SINGLE PLAN COVERAGE Sample Clauses
SINGLE PLAN COVERAGE. If the Participant does not participate in, and has never participated in another qualified plan maintained by the Employer or a welfare benefit fund, as defined in Section 419(e) of the Code maintained by the Employer, or an individual medical account, as defined in Section 415(1)(2) of the Code, maintained by the Employer, which provides an Annual Addition, the amount of Annual Additions which may be credited to the Participant's Account for any Limitation Year will not exceed the lesser of the Maximum Permissible Amount or any other limitation contained in this Plan. If, as a result of the allocation of forfeitures, a reasonable error in estimating a Participant's Compensation, a reasonable error in determining the amount of Elective Deferrals that may be made with respect to any individual under the limits of Section 415 of the Code, or under other limited facts and circumstances that the Commissioner of Internal Revenue finds justify the availability of the rules set forth in this Section, the Annual Additions for a particular Participant will exceed the Maximum Permissible Amount for any Limitation Year, then the excess amount shall be reduced so that the Annual Additions for the Limitation Year will be equal to the Maximum Permissible Amount.
(a) Prior to determining the Participant's actual Compensation for the Limitation Year, the Employer may determine the Maximum Permissible Amount for a Participant on the basis of a reasonable estimation of the Participant's Compensation for the Limitation Year, uniformly determined for all Participants similarly situated.
(b) As soon as is administratively feasible after the end of the Limitation Year, the Maximum Permissible Amount for the Limit ation Year will be determined on the basis of the Participant's actual Compensation for the Limitation Year.
(c) If pursuant to the preceding subsection, as a result of the allocation of forfeitures, a reasonable error in determining the amount of Elective Deferrals that may be made with respect to any individual, or under other limited facts and circumstances deter mined by the Commissioner, there is an Excess Amount, the excess will be disposed of as follows:
1. Any Nondeductible Employee Contributions, to the extent they would reduce the Excess Amount, will be returned to the Parti cipant;
2. Then, Elective Deferrals, to the extent they would reduce the Excess Amount, plus the net income and gains attribu table thereto, will be returned to the Participant;
3. If af...
