Examples of Highly Paid Employees in a sentence
Notwithstanding anything herein to the contrary, allocation of Employer contributions for any Plan Year shall be subject to the following: 5.1-1 If allocation of Employer contributions in accordance with Section 4.1 will result in an allocation of more than one-third the total contributions for a Plan Year to the Accounts of Highly Paid Employees, then allocation of such amount shall be adjusted so that such excess will not occur.
Notwithstanding anything herein to ------------------------------ the contrary, allocation of Employer contributions for any Plan Year shall be subject to the following: 5.1-1 If allocation of Employer contributions in accordance with Section 4.1 will result in an allocation of more than one-third the total contributions for a Plan Year to the Accounts of Highly Paid Employees, then allocation of such amount shall be adjusted so that such excess will not occur.
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With respect to the combined limitation in section 6.3-2(c), the Administrator shall first reduce the contribution percentages of the Highly Paid Employees by causing the Trustee to return all or a portion of their unmatched after-tax contributions, if any.
The contributions credited under sections 4.2, 4.3, and 4.4 to the Accounts of Participants who are Highly Paid Employees shall be limited as follows: 6.3-1 For this purpose, with respect to any Plan Year, "Participants" shall include each individual who was eligible for any Employer contribution (including salary reduction contributions under section 4.2) or to make any Employee after-tax contribution in that year, whether or not any contribution was made.
To the extent possible, the Administrator shall reduce a Highly Paid Employee's deferral or contribution percentage by modifying his elections and curtailing further contributions under sections 4.2, 4.3, and 4.4 on his behalf for the Plan Year.
Such reductions shall be made in each category starting with those Highly Paid Employees having the highest percentage in that category, in the same manner prescribed by the preceding paragraph.
For each Plan Year, either (i) the average contribution percentage among the Highly Paid Employees is not more than 1.25 times the average contribution percentage among all other Participants, or (ii) the average contribution percentage among the Highly Paid Employees is not more than 2 times the average contribution percentage among all other Participants, and the former percentage is not more than 2 percentage points above the latter percentage.
In all respects, the determination of who are Highly Paid Employees shall be made in accordance with section 414(q) of the Code and the Treasury Regulations thereunder.
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