Common use of Defined Contribution Plan Fraction Clause in Contracts

Defined Contribution Plan Fraction. For Limitation Years beginning before January 1, 2000, a fraction, the numerator of which is the sum of the Annual Additions to the Participant's account under all the Defined Contribution Plans (whether or not terminated) maintained by the Employer for the current and all prior Limitation Years (including the Annual Additions attributable to the Participant's nondeductible Employee contributions to all Defined Benefit Plans, whether or not terminated, maintained by the Employer, and the Annual Additions attributable to all Welfare Benefit Funds as defined in paragraph 1.116, individual medical accounts as defined in Code Section 415(l)(2) and Simplified Employee Pension Plans as defined in paragraph 1.99, maintained by the Employer), and the denominator of which is the sum of the maximum aggregate amounts for the current and all prior Limitation Years of Service with the Employer (regardless of whether a Defined Contribution Plan was maintained by the Employer). The maximum aggregate amount in the Limitation Year is the lesser of 125% of the dollar limitation determined under Code Sections 415(b) and (d) in effect under Code Section 415(c)(1)(A) or 35% of the Participant's Compensation for such year. Transitional Rule If an Employee was a Participant as of the end of the first day of the first Limitation Year beginning after 1986, in one or more Defined Contribution Plans maintained by the Employer which were in existence on May 6, 1986, the numerator of this fraction will be adjusted if the sum of this fraction and the Defined Benefit Fraction would otherwise exceed 1.0 under the terms of this Plan. Under the adjustment, an amount equal to the product of the excess of the sum of the fractions over 1.0 multiplied by the denominator of this fraction, will be permanently subtracted from the numerator of this fraction. The adjustment is calculated using the fractions as they would be computed as of the end of the last Limitation Year beginning before 1987, and disregarding any changes in the terms and conditions of the Plan made after May 6, 1986, but using the Code Section 415 limitation applicable to the first Limitation Year beginning on or after January 1, 1987. The Annual Addition for any Limitation Year beginning before 1987, shall not be re-computed to treat all Employee contributions as Annual Additions.

Defined Contribution Plan Fraction. For Limitation Years beginning before January 1, 2000, a A fraction, the numerator of which is the sum of the Annual Additions to the Participant's account accounts under all the Defined Contribution Plans defined contribution plans (whether or not terminated) maintained by the Employer for the current and all prior Limitation Years (including the Annual Additions attributable to from (i) the Participant's nondeductible Employee employee contributions to all Defined Benefit Plans, defined benefit plans (whether or not terminated), (ii) "welfare benefit funds" (as defined in Section 419(e) of the Code) maintained by the Employer, and the Annual Additions attributable to all Welfare Benefit Funds (iii) "individual medical accounts" (as defined in paragraph 1.116, individual medical accounts Section 415(1)(2) of the Code) maintained by the Employer and (iv) "simplified employee pensions" (as defined in Code Section 415(l)(2408(k) and Simplified Employee Pension Plans as defined in paragraph 1.99, of the Code) maintained by the Employer), and the denominator of which is the sum of the maximum aggregate amounts for the current and all prior Limitation Years of Service service with the Employer (regardless of whether the Employer maintained a Defined Contribution Plan was maintained by the Employerdefined contribution plan). The maximum aggregate amount in the any Limitation Year is the lesser of 125% of the dollar limitation determined limit under Code Sections Section 415(b) and (d) of the Code in effect under Code Section 415(c)(1)(A) of the Code or 35% of the Participant's Compensation for such yearthat Year. Transitional Rule If an the Employee was a Participant as of the end of the first day of the first Limitation Year beginning after December 31, 1986, in one or more Defined Contribution Plans defined contribution plans maintained by the Employer which were in existence existed on May 6, 1986, the numerator of this fraction will be Fraction is adjusted if the sum of this fraction Fraction and the Defined Benefit Plan Fraction would otherwise exceed 1.0 under the terms of this Plan. Under the adjustment, an amount equal to the product of (1) the excess of the sum of the fractions Fractions over 1.0 1.0, multiplied by (2) the denominator of this fractionFraction, will be is permanently subtracted from the numerator of this fractionFraction. The adjustment is calculated using the fractions Fractions as they would be computed as of the end of the last Limitation Year beginning before January 1, 1987, and disregarding any changes in the terms and conditions of the Plan made after May 65, 1986, but using the Code limit under Section 415 limitation applicable to of the Code that applied on the first Limitation Year beginning on or after January 1, 1987. The Annual Addition for any Limitation Year beginning before January 1, 1987, shall is not be re-computed recomputed to treat all Employee contributions as Annual Additions.

Defined Contribution Plan Fraction. For Limitation Years beginning before January 1, 2000, a A fraction, the numerator of which is the sum of the Annual Additions credited to the a Participant's account accounts under all the Defined Contribution Plans defined contribution plans (whether or not terminated) maintained by the Employer for the current and all prior Limitation Years (including the any Annual Additions attributable to the Participant's nondeductible Employee employee contributions to all Defined Benefit Plansany defined benefit plans, whether or not terminated, maintained by the Employer, Employer and the any Annual Additions attributable to all Welfare Benefit Funds as defined in paragraph 1.116any welfare benefit funds, individual medical accounts as defined in Code Section 415(l)(2) and Simplified Employee Pension Plans as defined in paragraph 1.99, simplified employee pensions maintained by the Employer), ) and the denominator of which is the sum of the maximum aggregate amounts for the current and all prior Limitation Years of Service service with the Employer (regardless of whether a Defined Contribution Plan defined contribution plan was maintained by the Employer). The maximum aggregate amount in the for any Limitation Year is the lesser of 125% 125 percent of the dollar limitation determined under Code Sections 415(b) and (d) of the Code in effect under Code Section 415(c)(1)(A) of the Code or 35% 35 percent of the Participant's Compensation for such year. Transitional Rule If an Employee Notwithstanding the above, if the Participant was a Participant participant as of the end of the first day of the first Limitation Year beginning after December 31, 1986, in one or more Defined Contribution Plans defined contribution plans maintained by the Employer which were in existence on May 6, 1986, the numerator of this fraction will the Defined Contribution Plan Fraction shall be adjusted if the sum of this such fraction and the Defined Benefit Plan Fraction would otherwise exceed 1.0 under the terms of this Plan. Under the this adjustment, an amount equal to the product of (i) the excess of the sum of the fractions Defined Benefit and Defined Contribution Plan Fractions over 1.0 multiplied by times (ii) the denominator of this fraction, will the Defined Contribution Plan Fraction shall be permanently subtracted from the numerator of this fractionthe Defined Contribution Plan Fraction. The This adjustment is shall be calculated using the fractions Defined Benefit and Defined Contribution Plan Fractions as they would be computed have been calculated as of the end of the last Limitation Year beginning before January 1, 1987, and disregarding any changes in the terms and conditions of the Plan plan made after May 65, 1986, but using the Code Section 415 limitation applicable to the first Limitation Year beginning on or after January 1, 1987. The Annual Addition Additions for any Limitation Year beginning before January 1, 1987, shall not be re-computed recomputed to treat all Employee employee contributions as Annual Additions.

Defined Contribution Plan Fraction. For a Limitation Years beginning before January 1, 2000Year, a fraction, (a) the numerator of which is the sum of the Participant's Annual Additions to the Participant's account under all the Defined Contribution Plans defined contribution plans (whether or not terminated) maintained by the Employer for the current year and all prior Limitation Years (including annual additions attributable to the Participant's nondeductible employee contributions to all defined benefit plans (whether or not terminated) maintained by the Employer and the Annual Additions attributable to the Participant's nondeductible Employee contributions to all Defined Benefit Plans, whether or not terminated, maintained by the Employer, and the Annual Additions attributable to all Welfare Benefit Funds welfare benefit funds as defined in paragraph 1.116, under Section 419(e) of the Code or individual medical accounts as defined in Code under Section 415(l)(2) and Simplified Employee Pension Plans as defined in paragraph 1.99of the Code, maintained by the Employer), and (b) the denominator of which is the sum of the maximum aggregate amounts for the current year and all prior Limitation Years of Service with the Employer (regardless of whether a Defined Contribution Plan defined contribution plan was maintained by the Employer). The maximum "Maximum aggregate amount in the Limitation Year is amounts" shall mean the lesser of 125% (i) the product of 1.25 (or such adjustment as required under Section 6.2(D)) and the dollar limitation determined under Code Sections 415(b) and (d) in effect under Code Section 415(c)(1)(A) or 35% of the Participant's Compensation for such yearCode, adjusted as prescribed by the Secretary of the Treasury under Section 415(d) of the Code or (ii) the product of 1.4 and the amount that may be taken into account under Section 415(c)(l)(B) of the Code; provided, however, the Plan Administrator may elect, on a uniform and nondiscriminatory basis, to apply the special transition rule of Section 415(e)(7) of the Code applicable to Limitation Years ending before January l, l983 in determining the denominator of the Defined Contribution Plan Fraction. Transitional Rule If an the Employee was a Participant as of the end of the first day of the first Limitation Year beginning after December 31, 1986, in one or more Defined Contribution Plans defined contribution plans maintained by the Employer which were in existence on May 6, 1986, the numerator of this fraction will be adjusted if the sum of this fraction and the Defined Benefit Fraction would otherwise exceed 1.0 under the terms of this Plan. Under the adjustment, an amount equal to the product of the excess of the sum of the fractions over 1.0 multiplied by the denominator of this fraction, will be permanently subtracted from the numerator of this fraction. The adjustment is calculated using the fractions as they would be computed as of the end of the last Limitation Year beginning before 1987, and disregarding any changes in the terms and conditions of the Plan made after May 6, 1986, but using the Code Section 415 limitation applicable to the first Limitation Year beginning on or after January 1, 1987. The Annual Addition for any Limitation Year beginning before 1987, shall not be re-computed to treat all Employee contributions as Annual Additions.================================================================================ 187 22 ▇▇▇▇▇▇ FEDERAL SAVINGS BANK

