Common use of Rollover Contributions Clause in Contracts

Rollover Contributions. (a) Qualified Rollover Contributions may be made to the Plan by any Eligible Employee of amounts received by such Eligible Employee from an individual retirement account or annuity or from an employees' trust described in section 401(a) of the Code, which is exempt from tax under section 501(a) of the Code, but only if any such Rollover Contribution is made pursuant to and in accordance with applicable provisions of the Code and Treasury regulations promulgated thereunder. A Rollover Contribution of amounts that are "eligible rollover distributions" within the meaning of section 402(f)(2)(A) of the Code may be made to the Plan irrespective of whether such eligible rollover distribution was paid to the Eligible Employee or paid to the Plan as a "direct" Rollover Contribution. A direct Rollover Contribution to the Plan may be effectuated only by wire transfer directed to the Trustee or by issuance of a check made payable to the Trustee, which is negotiable only by the Trustee and which identifies the Eligible Employee for whose benefit the Rollover Contribution is being made. Any Eligible Employee desiring to effect a Rollover Contribution to the Plan must execute and file with the Committee the form prescribed by the Committee for such purpose. The Committee may require as a condition to accepting any Rollover Contribution that such Eligible Employee furnish any evidence that the Committee in its discretion deems satisfactory to establish that the proposed Rollover Contribution is in fact eligible for rollover to the Plan and is made pursuant to and in accordance with applicable provisions of the Code and Treasury regulations. All Rollover Contributions to the Plan must be made in cash. A Rollover Contribution shall be credited to the Rollover Contribution Account of the Eligible Employee for whose benefit such Rollover Contribution is being made as of the last day of the month in which such Rollover Contribution is made. (b) An Eligible Employee who has made a Rollover Contribution in accordance with this Section, but who has not otherwise become a Member of the Plan in accordance with Section 2.2, shall become a Member coincident with such Rollover Contribution; provided, however, that such Member shall not have a right to defer Compensation or have Employer Contributions made on his behalf until he has otherwise satisfied the requirements imposed by Section 2.2.

Appears in 1 contract

Sources: Profit Sharing/401(k) Savings Plan (Dynegy Inc)

Rollover Contributions. The Administrator, in its sole discretion, may permit to be made by or on behalf of a Participant a Rollover Contribution (aincluding a ▇▇▇▇ Rollover Contribution) Qualified that satisfies the requirements of this Section 4.3(d). In determining whether to permit a Rollover Contributions Contribution with respect to a Participant, the Administrator shall be concerned primarily with whether such contribution satisfies all of the requirements of the Code and the associated regulations and administrative guidance relating to such contributions. In making any such determination, the Administrator may require the Participant to furnish such certificates, affidavits, opinions of counsel, rulings if the Internal Revenue Service, or other information or data as the Administrator, in its sole discretion, may deem necessary or appropriate. Any permitted Rollover Contribution may be made to by or on behalf of the Plan by any Eligible Employee affected Participant and shall represent such Participant’s interest in one or more eligible retirement plans within the meaning of amounts received by such Eligible Employee from an individual retirement account or annuity or from an employees' trust described in section 401(aSection 402(c) of the Code, which is exempt from tax under section 501(a) of the Code, but only if any such Rollover Contribution is made pursuant to and in accordance with applicable provisions of the Code and Treasury regulations promulgated thereunder. A Rollover Contribution of amounts that are "eligible rollover distributions" within the meaning of section 402(f)(2)(A) of the Code may be made to the Plan irrespective of whether such eligible rollover distribution was paid to the Eligible Employee or paid to the Plan as a "direct" Rollover Contribution. A direct Rollover Contribution to the Plan may be effectuated only by wire transfer directed either directly to the Trustee or by issuance of a check made payable to the Trustee, which is negotiable only by Administrator for transmittal to the Trustee and which identifies as soon as practical after the Eligible Employee for whose benefit the Rollover Contribution is being madereceipt thereof. Any Eligible Employee desiring to effect a Rollover Contribution to the Plan must execute and file with the Committee the form prescribed by the Committee for such purpose. The Committee may require as a condition to accepting any Rollover Contribution that such Eligible Employee furnish any evidence that the Committee in its discretion deems satisfactory to establish that the proposed Rollover Contribution is in fact eligible for rollover to the Plan and is made pursuant to and in accordance with applicable provisions of the Code and Treasury regulations. All Rollover Contributions to the Plan must be made in cash. A Rollover Contribution contributions shall be credited to the Rollover Contribution Account maintained on behalf of the Eligible Employee for whose benefit such Participant, provided however that all ▇▇▇▇ Rollover Contribution is being made as of the last day of the month in which such Rollover Contribution is made. (b) An Eligible Employee who has made Contributions shall be credited to a Rollover Contribution Account separate and apart for the account(s) maintained for all other Rollover Contributions. A Participant shall at all times be fully vested in accordance with this Section, but who has not otherwise become such Participant’s Rollover Contribution Account balance. In the event that a Member Rollover Contribution accepted by the Plan is determined subsequently by the Administrator to be ineligible for treatment as an eligible rollover within the meaning of Section 402(c) of the Plan in accordance Code, such contribution, together with Section 2.2associated investment gains, if any, shall become a Member coincident with be distributed to the affected Participant not later than the due date (including extensions) for the tax return of the Company (or Affiliated Company by which the Participant is employed) for the period covering the date on which such Rollover Contributiondetermination is made; provided, however, provided however that such Member distribution shall not have be deemed a right to defer Compensation return of the contribution, rather than a distribution within the meaning of Section 72 or have Employer Contributions made on his behalf until he has otherwise satisfied 401(a) of the requirements imposed by Section 2.2Code.

Appears in 1 contract

Sources: Employee Savings and 401(k) Plan Amendment (Platform Specialty Products Corp)

Rollover Contributions. (a) Qualified Rollover Contributions may be made to the Plan by any Eligible Employee of amounts received by such Eligible Employee from an individual retirement account or annuity or from an employees' trust described in section 401(a) of the Code, which is exempt from tax under section 501(a) of the Code, but only if any such Rollover Contribution is made pursuant to and in accordance with applicable provisions of the Code and Treasury regulations promulgated thereunder. A Rollover Contribution of amounts that are "eligible rollover distributions" within the meaning of section 402(f)(2)(A) of the Code may be made to the Plan irrespective of whether such eligible rollover distribution was paid to the Eligible Employee or paid to the Plan as a "direct" Rollover Contribution. A direct Rollover Contribution to the Plan may be effectuated only by wire transfer directed to the Trustee or by issuance of a check made payable to the Trustee, which is negotiable only by the Trustee and which identifies the Eligible Employee for whose benefit the Rollover Contribution is being made. Any Eligible Employee desiring to effect a Rollover Contribution to the Plan must execute and file with the Committee the form prescribed by the Committee for such purpose. The Committee may require as a condition to accepting any Rollover Contribution that such Eligible Employee furnish any evidence that the Committee in its discretion deems satisfactory to establish that the proposed Rollover Contribution is in fact eligible for rollover to the Plan and is made pursuant to and in accordance with applicable provisions of the Code and Treasury regulations. All Rollover Contributions to the Plan must be made in cash. A Rollover Contribution shall be credited to the Rollover Contribution Account of the Eligible Employee for whose benefit such Rollover Contribution is being made as of the last day of the month in which such Rollover Contribution is made. (b) An Eligible Employee who has made a Rollover Contribution in accordance with this Section, but who has not otherwise become a Member of the Plan in accordance with Section 2.2, shall become a Member coincident with such Rollover Contribution; provided, however, that such Member shall not have a right to defer Compensation or have Employer Contributions made on his behalf until he has otherwise satisfied the requirements imposed by Section 2.2.

Appears in 1 contract

Sources: 401(k) Savings Plan (Cardinal Health Inc)

Rollover Contributions. An Employee (aor former Employee) Qualified may make a Rollover Contributions may be made Contribution to the this Plan by any Eligible Employee of amounts received by such Eligible Employee from an individual a qualified retirement account or annuity plan or from an employees' trust IRA, if the acceptance of rollovers is permitted under AA §C-2 or if the Plan Administrator adopts administrative procedures regarding the acceptance of Rollover Contributions. Subject to the provisions under Section 3.02(c)(2)(v)(E) relating to rollovers of ▇▇▇▇ Deferrals, any Rollover Contribution an Employee (or former Employee) makes to this Plan will be held in the Employee’s Rollover Contribution Account, which is always 100% vested. A Participant may withdraw amounts from his/her Rollover Contribution Account at any time, in accordance with the distribution rules under Section 7, except as prohibited under AA §10. Any amounts received as a Rollover Contribution under this Section 3.05 will not be treated as an Annual Addition for purposes of applying the Code §415 Limitation described in section Section 5.02. For purposes of this Section 3.05, a qualified retirement plan is a tax-qualified retirement plan described in Code §401(a) or Code §403(a), an annuity contract described in §403(b) of the Code, which is exempt from tax or an eligible plan under section 501(a) of the Code, but only if any such Rollover Contribution is made pursuant to and in accordance with applicable provisions of the Code and Treasury regulations promulgated thereunder. A Rollover Contribution of amounts that are "eligible rollover distributions" within the meaning of section 402(f)(2)(A§457(b) of the Code may which is maintained by a state, political subdivision of a state, or any agency or instrumentality of a state or political subdivision of a state. To qualify as a Rollover Contribution under this Section, the Rollover Contribution must be made transferred directly from the qualified retirement plan or IRA in a Direct Rollover or must be transferred to the Plan irrespective by the Employee within the requisite period of whether such eligible rollover distribution was paid time for Rollover Contributions from the qualified plan or IRA. The Plan Administrator may accept any Rollover Contribution that satisfies the requirements, including the time period to make Rollover Contributions, under Code §402(c) and applicable IRS regulations and other guidance. Thus, for example, the Plan Administrator may accept a Rollover Contribution as provided under Revenue Procedure 2016-47 relating to the Eligible waiver of the 60-day rollover period and acceptable self-certification by an Employee or paid to the Plan as a "direct" Rollover Contribution. A direct Rollover Contribution to and the Plan may be effectuated only by wire transfer directed to the Trustee or by issuance of accept a check made payable to the Trustee, which is negotiable only by the Trustee and which identifies the Eligible Employee for whose benefit the Rollover Contribution is being madeof qualified plan loan offset amounts within the applicable time period. Any Eligible If permitted under AA §C-2 or other administrative procedures, an Employee desiring to effect (or former Employee) may make a Rollover Contribution to the Plan must execute and file even if the Employee is not a Participant with respect to any or all other contributions under the Committee the form prescribed by the Committee for such purposePlan. The Committee may require An Employee who makes a Rollover Contribution to this Plan prior to becoming a Participant shall be treated as a condition Participant only with respect to accepting any such Rollover Contribution that such Eligible Employee furnish any evidence that the Committee in its discretion deems satisfactory Account, but shall not be treated as a Participant with respect to establish that the proposed Rollover Contribution is in fact eligible for rollover to other contribution sources under the Plan and is made pursuant to and in accordance with applicable provisions of until he/she otherwise satisfies the Code and Treasury regulationseligibility conditions under the Plan. All Rollover Contributions to To the Plan must be made in cash. A Rollover Contribution shall be credited to extent Participant loans are authorized under the Plan, a “limited Participant” under this paragraph may request a Participant loan from the Rollover Contribution Account of Account, unless provided otherwise under AA §B-3 or separate administrative procedures adopted by the Eligible Employee for whose benefit such Plan Administrator. The Plan Administrator may refuse to accept a Rollover Contribution if the Plan Administrator reasonably believes the Rollover Contribution: (a) is not being made as of the last day of the month in which such Rollover Contribution is made.from a proper plan or IRA; (b) An Eligible is not being made within sixty (60) days from receipt of the amounts from a qualified retirement plan or IRA; (c) could jeopardize the tax-exempt status of the Plan; or (d) could create adverse tax consequences for the Plan or the Employer. (a) When accepting the amount from the Employee who has made as a Rollover Contribution in accordance with this SectionContribution, but who has not otherwise become a Member of the Plan in accordance with Section 2.2, shall become Administrator must reasonably conclude that the contribution is a Member coincident with such valid Rollover Contribution; providedand (b) If the Plan Administrator later determines that the contribution was an invalid Rollover Contribution, howeverthe Plan Administrator must distribute the amount of the invalid Rollover Contribution, that plus any earnings attributable thereto, to the Employee within a reasonable time after such Member shall not have a right to defer Compensation or have Employer Contributions made on his behalf until he has otherwise satisfied the requirements imposed by Section 2.2determination.

Appears in 1 contract

Sources: Governmental Nonstandardized Defined Contribution Plan

Rollover Contributions. A Rollover Contribution may be made by or for an Eligible Employee if Rollover Contributions are permitted in Item Q and if the following conditions are met: (a) Qualified Rollover Contributions may be made to the Plan by any Eligible Employee of amounts received by such Eligible Employee from an individual retirement account or annuity or from an employees' trust described in section 401(a) of the Code, which is exempt from tax under section 501(a) of the Code, but only if any such Rollover The Contribution is made pursuant to and in accordance with applicable provisions of a rollover contribution which the Code and Treasury regulations promulgated thereunder. A Rollover Contribution permits to be transferred to a plan that meets the requirements of amounts that are "eligible rollover distributions" within the meaning of section 402(f)(2)(A) of the Code may be made to the Plan irrespective of whether such eligible rollover distribution was paid to the Eligible Employee or paid to the Plan as a "direct" Rollover Contribution. A direct Rollover Contribution to the Plan may be effectuated only by wire transfer directed to the Trustee or by issuance of a check made payable to the Trustee, which is negotiable only by the Trustee and which identifies the Eligible Employee for whose benefit the Rollover Contribution is being made. Any Eligible Employee desiring to effect a Rollover Contribution to the Plan must execute and file with the Committee the form prescribed by the Committee for such purpose. The Committee may require as a condition to accepting any Rollover Contribution that such Eligible Employee furnish any evidence that the Committee in its discretion deems satisfactory to establish that the proposed Rollover Contribution is in fact eligible for rollover to the Plan and is made pursuant to and in accordance with applicable provisions of the Code and Treasury regulations. All Rollover Contributions to the Plan must be made in cash. A Rollover Contribution shall be credited to the Rollover Contribution Account of the Eligible Employee for whose benefit such Rollover Contribution is being made as of the last day of the month in which such Rollover Contribution is madeSection 401(a). (b) An If the Contribution is made by the Eligible Employee, it is made within sixty days after he receives the distribution. (c) The Eligible Employee who has furnishes evidence satisfactory to the Plan Administrator that the proposed transfer is in fact a rollover contribution which meets conditions (a) and (b) above. The Rollover Contribution may be made by the Eligible Employee or the Eligible Employee may direct the trustee or named fiduciary of another plan to transfer the funds which would otherwise be a Rollover Contribution in accordance with directly to this SectionPlan. Such transferred funds shall be called a Rollover Contribution. The Contribution shall be made according to procedures set up by the Plan Administrator. If the Eligible Employee is not an Active Member when the Rollover Contribution is made, but who has not otherwise become a he shall be deemed to be an Active Member only for the purpose of investment and distribution of the Plan in accordance with Section 2.2, shall become a Member coincident with such Rollover Contribution; provided, however, that such Member shall not have a right to defer Compensation or have Employer . Rollover Contributions made on by or for an Eligible Employee shall be credited to his behalf until he has otherwise satisfied Account. Rollover Contributions are at all times fully (100%) vested and nonforfeitable. A separate accounting record shall be maintained for that part of his Rollover Contribution consisting of voluntary contributions which were deducted from the requirements imposed by Section 2.2Member's gross income for Federal income tax purposes. Prior Plan Assets which result from the Member's rollover contributions shall be treated in the same manner as Rollover Contributions made under this Plan.

Appears in 1 contract

Sources: Prototype Plan Amendment (Maic Holdings Inc)

Rollover Contributions. (a) Qualified Rollover Contributions may be made to the Plan by any Eligible Employee Member of amounts received by such Eligible Employee Member from an certain individual retirement account accounts or annuity annuities or from an employees' trust described in section 401(a) of the Code, which is exempt from tax under section 501(a) of the Code, but only if any such Rollover Contribution is made pursuant to and in accordance with applicable provisions of the Code and Treasury regulations promulgated thereunder. A Rollover Contribution of amounts that are "eligible rollover distributions" within the meaning of section 402(f)(2)(A) of the Code may be made to the Plan irrespective of whether such eligible rollover distribution was paid to the Eligible Employee Member or paid to the Plan as a "direct" Rollover Contribution. A direct Rollover Contribution to the Plan may be effectuated only by wire transfer directed to the Trustee or by issuance of a check made payable to the Trustee, which is negotiable only by the Trustee and which identifies the Eligible Employee Member for whose benefit the Rollover Contribution is being made. Any Eligible Employee Member desiring to effect a Rollover Contribution to the Plan must execute and file with the Committee the form prescribed by the Committee for such purpose. The Committee may require as a condition to accepting any Rollover Contribution that such Eligible Employee Member furnish any evidence that the Committee in its discretion deems satisfactory to establish that the proposed Rollover Contribution is in fact eligible for rollover to the Plan and is made pursuant to and in accordance with applicable provisions of the Code and Treasury regulations. All Rollover Contributions to the Plan must be made in cash. A Rollover Contribution shall be credited to the Rollover Contribution Account of the Eligible Employee Member for whose benefit such Rollover Contribution is being made as of the last day of the month in which such Rollover Contribution is made. (b) An Eligible Employee who has made a Rollover Contribution in accordance with this Section, but who has not otherwise become a Member of the Plan in accordance with Section 2.2, shall become a Member coincident with such Rollover Contribution; provided, however, that such Member shall not have a right to defer Compensation or have Employer Contributions made on his behalf until he has otherwise satisfied the requirements imposed by Section 2.2.

Appears in 1 contract

Sources: 401(k) Savings Plan (Group 1 Automotive Inc)

Rollover Contributions. (a) Qualified Rollover Contributions may be made to the Plan by any Eligible Employee of amounts received by such Eligible Employee from an individual retirement account or annuity or from an employees' trust described in section 401(a) of the Code, which is exempt from tax under section 501(a) of the Code, but only if any such Rollover Contribution is made pursuant to and in accordance with applicable provisions of the Code and Treasury regulations promulgated thereunder. A Rollover Contribution of amounts that are "eligible rollover distributions" within the meaning of section 402(f)(2)(A) of the Code may be made to the Plan irrespective of whether such eligible rollover distribution was paid to the Eligible Employee or paid to the Plan as a "direct" Rollover Contribution. A direct Rollover Contribution to the Plan may be effectuated only by wire transfer directed to the Trustee or by issuance of a check made payable to the Trustee, which is negotiable only by the Trustee and which identifies the Eligible Employee for whose benefit the Rollover Contribution is being made. Any Eligible Employee desiring to effect a Rollover Contribution to the Plan must execute and file with the Committee the form prescribed by the Committee for such purpose. The Committee may require as a condition to accepting any Rollover Contribution that such Eligible Employee furnish any evidence that the Committee in its discretion deems satisfactory to establish that the proposed Rollover Contribution is in fact eligible for rollover to the Plan and is made pursuant to and in accordance with applicable provisions of the Code and Treasury regulations. All Rollover Contributions to the Plan must be made in cash. A Rollover Contribution shall be credited to the Rollover Contribution Account of the Eligible Employee for whose benefit such Rollover Contribution is being made as of when received by the last day of the month in which such Rollover Contribution is madeTrustee. (b) An Eligible Employee who has made a Rollover Contribution in accordance with this Section, but who has not otherwise become a Member of the Plan in accordance with Section 2.2Article II, shall become a Member coincident with such Rollover Contribution; provided, however, that such Member shall not have a right to defer Compensation or have Employer Contributions made on his behalf until he has otherwise satisfied the requirements imposed by Section 2.2Article II.

