Expansion of Correction Method to Partial Year Exclusion Clause Samples

The "Expansion of Correction Method to Partial Year Exclusion" clause extends the application of a correction method, originally designed for full-year scenarios, to situations where only part of a year is relevant. In practice, this means that if an error or adjustment needs to be made for a period shorter than a full year—such as a mid-year change in circumstances or eligibility—the same correction principles can be applied proportionally to that partial period. This clause ensures that corrections are handled consistently regardless of the time frame, thereby providing flexibility and fairness in addressing errors or adjustments that do not span an entire year.
Expansion of Correction Method to Partial Year Exclusion. (A) In General. The correction method in Appendix A, section .05 is expanded to cover an employee who was improperly excluded from electing and making elective deferrals (other than designated ▇▇▇▇ contributions) or after-tax employee contributions (other than designated ▇▇▇▇ contributions) for a portion of a plan year or from receiving matching contributions (on either elective deferrals or after-tax employee contributions) for a portion of a plan year. In such case, a permitted correction method for the failure is for the employer to satisfy this section 2.02(1)(a)(ii). The employer makes a corrective contribution on behalf of the excluded employee that satisfies the vesting requirements and distribution limitations of § 401(k)(2)(B) and (C). The method and examples described to correct the failure to include otherwise eligible employees do not apply until after correction of other qualification failures. Thus, for example, the corrections described in the narrative and examples in this section cannot be used until after correction of ADP or ACP test failures.
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Expansion of Correction Method to Partial Year Exclusion. (A) In General. The correction method in Appendix A, section .05 is expanded to cover an employee who was improperly excluded from electing and making elective deferrals (including designated ▇▇▇▇ contributions) or after-tax employee contributions for a portion of a plan year or from receiving matching contributions (on either elective deferrals or after-tax employee contributions) for a portion of a plan year. In such case, a permitted correction method for the failure is for the Employer to satisfy this section 2.02(1)(a)(ii). The Employer makes a QNEC on behalf of the excluded employee. The method and examples described to correct the failure to include otherwise eligible employees do not apply until after correction of other qualification failures. Thus, for example, in the case of a § 401(k) plan that does not apply the safe harbor contribution requirements of § 401(k)(12) or § 401(k)(13) the correction for improperly excluding an employee from making elective deferrals, as described in the narrative and the examples in this section cannot be used until after correction of the ADP test failure. (See Appendix A .05(2)(g).)
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Expansion of Correction Method to Partial Year Exclusion. (A) In General. The correction method in Appendix A, section .05 is expanded to cover an employee who was improperly excluded from making elective deferrals or employee after-tax contributions for a portion of a plan year or from receiving matching contributions (on either elective deferrals or employee after-tax contributions) for a portion of a plan year. In such case, a permitted correction method for the failure is for the employer to satisfy this section 2.02(1)(a)(ii). The employer makes a corrective contribution on behalf of the excluded employee that satisfies the vesting requirements and distribution limitations of § 401(k)(2)(B) and (C).
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Related to Expansion of Correction Method to Partial Year Exclusion

  • Modified Work/Return to Work (a) The parties recognize the duty of reasonable accommodation for individuals under the Human Rights Code of Ontario and agree that this Collective Agreement will be interpreted in such a way as to permit the Employer and the Union to discharge that duty. (b) If an employee becomes disabled, including WSIB, with the result that she is unable to perform the regular functions of her position, the Employer may determine a special classification and salary, with the hope of providing an opportunity for continued employment. Positions established under this article will not constitute new classifications and shall lapse upon the termination, resignation, or retirement of the employee in question. (c) Prior to any disabled employee returning to work from a disability including WSIB to a modified/light/alternate work program, the Employer will notify and meet with members of the bargaining unit executive to consult on a back to work program for the worker. Any agreement resulting from these discussions which conflicts with the collective agreement shall, subject to agreement by the Union, prevail over any provision of this agreement in the event of a conflict. Nothing in this language obligates the Employer to establish a modified/ light/alternative work program, except as required by law.

  • DOES THE SPR NEED TO BE UPDATED IF INFORMATION CHANGES Yes. It remains a continuing obligation of the principal or his/her authorized agent to update the SPR whenever any of the information provided on the initial form changes. The SPR needs to be filed with the County Department or County Division processing the application or matter. If and when an additional expenditure is incurred subsequent to the initial filing of the SPR, an amended SPR needs to be filed with the County Department or County Division where the original application, including the initial SPR, was filed. In most cases, the initial SPR needs to be filed with the other application forms. The SPR and any update must be filed with the appropriate County Department or County Division not less than seven (7) days prior to the BCC hearing date so that they may be incorporated into the BCC agenda packet. (See Section 2-354(b), Orange County Code.) When the matter is a discussion agenda item or is the subject of a public hearing, and any additional expenditure occurs less than 7 days prior to BCC meeting date or updated information is not included in the BCC agenda packet, the principal or his/her authorized agent is obligated to verbally present the updated information to the BCC when the agenda item is heard or the public hearing is held. When the matter is a consent agenda item and an update has not been made at least 7 days prior to the BCC meeting or the update is not included in the BCC agenda packet, the item will be pulled from the consent agenda to be considered at a future meeting.

  • Construction Methods 3.1 The Contractor shall provide all tools, equipment, materials, labor and work for the excavation and removal of the unsuitable subgrade soils and their subsequent replacement with the specified backfill soils as directed by the Owner’s representative. All work under this item shall be performed in a safe and workmanlike manner. 3.2 All work shall be performed in accordance with DelDOT Standard Specifications Section 821. 3.3 Following the removal of existing pavements, the Owner’s representative will review the exposed subgrade and provide recommendations for the undercutting of unsuitable subgrade materials as required. The depth and extent of undercut excavation, if required, will be determined by the Owner’s representative at the time of excavation. 3.4 All excavated materials shall become the property of the Contractor and be removed from the site at the completion of the project at no additional expense to the Owner. 3.5 Undercut excavations should be backfilled with graded aggregate. Backfill shall be placed in loose lifts not exceeding 8 inches thick. Each lift should be compacted with at least 3 passes of a minimum 5-ton, walk-behind or self-propelled vibratory roller when the size of the area permits, or with a vibrating plate mechanical compactor for smaller areas. Lift thickness shall be reduced to 6 inch loose lift when using a vibratory plate compactor. 3.6 The Contractor shall take precautions as necessary to minimize the potential for disturbance or softening of the pavement subgrade materials from inclement weather or construction traffic. As a minimum, this shall include the placement of backfill on the same day as the excavation. Any soft areas which develop shall be undercut and replaced with graded aggregate at no additional cost to the Owner. 3.7 Where undercutting is performed, the geotextile fabric shall be installed. The fabric should be pulled tight and lapped a minimum of 12 inches.

  • Alternate Work Schedule An alternate work schedule is any work schedule where an employee is regularly scheduled to work five (5) days per week, but the employee’s regularly scheduled two (2) days off are NOT Saturday and Sunday.

  • RDO Schedule/ Working Day Calendar (a) The Employer recognises that hours accrued in accordance with clause 38 create a bank of hours to be drawn upon by the Employee, as a paid RDO. The Employer recognises that Employees are entitled to take off days accrued in accordance with this clause. (b) The agreed indicative RDO/Working Day Calendars for 2024 to 2029 are attached at Appendix D of this Agreement. (c) For the avoidance of doubt, nothing in the arrangement for an indicative RDO / Working Day Calendar is intended to impose a limit on the ability of the Employer to determine with its Employees when and where work can be performed to meet operational requirements or otherwise limit the Employer’s right to manage its business and improve productivity.