ALLOCATION CONDITIONS (3 Clause Samples

ALLOCATION CONDITIONS (3. 06(B)/(C)). The Plan does not apply any allocation conditions to: (i) Elective Deferrals; (ii) Safe Harbor Contributions; (iii) commencing as of the Final 401(k) Regulations Effective Date, Additional Matching Contributions which will satisfy the ACP test safe harbor; (iv) Employee Contributions; (v) Rollover Contributions; (vi) Designated IRA Contributions; (vii) SIMPLE Contributions; or (viii) Prevailing Wage Contributions, except as may be required by the Prevailing Wage Contract.. To receive an allocation of Matching Contributions, Nonelective Contributions or Participant forfeitures, a Participant must satisfy the following allocation condition(s) (Choose one of (a) or (b). Choose (c) if applicable.): (a) [ ] No conditions. No allocation conditions apply to Matching Contributions, to Nonelective Contributions or to forfeitures. (b) [ ] Conditions. The following allocation conditions apply to the designated Contribution Type and/or forfeitures (Choose one or more of (1) through (7). Choose Contribution Type as applicable.): [Note: For this Election 31, except as the Employer describes otherwise in Election 31(b)(7) or as provided in Sections 3.03(C)(2) and 3.04(C)(2) regarding Operational QMACs and Operational QNECs, Matching includes all Matching Contributions and Nonelective includes all Nonelective Contributions to which allocation conditions may apply. The Employer under Election 31(b)(7) may not impose an Hour of Service condition exceeding 1,000 Hours of Service in a Plan Year.] SAMPLE (1) (2) (3) (4) Matching, Nonelective and Forfeitures Matching Nonelective Forfeitures (1) [ ] None. N/A [ ] [ ] [ ] (2) [ ] 501 HOS/terminees (91 consecutive days if [ ] OR [ ] [ ] [ ] Elapsed Time). See Section 3.06(B)(1)(b). (3) [ ] Last day of the Plan Year. [ ] OR [ ] [ ] [ ] (4) [ ] Last day of the Election 31(c) time period. [ ] OR [ ] [ ] [ ] (5) [ ] 1,000 HOS in the Plan Year (182 consecutive [ ] OR [ ] [ ] [ ] days in Plan Year if Elapsed Time). (6) [ ] (specify) HOS within the Election [ ] OR [ ] [ ] [ ] 31(c) time period, (but not exceeding 1,000 HOS in a Plan Year). (7) [ ] Describe conditions: (e.g., Last day of the Plan Year as to Nonelective Contributions for Participating Employer "A" Participants. No allocation conditions for Participating Employer "B" Participants.)

ALLOCATION CONDITIONS (3