which constitute such a rollover under contribution at such time or times and in such manner as shall be specified by the Committee, together with his election as to the investment of such amounts made in accordance with the provisions of sections 402(c)(5) Section 5.2, in the event he does not have such an election in effect. Upon receipt by the Trustee, such assets shall be deposited in the Nordson Stock Fund or 403(a)(4) or (5) the other Investment Funds in accordance with the Employee’s investment election under Section 5.2, and a Rollover Sub-Account with respect to any Fund in which such assets are deposited shall be established in the name of such Employee and credited with such assets as of such date. Thereafter, any Rollover Sub-Accounts so established shall be adjusted in accordance with the Code or that qualifies as a provisions of Article VII. A rollover contribution under section 408(d)(3) by an Employee pursuant to this Section 6.3 shall not be deemed to be a contribution of the Code; provided such Employee for any purpose of this Agreement. The Rollover Sub-Accounts of an Employee shall, however, no amounts constituting accumulated deductible employee contributionscomprise a portion of his Separate Accounts for purposes of Article VIII and comprise a portion of his interest under the Plan. For purposes of this Section 6.3, as defined in section 72(o)(5) of the Code, may be so contributed. Effective May 1, 2004, the Plan will accept rollovers in any amount. Any a “rollover contribution shall be credited to such Participant’s Rollover Account as of the Accounting Date coinciding with or next following the Trustee’s receipt thereof. The Plan will accept Participant rollover contributions and/or direct rollovers of distributions made after June 30, 2002, from contribution” is (a) a direct rollover of (i) an eligible rollover distribution from a qualified plan described in sections Section 401(a) or 403(a) of the Code, excluding after-tax employee contributions; , (bii) an annuity contract described in section Section 403(b) of the Code, excluding after-tax employee contributions; and , or (ciii) an eligible plan under section Section 457(b) of the Code which is maintained by a state, political subdivision of a state, or any agency or instrumentality of a state or political subdivision of a state. The Plan will not accept , (b) a Participant contribution of an eligible rollover distribution from (i) a qualified plan described in Section 401(a) or 403(a) of the Code, (ii) an annuity contract described in Section 403(b) of the Code or (iii) an eligible plan under Section 457(b) of the Code which is maintained by a state, political subdivision of a state, or any agency or instrumentality of a state or political subdivision of a state, or (c) a Participant rollover contribution of the portion of a distribution from an individual retirement account or annuity described in sections Section 408(a) or 408(b) of the Code that is eligible to be rolled over and would otherwise be includible in gross income (including an after-tax contribution). If any amount received as a rollover contribution is determined not to qualify for a rollover, then such amount (adjusted for any gain or loss) shall be returned to the Participant as soon as practicalincome.
Appears in 2 contracts
Samples: Trust Agreement (Nordson Corp), Trust Agreement (Nordson Corp)
Rollover Contributions. A Participant while The Administrative Committee may authorize the Trustee to accept a rollover contribution, within the meaning of Code Section 402(c) or 408(d)(3)(A)(ii), in cash, directly from an Employee or a Participant (for purposes of this Section, a “Participant”) or as a Direct Rollover on behalf of a Participant from: (i) another qualified retirement plan, a tax-sheltered annuity plan described in Code Section 403(b), or a governmental retirement plan described in Code Section 457(b) (collectively, “Employer Plans”); or (ii) an individual retirement account described in Code Section 408(a) or an individual retirement annuity described in Code Section 408(b) (collectively, “IRAs”). In addition to pre-tax amounts, such rollover contributions may contribute include (iii) after-tax amounts that were contributed either to another Employer Plan or to an XXX, and (iv) Xxxx contributions made to an Employer Plan (but not to a Xxxx XXX). See Subsection 4.4(b) for additional rules applicable to rollover contributions involving Xxxx contributions. Under the circumstances described in Subsection 9.15(b), the Administrative Committee may also authorize the Trustee to accept a rollover contribution, within the meaning of Code Section 402(c) or 408(d)(3)(A)(ii), in the form of a Participant’s promissory note for a plan loan from another Employer Plan. Notwithstanding the foregoing, any rollover contributions accepted by the Trustee hereunder shall not include “qualified plan loan offset amounts.” For purposes of this Section, “qualified plan loan offset amounts” shall mean any amount by which a Participant’s benefit under another Employer Plan is reduced to repay a plan loan from such plan and is treated as a distribution from such plan solely by reason of the termination of the Employer Plan or the Participant’s