Special Rule for Collectively Bargained Plans Sample Clauses

Special Rule for Collectively Bargained Plans. A Plan maintained pursuant to one or more collective bargaining agreements between Employees and one or more Employer that was ratified on or before August 17, 2006 is subject to an exception to the rule. Under this rule, Code Section 401(a)(35) is not effective until Plan Years beginning after the earlier of (1) the later of (a) December 31, 2007 or (b) the date on which the last of such collective bargaining agreements terminates (determined without regard to any extension thereof after August 17, 2006) or (2) December 31, 2008. The Sponsor of this Prototype Defined Contribution Plan, Basic Plan Document #01 (hereinafter referred to as the “Plan”) hereby amends the Plan pursuant to the authority contained in paragraph 15.1 of the Plan. Effective for Plan Years beginning on or after January 1, 2008, this Plan was amended in good faith for the Pension Protection Act of 2006 (“PPA”), The Heroes Earnings Assistance and Relief Tax Act of 2008 (“HEART”), provisions of the Emergency Economic Stabilization Act of 2008 known as The Heartland Disaster Tax Relief Act of 2008 (“EESA”), and The Worker, Retiree and Employer Recovery Act of 2008 (“WRERA”). Except as otherwise provided, the Plan is further amended to comply with the Final Regulations of Code Section 401(a)(35) as amended by Section 901 of PPA effective for Plan Years beginning on or after January 1, 2011. This Amendment shall supersede any previous Amendment or inconsistent provisions of the Plan. The Basic Plan Document #01 is hereby amended as follows: 1. Effective for Plan Years beginning on or after January 1, 2011, paragraph 12.7 entitled “Participant Investment Direction” is amended by revising subparagraph (k) in its entirety to read as follows:
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Special Rule for Collectively Bargained Plans. A Plan maintained pursuant to one or more collective bargaining agreements between Employees and one or more Employer that was ratified on or before August 17, 2006 is subject to an exception to the rule. Under this rule, Code Section 401(a)(35) is not effective until Plan Years beginning after the earlier of (1) the later of (a) December 31, 2007 or (b) the date on which the last of such collective bargaining agreements terminates (determined without regard to any extension thereof after August 17, 2006) or (2) December 31, 2008. SBERA as Sponsor of the Prototype Defined Contribution Plan, Basic Plan Document #01 (hereinafter referred to as “the Plan”) hereby amends the Plan pursuant to the authority contained in paragraph 15.1 of the Plan to reflect the applicable provisions of Section 2112 of the Small Business Jobs Act of 2010 (“SBJA”), Code Section 402A(c)(4) and IRS Notice 2010-84 to permit In-Plan Xxxx Rollovers. Except as otherwise provided, this Amendment is intended to provide good faith compliance with the requirements of those provisions and shall, if adopted for a particular Employer’s Plan, be effective for distributions from the Plan no earlier than September 27, 2010, and shall supersede any inconsistent provisions of the Plan.
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Related to Special Rule for Collectively Bargained Plans

  • Personal Leave Without Pay Leave of absence without pay may be granted by the College for legitimate personal reasons.

  • Leave Without Pay for Personal Needs 35.15.1 Leave without pay will be granted for personal needs, in the following manner: 35.15.1.1 Subject to operational requirements, leave without pay for a period of up to three (3) months will be granted to an employee for personal needs. 35.15.1.2 Subject to operational requirements, leave without pay of more than three (3) months but not exceeding one (1) year will be granted to an employee for personal needs. 35.15.1.3 An employee is entitled to leave without pay for personal needs only once under each of 35.15.1.1

