Common use of Timing of Allocation of Forfeitures Clause in Contracts

Timing of Allocation of Forfeitures. If no distribution or deemed distribution has been made to a former Participant, nonvested portions shall be forfeited at the end of the Plan Year during which the former Participant incurs his or her fifth consecutive one-year Break in Service. If a former Participant has received the full amount of his or her vested interest, the nonvested portion of his or her account shall be forfeited and shall be disposed of: 1. during the Plan Year following the Plan Year in which the forfeiture arose. [ ] 2. as of any Valuation or Allocation Date during the Plan Year (or as soon as administratively feasible following the close of the Plan Year) in which the former Participant receives full payment of his or her vested benefit. [ ] 3. at the end of the Plan Year during which the former Participant incurs his or her _____ (0xx, 0xx, 0xx, 0xx or 5th) consecutive one-year Break in Service. [ ] 4. as of the end of the Plan Year during which the former Participant received full payment of his or her vested benefit. [ ] 5. as of the earlier of the first day of the Plan Year, or the first day of the seventh month of the Plan Year following the date on which the former Participant has received full payment of his or her vested benefit. [ ] 6. as of the next Allocation Date following the date on which the former Participant receives full payment of his or her vested benefit. XI. MULTIPLE PLANS MAINTAINED BY THE EMPLOYER, LIMITATIONS ON ALLOCATIONS, AND TOP-HEAVY CONTRIBUTIONS A. PLANS MAINTAINED BY THE EMPLOYER: [X] 1. This is the only Plan the Employer maintains. In the event that the allocation formula results in an Excess Amount, such excess, after distribution of Employee contributions pursuant to paragraph 10.2 of the Basic Plan Document #01, shall be: [X] a. Placed in a suspense account for the benefit of the Participant without the crediting of gains or losses for the benefit of the Participant. [ ] b. Reallocated as additional Employer contributions to all other Participants to the extent that they do not have any Excess Amount. IF NO METHOD IS SPECIFIED, THE SUSPENSE ACCOUNT METHOD WILL BE USED. [ ] 2. The Employer does maintain another Plan [including a Welfare Benefit Fund or an individual medical account as defined in Code Section 415(l)(2)], under which amounts are treated as Annual Additions and has completed the proper sections below. [ ] a. If the Participant is covered under another qualified Defined Contribution Plan maintained by the Employer, other than a Master or Prototype Plan: [ ] i. The provisions of Article X of the Basic Plan Document #01 will apply as if the other plan were a Master or Prototype Plan. [ ] ii. The Employer has specified below the method under which the plans will limit total Annual Additions to the Maximum Permissible Amount, and will properly reduce any Excess Amounts in a manner that 35 Section 401(k) Plan AA #010 precludes Employer discretion. ___. EMPLOYERS WHO MAINTAINED A QUALIFIED DEFINED BENEFIT PLAN, PRIOR TO JANUARY 1, 2000, SHOULD COMPLETE SCHEDULE C TO DOCUMENT THE PREAMENDMENT OPERATION OF THE PLAN.

Appears in 1 contract

Samples: Nonstandardized Adoption Agreement (Felcor Lodging Trust Inc)

