Common use of Rule of Parity-Vesting Clause in Contracts

Rule of Parity-Vesting. The Employer may elect in its Adoption Agreement to apply the “rule of parity” under Code §411(a)(6)(D) for purposes of determining vesting Years of Service. Under the rule of parity, the Plan Administrator excludes a Participant’s Years of Service before a Break in Service if: (a) the number of the Participant’s consecutive Breaks in Service equals or exceeds 5; and (b) the Participant is 0% Vested in his/her Account Balance derived from Employer contributions at the time he/she has the Breaks in Service.

Appears in 2 contracts

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

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Rule of Parity-Vesting. The Employer may elect in its Adoption Agreement may elect to apply the "rule of parity" under Code §411(a)(6)(D) for purposes of determining vesting Years of Service. Under the rule of parity, the Plan Administrator excludes a Participant’s 's Years of Service before a Break in Service if: (a1) the number of the Participant’s 's consecutive Breaks in Service equals or exceeds 5; and (b2) the Participant is 0% Vested in his/her Account Balance derived from Employer contributions (as described under Section 5.04(C)(1)) at the time he/she has the Breaks in Service.

Appears in 2 contracts

Samples: Defined Contribution Pre Approved Plan (J&j Snack Foods Corp), Defined Contribution Prototype Plan and Trust Agreement (Bob Evans Farms Inc)

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Rule of Parity-Vesting. The Employer may elect in its Adoption Agreement to apply the "rule of parity" under Code §411(a)(6)(D) for purposes of determining vesting Years of Service. Under the rule of parity, the Plan Administrator excludes a Participant’s 's Years of Service before a Break in Service if: (a) the number of the Participant’s 's consecutive Breaks in Service equals or exceeds 5; and (b) the Participant is 0% Vested in his/her Account Balance derived from Employer contributions at the time he/she has the Breaks in Service.

Appears in 1 contract

Samples: 401(k) Plan Adoption Agreement (Petco Animal Supplies Inc)

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