  • Military Leave Without Pay An employee in the State service shall be entitled to a military leave of absence without pay during a period of service with the armed forces of the United States. However, such reduction in salary will not be made for an FLSA-exempt employee on temporary military leave except for full workweek increments where such leave causes an absence of one (1) or more full workweeks. The employee shall, upon honorable discharge from such service, be returned to a position in the same class as the employee’s last held position, if available, at the salary rate prevailing for such class, without loss of seniority or employment rights. Employees shall make application for reinstatement within ninety (90) days and shall report for duty within six (6) months following separation from active duty. Failure to comply may terminate military leave. If it is established that the employee is not physically qualified to perform the duties of their former position by reason of such service, the employee shall be reinstated in other work that the employee is able to perform at the nearest appropriate level of pay of the employee’s former class. An employee voluntarily or involuntarily seeking military leave without pay to attend service school shall be entitled to such leave during a period of active duty training. Military leaves of absence without pay shall be granted in compliance with the Veterans' Reemployment Rights Law, Title 38 USC Chapter 43.

  • Other Leaves Without Pay 10.10.1 Upon recommendation of the Superintendent and approval by the Board of Trustees, leave without compensation, increment, seniority, or tenure credit may be granted for a period of one school year for the following purposes: Peace Corps, care for a member of the immediate family who is ill, long-term illness of the bargaining unit member, service in an elected public office, or professional study or research. 10.10.2 The applications for and granting of such leaves of absence shall be in writing. In addition, a bargaining unit member on such leave shall notify the District Human Resources Office by March 15 of the school year as to an intent to return to employment in the District. Failure to so notify will be considered an abandonment of position.

  • Parental Leave Without Pay (a) Where an employee has or will have the actual care and custody of a new- born child (including the new-born child of a common-law spouse), the employee shall, upon request, be granted parental leave without pay for a single period of up to thirty-seven (37) consecutive weeks in the fifty-two (52) week period beginning on the day on which the child is born or the day on which the child comes into the employee’s care. (b) Where an employee commences legal proceedings under the laws of a province to adopt a child or obtains an order under the laws of a province for the adoption of a child, the employee shall, upon request, be granted parental leave without pay for a single period of up to thirty-seven (37) consecutive weeks in the fifty-two (52) week period beginning on the day on which the child comes into the employee’s care. (c) Notwithstanding paragraphs (a) and (b): (i) where the employee’s child is hospitalized within the period defined in the above paragraphs, and the employee has not yet proceeded on parental leave without pay, or (ii) where the employee has proceeded on parental leave without pay and then returns to work for all or part of the period during which his or her child is hospitalized, the period of parental leave without pay specified in the original leave request may be extended by a period equal to that portion of the period of the child’s hospitalization during which the employee was not on parental leave. However, the extension shall end not later than one hundred and four (104) weeks after the day on which the child comes into the employee’s care. (d) An employee who intends to request parental leave without pay shall notify the Employer at least four (4) weeks in advance of the expected date of birth of the employee’s child (including the child of a common-law spouse), or the date the child is expected to come into the employee’s care pursuant to paragraphs (a) and (b). (e) The Employer may, (i) defer the commencement of parental leave without pay at the request of the employee; (ii) grant the employee parental leave without pay with less than four

  • Maternity Leave Without Pay (1) An employee who becomes pregnant shall, upon request, be granted maternity leave without pay for a period beginning before, on or after the termination date of pregnancy and ending not later than eighteen (18) weeks after the termination date of pregnancy. (a) Notwithstanding 35.7(A)(1): (i) where the employee’s new-born child is hospitalized within the period defined in 35.7(A)(1); and (ii) where the employee has proceeded on maternity leave without pay and then, upon request and with the concurrence of the Council, returns to work for all or part of the period during which her new- born child is hospitalized; the period of maternity leave without pay defined in 35.7(A)(1) may be extended beyond the date falling eighteen (18) weeks after the date of termination of pregnancy by a period equal to that portion of the period of the child’s hospitalization during which the employee returned to work, to a maximum of eighteen (18) weeks. (b) The extension described in 35.7(A)(1)(a) shall end not later than fifty-two (52) weeks after the termination date of pregnancy. (2) At its discretion, the Council may require an employee to submit a medical certificate certifying pregnancy. (3) An employee who has not commenced maternity leave without pay may elect to: (a) use earned vacation and compensatory leave credits up to and beyond the date that her pregnancy terminates; (b) use her sick leave credits up to and beyond the date that her pregnancy terminates, subject to the provisions set out in the Sick Leave Article. For purposes of this clause, illness or injury as defined in the Sick Leave Article shall include medical disability related to pregnancy. (B) An employee shall inform the Council in writing of her plans for taking leave with and without pay to cover her absence from work due to the pregnancy at least four (4) weeks in advance of the initial date of continuous leave of absence during which termination of pregnancy is expected to occur. (C) Leave granted under this clause shall be counted for the calculation of “continuous employment” or “service” as applicable for the purpose of calculating severance pay and vacation leave. Time spent on such leave shall be counted for pay increment purposes.

