Common use of Rollover Contributions Clause in Contracts

Rollover Contributions. The Employer shall specify in the Adoption ---------------------- Agreement whether rollover contributions shall be permitted under the Plan. If so authorized by the Adoption Agreement, any Employee (prior to satisfying the Plan's eligibility conditions) or Participant, after filing with the Trustee the form prescribed by the Plan Administrator, may contribute cash or other property to the Trust other than as a voluntary nondeductible Employee contribution if the contribution is a "rollover contribution" which the Code permits an Employee to transfer either directly or indirectly from one qualified plan to another qualified plan. Before accepting a rollover contribution, the Trustee may require an Employee to furnish satisfactory evidence that the proposed transfer is in fact a rollover contribution which the Code permits an Employee to make to a qualified plan. A rollover contribution shall not be considered an Annual Addition under Article IV. The Trustee shall invest the rollover contribution in a segregated investment Account for the Employee's sole benefit subject to Section 4.08 unless the Trustee, in its sole discretion, agrees to invest the rollover contribution as part of the Trust Fund. The Trustee shall hold, administer, and distribute a rollover contribution in the same manner as any Employer contribution made to the Trust. If an Employee makes a rollover contribution to the Trust prior to satisfying the Plan's eligibility conditions, the Plan Administrator and Trustee shall treat the Employee as a Participant for all purposes of the Plan except that the Employee shall not be considered a Participant for purposes of sharing in Employer contributions or Participant forfeitures under the Plan until such Employee actually becomes a Participant in the Plan.

Appears in 1 contract

Samples: Trust Agreement (Birner Dental Management Services Inc)

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Rollover Contributions. The Employer shall specify An Employee may make a Rollover Contribution to this Plan from another “qualified retirement plan” or from a “conduit IRA,” if the acceptance of rollovers is permitted under Part 12 of the Agreement or if the Plan Administrator adopts administrative procedures regarding the acceptance of Rollover Contributions. Any Rollover Contribution an Employee makes to this Plan will be held in the Adoption ---------------------- Agreement whether rollover Employee’s Rollover Contribution Account, which is always 100% vested. A Participant may withdraw amounts from his/her Rollover Contribution Account at any time, in accordance with the distribution rules under Section 8.5(a), except as prohibited under Part 10 of the Agreement. For purposes of this Section 3.2, a “qualified retirement plan” is any tax qualified retirement plan under Code §401(a) or any other plan from which distributions are eligible to be rolled over into this Plan pursuant to the Code, regulations, or other IRS guidance. A “conduit IRA” is an IRA that holds only assets that have been properly rolled over to that IRA from a qualified retirement plan under Code §401(a). To qualify as a Rollover Contribution under this Section, the Rollover Contribution must be transferred directly from the qualified retirement plan or conduit IRA in a Direct Rollover or must be transferred to the Plan by the Employee within sixty (60) days following receipt of the amounts from the qualified plan or conduit IRA. If Rollover Contributions are permitted, an Employee may make a Rollover Contribution to the Plan even if the Employee is not an Eligible Participant with respect to any or all other contributions under the Plan, unless otherwise prohibited under separate administrative procedures adopted by the Plan Administrator. An Employee who makes a Rollover Contribution to this Plan prior to becoming an Eligible Participant shall be permitted treated as a Participant only with respect to such Rollover Contribution Account, but shall not be treated as an Eligible Participant until he/she otherwise satisfies the eligibility conditions under the Plan. If so authorized by The Plan Administrator may refuse to accept a Rollover Contribution if the Adoption Agreement, any Employee Plan Administrator reasonably believes the Rollover Contribution (prior to satisfying a) is not being made from a proper plan or conduit IRA; (b) is not being made within sixty (60) days from receipt of the amounts from a qualified retirement plan or conduit IRA; (c) could jeopardize the tax-exempt status of the Plan's eligibility conditions; or (d) or Participant, after filing with the Trustee the form prescribed by could create adverse tax consequences for the Plan Administrator, may contribute cash or other property the Employer. Prior to the Trust other than as a voluntary nondeductible Employee contribution if the contribution is a "rollover contribution" which the Code permits an Employee to transfer either directly or indirectly from one qualified plan to another qualified plan. Before accepting a rollover contribution, the Trustee may require an Employee to furnish satisfactory evidence that the proposed transfer is in fact a rollover contribution which the Code permits an Employee to make to a qualified plan. A rollover contribution shall not be considered an Annual Addition under Article IV. The Trustee shall invest the rollover contribution in a segregated investment Account for the Employee's sole benefit subject to Section 4.08 unless the Trustee, in its sole discretion, agrees to invest the rollover contribution as part of the Trust Fund. The Trustee shall hold, administer, and distribute a rollover contribution in the same manner as any Employer contribution made to the Trust. If an Employee makes a rollover contribution to the Trust prior to satisfying the Plan's eligibility conditionsRollover Contribution, the Plan Administrator and Trustee shall treat may require the Employee as a Participant for all purposes of the Plan except to provide satisfactory evidence establishing that the Employee shall not Rollover Contribution meets the requirements of this Section. The Plan Administrator may apply different conditions for accepting Rollover Contributions from qualified retirement plans and conduit IRAs. Any conditions on Rollover Contributions must be considered a Participant for purposes of sharing in Employer contributions or Participant forfeitures applied uniformly to all Employees under the Plan until such Employee actually becomes a Participant in the Plan.

