Common use of ALLOCATION OF MATCHING CONTRIBUTIONS Clause in Contracts

ALLOCATION OF MATCHING CONTRIBUTIONS. (a) Any contribution made by an Adopting Company for a Plan Year shall first be allocated to the Matching Contribu tions Accounts of those Participants employed thereby who have been credited with a Year of Service for such Year as follows: (1) For the Plan Year ending June 30, 1990, if the High Average Actual Deferral Percentage for such Plan Year would exceed the higher of the two Percentage Limitations described in Section 4.5(b), the portion of such Adopting Company's contribution for such Year which equals the smal lest aggregate amount which, when allocated to the Matching Contributions Accounts of those Partici pants employed thereby who are Non-Highly Compensated Employees in the same ratios which each such Participant's Salary Reduction Contribution for such Year bears to the aggregate of the Salary Reductions Contributions of all of such Participants and included as constituting Salary Reduction Contributions of such Participants in computing the Low Average Actual Deferral Percentage, will result in the High Ave rage Actual Deferral Percentage meeting one of such Percentage Limitations shall be allocated to the Matching Company Contributions Accounts of such Participants who are Non-Highly Compensated Employees. By so providing, each Adopting Company intends that any amount allocated to the Matching Contributions Account of a Participant who is a Non-Highly Compensated Employee pursuant to the provisions of this Section 5.1(a)(1) constitute a qualified nonelective contribution. Accordingly, all of such amounts shall be deemed to constitute Salary Reduction Contributions for purposes hereof. (2) For Plan Years beginning after June 30, 30, 1990, the portion of such Adopting Company's contribution which equals the aggregate amount which, when allocated to the Matching Contributions Account of each Participant employed thereby on the basis of One Dollar ($1.00) for each One Dollar ($1.00) of such Participant's ▇▇▇ ▇▇▇ Reduction Contribution for such Year up to but not exceeding Two Hundred Dollars ($200.00), or such other amount as the Sponsoring Company may specify for such Plan Year (the "Dollar For Dollar Match Limit"), shall be allocated to each such Participant's Matching Contributions Account. All of such amounts shall be deemed to constitute Salary Reduction Contributions for all purposes hereof other than the provisions of Section 5.1(a)(4); thereafter, for succeeding Plan Years beginning after June 30, 1991, the portion of such Adopting Company's contribution which equals the aggregate amount which, when allocated to the Matching Contributions Account of each Participant employed thereby on the basis of Fifty Cents ($0.50) for each One Dollar ($1.00) of such Participant's Salary Reduction Contribution for such Year up to but not to exceed Four Hundred Dollars ($400.00), or such other amount as the Sponsoring Company may specify for such Plan Year (the "50% Match Limit"), shall be allocated to each such Participant's Matching Contributions Account. All of such amounts shall be deemed to constitute Salary Reduction Contributions for all purposes hereof other than the provisions of Section 5.1(a)(4).

ALLOCATION OF MATCHING CONTRIBUTIONS. (a) Any contribution made by an Adopting Company for a Plan Year shall first be allocated to the Matching Contribu tions Contributions Accounts of those Participants (i) employed thereby who have been credited with a Year of Service for such Year and (ii) who made Salary Reduction Contributions for the Plan Year as follows: (1) For the Plan Year ending Years beginning after June 30, 19901998, the portion of such Adopting Company's contribution which equals the aggregate amount which, when allocated to the Matching Contributions Account of each Participant employed thereby on the basis of Fifty Cents ($0.50) for each One Dollar ($1.00) of such Participant's ▇▇▇ ▇▇▇ Reduction Contribution for such Year up to but not exceeding One Thousand Dollars ($1,000.00) ($0.50 x $1,000.00 = $500.00 maximum), or such other amount as the Sponsoring Company may specify for such Plan Year, shall be allocated to each such Participant's Matching Contributions Account. All of such amounts shall be deemed to constitute Salary Reduction Contributions for all purposes hereof other than the provisions of Section 5.1(a)(5) (2) Next, for Plan Years beginning after June 30, 1998, the portion of such Adopting Company's contribution which equals the aggregate amount which, when allocated to the Matching Contributions Account of each Participant employed thereby on the basis of Thirty Cents ($0.30) for each One Dollar ($1.00) of such Participant's Salary Reduction Contribution for such Year exceeding One Thousand Dollars ($1,000.00) up to but not to exceed Three Thousand Dollars ($3,000.00) ($0.30 x $2,000.00 = $600.00 maximum), or such other amount as the Sponsoring Company may specify for such Plan Year, shall be