BASIC PLAN OVERRIDES Clause Samples
BASIC PLAN OVERRIDES. The Employer elects or does not elect to override various basic plan provisions as follows (Choose (a) or choose one or more of (b) through (i) as applicable): [Note: If the Employer elects 45(a), do not complete the balance of this Election 45.]
(a) [ ] Not applicable. The Employer does not elect to override any basic plan provisions. [Note: The Employer at the time of restating its Plan with this Adoption Agreement may make an election on Appendix A (Election 44(o)) to specify a special Effective Date for any override provision the Employer elects in this Election 45. If the Employer, after it has executed this Adoption Agreement, later amends its Plan to change any election on this Appendix B, the Employer should document the Effective Date of the Appendix B amendment on the Execution Page or otherwise in the amendment.]
(b) [ ] Definition (Article I) overrides. (Choose one or more of (1) through (9) as applicable):
(1) [ ] W-2 Compensation exclusion of paid/reimbursed moving expenses (1.11(B)(1)). W-2 Compensation excludes amounts paid or reimbursed by the Employer for moving expenses incurred by an Employee, but only to the extent that, at the time of payment, it is reasonable to believe that the Employee may deduct these amounts under Code §217.
(2) [ ] Alternative (general) 415 Compensation (1.11(B)(4)). The Employer elects to apply the alternative (general) 415 definition of Compensation in lieu of simplified 415 Compensation. As to amounts received from an unfunded nonqualified deferred compensation plan which is includible in gross income in the taxable year of receipt (Choose one of a. or b.):
a. [ ] Include. Include the nonqualified deferred compensation.
b. [ ] Do not include. Do not include the nonqualified deferred compensation.
(3) [ ] Inclusion of Deemed 125 Compensation (1.11(C)). Compensation under Section 1.11 includes Deemed 125 Compensation.
(4) [ ] Inclusion of Post-Severance Compensation (1.11(I) and 4.05(C)(1)). The Plan includes Post-Severance Compensation within the meaning of Prop. Treas. Reg. §1.415(c)-2(e) as described in Sections 1.11(I) and 4.05(C)(1) as follows (Choose one or both of a. and b.):
a. [ ] Include for 415 testing. Include for 415 testing and for other testing which uses 415 Compensation. This provision applies effective as of (specify a date which is no earlier than January 1, 2005).
b. [ ] Include for allocations. Include for allocations as follows (specify affected Contribution Type(s) and any adjustments to ...
BASIC PLAN OVERRIDES. The Employer elects or does not elect to override various basic plan provisions as follows (Choose (a) or choose one or more of (b) through (l) as applicable.):
BASIC PLAN OVERRIDES. The Employer elects or does not elect to override various basic plan provisions as follows (Choose (a) or choose one or more of (b) through (j) as applicable): 55 p. [Note: If the Employer elects 55(a), do not complete the balance of this Election 55.]
(a) [ ] Not applicable. The Employer does not elect to override any basic plan provisions. [Note: The Employer at the time of restating its Plan with this Adoption Agreement may make an election on Appendix A (Election 54(r)) to specify a special Effective Date for any override provision the Employer elects in this Election 55. If the Employer, after it has executed this Adoption Agreement, later amends its Plan to change any election on this Appendix B, the Employer should document the Effective Date of the Appendix B amendment on the Execution Page or otherwise in the amendment.]
(b) [ ] Definition (Article I)