Necessity of Qualification. This Plan is established with the intent that it shall qualify under Code Section 401(a) as that Section exists at the time the Plan is established. If the Plan as adopted by the Employer fails to attain such qualification, the Plan will no longer participate in the relevant sponsor's prototype 401(k) plan and will be considered an individually designed plan. If the Plan as adopted by the Employer fails to attain or retain such qualification, the Employer shall promptly either amend the Plan under Code Section 401(b) so that it does qualify, or direct the Trustee to terminate the Trust, and distribute all the assets of the Trust equitably among the contributors thereto in proportion to their contributions, and the Plan and Trust shall be considered to be rescinded and of no force and effect.
Necessity of Qualification. The Trust intends to qualify for favorable federal tax treatment under Code Section 529. You agree and acknowledge that qualification under Code Section 529 is vital and agree that the Trustee may amend this Participation Agreement upon a determination that such an amendment is required to maintain such qualification.
Necessity of Qualification. The Pool intends to qualify for favorable federal tax treatment under Section 529 of the Code. You agree and acknowledge that qualification under Section 529 of the Code is vital and agree that the Treasurer may amend this Participation Agreement upon a determination that such an amendment is required to maintain such qualification.
Necessity of Qualification. (a) The Program is intended to be a Qualified Tuition Program. The Board may make changes to the Program and the Participation Agreement at any time if it is determined that such changes are necessary for the continuation of the federal income tax treatment provided by Section 529 of the Code or any similar successor legislation.
Necessity of Qualification. The Plan intends to qualify for favorable federal tax treatment under Section 529. Because this qualification is vital to the Plan, the Board may modify the Plan or amend this Participation Agreement at any time if the Board decides that the change is needed to meet the requirements of Section 529 or the regulations administered by the IRS pursuant to Section 529, Nevada State law, or applicable rules or regulations promulgated by the Board or to ensure the proper administration of the Plan.
Necessity of Qualification. The parties establish this Agreement with the intent that it shall meet the requirements of 403(b)(7) of the Code, as amended. Notwithstanding any other provisions contained in this Agreement, if the Internal Revenue Service determines that because of some inadequacy in the provisions of this Agreement it initially fails to meet those requirements, the Custodian shall distribute all of the assets of the Custodial Account to the Employee or shall transfer them in accordance with Paragraph 4.7 and this Agreement shall terminate unless the parties can remove the inadequacy by a retroactive amendment. The Sponsor shall notify the Custodian in writing of any determination made with respect to the status of the Agreement. The Employee understands the necessity of seeking independent legal counsel with respect to the effect of establishing this Agreement and further understands that the Internal Revenue Service has not approved this Agreement and that therefore neither the Custodian nor the Sponsor, nor anyone acting on behalf of the Custodian or Sponsor. makes any representations as to the tax qualification or effect of the Agreement. 9.3
Necessity of Qualification. The Advisor Program intends to qualify for favorable federal tax treatment under the Code. Because this qualification is vital to the Advisor Program, the Board may amend this Participation Agreement at any time if the Board decides that the change is needed to meet the requirements of the Code or its applicable regulations, Wisconsin State law, or applicable rules promulgated by the Board.
Necessity of Qualification. The Program intends to qualify for favorable federal tax treatment under Section 529 of the Code. You agree and acknowledge that qualification under Section 529 of the Code is vital and agree that the Board may amend this Account Agreement upon a determination that such an amendment is required to maintain such qualification.
Necessity of Qualification. This Agreement is established with the intent that it qualifies under Code §403(b)(7) of the Code as it exists at the time the Agreement is made. Notwithstanding any other provision under this Agreement, if the Internal Revenue Service determines, because of some provision(s) of this Agreement, that it fails to meet the requirements of Code §403(b)(7), all of the assets of the Account shall be distributed to the Employees and the Agreement shall be considered void and of no force and effect unless such Agreement is retroactively amended to meet the requirements of Code §403(b)(7). The Sponsor shall notify the Custodian immediately, in writing, of any determination that the Agreement does not comply with Code §403(b)(7). The Custodian and Sponsor have no responsibility with respect to the tax treatment of any contributions to or any distributions from the Account.
Necessity of Qualification. This Plan is established with the intent that it shall qualify under Code Section 401 (a) as that Section exists at the time the Plan is established. If the Employer fails to obtain or retain such a determination that the Plan so qualifies, the Plan shall cease to have any of the benefits of Revenue Procedure 80-29 or successor procedure which apply to the Plan as a prototype plan. The Administrator shall promptly notify the Trustee in writing of any determination made with respect to the qualified status of the Plan. Notwithstanding any other provision contained in this Plan, if the Internal Revenue Service determines that the Plan initially fails to so qualify, then the Employer shall promptly either amend the Plan under Code Section 401(b) 50 that it does qualify, or direct the Trustee to terminate the Plan and distribute all the assets of the Trust equitably among the contributors thereto in proportion to their contributions, and the Plan shall be considered to be rescinded and of no force and effect.
