Common use of Employer Matching Contributions Clause in Contracts

Employer Matching Contributions. If the correction of Excess Aggregate Contributions attributable to Employer matching contributions is not in proportion to the Vested and non-Vested portion of such contributions, then the Vested portion of the Participant's Account attributable to Employer matching contributions after the correction shall be subject to Section 6.5(g). (b) Any distribution and/or forfeiture of less than the entire amount of Excess Aggregate Contributions (and Income) shall be treated as a pro rata distribution and/or forfeiture of Excess Aggregate Contributions and Income. Distribution of Excess Aggregate Contributions shall be designated by the Employer as a distribution of Excess Aggregate Contributions (and Income). Forfeitures of Excess Aggregate Contributions shall be treated in accordance with Section 4.4. (c) Excess Aggregate Contributions attributable to amounts other than voluntary Employee contributions, including forfeited matching contributions, shall be treated as Employer contributions for purposes of Code Sections 404 and 415 even if distributed from the Plan. Forfeited matching contributions that are reallocated to Participants' Accounts for the Plan Year in which the forfeiture occurs shall be treated as an "annual addition" pursuant to Section 4.9(b) for the Participants to whose Accounts they are reallocated and for the Participants from whose Accounts they are forfeited. (d) For each Highly Compensated Participant, the amount of Excess Aggregate Contributions is equal to the Employer matching contributions made pursuant to Section 4.1(b), voluntary Employee contributions made pursuant to Section 4.12, Excess Contributions recharacterized as voluntary Employee contributions pursuant to Section 4.6(a) and any qualified non-elective contributions or elective deferrals taken into account pursuant to Section 4.7(c) on behalf of

Employer Matching Contributions. If the correction (a) Each Participant who has completed at least one year of Excess Aggregate Contributions attributable Service (as defined above) with Tyson or a Participating Affiliate shall be entitled to Employer matching contributions is not in proportion to the Vested and non-Vested portion of such on that Participant’s contributions, then the Vested portion if any, made following completion of the Participant's Account attributable to Employer matching contributions after first year of Service in the correction shall be subject to Section 6.5(g)amount and manner as determined in Subsections (b) and (d) of this Section. (b) Any distribution and/or forfeiture Contributions made pursuant to this Section 4.1 shall match only a portion of less than the entire amount Participant contributions made pursuant to Section 3.2 above. Such matching contributions shall be equal to a percentage, not to exceed fifty percent (50%), of Excess Aggregate Contributions the first ten percent (and Income10%) of Base Earnings deferred by an eligible Participant under Section 3.2 of the Plan. The Board of Directors of Tyson (or any committee of the Board of Directors) shall determine from time to time on a prospective basis the level of contributions to be treated made pursuant to this Section 4.1(b), consistent with the general parameters set forth in the immediately preceding sentence. The Committee shall advise eligible Participants of any change in the level of matching contributions as a pro rata distribution and/or forfeiture of Excess Aggregate Contributions and Income. Distribution of Excess Aggregate Contributions shall be designated by the Employer soon as a distribution of Excess Aggregate Contributions (and Income). Forfeitures of Excess Aggregate Contributions shall be treated in accordance with Section 4.4administratively practicable. (c) Excess Aggregate Contributions attributable to amounts other than voluntary Employee contributions, including forfeited matching contributions, shall Matching contributions generally will be treated made at or about the same time as Employer contributions for purposes of Code Sections 404 and 415 even if distributed from the Plan. Forfeited matching contributions that are reallocated to Participants' Accounts payroll deductions for the Plan Year in Participant contributions to which the forfeiture occurs shall be treated as an "annual addition" pursuant to Section 4.9(b) for the Participants to whose Accounts they are reallocated and for the Participants from whose Accounts they are forfeitedrelate. (d) For each Highly Compensated Participant, Notwithstanding any other provisions of the amount of Excess Aggregate Contributions is equal Plan to the Employer contrary, matching contributions shall be allocated to otherwise eligible Participants in accordance with the following provisions: (i) Except as provided in the immediately succeeding provisions of this Section 4.2(d)(i), Participants who otherwise are entitled to matching contributions under this Plan shall have such contributions made to a matching account under the Plan. Matching contributions to be made on behalf of each Participant who is determined not to be a “highly compensated employee”, within the meaning of Section 414(q) of the Internal Revenue Code of 1986, as amended, for any plan year of a designated retirement plan qualified under Section 401(a) of the Internal Revenue Code of 1986, as amended, and maintained by the Employer with respect to which the Participant is an eligible member (a ‘Tax-Qualified Plan’) shall be credited during that plan year directly to an appropriate account established for such Participant under the Tax-Qualified Plan, with such amounts to be administered and distributed pursuant to Section 4.1(bthe related terms of the Tax-Qualified Plan. Notwithstanding the immediately preceding sentence, if an Employer does not maintain a Tax-Qualified Plan or does not expressly designate a Tax-Qualified Plan, by amendment or otherwise, as the recipient of such matching contributions, then such contributions shall be credited to a matching account under the Plan. (ii) Tyson retains the discretion to suspend for any specific or indefinite periods of time the making of matching contributions hereunder to otherwise eligible Participants as may from time to time be determined to be in the best interests of Tyson by its Board of Directors (or any committee thereof). Any such suspension of matching contributions may be applied to all eligible Participants or to one or more identifiable classes of employees and may be implemented at any time. Participants affected by any such suspension shall be notified of the implementation, voluntary Employee and lifting, of the suspension, in each case as soon as administratively practicable. Any affected Participant shall not be entitled to matching contributions made pursuant to Section 4.12for the Pay Periods (or other periods of time) during which the suspension is effective, Excess Contributions recharacterized as voluntary Employee contributions pursuant to Section 4.6(a) and determined by the Board of Directors of Tyson (or any qualified non-elective contributions or elective deferrals taken into account pursuant to Section 4.7(c) on behalf ofcommittee thereof).

