Common use of PLAN COMPENSATION Clause in Contracts

PLAN COMPENSATION. Plan Compensation is Total Compensation (as defined in AA §5-1 above) with the following exclusions described below. □ □ □ (a) No exclusions. N/A □ □ (b) Elective Deferrals (as defined in Section 1.44 of the Plan), pre-tax contributions to a cafeteria plan or a Code §457 plan, and qualified transportation fringes under Code §132(f)(4) are excluded. □ □ □ (c) All fringe benefits, expense reimbursements, deferred compensation, and welfare benefits are excluded. □ □ □ (d) Compensation above $ is excluded. (See Section 1.90 of the Plan.) □ □ □ (e) Amounts received as a bonus are excluded. □ □ □ (f) Amounts received as commissions are excluded. □ □ □ (g) Overtime payments are excluded. □ □ □ (h) Amounts received for services performed for a non-signatory Related Employer are excluded. □ □ □ (i) “Deemed §125 compensation” as defined in Section 1.126 of the Plan. □ □ □ (j) Amounts received after termination of employment are excluded (see Section 1.126 of the Plan). □ □ □ (k) Describe adjustments to Plan Compensation: [Note: Any exclusions selected under subsections (e) – (k) (other than subsection (i)) may cause the definition of Plan Compensation to fail to satisfy a safe harbor definition of compensation under Code §414(s). To ensure that the definition of Plan Compensation satisfies Code §414(s) for purposes of determining allocations under the permitted disparity allocation formula under AA §6-3(b) and the Safe Harbor 401(k) provisions under AA §6C, any adjustments under (e) through (k) (other than subsection (i)) will only apply to Highly Compensated Employees for purposes of applying the permitted disparity and Safe

PLAN COMPENSATION. Plan Compensation is Total Compensation (as defined in AA §5-1 above) with the following exclusions described below. □ □ □ (a) No exclusions. N/A □ □ (b) Elective Deferrals (as defined in Section 1.44 of the Plan), pre-tax contributions to a cafeteria plan or a Code §457 plan, and qualified transportation fringes under Code §132(f)(4) are excluded. □ □ □ (c) All fringe benefits, expense reimbursements, deferred compensation, and welfare benefits are excluded. □ □ □ (d) Compensation above $ is excluded. (See Section 1.90 of the Plan.) □ □ □ (e) Amounts received as a bonus are excluded. □ □ □ (f) Amounts received as commissions are excluded. □ □ □ (g) Overtime payments are excluded. □ □ □ (h) Amounts received for services performed for a non-signatory Related Employer are excluded. □ □ □ (i) “Deemed §125 compensation” as defined in Section 1.126 1.127 of the Plan. □ □ □ (j) Amounts received after termination of employment are excluded (see Section 1.126 1.127 of the Plan). □ □ □ (k) Describe adjustments to Plan Compensation: [Note: Any exclusions selected under subsections (e) – (k) (other than subsection (i)) may cause the definition of Plan Compensation to fail to satisfy a safe harbor definition of compensation under Code §414(s). To ensure that the definition of Plan Compensation satisfies Code §414(s) for purposes of determining allocations under the permitted disparity allocation formula under AA §6-3(b) and the Safe Harbor 401(k) provisions under AA §6C, any adjustments under (e) through (k) (other than subsection (i)) will only apply to Highly Compensated Employees for purposes of applying the permitted disparity and Safe