Allocation of Contributions and Forfeitures Clause Samples

Allocation of Contributions and Forfeitures. Unless selected otherwise under the Co-Sponsor Adoption Page, any contributions made by a Co-Sponsor (and any forfeitures relating to such contributions) will be allocated to all Eligible Participants employed by the Employer and Co-Sponsors in accordance with the provisions under this Plan. Under a Nonstandardized Agreement, a Co-Sponsor may elect under the Co-Sponsor Page to allocate its contributions (and forfeitures relating to such contributions) only to the Eligible Participants employed by the Co-Sponsor making such contributions. If so elected, Employees of the Co-Sponsor will not share in an allocation of contributions (or forfeitures relating to such contributions) made by any other Related Employer (except in such individual’s capacity as an Employee of that other Related Employer). Where contributions are allocated only to the Employees of a contributing Co-Sponsor, the Plan Administrator will maintain a separate accounting of an Employee’s Account Balance attributable to the contributions of a particular Co-Sponsor. This separate accounting is necessary only for contributions that are not 100% vested, so that the allocation of forfeitures attributable to such contributions can be allocated for the benefit of the appropriate Employees. An election to allocate contributions and forfeitures only to the Eligible Participants employed by the Co-Sponsor making such contributions will preclude the Plan from satisfying the nondiscrimination safe harbor rules under Treas. Reg. §1.401(a)(4)-2 and may require additional nondiscrimination testing.

Allocation of Contributions and Forfeitures. 5.1 The Employer's Profit-Sharing Contribution for any Plan Year shall be allocated and credited by the Trustee among the Accounts of the Participants as of the last day of such Plan Year in the proportion that each Participant's Compensation bears to the total Compensation received by all the Participants during the Plan Year. 5.2 The Employee Elective Deferrals shall be allocated and credited by the Trustee to the Participant's Elective Contribution Account who made the deferral. 5.3 The Employer Qualified Non-Elective Contributions shall be allocated and credited by the Trustee among the Participant's Elective Accounts as of the last day of the Plan Year in proportion that each Participant's Compensation bears to the total Compensation received by all the Participants during the Plan Year; provided, however, the Employer, in its sole discretion, may direct that only Non-Highly Compensated Employees shall be eligible to receive an allocation or credit of Qualified Non-Elective Contributions. 5.4 The Employer Matching Contribution shall be allocated and credited by the Trustee to the Employee's Non-Elective Account in such manner as the Employer may designate in a nondiscriminatory manner in accordance with the Employer Matching Contribution formula. Qualified Matching Contributions shall be allocated to the Employee's Qualified Matching Contribution Account as the Employer designates and may, in the Employer's sole discretion, be allocated only to Non-Highly Compensated Employees. 5.5 Any forfeitures for a Plan Year shall be used first to pay the Plan's administration costs and expenses for the Plan Year and any remainder for the Plan Year to reduce the Employer's contribution, and shall not be allocated among the Participant's Accounts. 5.6 For any Top Heavy Plan Year, the total of the Employer's contribution and, if otherwise permitted herein, forfeitures allocated to the Participant's Account of each Non-Key Employee shall not be less than the lesser of (i) three (3%) percent of such Non-Key Employee's compensation (as defined below), or (ii) in the case where the Employer has no defined benefit plan which designates this Plan to satisfy Code Section 401(a) (4) or Code Section 410, the largest percentage of Employer contributions and forfeitures, as a percentage of the first $200,000 (or 5150,000, as adjusted by the Internal Revenue Service, for Plan Years beginning after 1993) of the Key Employee's Code Section 415 Compensation (including any amounts...