allocated to each such Participant's Matching Contributions Account. All of such amounts shall be deemed to constitute Salary Reduction Contributions for all purposes hereof other than the provisions of Section 5.1(a)(5). (3) Next, for Plan Years beginning after June 30, 1998, the portion of Penhall Company's contribution which equals the aggregate amount which, when allocated to the Matching Contributions Account of each Participant employed by Penhall Company dba Highway Services (and only that division of the Sponsoring Company) on the basis of Thirty Cents ($0.30) for each One Dollar ($1.00) of such Participant's Salary Reduction Contribution for such Year exceeding Three Thousand Dollars ($3,000.00) up to but not to exceed Six Thousand Dollars ($6,000.00) ($0.30 x $3,000.00 = $900.00 maximum), or such other amount as the Sponsoring Company may specify for such Plan Year, shall be allocated to each such Participant's Matching Contributions Account. All of such amounts shall be deemed to constitute Salary Reduction Contributions for all purposes hereof other than the provisions of Section 5.1(a)(5). (4) Next, for Plan Years beginning after June 30, 1998, if the High Average Actual Deferral Percentage Per centage for such Plan Year would exceed the higher of the two Percentage Limitations described in Section 4.5(b), the portion of such Adopting Company's contribution for such Year which equals the smal lest smallest aggregate amount which, when allocated to the Matching Contributions Accounts of those Partici pants Participants employed thereby who are Non-Highly Compensated Employees in the same ratios which each such Participant's Salary Reduction Contribution for such Year bears to the aggregate of the Salary Reductions Contributions of all of such Participants and included as constituting Salary Reduction Contributions of such Participants in computing the Low Average Actual Deferral Percentage, will result in the High Ave rage Average Actual Deferral Percentage meeting one of such Percentage Limitations shall be allocated to the Matching Company Contributions Accounts of such Participants who are Non-Highly Compensated Employees. By so providing, each Adopting Company intends that any amount allocated to the Matching Contributions Account of a Participant who is a Non-Highly Compensated Employee pursuant to the provisions of this Section 5.1(a)(15.1(a)(4) constitute a qualified nonelective contribution. Accordingly, all of such amounts shall be deemed to constitute Salary Reduction Contributions for purposes hereof. (25) For Lastly, if the contribution made by an Adopting Company for any Plan Years beginning Year ending after June 30, 301998, 1990exceeds the amount, the portion of such Adopting Company's contribution which equals the aggregate amount whichif any, when required to be allocated to the Matching Contributions Account Accounts of each Participant employed thereby on Participants pursuant to the basis provisions of One Dollar ($1.00) for each One Dollar ($1.00) of such Participant's ▇▇▇ ▇▇▇ Reduction Contribution for such Year up to but not exceeding Two Hundred Dollars ($200.00Sections 5.1(a)(1), or such other amount as the Sponsoring Company may specify for such Plan Year (the "Dollar For Dollar Match Limit"5.1(a)(2) and 5.1(a)(3), shall plus the amount, if any, required to be allocated to each such Participant's the Matching Contributions Account. All accounts of such amounts shall be deemed Participants who are Non-Highly Compensated Employees pursuant to constitute Salary Reduction Contributions for all purposes hereof other than the provisions of Section 5.1(a)(4); thereafter, for succeeding Plan Years beginning after June 30, 1991, the portion balance of such Adopting Company's contribution which equals the aggregate amount which, when contributions for such Year shall be allocated to the Matching Contributions Account Accounts of each Participant all Participants employed thereby on who have been credited with a Year of Service for such Year in the basis of Fifty Cents ($0.50) for same ratios that each One Dollar ($1.00) of such Participant's Salary Reduction Contribution for the Year bears to the Salary Reduction Contributions of all Participants employed thereby for such Year; pro vided, however, that the Salary Reduction Contribution for such Year up to but not to exceed Four Hundred Dollars ($400.00), or such other amount as the Sponsoring Company may specify for such Plan Year (the "50% Match Limit"), shall be allocated to of each such Participant's Matching Contributions Account. All of such amounts Participant who is a Non-Highly Compensated Employee shall be deemed to constitute Salary Reduction Contributions for all purposes hereof other than include the amount, if any, required to be allocated to the Matching Contribution Account of such Participant pursuant to the provisions of Section 5.1(a)(4). By so providing, each Adopting Company intends to comply with the provisions of Section 401(m)(3) of the Code."