Appears in 1 contract

Samples: Prudential Retirement Services (National Penn Bancshares Inc)

Rollover Contributions. The Employer shall specify Custodian may in its discretion accept contributions in the Adoption ---------------------- Agreement whether rollover contributions shall be permitted under form of assets acceptable to the Plan. If so authorized by Custodian received from an annuity contract or a custodial account described in section 401(b) of the Adoption AgreementCode, any Employee (prior to satisfying an individual retirement account described in section 408(a) of the Plan's eligibility conditionsCode, and individual retirement annuity described in section 408(b) of the Code, or a retirement bond described in section 409(a) of the Code, provided that such Contribution qualifies in all respects as a Rollover Contribution in accordance with the requirements of section 403(b)(8), section 408(d)(3) or Participantsection 409(b)(3)(C) of the Code (including the requirement that no part of the amount received from an individual retirement account, after filing with the Trustee the form prescribed by the Plan Administrator, may contribute cash individual retirement annuity or other property retirement bond be attributable to the Trust any source other than as a voluntary nondeductible Employee contribution if the contribution is a "rollover contribution" which the Code permits an Employee to transfer either directly or indirectly from one qualified plan to another qualified plan. Before accepting a rollover contribution, the Trustee may require an Employee to furnish satisfactory evidence that the proposed transfer is in fact a rollover contribution which from any annuity contract or custodial account described in section 403(b) of the Code) or other applicable provisions of the Code permits an Employee in effect from time to make to a qualified plantime. A Such rollover contribution shall not be considered an Annual Addition under Article IV. The Trustee shall invest held by the rollover contribution Custodian in a segregated investment separate Rollover Account for the benefit of the Employee which consists only of such rollover contributions and the earnings thereon. Once transferred into the Employee's sole benefit subject to Section 4.08 unless the TrusteeCustodial Account, in its sole discretion, agrees to invest the rollover contribution as part of the Trust Fund. The Trustee such assets shall hold, administer, and distribute a rollover contribution in the same manner as any Employer contribution made to the Trust. If an Employee makes a rollover contribution to the Trust prior to satisfying the Plan's eligibility conditions, the Plan Administrator and Trustee shall treat the Employee be treated as a Participant for all purposes of the Plan except that the Employee shall not be considered a Participant Contribution for purposes of sharing this Agreement and shall be invested, distributed and otherwise dealt with as such. The right is reserved to transfer the assets of the Custodial Investment Account to another form of annuity contract or custodial account described in Employer section 403(b) of the Code or to an individual retirement account, individual retirement annuity, or retirement bond plan established pursuant to section 408 or 409 of the Code. If permitted by Xxxxxxx Fund Distributors, Inc. in accordance with applicable law, rollover contributions or Participant forfeitures with respect to "qualified voluntary employee contributions" as that term is defined in section 219(e)(2) of the Code may be received under this Agreement with respect to taxable years beginning after December 31, 1981, and such contributions shall thereafter be held and administered hereunder by the Plan until such Employee actually becomes a Participant Custodian in accordance with all applicable law with respect to "accumulated deductible employee contributions" as that term is defined in section 72(o)(5)(B) of the PlanCode.

