Examples of Nonallocation Year in a sentence
If necessary to prevent a Nonallocation Year as described in Section 4.12(a), the Plan Administrator will transfer the minimum number of shares of Employer Stock from the ESOP accounts of Disqualified Persons to the Non-ESOP accounts of those persons that will result in Disqualified Persons owning 49% of the sum of the outstanding shares of stock in the S Corporation (including Deemed-Owned Shares) and the Synthetic Equity Shares owned by Disqualified Persons.
An Impermissible Allocation also occurs in a Nonallocation Year if a Disqualified Person accrues additional benefits, directly or indirectly, under the Plan or any other qualified plan of the Employer that would have been allocated to the Plan account of the Disqualified Person for the Nonallocation Year and invested in Employer Stock consisting of stock in an S corporation owned by the Plan, but for a Plan provision that precludes such allocation and investment.
As of each Valuation Date or as of such other dates as determined by the Committee and prior to any allocation of Company Stock to be made as of such date, the Committee shall determine whether an allocation of Company Stock may cause a Nonallocation Year to occur or cause any Participant to become a Disqualified Person in the current or following Plan Year, as set forth in Article 5.
For any Plan Year in which the Trust Fund holds Stock consisting of stock in an S corporation, no portion of the assets of the Plan attributable to (or allocable in lieu of) such Stock may, during a Nonallocation Year, accrue (or be allocated directly or indirectly under any plan of the Employer meeting the requirements of Section 401(a) of the Code) for the benefit of any Disqualified Person.
The Nonallocation Year Attribution Rules apply for purposes of determining ownership.
In a Nonallocation Year, an Impermissible Allocation occurs if any Annual Addition is made to the account of a Disqualified Person.
Nonallocation Year Attribution Rules The “Nonallocation Year Attribution Rules” are the rules in this paragraph.
A Nonallocation Year is a Plan Year during which, at any time, ne Plan holds any shares of employer Stock that are shares of an S Corporation and Disqualified Persons own (1) at least 50% of the number of outstanding shares of stock in the S Corporation (including Deemed-Owned Shares), or (2) at least 50% of the sum of (A) the outstanding share of stock in the S Corporation ;including Deemed-Owned Shares), and (B) the Synthetic Equity Shares owned by Disqualified Person.
Notwithstanding Section 5.4, if the Plan holds Employer Securities consisting of stock in an S corporation, no portion of the assets of the Plan attributable to (or allocable in lieu of) such Employer Securities may, during a Nonallocation Year, accrue (or be allocated directly or indirectly under any plan of the Employer meeting the requirements of Section 401(a) of the Code) for the benefit of any Disqualified Person pursuant to an Impermissible Accrual or an Impermissible Allocation.
No portion of the assets of the Plan attributable to (or allocable in lieu of) Company Stock may, during a Nonallocation Year, accrue under the Plan, or be allocated directly or indirectly under any plan of the Company meeting the requirements of Code Section 401(a) (including the Plan), for the benefit of any Disqualified Person.