EACA notice. The Plan Administrator annually will provide a notice to each Covered Employee a reasonable period prior to each Plan Year the Employer maintains the Plan as an EACA ("EACA Plan Year"). (i) Deemed reasonable notice/new Participant. The Plan Administrator is deemed to provide timely notice if the Plan Administrator provides the EACA notice at least 30 days and not more than 90 days prior to the beginning of the EACA Plan Year. (ii) Mid‑year notice/new Participant or Plan. If: (A) an Employee becomes eligible to make Elective Deferrals in the Plan during an EACA Plan Year but after the Plan Administrator has provided the annual EACA notice for that Plan Year; or (B) the Employer adopts mid‑year a new Plan as a EACA, the Plan Administrator must provide the EACA notice no later than the date the Employee becomes eligible to make Elective Deferrals. However, if it is not practicable for the Plan Administrator to provide the notice on or before the date an Employee becomes a Participant, then the notice nonetheless will be treated as provided timely if the Plan Administrator provides the notice as soon as practicable after that date and the Employee is permitted to elect to defer from all types of Compensation that may be deferred under the Plan earned beginning on that date.
Appears in 1 contract
Sources: Defined Contribution Prototype Plan and Trust Agreement (Bob Evans Farms Inc)
EACA notice. The Plan Administrator annually will provide a notice to each Covered Employee Participant a reasonable period prior to each Plan Year plan year the Employer maintains the Plan as an EACA ("EACA Plan Year").
(ia) Deemed reasonable notice/new Participant. The Plan Administrator is deemed to provide timely notice if the Plan Administrator provides the EACA notice at least 30 days and not more than 90 days prior to the beginning of the EACA Plan Year.
(iib) Mid‑year Mid-year notice/new Participant or Plan. If: (Aa) an Employee becomes eligible to make Elective Deferrals Salary Reduction Contributions in the Plan during an EACA Plan Year but after the Plan Administrator has provided the annual EACA notice for that Plan Yearplan year; or (Bb) the Employer adopts mid‑year mid-year a new Plan as a an EACA, the Plan Administrator must provide the EACA notice no later than the date the Employee becomes eligible to make Elective DeferralsSalary Reduction Contributions. However, if it is not practicable for the Plan Administrator notice to provide the notice be provided on or before the date an Employee becomes a Participant, then the notice will nonetheless will be treated as provided timely if the Plan Administrator provides the notice it is provided as soon as practicable after that date and the Employee is permitted to elect to defer from all types of Compensation that may be deferred under the Plan earned beginning on that date.
Appears in 1 contract
Sources: Adoption Agreement for Eligible Governmental 457 Plan