termination of employment from such employer. The Participant shall be responsible for furnishing satisfactory evidence, in such manner as prescribed by the Administrative Committee, that the amount is eligible for rollover treatment. A rollover contribution received directly from the Participant must be paid to the Trustee in cash within 60 days after the date received by the Participant from an Employer Plan money that qualifies for such a rollover or an XXX. Contributions described in this paragraph shall be posted to the appropriate subaccount under the provisions of sections 402(c)(5) or 403(a)(4) or (5) of the Code or that qualifies as a rollover contribution under section 408(d)(3) of the Code; provided however, no amounts constituting accumulated deductible employee contributions, as defined in section 72(o)(5) of the Code, may be so contributed. Effective May 1, 2004, the Plan will accept rollovers in any amount. Any rollover contribution shall be credited to such Participant’s Rollover Account as of the Accounting Date coinciding with or next following date received by the Trustee’s receipt thereof. The Plan will accept Participant rollover contributions and/or direct rollovers of distributions made after June 30, 2002, from (a) Upon a qualified plan described in sections 401(a) or 403(a) of the Code, excluding after-tax employee contributions; (b) transfer by an annuity contract described in section 403(b) of the Code, excluding after-tax employee contributions; and (c) an eligible plan under section 457(b) of the Code which Employee who is maintained by a state, political subdivision of a state, or any agency or instrumentality of a state or political subdivision of a state. The Plan will not accept a Participant rollover contribution of hereunder, his or her Rollover Accounts shall represent his or her sole interest in the portion of Plan until he or she becomes a distribution from an individual retirement account or annuity described in sections 408(a) or 408(b) of the Code that is eligible to be rolled over and would otherwise be includible in gross income (including an after-tax contribution)Participant. If any it is later determined that an amount received contributed pursuant to the above paragraph did not in fact qualify as a rollover contribution is determined not under Code Section 402(c) or 408(d)(3)(A)(ii), the balance credited to qualify the Participant’s Rollover Account shall immediately be (1) segregated from all other Plan assets, (2) treated as a nonqualified trust established by and for a rolloverthe benefit of the Participant, then and (3) distributed to the Participant. Any such amount (adjusted for any gain or loss) nonqualifying rollover shall be returned deemed never to have been a part of the Participant as soon as practicalPlan.
Appears in 1 contract
Rollover Contributions. A Participant while The Administrator may authorize the Trustee to accept a Rollover Contribution in cash, directly from an Eligible Employee may contribute to the Plan money that qualifies for such or as a rollover under the provisions of sections 402(c)(5) or 403(a)(4) or (5) Direct Rollover from another qualified plan on behalf of the Code Eligible Employee, even if he or she is not yet a Participant. The Employee shall be responsible for providing satisfactory evidence, in such manner as prescribed by the Administrator, that such Rollover Contribution qualifies as a rollover contribution contribution, within the meaning of Code section 402(c) or 408(d)(3)(A)(ii). Such amounts received directly from an Eligible Employee must be paid to the Trustee in cash within 60 days after the date received by the Eligible Employee from a qualified plan or conduit individual retirement account. Notwithstanding the foregoing, Rollover Contributions may be made in cash and/or solely to an outstanding plan loan to the Participant which qualifies for exemption from ERISA's prohibited transaction rules under section 408(d)(3408(b)( 1) of ERISA and its applicable regulations and authority (including any successors thereto), provided that as the Code; provided however, no amounts constituting accumulated deductible employee contributions, as defined in section 72(o)(5) time of such Rollover Contribution loans are generally available to Participants under the terms of the CodePlan and provided further that any such receivable shall, may be so contributed. Effective May 1, 2004, the Plan will accept rollovers in any amount. Any rollover contribution shall be credited to such Participant’s Rollover Account as of the Accounting Date coinciding with or next following date the Trustee’s receipt thereof. The Plan will accept Participant rollover contributions and/or direct rollovers of distributions made after June 30Rollover Contribution is received by the Plan, 2002, from (a) a qualified plan described be subject to the same terms and conditions then in sections 401(a) or 403(a) of effect for loans granted under the Code, excluding after-tax employee contributions; (b) an annuity contract described in section 403(b) of the Code, excluding after-tax employee contributions; and (c) an eligible plan under section 457(b) of the Code which is maintained by a state, political subdivision of a