ALLOCATION OF EMPLOYER CONTRIBUTIONS Clause Samples

ALLOCATION OF EMPLOYER CONTRIBUTIONS. A. This option allows you to decide whether you will make contributions for former participants who retired or otherwise terminated participation in the plan during the plan year. If you do not wish to make contributions for these former participants, check the unshaded option. B. If your plan is top heavy, you may be required to make minimum contributions for non-key employees. If you maintain more than one qualified retirement plan, this election lets you select the plan responsible for making these minimum contributions. Check and complete the unshaded option if you want to make any minimum plan contributions from another tax qualified plan or from the ▇▇▇▇▇▇▇ Pension Plan if you have adopted both the ▇▇▇▇▇▇▇ Profit Sharing and Pension Plans. Do not check the unshaded option if you are adopting only the Profit Sharing plan.

ALLOCATION OF EMPLOYER CONTRIBUTIONS. A. A former Participant who has retired, died, otherwise terminated Service, or transferred to an ineligible class of Employees during the Plan year shall share in the allocation of Employer Contributions for the Plan Year |_| or, if this box is checked, shall not share in the allocation of Employer Contributions. B. Any required minimum top heavy allocations will be made first from this Plan unless the Employer has also adopted a ▇▇▇▇▇▇▇ Profit Sharing Plan (plan number 001 and 003), in which case the minimum top heavy allocations will be made first from that plan. |_| or, if this box is checked, first from the _______________ Plan (insert name of another qualified plan maintained by the Employer).

ALLOCATION OF EMPLOYER CONTRIBUTIONS. A. A former Participant who has retired, died, otherwise terminated Service, or transferred to an ineligible class of Employee during the Plan Year shall share in the allocation of Employee Contributions for the Plan Year |_| or, if this box is checked, shall not share in the allocation of Employer Contributions. B. Any required minimum top heavy allocations will be made first from this Plan |_| or, if this box is checked, first from the ____________________________ Plan (insert name of another qualified plan maintained by the Employer)

ALLOCATION OF EMPLOYER CONTRIBUTIONS. Subject to the Top Heavy allocation requirements of Section 3.5 and the Code Section 415 limitations of Article 6, Employer contributions will be allocated on the annual Valuation Date to each Eligible Participant's Account as follows:

ALLOCATION OF EMPLOYER CONTRIBUTIONS. (Check each box that applies.) 1. [ ] A Participant must be employed on the last day of the Plan Year to receive an allocation of Employer Contributions for the Plan Year. 2. [X] Allocations of Employer Contributions will be made to Accounts of Participants who terminate employment before the last day of the Plan Year due to (Check each box that applies): [X] death. [X] disability. [X] retirement on or after Early Retirement Age. [X] retirement on or after Normal Retirement Age. [ ] other Severance of Employment. [X] other Severance of Employment, provided that the Participant is credited with a Year of Service for the Plan Year. For this purpose, a Participant shall be credited with one Year of Service for the Plan Year if the Participant completes at least 1 Hour(s) of Service during the Plan Year.

ALLOCATION OF EMPLOYER CONTRIBUTIONS. (a) In General - As of each Annual Valuation Date, and after the allocations provided in Section 4.2 above, the current contribution of the Employer shall be allocated to the Employer Contribution Accounts of (i) all Participants who are active Employees on the last day of such Plan Year and who have a Year of Service for such year, and (ii) all retirees and disabled Participants who have not elected pursuant to Sections 5.1, 5.2 or 5.3 to have their Account Balances determined as of the Annual Valuation Date next preceding their dates of retirement, in the same proportion as the Annual Compensation of each such Participant or former Participant bears to the aggregate Annual Compensation of all such Participants during such year. For Plan Years beginning on or after January 1, 1993 (but before January 1, 1997), as of each Annual Valuation Date, and after the allocations provided in Section 4.2 above, the current contribution of the Employer shall be allocated to the Employer Contribution Accounts of (i) all Participants who are active Employees on the last day of such Plan Year, and (ii) all Participants who retired or become totally and permanently disabled (as defined in Section 5.2) during the Plan Year, and who have not elected pursuant to Sections 5.1, 5.2 or 5.3 to have their Account Balances determined as of the Annual Valuation Date next preceding their dates of retirement, in the same proportion as the Annual Compensation of each such Participant or former Participant bears to the aggregate Annual Compensation of all such Participants during such year, without regard to the number of Hours of Service credited to such Participant or former Participant for such Plan Year. For Plan Years ending on and after August 5, 1993, an Employee on FMLA Leave on the last day of the Plan Year who returns to work following such FMLA Leave shall be deemed to have been an active Employee on the last day of such Plan Year.

