Qualified Retirement Plans. APP shall use its best efforts to establish a qualified plan and trust for NewCo, within the meaning of Section 401(a) and 501(a), respectively, of the Code ("New Qualified Plan") that will provide benefits comparable (as determined under Section 401(a)(4) of the Code) to the benefits provided under the qualified plans referenced in the Disclosure Schedules, if any, sponsored by the Company as of March 31, 1997. APP will file for a favorable determination letter from the IRS on the New Qualified Plan and request a favorable determination from the IRS that NewCo is not a member of an affiliated service group (as defined in Section 414(m) of the Code) or a recipient organization of leased employee services (as defined in Section 414(n) of the Code). Any benefits provided under the New Qualified Plan shall be conditioned on a favorable determination letter from the IRS. Costs associated with the establishment and design of the New Qualified Plan shall be paid by APP. The NewCo shall be responsible for funding any contributions to, or any ongoing administrative costs of, the New Qualified Plan.
Qualified Retirement Plans. While you are an employee of Times Mirror or any of its divisions or subsidiaries (for purposes of this attachment "Times Mirror"), you will continue to be eligible to participate in Times Mirror's retirement plans in accordance with the respective terms and limitations of each plan. Provided you are an employee of Times Mirror as of the Effective Date, accrued benefits earned as of the Effective Date under Times Mirror's retirement plans will become fully vested. Vesting will apply to any accrued benefits under Times Mirror's pension plan(s) and your company matching account under the Times Mirror Savings Plus Plan. The retirement plans provide for a maximum of one year of benefit accrual service or salary credit for severance payments (excluding any non-qualified deferrals), subject to statutory limits in the Internal Revenue Code, including but not limited to maximum deferrals, benefits or covered compensation. After your termination of employment, you will be entitled to receive any vested accrued benefits under Times Mirror's retirement plans in accordance with the terms of the plans and any elections you make under the plans. Distributions under each plan shall be made in accordance with the terms and procedures of each respective plan based on your participation under the plans.
Qualified Retirement Plans. Cause each Plan of the Company and any ERISA Affiliate in which any employees of the Company or any ERISA Affiliate participate that is subject to any provisions of ERISA and the documents and instruments governing each such Plan to be conformed to when necessary, and to be administered in a manner consistent with those provisions of ERISA and the Internal Revenue Code which may, from time to time, become effective and operative with respect to such Plans; and if requested by the holders of the Notes in writing from time to time, furnish to the holders of the Notes a copy of any annual report with respect to each such plan that the Company files with the Internal Revenue Service pursuant to ERISA. The Company will not, and will not permit any ERISA Affiliate to (i) engage in any "prohibited transaction," (ii) incur any "accumulated funding deficiency," whether or not waived (iii) terminate any Plan in a manner which could result in the imposition of a Lien on any property of the Company or any ERISA Affiliate, or (iv) incur any withdrawal liability in connection with any "multiemployer plan."
Qualified Retirement Plans. 3.1. Establishment of 401(k)
Qualified Retirement Plans. Unless otherwise required by non-U.S. law, where applicable, Merck will report and withhold, as necessary, on distributions with respect to Liabilities it retains with respect to Merck Employees, Former Employees, and Organon Employees under the Merck Pension Plan under Section 3.01 of this Agreement. Merck shall be entitled to claim the benefit of any tax deductions for amounts it contributes to the Merck Pension Plan.
Qualified Retirement Plans. During the Employment Period, the Executive shall be entitled to participate in the qualified plans (including defined benefit and 401(k) savings) sponsored by the Company in accordance with the general rules applicable to other employees participating in such plans.
Qualified Retirement Plans. The obligations of Parent and Purchaser with respect to participation by Transferred Company Employees in a defined contribution retirement plan shall be governed by the EBTA.
Qualified Retirement Plans. 3.1. Establishment of 401(k) Plan and Trust Required. Effective as of the Distribution Date or such other date(s) as Deluxe and eFunds may mutually agree, eFunds shall adopt the eFunds 401(k) Plan and shall establish, or cause to be established, a separate trust, which is intended to be qualified under Code Section 401(a), to be exempt from taxation under Code Section 501(a)(1), and to hold assets of the eFunds 401(k) Plan. eFunds shall determine the Material Features of the eFunds 401(k) Plan; provided, however, that any optional form of distribution or other "section 411(d)(6) protected benefit" (as defined by Treasury Regulations ss. 1.411(d)-4 and any subsequent guidance from the Internal Revenue Service) available as to all or a portion of the transferred assets and liabilities shall continue to be available with respect to the portion of transferred assets and liabilities to which such protected benefit applies.
Qualified Retirement Plans. When utilizing an MOIS Representative for your retirement plan, you retain the sole and exclusive responsibility to ensure all record keeping and any applicable tax reporting is being done. Pershing and MOIS will not conduct tax reporting in these instances. You may wish to engage the services of a third−party administrator andƒor a tax advisor to assist you in this responsibility. MOIS Mutually Managed Program You understand and agree that the following terms of this Mutually Managed Program section apply to the Account:
Qualified Retirement Plans. When utilizing an MOIS Representative for your retirement plan, you retain the sole and exclusive responsibility to ensure all record keeping and any applicable tax reporting is being done. Pershing and MOIS will not conduct tax reporting in these instances. You may wish to engage the services of a third-party administrator and/or a tax advisor to assist you in this responsibility. • Disclosures of Compensation and Revenue Sharing Practice. MOIS and its Representatives may receive compensation from Third Party Money Managers, mutual fund companies, insurance companies and other Product Sponsors. These payments include sales charges (sometimes called “loads”), advisory fees, solicitor fees and trailing commissions (including service fees known as 12b-1 payments). For more information regarding the compensation received on your account please review the applicable plan documents and disclosures presented by your Representative. MOIS may also receive additional payments called revenue sharing payments or marketing allowances from certain providers under special agreements with those firms. These additional payments are designed to help such providers facilitate the distribution of their products through the marketing and education of Representatives regarding the product features, benefits and risks. Such marketing and education may include one-on-one marketing, due diligence presentations and attendance at MOIS sponsored conferences. These revenue sharing payments or marketing allowance payments are more fully described in applicable prospectuses, disclosure documents and plan documents, and are usually paid out by a mutual fund affiliate and are not from fund assets or commissions generated by the fund. MOIS Representatives do not receive a greater or lesser compensation for sales of products for which MOIS receives revenue sharing payments or marketing allowance and therefore we do not believe they are subject to a conflict of interest when recommending one product over another. However, a mutual fund or insurance carrier’s marketing and educational activity could lead a Representative to focus on such products (as opposed to products which do not provide such support) when recommending products to customers. MOIS offers retirement plan services through Mutual of Omaha Insurance Company’s (“Mutual of Omaha”) Retirement Services program. Mutual of Omaha Retirement Services offers investments through a group variable annuity contract underwritten by United o...