Appears in 1 contract

Samples: Scudder Gnma Fund

Rollover Contributions. The A rollover contribution is an amount of cash ---------------------- or property which the Code permits an eligible Employee or Participant to transfer directly or indirectly to this Plan from another qualified plan. A rollover contribution excludes Employee contributions, as adjusted for earnings. An Employer shall specify in the Adoption ---------------------- Agreement whether operationally and on a nondiscriminatory basis, may elect to permit or not to permit rollover contributions shall be permitted under the Planto this Plan or may elect to limit an eligible Employee's right or a Participant's right to make a rollover contribution. If so authorized by the Adoption Agreementan Employer permits rollover contributions, any Employee Participant (prior to satisfying or as applicable, any eligible Employee), with the PlanEmployer's eligibility conditions) or Participant, written consent and after filing with the Trustee the form prescribed by the Plan Administrator, may contribute cash or other property make a rollover contribution to the Trust other than as a voluntary nondeductible Employee contribution if the contribution is a "rollover contribution" which the Code permits an Employee to transfer either directly or indirectly from one qualified plan to another qualified planTrust. Before accepting a rollover contribution, the Trustee may require an Employee a Participant (or eligible Employee) to furnish satisfactory evidence that the proposed transfer is in fact a "rollover contribution contribution" which the Code permits an Employee employee to make to a qualified plan. A rollover contribution shall not be considered an Annual Addition under Article IV. The Trustee shall invest the rollover contribution in a segregated investment Account for the Employee's sole benefit subject to Section 4.08 unless the Trustee, in its sole discretion, agrees may decline to invest the rollover contribution as part of the Trust Fund. The Trustee shall hold, administer, and distribute accept a rollover contribution of property which could: (1) generate unrelated business taxable income; (2) create difficulty or undue expense in the same manner as any Employer contribution made to storage, safekeeping or valuation; or (3) create other practical problems for the Trust. A rollover contribution is not an Annual Addition under Part 2 of Article III. If an eligible Employee makes a rollover contribution to the Trust prior to satisfying the Plan's eligibility conditions, the Plan Administrator and Trustee shall must treat the Employee as a limited Participant for all purposes (as described in Rev. Rul. 96-48 or in any succe or ruling). A limited Participant does not share in the Plan's allocation of Employer contributions nor Participant forfeitures and may not make deferral contributions if the Plan except that the Employee shall not be considered includes a Participant for purposes of sharing in Employer contributions or Participant forfeitures under the Plan 401(k) arrangement until such Employee he/she actually becomes a Participant in the Plan. If a limited Participant has a Separation from Service prior to becoming a Participant in the Plan, the Trustee will distribute his/her rollover contributions Account to him/her in accordance with Article VI as if it were an Employer contributions Account.

Appears in 1 contract

Samples: Adoption Agreement (Gold Banc Corp Inc)

