Common use of Make-Up Contributions Clause in Contracts

Make-Up Contributions. Following reemployment of a participant after a Military Absence, the employer shall make an employer contribution ("employer make-up contribution") in the amount, unadjusted by earnings and forfeitures, that the employer would have been permitted to make under subsection (a) during the period of Military Absence if such participant had continued to be employed by and received compensation from the employer during such period, subject to the limitation of Article 13 in effect during each year of such participant's Military Absence to which such contribution relates. For purposes of the preceding sentence, a participant will be treated as having received compensation during the period of Military Absence equal to (i) the compensation such participant would have received during such period if he or she had not taken a Military Absence, determined based on the rate of pay the participant would have received from the employer but for the Military Absence, or (ii) if the compensation the participant would have received during such period was not reasonably certain, the participant's average compensation during the 12-month period immediately preceding the Military Absence or, if shorter, the period of employment immediately preceding the Military Absence. Notwithstanding any provision in this plan to the contrary, employer make-up contributions shall not be subject to the limitations of Article 13 in the year such contributions are made and shall not be taken into account, during either the year in which such contributions were made or the years to which such contributions relate during the period of Military Absence, for purposes of applying Sections 5.6, 6.6 or 6.9 or the provisions of Article 14.

Make-Up Contributions. Following reemployment of a participant after a Military Absence, the employer shall make an employer contribution ("employer make-up contribution") in the amount, unadjusted by earnings and forfeitures, that the employer would have been permitted to make under subsection (a) during the period of Military Absence if such participant had continued to be employed by and received compensation from the employer during such period, subject to the limitation of Article 13 in effect during each year of such participant's Military Absence to which such matching contribution relates. For purposes of the preceding sentence, a participant will be treated as having received compensation during the period of Military Absence equal to (i) the compensation such participant would have received during such period if he or she had not taken a Military Absence, determined based on the rate of pay the participant would have received from the employer but for the Military Absence, or (ii) if the compensation the participant would have received during such period was not reasonably certain, the participant's average compensation during the 12-month period immediately preceding the Military Absence or, if shorter, the period of employment immediately preceding the Military Absence. Notwithstanding any provision in this plan to the contrary, employer make-up contributions shall not be subject to the limitations of Article 13 in the year such contributions are made and shall not be taken into account, during either the year in which such contributions were made or the years to which such contributions relate during the period of Military Absence, for purposes of applying Sections 5.6, 6.6 or 6.9 or the provisions of Article 14.