Allocation of Contributions and Forfeitures. Unless selected otherwise under the Participating Employer Adoption Page, any contributions made by a Participating Employer (and any forfeitures relating to such contributions) will be allocated to all Participants employed by the Employer and Participating Employers in accordance with the provisions under this Plan. A Participating Employer may elect under the Participating Employer Adoption Page to allocate its contributions (and forfeitures relating to such contributions) only to the Participants employed by the Participating Employer making such contributions. If so elected, Employees of the Participating Employer will not share in an allocation of contributions (or forfeitures relating to such contributions) made by any other Participating Employer (except in such individual's capacity as an Employee of that other Participating Employer). Thus, for example, a Participating Employer may make a different discretionary contribution and allocate such contribution only to its Employees. Where contributions are allocated only to the Employees of a contributing Participating Employer, a separate accounting must be maintained of Employees’ Account Balances attributable to the contributions of a particular Participating Employer. This separate accounting is necessary only for contributions that are not 100% vested, so that the allocation of forfeitures attributable to such contributions can be allocated for the benefit of the appropriate Employees.

Allocation of Contributions and Forfeitures. The Committee, as of the Anniversary Date of each Plan Year, shall allocate each Employer contribution and forfeitures if any to the Account of each Participant of the Employer in the same proportion that each such Participant's Compensation for the Plan Year bears to the Compensation of all Participants of the Employer for the Plan Year. A Participant who remains in the employ of the Employer after attaining the Normal Retirement Date shall continue to participate in Employer contributions. Forfeitures shall be allocated in the Plan Year in which the forfeiture occurs. If more than one entity maintains the Plan, the Committee shall allocate all Employer contributions and forfeitures to each Participant in the Plan in accordance with this Article, without regard to which contributing Employer employs the Participant. A Participant's Compensation includes Compensation from all participating Employers, irrespective of which Employers are contributing to the Plan. A Participant shall share in the allocation of any Employer contribution and forfeitures only if he or she has completed 1,000 Hours of Service during such Plan Year. In addition, a Participant must be an Employee of the Employer on the last day of the Plan Year in order to share in the contribution for such Plan Year. However, a Participant shall share in Employer contributions and forfeitures for the Plan Year in which the Participant retires, dies, or becomes Disabled, regardless of the Hours of Service the Participant completes during the Plan Year and regardless of whether he or she is an Employee of the Employer on the last day of the Plan Year.

Allocation of Contributions and Forfeitures. The Committee, as of the last day of each Plan Year, shall allocate each Employer Contribution to the Account of each Participant of the Employer in the same proportion that each such Participant's Compensation for the Plan Year bears to the Compensation of all Participants of the Employer for the Plan Year. A Participant's Compensation shall include Compensation from all Participating Employers, irrespective of which Employers are contributing to the Plan.

Allocation of Contributions and Forfeitures. (a) Cash or Deferred Contributions made by the Employer on a Member's behalf for each month pursuant to Section 3.1 shall be allocated to such Member's 401(k) Account as of the last day of such month. (b) The Employer Matching Contributions made on a Member's behalf pursuant to Section 3.2 for each Plan Year shall be allocated as of the last day of such Plan Year to the Company Matching Contribution Account of such Member. (c) For purposes of this Paragraph, the following terms and phrases shall have these respective meanings:

Allocation of Contributions and Forfeitures. After any restoration ------------------------------------------- allocation required by Article V, the Plan Administrator shall allocate and credit each annual Employer contribution and forfeitures, if any. The Plan Administrator shall make all Plan allocations for a particular Plan Year as of the Accounting Date of that Plan Year. If more than one entity maintains the Plan, the Plan Administrator shall allocate all Employer contributions and forfeitures to each Participant in the Plan in accordance with this Article, without regard to which contributing Employer employs the Participant. A Participant's Compensation includes Compensation from all participating Employers, irrespective of which Employers are contributing to the Plan. The Plan Administrator shall allocate and credit the Employer contributions to the Participants' Accounts in accordance with the method elected by the Employer in the Adoption Agreement.

Allocation of Contributions and Forfeitures. Subject to the limitations in (S)7, the Forfeitures (and any amount deemed to be a Forfeiture under the terms of this Plan) and the contributions shall be allocated (and posted) in accordance with the following rules: (a) PROFIT SHARING PLAN.

Allocation of Contributions and Forfeitures. The Plan Administrator will separately credit contributions, distributions and forfeitures to the respective bookkeeping account of each separate type of Contribution.