  • Defined Benefit Pension Plans The Borrower will not adopt, create, assume or become a party to any defined benefit pension plan, unless disclosed to the Lender pursuant to Section 5.10.

  • Special Leave Without Pay Section 1. Employees may participate in a Special Leave Without Pay Program as established by the Hennepin County Board of Commissioners. The Special Leave Without Pay Program period is from date of County Board Approval through December 31, 2021. Section 2. Upon the request of either party, the EMPLOYER and the UNION shall meet and confer on the extension of this Special Leave Without Pay Program each year through 2021. Section 3. The EMPLOYER's policy on use of Special Leave Without Pay (SLWOP) provides that employees may use SLWOP in cases where they would otherwise not take the leave. The EMPLOYER will therefore interpret its policy on SLWOP to allow SLWOP for Union Leave and Parenting Leave in cases where the employee would not otherwise take the leave.

  • Distribution Arrangements Subject to compliance with the 1940 Act, the Trustees may retain underwriters and/or placement agents to sell Trust Shares. The Trustees may in their discretion from time to time enter into one or more contracts, providing for the sale of the Shares of the Trust, whereby the Trust may either agree to sell such Shares to the other party to the contract or appoint such other party its sales agent for such Shares. In either case, the contract shall be on such terms and conditions as the Trustees may in their discretion determine not inconsistent with the provisions of this Article IV or the By-Laws; and such contract may also provide for the repurchase or sale of Shares of the Trust by such other party as principal or as agent of the Trust and may provide that such other party may enter into selected dealer agreements with registered securities dealers and brokers and servicing and similar agreements with persons who are not registered securities dealers to further the purposes of the distribution or repurchase of the Shares of the Trust.

  • Leaves Without Pay A. Military leave shall be granted in accordance with statutory requirements and University policy. B. Appearance as an individual rather than as an officer or an employee of the University, whether voluntary or in response to a legal order, to appear and testify in private litigation. If an employee has vacation or compensatory time off available to use, the employee may choose to use that leave for this purpose. C. In accordance with the Family Medical Leave Act, an employee shall be granted up to twelve (12) weeks unpaid leave to care for a family member. During this period of time, the Employer shall continue to make the Employer's contribution to the employee's health insurance as though the employee were on payroll. An employee may also be eligible to use sick leave under the provisions of Article 17. D. An employee shall be granted up to sixteen (16) hours unpaid time per year for business connected to children's schooling (i.e., conferences). If an employee has vacation or compensatory time off available to use, the employee may choose to use that leave for this purpose. E. Other personal leaves may be granted at any time to any employee for any period of time for personal purposes with department head approval. This leave may include personal unpaid educational leave to attend a University educational program leading toward a University degree. Should more than one (1) employee in a work location request personal leave at the same time and staffing not allow approval of more than one (1) employee on leave, the employee with the most University Seniority shall get the leave. However, personal or educational leave may be denied if other previously approved leaves do not allow staffing flexibility to grant additional leaves.

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