ALLOCATION OF EMPLOYER CONTRIBUTIONS. This type of Employer contribution shall be allocated on: [ ] a non-integrated basis (see Section 3.3(a)(2) of the Plan) (skip to Item 29), or [ ] an integrated basis (see Section 3.3(a)(3) of the Plan) (complete Item 28).

ALLOCATION OF EMPLOYER CONTRIBUTIONS. The provisions regarding the Allocation of Employer Contributions, including the definition of Compensation used for such allocation, that were set forth in the prior adoption agreement shall apply to Plan Years before January 1, 2002. This Plan and Adoption Agreement are duly executed on behalf of the Employer. EMPLOYER: Orange County, California: By: ______________________________ Title: ______________________________ Date: _______________________________ Employer has elected to meet the trust requirement of Code § 401(a) by setting plan assets aside for the exclusive benefit of participants and beneficiaries in a custodial account meeting the requirements of Code § 401(f). The bank, trust company or other qualified entity named below shall be the “deemed trustee” of plan assets held pursuant to the custodial agreement to be entered into between the Employer and the entity named below. A. Effective March 1, 2002, the following named bank, trust company or other qualified entity is hereby appointed as custodian of all or a portion of the assets of the Plan: B. INDIVIDUAL(S) AUTHORIZED TO ISSUE INSTRUCTIONS TO CUSTODIAN/TRUSTEE: This appointment is duly signed on behalf of the Employer and the Custodian. County of Orange, California _________________________________________ [Signature] ____________________________________________ [Title] ____________________________________________ [Date] ▇▇▇▇▇ Fargo Bank, National Association By:_________________________________________ [Signature] ____________________________________________ [Title] ____________________________________________ [Date] (Amended August 3, 2007 & Amended May 1, 2013) CONDITIONS OF ELIGIBILITY Any Employee who is a member of Executive Management Group I, II or III as of January 1, 1999 shall be eligible to participate in the Plan on such date. Any Employee who is a member of the Board of Supervisors as of March 12, 1999 shall be eligible to participate in the Plan on such date. Any administrative management employee who was designated as a “Confidential” Employee as of, or after, September 7, 2001 and continues in that assignment as of June 23, 2006, shall be eligible to participate in the Plan on such date. Exceptions to the schedule below may be permitted in the event the Board of Supervisors approves a specific contribution percentage via an employee employment or appointment agreement. Additionally, exceptions may be made in the event an entity for which the County administers this benefi...

ALLOCATION OF EMPLOYER CONTRIBUTIONS. As of the end of each Plan Year, the Committee shall: (a) allocate the Employer Contribution, if any, which is required to restore the nonvested portion of the Employer Accounts of Members who had previously forfeited that nonvested portion on the date they terminated employment but who qualified for the restoration of that amount during the Plan Year (provided that there are not sufficient forfeitures to reinstate Accounts required to be reinstated under Section 4.4); (b) allocate the Employer Contribution, if any, which is required to restore the Accounts of those Members whose benefits were forfeited because of the Committee’s inability to contact the Members previously but who have filed a claim for their Accounts during the Plan Year; (c) allocate the Employer Contribution, if any, which is necessary to fulfill the Top-Heavy Plan requirements of Appendix B if the Plan is determined to be a Top-Heavy Plan; and (d) allocate the Employer Contribution, if any, under Section 3.01 which is designated by the Board to be a discretionary Employer Contribution for the Plan Year not to be used for the purposes set out in (a) through (c) above, among the Members who are eligible to participate and who satisfy the requirements described below. Employer Contributions for a Plan Year will be allocated only to those Members who have completed 1,000 Hours of Employment during the Plan Year and are employed by an Employer or an Affiliated Employer on the last day of the Plan Year. However, a Member who dies or s▇▇▇▇▇ Service due to Disability during a Plan Year, or retires during a Plan Year after reaching Retirement Age, will be entitled to receive an allocation of the Employer Contribution for that Plan Year even if he has not completed 1,000 Hours of Employment or is not employed by an Employer or an Affiliated Employer on the last day of that Plan Year. If the Employer Contribution is made in cash, it shall be allocated based upon each Member’s Considered Compensation paid by the Employer as compared to the Considered Compensation of all Members employed by the Employer and eligible for the allocation. It shall be credited to each Member’s Employer Contribution Account. If the Employer Contribution is made in Employer Securities it shall be allocated in nonmonetary units consisting of shares of Employer Securities based upon each Considered Compensation paid by the Employer as compared to the Considered Compensation of all Members employed by the Employer and eligi...