Common use of Inclusion of Elective Deferrals Clause in Contracts

Inclusion of Elective Deferrals. 1. Elective Deferrals. For purposes of Elective Deferrals, does Compensation include Employer Contributions made pursuant to a salary reduction agreement which are not includible in the gross income of the Employee under any of the following Sections of the Code? (ANSWER "INCLUDED" OR "EXCLUDED" FOR EACH OF THE FOLLOWING ITEMS.) Section 125 (cafeteria plans) [X] Included [ ] Excluded Section 402(e)(3) (401(k) plans) [X] Included [ ] Excluded Section 402(h)(1)(B) (salary deferral SEP plans) [X] Included [ ] Excluded Section 403(b) (tax-sheltered annuity plans) [X] Included [ ] Excluded NOTE: IF A BOX IS NOT CHECKED FOR AN ITEM, "INCLUDED" WILL BE DEEMED TO BE SELECTED FOR THAT ITEM.

Inclusion of Elective Deferrals. 1. Elective Deferrals. Deferrals For purposes of Elective Deferrals, does Compensation include Employer Contributions made pursuant to a salary reduction agreement which are not includible in the gross income of the Employee under any of the following Sections of the Code? (ANSWER Answer "INCLUDEDincluded" OR or "EXCLUDEDexcluded" FOR EACH OF THE FOLLOWING ITEMS.for each of the following items) Section 125 (cafeteria plans) [X] Included [ ] _X_Included ___ Excluded Section 402(e)(3) (401(k) plans) [X] Included [ ] _X_Included ___ Excluded Section 402(h)(1)(B) (salary 402(h)(1)(B)(salary deferral SEP Plan) _X_Included ___ Excluded Section 403(b)(tax-sheltered plans) [X] Included [ ] _X_Included ___ Excluded Section 403(b) (tax-sheltered annuity plans) [X] Included [ ] Excluded NOTENote: IF A BOX IS NOT CHECKED FOR AN ITEMIf a box is not checked for an item, "INCLUDEDincluded" WILL BE DEEMED TO BE SELECTED FOR THAT ITEMwill be deemed to be selected for that item.