Defined Contribution Plan Fraction. For Limitation Years beginning before January 1, 2000, a A fraction, the numerator of which is the sum of the Annual Additions to the Participant's account accounts under all the Defined Contribution Plans defined contribution plans (whether or not terminated) maintained by the Employer for the current and all prior Limitation Years (including the Annual Additions attributable to from (a) the Participant's nondeductible Employee employee contributions to all Defined Benefit Plans, defined benefit plans (whether or not terminated), (b) "welfare benefit funds" (as defined in Section 419(e) of the Code) maintained by the Employer, and the Annual Additions attributable to all Welfare Benefit Funds (c) "individual medical accounts" (as defined in paragraph 1.116, individual medical accounts Section 415(1)(2) of the Code) maintained by the Employer and (d) "simplified employee pensions" (as defined in Code Section 415(l)(2408(k) and Simplified Employee Pension Plans as defined in paragraph 1.99, of the Code) maintained by the Employer), and the denominator of which is the sum of the maximum aggregate amounts for the current and all prior Limitation Years of Service service with the Employer (regardless of whether the Employer maintained a Defined Contribution Plan was maintained by the Employerdefined contribution plan). The maximum aggregate amount in the any Limitation Year is the lesser of 125% of the dollar limitation determined limit under Code Sections Section 415(b) and (d) of the Code in effect under Code Section 415(c)(1)(A) of the Code or 35% of the Participant's 415 Compensation for such yearthat Year. Transitional Rule If an the Employee was a Participant as of the end of the first day of the first Limitation Year beginning after December 31, 1986, in one or more Defined Contribution Plans defined contribution plans maintained by the Employer which were in existence existed on May 6, 1986, the numerator of this fraction will be Fraction is adjusted if the sum of this fraction Fraction and the Defined Benefit Plan Fraction would otherwise exceed 1.0 under the terms of this Plan. Under the adjustment, an amount equal to the product of (i) the excess of the sum of the fractions Fractions over 1.0 1.0, multiplied by (ii) the denominator of this fractionFraction, will be is permanently subtracted from the numerator of this fractionFraction. The adjustment is calculated using the fractions Fractions as they would be computed as of the end of the last Limitation Year beginning before January 1, 1987, and disregarding any changes in the terms and conditions of the Plan made after May 65, 1986, but using the Code limit under Section 415 limitation applicable to of the Code that applied on the first Limitation Year beginning on or after January 1, 1987. The Annual Addition for any Limitation Year beginning before January 1, 1987, shall is not be re-computed recomputed to treat all Employee contributions as Annual Additions.