Employer Matching Contributions. If selected by the correction of Excess Aggregate Contributions attributable to Employer matching contributions is not in proportion the Adoption Agreement, the Employer will make an Employer Matching Contribution (for allocation together with forfeitures under Section 8.02 below) to the Vested and non-Vested portion Participant's Employer Matching Contribution Account for each eligible Participant for each Plan Year that a contribution within one or more of the contribution categories selected by the Employer in the Adoption Agreement (i.e., Salary Reduction Contributions, Deferred Cash Contributions, or Nondeductible Voluntary Contributions) is allocated to the eligible Participant's Account. The Employer Matching Contribution made for an eligible Participant shall be in an amount equal to at least the percentage specified in the applicable section of the Adoption Agreement multiplied by the aggregate selected contributions (i.e., Salary Reduction Contributions, Deferred Cash Contributions (not taken in cash) and/or Nondeductible Voluntary Contributions) allocated to the eligible Participant's Account for the Plan Year, but only to the extent that the total of such contributions, then selected contributions does not exceed the Vested portion percentage of the Participant's Account attributable Compensation or the dollar amount specified in the Adoption Agreement. Notwithstanding any implication of the preceding sentence to the contrary, the Employer matching contributions after Matching Contribution otherwise to be made for a Participant may be reduced to the correction extent necessary to comply with the limitations of Section 4.08 hereof and shall be subject reduced to Section 6.5(g). (b) the extent necessary to comply with the limitations of Articles V and VI hereof. Any distribution and/or forfeiture amount which cannot be contributed to the Trust because of less than these limitations will be retained by the entire Employer, and the Employer shall have no obligation to contribute such amount of Excess Aggregate Contributions (and Income) shall be treated as a pro rata distribution and/or forfeiture of Excess Aggregate Contributions and Incometo the Trust. Distribution of Excess Aggregate Unless the Employer has specified otherwise in the Adoption Agreement, Employees eligible to receive Employer Matching Contributions shall be designated include all Participants and former Participants who were employed by the Employer during the Plan Year as a distribution of Excess Aggregate Contributions (and Income). Forfeitures of Excess Aggregate Contributions shall be treated Employees who were eligible to participate in accordance with Section 4.4. (c) Excess Aggregate Contributions attributable to amounts other than voluntary Employee contributions, including forfeited matching contributions, shall be treated as Employer contributions for purposes of Code Sections 404 and 415 even if distributed from the Plan. Forfeited matching contributions If the Employer has specified in the Adoption Agreement that are reallocated to Participants' Accounts for former Participants who were employed by the Employer during the Plan Year in which but who are not employed on the forfeiture occurs shall be treated as last day of the Plan Year must have completed a minimum number of Hours of Service to receive an "annual addition" pursuant to Section 4.9(b) allocation of Employer Matching Contributions for the Participants to whose Accounts they are reallocated and for the Participants from whose Accounts they are forfeited. (d) For each Highly Compensated Participantsuch Plan Year, the amount of Excess Aggregate Contributions is equal to the Employer matching shall not make contributions made pursuant to Section 4.1(b), voluntary Employee contributions made pursuant to Section 4.12, Excess Contributions recharacterized as voluntary Employee contributions pursuant to Section 4.6(a) and any qualified non-elective contributions or elective deferrals taken into account pursuant to Section 4.7(c) on behalf ofof such former Participants who fail to complete the required number of Hours of Service during such a Plan Year.