Factors Considered. Factors include: (1) the steps taken by the Plan Sponsor to ensure that the plan had no failures; (2) the steps taken to identify failures that may have occurred; (3) the extent to which correction had progressed before the examination was initiated, including full correction; (4) the number and type of employees affected by the failure; (5) the number of nonhighly compensated employees who would be adversely affected if the plan were not treated as qualified or as satisfying the requirements of § 403(b), § 408(k) or § 408(p); (6) whether the failure is a failure to satisfy the requirements of § 401(a)(4), § 401(a)(26), or § 410(b), either directly or through § 403(b)(12); (7) the period over which the failure(s) occurred (for example, the time that has elapsed since the end of the applicable remedial amendment period under § 401(b) for a Plan Document Failure; and (8) the reason for the failure(s) (for example, data errors such as errors in transcription of data, the transposition of numbers, or minor arithmetic errors). Factors relating only to Qualified Plans also include: (1) whether the plan is the subject of a Favorable Letter; (2) whether the plan has both Operational and other failures; (3) the extent to which the plan has accepted Transferred Assets, and the extent to which the failure(s) relate to Transferred Assets and occurred before the transfer; and
Factors Considered. Factors include: (1) the steps taken by the Plan Sponsor to ensure that the plan had no failures; (2) the steps taken to identify failures that may have occurred; (3) the extent to which correction had progressed before the examination was initiated, including full correction; (4) the number and type of employees affected by the failure; (5) the number of nonhighly compensated employees who would be adversely affected if the plan were not treated as qualified or as satisfying the requirements of § 403(b), § 408(k) or § 408(p); (6) whether the failure is a failure to satisfy the requirements of § 401(a)(4), § 401(a)(26), or § 410(b), either directly or through § 403(b)(12); (7) whether the failure is solely an Employer Eligibility Failure; (8) the period over which the failure(s) occurred (for example, the time that has elapsed since the end of the applicable remedial amendment period under § 401(b) for a Plan Document Failure); and (9) the reason for the failure(s) (for example, data errors such as errors in transcription of data, the transposition of numbers, or minor arithmetic errors). Factors relating only to Qualified Plans also include: (1) whether the plan is the subject of a Favorable Letter; and (2) whether the failure(s) were discovered during the determination letter process. If one of the failures discovered during an Employee Plans examination includes the failure to amend the plan timely for relevant legislation, it is expected that the sanction will be greater than the applicable fee described in section 14.04. An additional factor taken into account with respect to a participant loan that did not comply with the requirements of § 72(p)(2) is the extent to which the failure is a result solely of action (or inaction) of the employer or its agents (or to the extent to which the failure is a result of the employee’s or beneficiary’s actions or inaction).
Factors Considered. Except as provided in section 12.01(3) with respect to nonamenders and section 12.01(4) relating to egregious failures, consideration of whether the compliance fee should be equal to, greater than, or less than the presumptive amount will depend on factors relating to the nature, extent, and severity of the failure. These factors include: (a) whether the failure is a failure to satisfy the requirements of □ 401(a)(4), □ 401(a)(26), or □ 410(b),
Factors Considered. Promotions are based upon skill, training, experience, qualifications for the job needed to be done, past job performance and relevant seniority.
Factors Considered. In the case of promotion, demotion and transfer, the Nurse's relative efficiency, performance and ability shall be taken into account. In cases where the above considerations are deemed to be equal as between two (2) or more Nurses and such Nurses are deemed to be capable of performing the work equally, seniority shall be the determining factor.
Factors Considered. At any time during the period of layoff such employee may elect to take a separation allowance pursuant to the terms, conditions and limitations of the Company's Separation Allowance Plan and upon making such an election he shall be deemed to lose his Company and departmental seniority and his employment shall be deemed terminated. If no such election is made and the employee is not recalled upon the expiry of the period of twelve (12) months from the layoff date, his Company and departmental seniority shall be deemed to be lost and his employment shall be deemed to be terminated and he shall receive a separation allowance pursuant to the terms, conditions and limitations of the Company's Separation Allowance Plan. Any amounts paid to an employee pursuant to the Company's Separation Allowance Plan shall be deemed to be inclusive of any amounts to which such employee may be entitled for termination pay or severance under the Employment Standards Act (Ontario).
Factors Considered. In cases of promotion, demotion, transfer, lay-off and recall, seniority shall apply provided the employee concerned has the qualifications, skill and ability to perform the work. In cases where the above considerations are deemed to be relatively equal, as between two (2) or more employees, and such employees are deemed to be capable of performing the work equally, seniority shall be the determining factor. It is understood and agreed that applications from present employees in the bargaining unit will first be considered before any outside applicants are invited or considered by the Employer.
Factors Considered. Factors include: (1) the steps taken by the Plan Sponsor to ensure that the plan either had no failures or corrected them through SCP or VCP, including the extent to which correction had progressed before the examination was initiated, (2) the amount of the fee the Plan Sponsor would have paid under section 12 for correcting the failures, (3) the number and type of employees affected by the failure, (4) the number of nonhighly compensated employees who would be adversely affected if the plan were not treated as qualified or as satisfying the requirements of □ 403(b) or □ 408(k),
Factors Considered. In making a determination of whether a proposed conveyance of land, money in lieu of land or a combination of both shall be made to meet the requirements of this Ordinance, the staff shall recommend what would be in the best interest of the City, based upon relevant factors which may include, but not be limited to, the following: Rev (O-2021-03-01)
Factors Considered. The Commission may consider all of the following factors in determining whether to approve the incurrence of, entering into, approval of, or participation in any indebtedness or financing arrangement subject to approval pursuant to this section:
