Common use of Retention of Excess Amounts Clause in Contracts

Retention of Excess Amounts. If either the employer or the funding agent is unable to make a correcting distribution, Excess Amounts will be treated as corrected (even though the Excess Amounts are retained in the 403(b) Plan) if the following requirements are satisfied. Excess Amounts arising from a § 415 failure, adjusted for earnings through the date of correction, must reduce affected participants' applicable § 415 limit for the year following the year of correction (or for the year of correction if the Plan Sponsor so chooses), and subsequent years, until the excess is eliminated. See section 12.02(2).