Deemed 125 Compensation. Deemed 125 Compensation means, in the case of any definition of Compensation which includes a reference to Code §125, amounts under a Code §125 plan of the Employer that are not available to a Participant in cash in lieu of group health coverage, because the Participant is unable to certify that he/she has other health coverage. Compensation under this Section 1.11 does not include Deemed 125 Compensation, unless the Employer in Appendix B elects to include Deemed 125 Compensation under this Section 1.11.
Deemed 125 Compensation. Article VII of this amendment shall not apply unless otherwise elected below.
Deemed 125 Compensation. Article VI of this amendment shall not apply unless otherwise elected below. [ ] Article VI of this amendment (Deemed 125 Compensation) shall apply effective as of Plan Years and Limitation Years beginning on or after __________ (insert the later of January 1, 1998, or the first day of the first plan year the Plan used this definition).
Deemed 125 Compensation. If elected, this Article shall apply as of the effective date specified in Section 2.4 of this amendment. For purposes of any definition of compensation under this Plan that includes a reference to amounts under Section 125 of the Code, amounts under Section 125 of the Code include any amounts not available to a Participant in cash in lieu of group health coverage because the Participant is unable to certify that he or she has other health coverage. An amount will be treated as an amount under Section 125 of the Code only if the Employer does not request or collect information regarding the Participant’s other health coverage as part of the enrollment process for the health plan. Except with respect to any election made by the employer in Article II, this amendment is hereby adopted by the prototype sponsor on behalf of all adopting employers on [Sponsor’s signature and Adoption Date are on file with Sponsor] NOTE: The employer only needs to execute this amendment if an election has been made in Article II of this amendment. This amendment has been executed this _________________ day of ______________________________, ________. Name of Plan: America’s Car-Mart, Inc. 401(k) Plan Name of Employer: America’s Car-Mart, Inc. By: _______________________________________ EMPLOYER MANDATORY DISTRIBUTION AMENDMENT (Code Section 401(a)(31)(B))
Deemed 125 Compensation. If elected, this Article shall apply as of the effective date specified in Section 2.4 of this amendment. For purposes of any definition of compensation under this Plan that includes a reference to amounts under Section 125 of the Code, amounts under Section 125 of the Code include any amounts not available to a Participant in cash in lieu of group health coverage because the Participant is unable to certify that he or she has other health coverage. An amount will be treated as an amount under Section 125 of the Code only if the Employer does not request or collect information regarding the Participant’s other health coverage as part of the enrollment process for the health plan. Except with respect to any election made by the employer in Article II, this amendment is hereby adopted by the prototype sponsor on behalf of all adopting employers on: [Sponsor’s signature and Adoption Date are on file with Sponsor] NOTE: The employer only needs to execute this amendment if an election has been made in Article II of this amendment. This amendment has been executed this day of , . Name of Plan: Lexington State Bank Employees’ 401(k) Plan Name of Employer: Lexington State Bank By: EMPLOYER Name of Participating Employer: LSB Investment Services, Inc. By: PARTICIPATING EMPLOYER Name of Participating Employer: Peoples Finance Company of Lexington, Inc. By: PARTICIPATING EMPLOYER MANDATORY DISTRIBUTION AMENDMENT (Code Section 401(a)(31)(B))
Deemed 125 Compensation. A reference to elective contributions under a Code §125 cafeteria plan includes any amounts that are not available to a participant in cash in lieu of group health coverage because the Participant is unable to certify that he or she has other health coverage. Such deemed §125 compensation will be treated as an amount under Code §125 only if the Employer does not request or collect information regarding the Participant’s other health coverage as part of the enrollment process for the health plan. If the Employer elects under AA §5-3(i) to exclude deemed §125 compensation from the definition of Plan Compensation, such exclusion also will apply for purposes of determining Total Compensation under this Section 1.94.
Deemed 125 Compensation. Will Compensation include deemed Code Section 125 compensation? Option 1: ¨ Yes. Option 2: þ No.
Deemed 125 Compensation. If elected, this Article shall apply as of the effective date specified in Section 2.3 of this amendment. For purposes of any definition of compensation under this Plan that includes a reference to amounts under Section 125 of the Code, amounts under Section 125 of the Code include any amounts not available to a Participant in cash in lieu of group health coverage because the Participant is unable to certify that he or she has other health coverage. An amount will be treated as an amount under Section 125 of the Code only if the Employer does not request or collect information regarding the Participant’s other health coverage as part of the enrollment process for the health plan. This amendment has been executed this 29th day of June, 2007. Name of Plan: National Penn Bancshares, Inc. Capital Accumulation Plan Name of Employer: National Penn Bancshares, Inc. By:______/s/ Xxxx Xxxxxxxxxxx ________ EMPLOYER Name of Participating Employer: National Penn Bancshares, Inc., National Penn Bank, National Penn Management Service, LLC By:________ /s/ Xxxx Xxxxxxxxxxx _______ PARTICIPATING EMPLOYER MANDATORY DISTRIBUTION AMENDMENT (Code Section 401(a)(31)(B))
Deemed 125 Compensation. If elected in Appendix A to the Adoption Agreement (Special Effective Dates and Other Permitted Elections), amounts under Code §125 shall be deemed to include any amounts not available to a Participant in cash in lieu of group health coverage because the Participant is unable to certify that he or she has other health coverage. An amount will be treated as an amount under Code §125 pursuant to the preceding sentence only if the Employer does not request or collect information regarding the Participant's other health coverage as part of the enrollment process for the health plan.
Deemed 125 Compensation. If elected, this Article shall apply as of the effective date specified in Section 2.3 of this amendment. For purposes of any definition of compensation under this Plan that includes a reference to amounts under Section 125 of the Code, amounts under Section 125 of the Code include any amounts not available to a Participant in cash in lieu of group health coverage because the Participant is unable to certify that he or she has other health coverage. An amount will be treated as an amount under Section 125 of the Code only if the Employer does not request or collect information regarding the Participant’s other health coverage as part of the enrollment process for the health plan. This amendment has been executed this 1st day of January, 2008. Name of Plan: THE J. XXXX GROUP 401(k) PLAN Name of Employer: The Talbots Group, LP By: /s/ Xxxx Xxxxx, III EMPLOYER Name of Participating Employer: J. Xxxx, LLC By: /s/ Xxxx Xxxxx, III PARTICIPATING EMPLOYER 401(a)(9) MODEL AMENDMENT TO THE THE J. XXXX GROUP 401(K) PLAN 401(a)(9) - Sponsor MINIMUM DISTRIBUTION REQUIREMENTS AMENDMENT
