Common use of Additional Allocations Clause in Contracts

Additional Allocations. Unless specified otherwise in the Adoption Agreement, in the event that the allocations made pursuant to subsections (a), (b), (c), (e) or (f) of this Section 4.06, would result in a failure to satisfy the requirements of Code section 410(b), or of the regulations thereunder, the Plan Administrator may determine that an additional number of Nonhighly Compensated Employees shall be eligible to share in the allocation made under such subsections. Such additional number of such Nonhighly Compensated Employees shall be the minimum number necessary to enable the Plan to qualify under Code section 410(b). Such additional Nonhighly Compensated Employees who shall be eligible to share in such allocation shall be selected in the following order: (1) first, from among such Participants who were employed on the last day of the Plan Year and who failed to complete a Year of Service in the Plan Year; (2) then, from among such Participants who were not employed on the last day of the Plan Year, ranked in order of those who have completed the largest number of Hours of Service.

Additional Allocations. Unless specified otherwise in the Adoption Agreement, in the event that the allocations made pursuant to subsections (a), (b), (c), (e) or (f) of this Section 4.06, would result in a failure to satisfy the requirements of Code section 410(b), or of the regulations Regulations thereunder, the Plan Administrator may determine that an additional number of Nonhighly Compensated Employees shall be eligible to share in the allocation made under such subsections. Such additional number of such Nonhighly Compensated Employees shall be the minimum number necessary to enable the Plan to qualify under Code section 410(b). Such additional Nonhighly Compensated Employees who shall be eligible to share in such allocation shall be selected in the following order: (1) first, from among such Participants who were employed on the last day of the Plan Year and who failed to complete a Year of Service in the Plan Year; (2) then, from among such Participants who were not employed on the last day of the Plan Year, ranked in order of those who have completed the largest number of Hours of Service.