Rollover Contributions. The Employer shall specify An Employee (or former Employee) may make a Rollover Contribution to this Plan from a qualified retirement plan or from an IRA, if the acceptance of rollovers is permitted under AA §C-2 or if the Plan Administrator adopts administrative procedures regarding the acceptance of Rollover Contributions. Subject to the provisions under Section 3.02(c)(2)(v)(E) relating to rollovers of Xxxx Deferrals, any Rollover Contribution an Employee (or former Employee) makes to this Plan will be held in the Adoption ---------------------- Agreement whether Employee’s Rollover Contribution Account, which is always 100% vested. A Participant may withdraw amounts from his/her Rollover Contribution Account at any time, in accordance with the distribution rules under Section 7, except as prohibited under AA §10. Any amounts received as a Rollover Contribution under this Section 3.05 will not be treated as an Annual Addition for purposes of applying the Code §415 Limitation described in Section 5.02. For purposes of this Section 3.05, a qualified retirement plan is a tax-qualified retirement plan described in Code §401(a) or Code §403(a), an annuity contract described in §403(b) of the Code, or an eligible plan under §457(b) of the Code which is maintained by a state, political subdivision of a state, or any agency or instrumentality of a state or political subdivision of a state. To qualify as a Rollover Contribution under this Section, the Rollover Contribution must be transferred directly from the qualified retirement plan or IRA in a Direct Rollover or must be transferred to the Plan by the Employee within the requisite period of time for Rollover Contributions from the qualified plan or IRA. The Plan Administrator may accept any Rollover Contribution that satisfies the requirements, including the time period to make Rollover Contributions, under Code §402(c) and applicable IRS regulations and other guidance. Thus, for example, the Plan Administrator may accept a Rollover Contribution as provided under Revenue Procedure 2016-47 relating to the waiver of the 60-day rollover period and acceptable self-certification by an Employee and the Plan may accept a Rollover Contribution of qualified plan loan offset amounts within the applicable time period. If permitted under AA §C-2 or other administrative procedures, an Employee (or former Employee) may make a Rollover Contribution to the Plan even if the Employee is not a Participant with respect to any or all other contributions shall be permitted under the Plan. If so authorized by the Adoption Agreement, any An Employee (who makes a Rollover Contribution to this Plan prior to satisfying becoming a Participant shall be treated as a Participant only with respect to such Rollover Contribution Account, but shall not be treated as a Participant with respect to other contribution sources under the Plan until he/she otherwise satisfies the eligibility conditions under the Plan's eligibility conditions) . To the extent Participant loans are authorized under the Plan, a “limited Participant” under this paragraph may request a Participant loan from the Rollover Contribution Account, unless provided otherwise under AA §B-3 or Participant, after filing with the Trustee the form prescribed separate administrative procedures adopted by the Plan Administrator, may contribute cash or other property to the Trust other than as a voluntary nondeductible Employee contribution if the contribution is a "rollover contribution" which the Code permits an Employee to transfer either directly or indirectly from one qualified plan to another qualified plan. Before accepting a rollover contribution, the Trustee may require an Employee to furnish satisfactory evidence that the proposed transfer is in fact a rollover contribution which the Code permits an Employee to make to a qualified plan. A rollover contribution shall not be considered an Annual Addition under Article IV. The Trustee shall invest the rollover contribution in Plan Administrator may refuse to accept a segregated investment Account for the Employee's sole benefit subject to Section 4.08 unless the Trustee, in its sole discretion, agrees to invest the rollover contribution as part of the Trust Fund. The Trustee shall hold, administer, and distribute a rollover contribution in the same manner as any Employer contribution made to the Trust. If an Employee makes a rollover contribution to the Trust prior to satisfying the Plan's eligibility conditions, Rollover Contribution if the Plan Administrator and Trustee shall treat reasonably believes the Employee as a Participant for all purposes of the Plan except that the Employee shall not be considered a Participant for purposes of sharing in Employer contributions or Participant forfeitures under the Plan until such Employee actually becomes a Participant in the Plan.Rollover Contribution:

Appears in 1 contract

Samples: www.placer.ca.gov

Rollover Contributions. The Employer shall specify (a) Qualified Rollover Contributions may be made to the Plan by any Eligible Employee of amounts received by such Eligible Employee from an individual retirement account or annuity or from an employees' trust described in section 401(a) of the Adoption ---------------------- Agreement Code, which is exempt from tax under section 501(a) of the Code, but only if any such Rollover Contribution is made pursuant to and in accordance with applicable provisions of the Code and Treasury regulations promulgated thereunder. A Rollover Contribution of amounts that are "eligible rollover distributions" within the meaning of section 402(f)(2)(A) of the Code may be made to the Plan irrespective of whether such eligible rollover contributions shall distribution was paid to the Eligible Employee or paid to the Plan as a "direct" Rollover Contribution. A direct Rollover Contribution to the Plan may be permitted under effectuated only by wire transfer directed to the Plan. If so authorized Trustee or by issuance of a check made payable to the Trustee, which is negotiable only by the Adoption Agreement, any Trustee and which identifies the Eligible Employee (prior for whose benefit the Rollover Contribution is being made. Any Eligible Employee desiring to satisfying effect a Rollover Contribution to the Plan's eligibility conditions) or Participant, after filing Plan must execute and file with the Trustee Committee the form prescribed by the Plan Administrator, Committee for such purpose. The Committee may contribute cash or other property to the Trust other than require as a voluntary nondeductible condition to accepting any Rollover Contribution that such Eligible Employee contribution if the contribution is a "rollover contribution" which the Code permits an Employee to transfer either directly or indirectly from one qualified plan to another qualified plan. Before accepting a rollover contribution, the Trustee may require an Employee to furnish satisfactory any evidence that the Committee in its discretion deems satisfactory to establish that the proposed transfer Rollover Contribution is in fact a eligible for rollover contribution which to the Plan and is made pursuant to and in accordance with applicable provisions of the Code permits an Employee and Treasury regulations. All Rollover Contributions to make to a qualified planthe Plan must be made in cash. A rollover contribution Rollover Contribution shall not be considered an Annual Addition under Article IV. The Trustee shall invest credited to the rollover contribution in a segregated investment Rollover Account for the Employee's sole benefit subject to Section 4.08 unless the Trustee, in its sole discretion, agrees to invest the rollover contribution as part of the Trust Fund. The Trustee shall hold, administer, and distribute a rollover contribution in the same manner Eligible Employee for whose benefit such Rollover Contribution is being made as any Employer contribution made to the Trust. If an Employee makes a rollover contribution to the Trust prior to satisfying the Plan's eligibility conditions, the Plan Administrator and Trustee shall treat the Employee as a Participant for all purposes of the Plan except that last day of the Employee shall not be considered a Participant for purposes of sharing month in Employer contributions or Participant forfeitures under the Plan until which such Employee actually becomes a Participant in the PlanRollover Contribution is made.

Appears in 1 contract

Samples: Cardinal Health Inc

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Rollover Contributions. The Employer shall specify An Employee may make a Rollover Contribution to this Plan from another “qualified retirement plan” or from a “conduit XXX,” if the acceptance of rollovers is permitted under Part 12 of the Agreement or if the Plan Administrator adopts administrative procedures regarding the acceptance of Rollover Contributions. Any Rollover Contribution an Employee makes to this Plan will be held in the Adoption ---------------------- Agreement whether rollover Employee’s Rollover Contribution Account, which is always 100% vested. A Participant may withdraw amounts from his/her Rollover Contribution Account at any time, in accordance with the distribution rules under Section 8.5(a), except as prohibited under Part 10 of the Agreement. For purposes of this Section 3.2, a “qualified retirement plan” is any tax qualified retirement plan under Code §401(a) or any other plan from which distributions are eligible to be rolled over into this Plan pursuant to the Code, regulations, or other IRS guidance. A “conduit XXX” is an XXX that holds only assets that have been properly rolled over to that XXX from a qualified retirement plan under Code §401(a). To qualify as a Rollover Contribution under this Section, the Rollover Contribution must be transferred directly from the qualified retirement plan or conduit XXX in a Direct Rollover or must be transferred to the Plan by the Employee within sixty (60) days following receipt of the amounts from the qualified plan or conduit XXX. If Rollover Contributions are permitted, an Employee may make a Rollover Contribution to the Plan even if the Employee is not an Eligible Participant with respect to any or all other contributions under the Plan, unless otherwise prohibited under separate administrative procedures adopted by the Plan Administrator. An Employee who makes a Rollover Contribution to this Plan prior to becoming an Eligible Participant shall be permitted treated as a Participant only with respect to such Rollover Contribution Account, but shall not be treated as an Eligible Participant until he/she otherwise satisfies the eligibility conditions under the Plan. If so authorized by The Plan Administrator may refuse to accept a Rollover Contribution if the Adoption Agreement, any Employee Plan Administrator reasonably believes the Rollover Contribution (prior to satisfying a) is not being made from a proper plan or conduit XXX; (b) is not being made within sixty (60) days from receipt of the amounts from a qualified retirement plan or conduit XXX; (c) could jeopardize the tax-exempt status of the Plan's eligibility conditions; or (d) or Participant, after filing with the Trustee the form prescribed by could create adverse tax consequences for the Plan Administrator, may contribute cash or other property the Employer. Prior to the Trust other than as a voluntary nondeductible Employee contribution if the contribution is a "rollover contribution" which the Code permits an Employee to transfer either directly or indirectly from one qualified plan to another qualified plan. Before accepting a rollover contribution, the Trustee may require an Employee to furnish satisfactory evidence that the proposed transfer is in fact a rollover contribution which the Code permits an Employee to make to a qualified plan. A rollover contribution shall not be considered an Annual Addition under Article IV. The Trustee shall invest the rollover contribution in a segregated investment Account for the Employee's sole benefit subject to Section 4.08 unless the Trustee, in its sole discretion, agrees to invest the rollover contribution as part of the Trust Fund. The Trustee shall hold, administer, and distribute a rollover contribution in the same manner as any Employer contribution made to the Trust. If an Employee makes a rollover contribution to the Trust prior to satisfying the Plan's eligibility conditionsRollover Contribution, the Plan Administrator and Trustee shall treat may require the Employee as a Participant for all purposes of the Plan except to provide satisfactory evidence establishing that the Employee shall not Rollover Contribution meets the requirements of this Section. The Plan Administrator may apply different conditions for accepting Rollover Contributions from qualified retirement plans and conduit IRAs. Any conditions on Rollover Contributions must be considered a Participant for purposes of sharing in Employer contributions or Participant forfeitures applied uniformly to all Employees under the Plan until such Employee actually becomes a Participant in the Plan.