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Timing of Allocation of Forfeitures. If no distribution or deemed distribution has been made to a former Participant, nonvested portions shall be forfeited at the end of the Plan Year during which the former Participant incurs his or her fifth consecutive one-year Break in Service. If a former Participant has received the full amount of his or her vested interest, the nonvested portion of his or her account shall be forfeited and shall be disposed of: 1. during the Plan Year following the Plan Year in which the forfeiture arose. [ [X] 2. as of any Valuation or Allocation Date during the Plan Year (or as soon as administratively feasible following the close of the Plan Year) in which the former Participant receives full payment of his or her vested benefit. [ ] 3. at the end of the Plan Year during which the former Participant incurs his or her ___________ (0xx, 0xx, 0xx, 0xx or 5th) consecutive one-year Break in Service. [ ] 4. as of the end of the Plan Year during which the former Participant received full payment of his or her vested benefit. [ ] 5. as of the earlier of the first day of the Plan Year, or the first day of the seventh month of the Plan Year following the date on which the former Participant has received full payment of his or her vested benefit. [ ] 6. as of the next Valuation or Allocation Date following the date on which the former Participant receives full payment of his or her vested benefit. XI. MULTIPLE PLANS MAINTAINED BY THE EMPLOYER, LIMITATIONS ON ALLOCATIONS, AND TOP-HEAVY CONTRIBUTIONS A. PLANS MAINTAINED BY THE EMPLOYER: [X] 1. This is the only Plan the Employer maintains. In the event that the allocation formula results in an Excess Amount, such excess, after distribution of Employee contributions pursuant to paragraph 10.2 of the Basic Plan Document #01, shall be: [X] a. Placed in a suspense account for the benefit of the Participant without the crediting of gains or losses for the benefit of the Participant. [ ] b. Reallocated as additional Employer contributions to all other Participants to the extent that they do not have any Excess Amount. IF NO METHOD IS SPECIFIED, THE SUSPENSE ACCOUNT METHOD WILL BE USED. [ ] 2. The Employer does maintain another Plan [including a Welfare Benefit Fund or an individual medical account as defined in Code Section 415(l)(2)], under which amounts are treated as Annual Additions and has completed the proper sections below. [ ] a. If the Participant is covered under another qualified Defined Contribution Plan maintained by the Employer, other than a Master or Prototype Plan: [ ] i. The provisions of Article X of the Basic Plan Document #01 will apply as if the other plan were a Master or Prototype Plan. [ ] ii. The Employer has specified below the method under which the plans will limit total Annual Additions to the Maximum Permissible Amount, and will properly reduce any Excess Amounts in a manner that 35 Section 401(k) Plan AA #010 precludes Employer discretion. ___. EMPLOYERS WHO MAINTAINED A QUALIFIED DEFINED BENEFIT PLAN, PRIOR TO JANUARY 1, 2000, SHOULD COMPLETE SCHEDULE C TO DOCUMENT THE PREAMENDMENT OPERATION OF THE PLAN.

Appears in 1 contract

Samples: Nonstandardized Adoption Agreement (Jda Software Group Inc)

Timing of Allocation of Forfeitures. If no distribution or deemed distribution has been made to a former Participant, nonvested portions amounts shall be forfeited at the end of the Plan Year during which the former Participant incurs his or her fifth consecutive one-year Break in Service. If a former Participant has received the full amount of his or her vested interest, the nonvested portion of his or her account shall be forfeited and shall be disposed of: 1. during the Plan Year following the Plan Year in which the forfeiture arose. [ [x] 2. as of any Valuation or Allocation Date during the Plan Year (or as soon as administratively feasible following the close of the Plan Year) in which the former Participant receives full payment of his or her vested benefit. [ ] 3. at the end of the Plan Year during which the former Participant incurs his or her ___________ (0xx1st, 0xx2nd, 0xx3rd, 0xx 4th or 5th) consecutive one-year Break in Service. [ ] 4. as of the end of the Plan Year during which the former Participant received full payment of his or her vested benefit. [ ] 5. as of the earlier of the first day of the Plan Year, or the first day of the seventh month of the Plan Year following the date on which the former Participant has received full payment of his or her vested benefit. [ ] 6. as of the next Valuation or Allocation Date following the date on which the former Participant receives full payment of his or her vested benefit. XI. MULTIPLE PLANS MAINTAINED BY THE EMPLOYER, LIMITATIONS ON ALLOCATIONSALLOCATION, AND TOP-HEAVY CONTRIBUTIONS A. PLANS MAINTAINED BY THE EMPLOYER: [X] 1. This is the only Plan the Employer maintains. In the event that the allocation formula results in an Excess Amount, such excess, after distribution of Employee contributions pursuant to paragraph 10.2 of the Basic Plan Document #01, shall be: [X] a. Placed in a suspense account for the benefit of the Participant without the crediting of gains or losses for the benefit of the Participant. [ ] b. Reallocated as additional Employer contributions to all other Participants to the extent that they do not have any Excess Amount. IF NO METHOD IS SPECIFIED, THE SUSPENSE ACCOUNT METHOD WILL BE USED. [ ] 2. The Employer does maintain another Plan [including a Welfare Benefit Fund or an individual medical account as defined in Code Section 415(l)(2)], under which amounts are treated as Annual Additions and has completed the proper sections below. [ ] a. If the Participant is covered under another qualified Defined Contribution Plan maintained by the Employer, other than a Master or Prototype Plan: [ ] i. The provisions of Article X of the Basic Plan Document #01 will apply as if the other plan were a Master or Prototype Plan. [ ] ii. The Employer has specified below the method under which the plans will limit total Annual Additions to the Maximum Permissible Amount, and will properly reduce any Excess Amounts in a manner that 35 Section 401(k) Plan AA #010 precludes Employer discretion. ___. EMPLOYERS WHO MAINTAINED A QUALIFIED DEFINED BENEFIT PLAN, PRIOR TO JANUARY 1, 2000, SHOULD COMPLETE SCHEDULE C TO DOCUMENT THE PREAMENDMENT OPERATION OF THE PLAN.

