Determination of Returned Amount. Provided, however, that the return of any contributions to the Employer (or Participating Employer) pursuant to Section 12.10 (a), (b) or (d), shall satisfy the following requirements: (a) the amount returned shall not exceed the amount which would have been contributed had there been no error in determining the deduction or mistake of fact, as the case may be; (b) the amount returned shall not include the earnings attributable to such contributions; (c) the amount returned shall be reduced by any losses attributable to such contributions; (d) the individual Account of any Participant (or Beneficiary or alternate payee) shall not be reduced, by the return of such contributions, to less than such Account would have been had the returned contributions never been made. ARTICLE XIII.
Appears in 2 contracts
Sources: 401(k) Plan Document (Metals Usa Inc), 401(k) Plan Document (Metals Usa Inc)
Determination of Returned Amount. Provided, however, that the return of any contributions to the Employer (or Participating Employer) pursuant to Section 12.10 13.10 (a), (b) or (d), shall satisfy the following requirements:
(a) the amount returned shall not exceed the amount which would have been contributed had there been no error in determining the deduction or mistake of fact, as the case may be;
(b) the amount returned shall not include the earnings attributable to such contributions;
(c) the amount returned shall be reduced by any losses attributable to such contributions;
(d) the individual Account of any Participant (or Beneficiary or alternate payee) shall not be reduced, by the return of such contributions, to less than such Account would have been had the returned contributions never been made. ARTICLE XIII.
Appears in 2 contracts
Sources: Adoption Agreement (Sonic Corp), Adoption Agreement (BRPP LLC)
Determination of Returned Amount. Provided, however, that the return of any contributions to the Employer (or Participating Employer) pursuant to Section 12.10 (a), (b) or (d), shall satisfy the following requirements:
(a) the amount returned shall not exceed the amount which would have been contributed had there been no error in determining the deduction or mistake of fact, as the case may be;
(b) the amount returned shall not include the earnings attributable to such contributions;
(c) the amount returned shall be reduced by any losses attributable to such contributions;
(d) the individual Account of any Participant (or Beneficiary or alternate payee) shall not be reduced, by the return of such contributions, to less than such Account would have been had the returned contributions never been made. ARTICLE XIII.
Appears in 1 contract
Sources: Basic Plan Document (Fairfax Financial Holdings LTD/ Can)