Appears in 1 contract

Sources: Thrift Plan (Seagull Energy Corp)

Rollover Contributions. The Employer shall specify in the Adoption ---------------------- Agreement whether rollover contributions shall be permitted under the Plan. If so authorized by the Adoption Agreement, any Employee (aprior to satisfying the Plan's eligibility conditions) Qualified Rollover Contributions may be made to the Plan by any Eligible Employee of amounts received by such Eligible Employee from an individual retirement account or annuity or from an employees' trust described in section 401(a) of the CodeParticipant, which is exempt from tax under section 501(a) of the Code, but only if any such Rollover Contribution is made pursuant to and in accordance after filing with applicable provisions of the Code and Treasury regulations promulgated thereunder. A Rollover Contribution of amounts that are "eligible rollover distributions" within the meaning of section 402(f)(2)(A) of the Code may be made to the Plan irrespective of whether such eligible rollover distribution was paid to the Eligible Employee or paid to the Plan as a "direct" Rollover Contribution. A direct Rollover Contribution to the Plan may be effectuated only by wire transfer directed to the Trustee or by issuance of a check made payable to the Trustee, which is negotiable only by the Trustee and which identifies the Eligible Employee for whose benefit the Rollover Contribution is being made. Any Eligible Employee desiring to effect a Rollover Contribution to the Plan must execute and file with the Committee the form prescribed by the Committee for such purposePlan Administrator, may contribute cash or other property to the Trust other than as a voluntary nondeductible Employee contribution if the contribution is a "rollover contribution" which the Code permits an Employee to transfer either directly or indirectly from one qualified plan to another qualified plan. The Committee Before accepting a rollover contribution, the Trustee may require as a condition an Employee to accepting any Rollover Contribution that such Eligible Employee furnish any satisfactory evidence that the Committee in its discretion deems satisfactory to establish that the proposed Rollover Contribution transfer is in fact eligible a rollover contribution which the Code permits an Employee to make to a qualified plan. A rollover contribution shall not be considered an Annual Addition under Article IV. The Trustee shall invest the rollover contribution in a segregated investment Account for the Employee's sole benefit subject to Section 4.08 unless the Trustee, in its sole discretion, agrees to invest the rollover contribution as part of the Trust Fund. The Trustee shall hold, administer, and distribute a rollover contribution in the same manner as any Employer contribution made to the Plan and is made pursuant to and in accordance with applicable provisions of the Code and Treasury regulationsTrust. All Rollover Contributions If an Employee makes a rollover contribution to the Trust prior to satisfying the Plan's eligibility conditions, the Plan must be made in cash. A Rollover Contribution Administrator and Trustee shall be credited to treat the Rollover Contribution Account of the Eligible Employee as a Participant for whose benefit such Rollover Contribution is being made as of the last day of the month in which such Rollover Contribution is made. (b) An Eligible Employee who has made a Rollover Contribution in accordance with this Section, but who has not otherwise become a Member all purposes of the Plan in accordance with Section 2.2, shall become a Member coincident with such Rollover Contribution; provided, however, except that such Member the Employee shall not have be considered a right to defer Compensation Participant for purposes of sharing in Employer contributions or have Employer Contributions made on his behalf Participant forfeitures under the Plan until he has otherwise satisfied such Employee actually becomes a Participant in the requirements imposed by Section 2.2Plan.

Appears in 1 contract

Sources: Defined Contribution Basic Plan Document and Trust Agreement (Birner Dental Management Services Inc)