Appears in 1 contract

Samples: Plan and Trust Agreement (Mercantile Bancorp, Inc.)

Rollover Contributions. The Employer shall specify in the Adoption ---------------------- Agreement whether rollover contributions shall A Participant who receives a distribution from a qualified plan that would be permitted under the an Eligible Rollover Distribution if received from this Plan. If so authorized by the Adoption Agreement, any Employee (prior to satisfying the Plan's eligibility conditions) or Participant, after filing with the Trustee the form prescribed by the Plan Administrator, may contribute cash or other property to the Trust other than as a voluntary nondeductible Employee contribution if the contribution is distribution received by a "rollover contribution" which beneficiary from such qualified plan, a conduit individual retirement account, an annuity contract described in section 403(b) of the Code permits or an Employee eligible plan under section 457(b) of the Code which is maintained by a state, political subdivision of a state, or any agency or instrumentality of a state or political subdivision of a state may roll over all or any part of such taxable portion of the such distribution. The Administrative Committee will adopt such procedures, and may require such information from the Participant who desires to make a Rollover Contribution, as it considers necessary to determine whether the proposed rollover or direct plan transfer either directly or indirectly will meet the requirements of this section. The Administrative Committee may require the Participant to submit a written certification that the distribution he received is an Eligible Rollover Distribution made from one qualified plan to another qualified plan, a conduit individual retirement account, an annuity contract described in section 403(b) or an eligible plan under section 457(b) of the Code. Before accepting a rollover contributionAs soon as practicable after receipt, the Trustee may require an Employee Rollover Contribution will be deposited in the Trust Fund and will be credited to furnish satisfactory evidence the Participant’s Rollover Account. In the event the Administrative Committee discovers that a Participant has made a Rollover Contribution to the proposed transfer is Plan which fails to comply with this section, the Administrative Committee will refund the Contribution and all earnings attributable to it as soon as practicable. The Administrative Committee will in fact a rollover contribution which good faith rely on the Code permits an Employee representations made by the Participant in his application to make to a qualified plan. A rollover contribution shall Rollover Contribution and will not be considered an Annual Addition under Article IV. The Trustee shall invest the rollover contribution in a segregated investment Account held accountable for the Employee's sole benefit subject to Section 4.08 any misrepresentation therein unless the Trustee, in its sole discretion, agrees to invest the rollover contribution as part Administrative Committee has actual knowledge of the Trust Fund. The Trustee shall hold, administer, and distribute a rollover contribution in the same manner as any Employer contribution made to the Trust. If an Employee makes a rollover contribution to the Trust prior to satisfying the Plan's eligibility conditions, the Plan Administrator and Trustee shall treat the Employee as a Participant for all purposes of the Plan except that the Employee shall not be considered a Participant for purposes of sharing in Employer contributions or Participant forfeitures under the Plan until such Employee actually becomes a Participant in the Planmisrepresentation.