Defined Contribution Plan Fraction. For Limitation Years beginning before January 1, 2000, a fractionA Fraction, the numerator of which is the sum of the Annual Additions to the Participant's account under all the Defined Contribution Plans (whether or not terminated) maintained by the Employer for the current and all prior Limitation Years (including the Annual Additions attributable to the Participant's nondeductible Employee contributions to all Defined Benefit Plans, whether or not terminated, maintained by the Employer, and the Annual Additions attributable to all Welfare Benefit Funds Funds, as defined in paragraph 1.116, 1.89 and individual medical accounts accounts, as defined in Code Section 415(l)(2) and Simplified Employee Pension Plans as defined in paragraph 1.99), maintained by the Employer), and the denominator of which is the sum of the maximum aggregate amounts for the current and all prior Limitation Years of Service service with the Employer (regardless of whether a Defined Contribution Plan was maintained by the Employer). The maximum aggregate amount in the Limitation Year is the lesser of 125% 125 percent of the dollar limitation determined under Code Sections 415(b) and (d) in effect under Code Section 415(c)(1)(A) or 35% 35 percent of the Participant's Compensation for such year. Transitional Rule If an the Employee was a Participant as of the end of the first day of the first Limitation Year beginning after 1986, in one or more Defined Contribution Plans maintained by the Employer which were in existence on May 6, 1986, the numerator of this fraction will be adjusted if the sum of this fraction and the Defined Benefit Fraction would otherwise exceed 1.0 under the terms of this Plan. Under the adjustment, an amount equal to the product of (1) the excess of the sum of the fractions over 1.0 multiplied by times (2) the denominator of this fraction, fraction will be permanently subtracted from the numerator of this fraction. The adjustment is calculated using the fractions as they would be computed as of the end of the last Limitation Year beginning before 1987, and disregarding any changes in the terms and conditions of the Plan made after May 6, 1986, but using the Code Section 415 limitation applicable to the first Limitation Year beginning on or after January 1, 1987. The Annual Addition for any Limitation Year beginning before 1987, 1987 shall not be re-computed to treat all Employee contributions Contributions as Annual Additions.

Defined Contribution Plan Fraction. For Limitation Years beginning before January 1, 2000, a A fraction, the numerator of which is the sum of the Annual Additions to the Participant's account Account under all the Defined Contribution Plans (whether or not terminated) maintained by the Employer for the current and all prior Limitation Years (including the Annual Additions attributable to the Participant's nondeductible Employee contributions After-Tax Contributions to all Defined Benefit Plans, whether or not terminated, maintained by the Employer, and the Annual Additions attributable to all Welfare Benefit Funds welfare benefit funds (as defined in paragraph 1.116under Code ?419(e)), individual medical accounts (as defined in under Code Section ?415(l)(2) )), and Simplified Employee Pension Plans SEPs (as defined in paragraph 1.99, under Code ?408(k)) maintained by the Employer), and the denominator of which is the sum of the maximum aggregate amounts amount for the current and all prior Limitation Years of Service during which the Participant performed service with the Employer (regardless of whether a Defined Contribution Plan was maintained by the EmployerEmployer during such years). The maximum aggregate amount in the any Limitation Year is the lesser of 125% of: (i) 125 percent of the dollar limitation Defined Contribution Dollar Limitation in effect under Code ?415(c)(l)(A) (as determined under Code Sections ??415(b) and (d)) in effect under Code Section 415(c)(1)(Afor such Limitation Year or (ii) or 35% 35 percent of the Participant's Total Compensation for such yearLimitation Year. Transitional Rule If the Plan is a Top-Heavy Plan for any Plan Year, 100% will be substituted for 125% unless in Part 13, #54.b. of the Agreement [Part 13, #72.b. of the Profit Sharing/401(k) Agreement], the Employer provides an extra minimum top-heavy allocation or benefit in accordance with Code ?416(h) and the regulations thereunder. In any event, if the Top-Heavy Ratio exceeds 90%, then 100% will always be substituted for 125%. If the Employee was a Participant as of the end of the first day of the first Limitation Year beginning after December 31, 1986, in one or more Defined Contribution Plans maintained by the Employer which were in existence on May 6, 1986, the numerator of this fraction will be adjusted if the sum of this fraction and the Defined Benefit Plan Fraction would otherwise exceed 1.0 under the terms of this Plan. Under the adjustment, an amount equal to the product of (i) the excess of the sum of the fractions over 1.0 multiplied by the denominator of this fraction, will be permanently subtracted from the numerator of this fraction. The adjustment is calculated using the fractions as they would be computed as of the end of the last Limitation Year beginning before 1987, and disregarding any changes in the terms and conditions of the Plan made after May 6, 1986, but using the Code Section 415 limitation applicable to the first Limitation Year beginning on or after January 1, 1987. The Annual Addition for any Limitation Year beginning before 1987, shall not be re-computed to treat all Employee contributions as Annual Additions.times