Common use of 401(k) Clause in Contracts

401(k). 1(a)(6) apply and the allocation method should not result in a cash or deferred election for the self-employed Participant. The Employer by the due date of its tax return (including extensions) must advise the Plan Administrator or Trustee in writing as to the allocation rate applicable to each Participant under Election 28(d)(1)a. or applicable to each classification under Elections 28(d)(1)b. or c. for the allocation Plan Year.]

Appears in 3 contracts

Samples: Adoption Agreement, Connecticut Water Service Inc / Ct, Penske Automotive Group, Inc.

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401(k). 1(a)(6) apply and the allocation method should not result in a cash or deferred election for the self-employed Participant. The Employer by the due date of its tax return (including extensions) must advise the Plan Administrator or Trustee in writing as to the allocation rate applicable to each Participant under Election 28(d)(1)a. or applicable to each classification under Elections 28(d)(1)b. or c. for the allocation Plan Year.]or

Appears in 2 contracts

Samples: Savings and Retirement Plan (Fossil Group, Inc.), Adoption Agreement

401(k). 1(a)(6) apply and the allocation method should not result in a cash or deferred election for the self-employed Participant. The Employer by the due date of its tax return (including extensions) must advise the Plan Administrator or Trustee in writing as to the allocation rate applicable to each Participant under Election 28(d)(1)a. 28(d)(1) or applicable to each classification under Elections 28(d)(1)b. 28(d)(2) or c. (3) for the allocation Plan Year.]] Allocation method within each classification. Allocate the Nonelective Contribution within each classification as follows (select one of (4), (5), or (6); skip if 28(d)(1) is elected):

Appears in 2 contracts

Samples: Adoption Agreement, Adoption Agreement

401(k). 1(a)(61(a)-(6) apply and the allocation method should not result in a cash or deferred election for the self-employed Participant. The Employer by the due date of its tax return (including extensions) must advise the Plan Administrator or Trustee in writing as to the allocation rate applicable to each Participant under Election 28(d)(1)a. 28(d)(1) or applicable to each classification under Elections 28(d)(1)b. 28(d)(2) or c. (3) for the allocation Plan Year. Under Election 28(d)(1), the Employer may decide from year to year the classification (allocation rate) applicable to each Participant, without the need to amend the Plan to change the classification.]

Appears in 1 contract

Samples: Prudential Adoption Agreement (Firstmerit Corp /Oh/)

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401(k). 1(a)(6) apply and the allocation method should not result in a cash or deferred election for the self-employed self‑employed Participant. The Employer by the due date of its tax return (including extensions) must advise the Plan Administrator or Trustee in writing as to the allocation rate applicable to each Participant under Election 28(d)(1)a. 28(d)(1) or applicable to each classification under Elections 28(d)(1)b. 28(d)(2) or c. (3) for the allocation Plan Year. Under Election 28(d)(1), the Employer may decide from year to year the classification (allocation rate) applicable to each Participant, without the need to amend the Plan to change the classification.]

Appears in 1 contract

Samples: Finisar Corp

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