state, or any agency or instrumentality of a state or political subdivision of a state. The Plan will not accept a Participant rollover contribution of the portion of a distribution from an individual retirement account or annuity described in sections 408(a) or 408(b) of the Code that is eligible to be rolled over and would otherwise be includible in gross income (including an after-tax contribution)Plan. If any the Administrator later determines that an amount received contributed pursuant to the above paragraph did not in fact qualify as a rollover contribution is determined not contribution, within the meaning of Code section 402(c) or 408 (d)(3) (A)(ii), the balance credited to qualify the Participant's Rollover Account shall immediately be (1) segregated from all other Plan assets, (2) treated as a nonqualified trust established by and for a rolloverthe benefit of the Participant, then and (3) distributed to the Participant. Any such amount (adjusted for any gain or loss) shall be returned deemed never to have been a part of the Participant as soon as practicalPlan.
Appears in 1 contract
Samples: New Nisource Inc
Rollover Contributions. A Participant while With the consent of the Plan Administrator, an Eligible Employee may contribute to the Plan money that qualifies for such a rollover under the provisions of sections 402(c)(5) or 403(a)(4) or (5) of the Code or that qualifies as make a rollover contribution of an eligible rollover distribution as permitted under section 408(d)(3) of the Code; provided however, no amounts constituting accumulated deductible employee contributions, as defined Code from an individual retirement account described in section 72(o)(5Section 408(a) of the Code, may be so contributed. Effective May 1, 2004, the Plan will accept rollovers an individual retirement annuity described in any amount. Any rollover contribution shall be credited to such Participant’s Rollover Account as Section 408(b) of the Accounting Date coinciding with or next following the Trustee’s receipt thereof. The Plan will accept Participant rollover contributions and/or direct rollovers of distributions made after June 30Code (other than an endowment contract), 2002, from (a) a qualified plan described in sections Section 401(a) or 403(a) of the Code, excluding after-tax employee contributions; (b) , an annuity contract plan described in section 403(bSection 403(a) of the Code, excluding after-tax employee contributions; and (c) an eligible deferred compensation plan under section described in Section 457(b) of the Code which is maintained by a statean eligible employer described in Section 457(e)(1)(A) of the Code, political subdivision of a stateand an annuity contract described in Section 403(b) (collectively “eligible employer plan”). However, or any agency or instrumentality of a state or political subdivision of a state. The Plan will not accept a Participant may not make a rollover contribution of the portion of a distribution from an individual retirement account or annuity described in sections Section 408(a) or 408(b) of the Code that is eligible to be rolled over under the Code and would otherwise be includible in gross income (including an after-tax contribution). If any amount received as income, unless such rollover is from a rollover contribution is determined not to qualify for a rolloverconduit XXX, then and provided such amount (adjusted for any gain or loss) shall be returned account has no assets other than assets previously distributed to the Participant from another qualified plan that were eligible for tax-free rollover and deposited in such conduit XXX within sixty (60) days of receipt thereof. For this purpose, rollover contributions shall include both (a) amounts distributed to the Participant from an eligible employer plan or XXX and contributed to this Plan no later than the sixtieth (60th) day after such distribution is received by the Participant, and (b) amounts contributed in a direct rollover (as soon defined in Section 11.05(a) hereof) from such an eligible employer plan or XXX. The Participant may be required to establish that the amounts to be rolled over to the Plan meet all the requirements of the Code. Amounts rolled over to the Plan on behalf of a Participant shall be placed in a separate account or accounts (the Rollover Account) for that Participant and shall be fully vested. Said accounts shall be invested and maintained in accordance with the provisions of the Plan, but shall not participate in Forfeitures or Employer contributions. Such rollover contributions shall not be considered Annual Additions under Section 3.04 of this Plan and Trust Agreement. The Plan Administrator, at the election of the Participant, shall direct the Trustee to distribute all or a portion of the amounts credited to the Participant's Rollover Account. Any distribution of amounts held in a Participant's Rollover Account shall be made in a manner consistent with and that satisfies the provisions of Articles X, XI and XII, including all notice and consent requirements. Upon a Participant’s entitlement to benefits under the Plan, the value of his Rollover Accounts shall be distributed to him as practicaladditional benefits under the provisions of the Plan.
