MAXIMUM EMPLOYEE ELECTIVE DEFERRAL. The maximum amount of Employee Elective Deferral for any Participant for any Plan Year shall be $9,500, or such other amount determined by the Secretary of the Treasury under Internal Revenue Code Section 402(g)(5) (cost-of-living adjustments). This limit shall be applicable by aggregating all plans and arrangements maintained by the Employer and all Affiliates that provide for elective deferrals (as defined in Section 402(g) of the Internal Revenue Code). If this limit would be exceeded by Employee Elective Deferral to the Plan for any Participant for any Plan Year, the excess amount (adjusted to reflect any income or losses attributable to such excess to the date of distribution) shall be distributed to such Participant. If, for any Plan Year, a Participant's Employee Elective Deferral under this Plan, when combined with elective deferrals made to a plan of another employer, would exceed $9,500 (or such other amount determined by the Secretary of the Treasury under Xxxxxxxx Xxxxxxx Code Section 402(g)(5)), the Committee shall distribute the amount of such excess (adjusted to reflect any income or loss attributable to such excess to the date of distribution) to the Participant if the Participant provides the Committee with written claim requesting a refund of the excess. Such written request must be made no later than March 1 of the following Plan Year. Such request shall be accompanied by the Participant's written statement that if such excess amounts are not distributed, such amounts, when added to amounts deferred under other plans or arrangements described under Internal Revenue Code Section 401(k), 408(k) or 403(b), will exceed the applicable limit for such Participant. The Committee may require additional proof regarding the existence of excess elective amounts. Distribution of excess amounts (adjusted to reflect any income or losses attributable to such excess to the date of distribution) shall be made no later than April 15 of the calendar year following the calendar year in which such excess amount was made. Such distributions shall be charged against a participant's Employee Elective Deferral Account. A Participant may assign to this Plan any Excess Elective Deferrals made during a taxable year of the Participant by notifying the Plan Administrator on or before April 15 of the amount of the Excess Elective Deferrals to be assigned to the Plan. A Participant is deemed to notify the Plan Administrator of any Excess Elective Deferrals that arise by...