Appears in 1 contract

Samples: Vulcan Materials (Vulcan Materials Co)

Rollover Contributions. The Employer shall specify An Employee may make a Rollover Contribution to this Plan from another "qualified retirement plan" or from a "conduit IRA," if the acceptance of rollovers is permitted under Part 12 of the Agreement or if the Plan Administrator adopts administrative procedures regarding the acceptance of Rollover Contributions. Any Rollover Contribution an Employee makes to this Plan will be held in the Adoption ---------------------- Agreement whether rollover Employee's Rollover Contribution Account, which is always 100% vested. A Participant may withdraw amounts from his/her Rollover Contribution Account at any time, in accordance with the distribution rules under Section 8.5(a), except as prohibited under Part 10 of the Agreement. For purposes of this Section 3.2, a "qualified retirement plan" is any tax qualified retirement plan under Code ?401(a) or any other plan from which distributions are eligible to be rolled over into this Plan pursuant to the Code, regulations, or other IRS guidance. A "conduit IRA" is an IRA that holds only assets that have been properly rolled over to that IRA from a qualified retirement plan under Code ?401(a). To qualify as a Rollover Contribution under this Section, the Rollover Contribution must be transferred directly from the qualified retirement plan or conduit IRA in a Direct Rollover or must be transferred to the Plan by the Employee within sixty (60) days following receipt of the amounts from the qualified plan or conduit IRA. If Rollover Contributions are permitted, an Employee may make a Rollover Contribution to the Plan even if the Employee is not an Eligible Participant with respect to any or all other contributions under the Plan, unless otherwise prohibited under separate administrative procedures adopted by the Plan Administrator. An Employee who makes a Rollover Contribution to this Plan prior to becoming an Eligible Participant shall be permitted treated as a Participant only with respect to such Rollover Contribution Account, but shall not be treated as an Eligible Participant until he/she otherwise satisfies the eligibility conditions under the Plan. If so authorized by The Plan Administrator may refuse to accept a Rollover Contribution if the Adoption Agreement, any Employee Plan Administrator reasonably believes the Rollover Contribution (prior to satisfying a) is not being made from a proper plan or conduit IRA; (b) is not being made within sixty (60) days from receipt of the amounts from a qualified retirement plan or conduit IRA; (c) could jeopardize the tax-exempt status of the Plan's eligibility conditions; or (d) or Participant, after filing with the Trustee the form prescribed by could create adverse tax consequences for the Plan Administrator, may contribute cash or other property the Employer. Prior to the Trust other than as a voluntary nondeductible Employee contribution if the contribution is a "rollover contribution" which the Code permits an Employee to transfer either directly or indirectly from one qualified plan to another qualified plan. Before accepting a rollover contribution, the Trustee may require an Employee to furnish satisfactory evidence that the proposed transfer is in fact a rollover contribution which the Code permits an Employee to make to a qualified plan. A rollover contribution shall not be considered an Annual Addition under Article IV. The Trustee shall invest the rollover contribution in a segregated investment Account for the Employee's sole benefit subject to Section 4.08 unless the Trustee, in its sole discretion, agrees to invest the rollover contribution as part of the Trust Fund. The Trustee shall hold, administer, and distribute a rollover contribution in the same manner as any Employer contribution made to the Trust. If an Employee makes a rollover contribution to the Trust prior to satisfying the Plan's eligibility conditionsRollover Contribution, the Plan Administrator and Trustee shall treat may require the Employee as a Participant for all purposes of the Plan except to provide satisfactory evidence establishing that the Employee shall not Rollover Contribution meets the requirements of this Section. The Plan Administrator may apply different conditions for accepting Rollover Contributions from qualified retirement plans and conduit IRAs. Any conditions on Rollover Contributions must be considered a Participant for purposes of sharing in Employer contributions or Participant forfeitures applied uniformly to all Employees under the Plan until such Employee actually becomes a Participant in the Plan.

Appears in 1 contract

Samples: Capital Corp of the West

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