Appears in 1 contract
Samples: Employee Stock Ownership Plan and Trust Agreement (Origin Bancorp, Inc.)
Rollover Contributions. A Participant while an Employee The Custodian may contribute in its discretion accept contributions in the form of assets acceptable to the Plan money that qualifies for such Custodian received from an annuity contract or a rollover under the provisions of sections 402(c)(5) or 403(a)(4) or (5) of the Code or that qualifies as a rollover contribution under section 408(d)(3) of the Code; provided however, no amounts constituting accumulated deductible employee contributions, as defined custodial account described in section 72(o)(5401(b) of the Code, may be so contributed. Effective May 1, 2004, the Plan will accept rollovers in any amount. Any rollover contribution shall be credited to such Participant’s Rollover Account as of the Accounting Date coinciding with or next following the Trustee’s receipt thereof. The Plan will accept Participant rollover contributions and/or direct rollovers of distributions made after June 30, 2002, from (a) a qualified plan an individual retirement account described in sections 401(a) or 403(asection 408(a) of the Code, excluding after-tax employee contributions; and individual retirement annuity described in section 408(b) of the Code, or a retirement bond described in section 409(a) of the Code, provided that such Contribution qualifies in all respects as a Rollover Contribution in accordance with the requirements of section 403(b)(8), section 408(d)(3) or section 409(b)(3)(C) of the Code (b) including the requirement that no part of the amount received from an individual retirement account, individual retirement annuity or retirement bond be attributable to any source other than a rollover contribution from any annuity contract or custodial account described in section 403(b) of the Code) or other applicable provisions of the Code in effect from time to time. Such rollover contribution shall be held by the Custodian in a separate Rollover Account for the benefit of the Employee which consists only of such rollover contributions and the earnings thereon. Once transferred into the Employee's Custodial Account, excluding after-tax employee contributions; such assets shall be treated as a Contribution for purposes of this Agreement and (c) an eligible plan under shall be invested, distributed and otherwise dealt with as such. The right is reserved to transfer the assets of the Custodial Investment Account to another form of annuity contract or custodial account described in section 457(b403(b) of the Code which is maintained by a state, political subdivision of a state, or any agency or instrumentality of a state or political subdivision of a state. The Plan will not accept a Participant rollover contribution of the portion of a distribution from to an individual retirement account account, individual retirement annuity, or annuity described retirement bond plan established pursuant to section 408 or 409 of the Code. If permitted by Xxxxxxx Fund Distributors, Inc. in sections 408(a) or 408(baccordance with applicable law, rollover contributions with respect to "qualified voluntary employee contributions" as that term is defined in section 219(e)(2) of the Code may be received under this Agreement with respect to taxable years beginning after December 31, 1981, and such contributions shall thereafter be held and administered hereunder by the Custodian in accordance with all applicable law with respect to "accumulated deductible employee contributions" as that term is eligible to be rolled over and would otherwise be includible defined in gross income (including an after-tax contribution). If any amount received as a rollover contribution is determined not to qualify for a rollover, then such amount (adjusted for any gain or losssection 72(o)(5)(B) shall be returned to of the Participant as soon as practicalCode.
Appears in 1 contract
Samples: Scudder Gnma Fund