Appears in 1 contract

Samples: Adoption Agreement (Thomasville Bancshares Inc)

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Timing of Allocation of Forfeitures. If no distribution or deemed distribution has been made to a former Participant, nonvested portions shall be forfeited at the end of the Plan Year during which the former Participant incurs his or her fifth consecutive one-year Break in Service. If a former Participant has received the full amount of his or her vested interest, the nonvested portion of his or her account shall be forfeited and shall be disposed of: 1. during the Plan Year following the Plan Year in which the forfeiture arose. [ [X] 2. as of any Valuation or Allocation Date during the Plan Year (or as soon as administratively feasible following the close of the Plan Year) in which the former Participant receives full payment of his or her vested benefit. [ ] 3. at the end of the Plan Year during which the former Participant incurs his or her ___________ (0xx1st, 0xx2nd, 0xx3rd, 0xx 4th or 5th) consecutive one-year Break in Service. [ ] 4. as of the end of the Plan Year during which the former Participant received full payment of his or her vested benefit. [ ] 5. as of the earlier of the first day of the Plan Year, or the first day of the seventh month of the Plan Year following the date on which the former Participant has received full payment of his or her vested benefit. [ ] 6. as of the next Valuation or Allocation Date following the date on which the former Participant receives full payment of his or her vested benefit. XI. MULTIPLE PLANS MAINTAINED BY THE EMPLOYER, LIMITATIONS ON ALLOCATIONS, AND TOP-HEAVY CONTRIBUTIONS A. PLANS MAINTAINED BY THE EMPLOYER: [X] 1. This is the only Plan the Employer maintains. In the event that the allocation formula results in an Excess Amount, such excess, after distribution of Employee contributions pursuant to paragraph 10.2 of the Basic Plan Document #01, shall be: [X] : a. Placed in a suspense account for the benefit of the Participant without the crediting of gains or losses for the benefit of the Participant. [ [X] b. Reallocated as additional Employer contributions to all other Participants to the extent that they do not have any Excess Amount. IF NO METHOD IS SPECIFIED, THE SUSPENSE ACCOUNT METHOD WILL BE USED. [ ] 2. The Employer does maintain another Plan [including a Welfare Benefit Fund or an individual medical account as defined in Code Section 415(l)(2)], under which amounts are treated as Annual Additions and has completed the proper sections below. [ ] . a. If the Participant is covered under another qualified Defined Contribution Plan maintained by the Employer, other than a Master or Prototype Plan: [ ] i. The provisions of Article X of the Basic Plan Document #01 will apply as if the other plan were a Master or Prototype Plan. [ ] ii. The Employer has specified below the method under which the plans will limit total Annual Additions to the Maximum Permissible Amount, and will properly reduce any Excess Amounts in a manner that 35 Section 401(k) Plan AA #010 precludes Employer discretion. ___. ----------------------------------- ----------------------------------- ----------------------------------- EMPLOYERS WHO MAINTAINED A QUALIFIED DEFINED BENEFIT PLAN, PRIOR TO JANUARY 1, 2000, SHOULD COMPLETE SCHEDULE C TO DOCUMENT THE PREAMENDMENT OPERATION OF THE PLAN.

Appears in 1 contract

Samples: Defined Contribution Plan (Spheris Leasing LLC)

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