Common use of Salary Deferral Contributions Clause in Contracts

Salary Deferral Contributions. Each Employer shall make a Salary Deferral Contribution in an amount equal to the amount by which the Considered Compensation of its Employees who are Participants was reduced on a pre-tax basis pursuant to salary deferral agreements (excluding amounts of Considered Compensation deferred pursuant to Section 3.02 that are properly characterized as Catch-up Salary Deferral Contributions). Any such salary deferral agreement shall be an agreement in a form satisfactory to the Committee to prospectively receive Considered Compensation from the Employer in a reduced amount and to have the Employer contribute an amount equal to the amount of the reduction to the Trust on account of the Participant. Any such salary deferral agreement shall be revocable in accordance with its terms, provided that no revocation shall be retroactive or permit payment to the Participant of the amount required to be contributed to the Trust. A Participant’s or former Participant’s right to benefits attributable to Salary Deferral Contributions made to the Plan on his behalf shall be nonforfeitable. This paragraph shall be effective January 1, 2007. Except as provided below, each Employee who first becomes employed by the Employer on or after January 1, 2007 and who satisfies the requirements of Section 3.1 shall have three percent (3%) of his Considered Compensation automatically deducted from his pay as a Salary Deferral Contribution to this Plan (the “Automatic Deduction”). No Automatic Deduction shall be made with respect to an Employee if (a) the Employee affirmatively elects a different level of Salary Deferral Contributions in accordance with the provisions of this Plan or (b) the Employee affirmatively elects not to make Salary Deferral Contributions in accordance with the provisions of this Plan. The maximum amount a Participant may elect to reduce his Considered Compensation under his salary deferral agreement and have contributed to the Plan on a pre-tax basis shall be determined by the Committee, in its sole discretion from time to time. The election to have Salary Deferral Contributions made, the ability to change the rate of Salary Deferral Contributions, the right to suspend Salary Deferral Contributions, and the manner of commencing new Salary Deferral Contributions shall be permitted under any uniform method determined by the Committee from time to time.

Salary Deferral Contributions. Each Employer shall make (a) If the Plan is adopted using Adoption Agreement NS-2, each Participant may enter into a Salary Deferral Contribution in an amount equal to the amount by which the Considered Compensation of its Employees who are Participants was reduced on a pre-tax basis pursuant to salary deferral agreements (excluding amounts of Considered Compensation deferred pursuant to Section 3.02 that are properly characterized as Catch-up Salary Deferral Contributions). Any such salary deferral agreement shall be an reduction agreement in a form satisfactory to the Committee to prospectively receive Considered Compensation from the Employer in a reduced amount and order to have the Employer contribute an amount equal to the amount of the reduction to the Trust on account of the Participant. Any such salary deferral agreement shall be revocable in accordance with its terms, provided that no revocation shall be retroactive or permit payment to the Participant of the amount required to be contributed to the Trust. A Participant’s or former Participant’s right to benefits attributable to Salary Deferral Contributions made to his or her Salary Deferral Account. Under the Plan on salary reduction agreement, the Participant may elect to have his behalf shall be nonforfeitable. This paragraph shall be effective January 1or her Compensation reduced by either a percentage or a dollar amount, 2007. Except as provided belowelected in the Adoption Agreement, and within the limits for deferrals specified in the Adoption Agreement. (b) The Adopting Employer may elect in the Adoption Agreement that each Employee who first becomes employed eligible to make a salary reduction agreement will be deemed to have made a salary reduction agreement to have his or her Compensation reduced by a percentage specified in the Employer on Adoption Agreement, subject to the Employee's right, prior to the effective date of the deemed salary reduction agreement, and, following full disclosure of the effect of the deemed salary reduction agreement, to elect to enter into a different salary reduction agreement or after January 1, 2007 and who satisfies the requirements of Section 3.1 shall to elect to have three percent (3%) of his Considered Compensation automatically deducted from his pay as a Salary Deferral Contribution to this Plan (the “Automatic Deduction”). No Automatic Deduction shall be made no salary reduction agreement in place with respect to an Employee if him or her. (c) Each salary reduction agreement in (a) the Employee affirmatively elects a different level of Salary Deferral Contributions in accordance with the provisions of this Plan or (b), as applicable, will apply to bonuses, unless it is elected in the Adoption Agreement to permit Participants to make a separate salary reduction agreement with respect to specified bonuses, in either a percentage or a dollar amount, as elected in the Adoption Agreement, and within the limits specified in the Adoption Agreement. (d) the Employee affirmatively elects not to The Employer of a Participant for whom a salary reduction election is in effect under paragraph (a), (b), or (c) will make Salary Deferral Contributions to the Plan, in accordance with the provisions amount of this Plan. The maximum amount a the Participant's salary reduction, to be allocated to the Participant's Salary Deferral Account. (e) A Participant may elect to reduce begin, modify, or end his Considered Compensation or her salary reductions under his paragraph (a) as of the first day of any month, unless it is elected in the Adoption Agreement that salary deferral agreement and have contributed to reductions may be begun, modified, or ended as of one of the following: (i) the first day of any week; (ii) the first day of any payroll period; (iii) the first day of any calendar quarter; (iv) the first day of any other period (not less frequent than annually) specified in the Adoption Agreement. (f) The Plan on a pre-tax basis shall be determined by the CommitteeAdministrator may, in its sole discretion from discretion, limit or reduce the deferral elections of Participants who are Highly Compensated Employees, in order to enable the Plan to satisfy the Actual Deferral Percentage test in section 4.5. (g) To the extent required by ▇▇▇▇▇▇, a Participant returning to employment with the Employer within the time to time. The election period specified under 38 U.S.C. 4312 or other applicable law after a period of military service may elect to have Salary Deferral Contributions made, made on his or her behalf with respect to the ability Plan Years that occurred during his or her military service in accordance with the following provisions: (i) Any such contributions shall be designated by the Participant as Salary Deferral Contributions and shall apply to change a Plan Year or Years during such military leave as designated by the Participant. Such contributions shall be made by pretax payroll deductions or by payment by the Participant. (ii) Contributions made pursuant to this section 4.4(g) shall be limited to the amount of Salary Deferral Contributions that the Participant could have made under the Plan in the applicable prior Plan Years if he or she had continued to participate actively in the Plan during the period of his or her military service (reduced by any Salary Deferral Contributions actually made in such prior Plan Years) at the rate of Salary Deferral Contributions, Compensation that he or she would have received during such period. Such contributions shall not be subject to the right to suspend Salary Deferral Contributions, and the manner of commencing new limitations on Salary Deferral Contributions described in Section 4.5 that apply to a Participant in the year such make-up contributions are actually made. (iii) Contributions made pursuant to this section 4.4(g) shall be permitted characterized as Salary Deferral Contributions and shall be eligible for Employer Matching Contributions, if applicable, to the extent such Matching Contributions would have been required had the Salary Deferral Contributions actually been made during the military leave. (iv) Any contributions made pursuant to this section 4.4(g) shall not be credited with earnings retroactively for the Participant's period of military service. There will be no reallocation of forfeitures made, if any, during a Participant's period of military service. (v) Contributions under any uniform method determined this section 4.4(g) shall be made pursuant to such forms and pursuant to such procedures established by the Committee from time to timePlan Administrator. Any such Contributions must be made during the period beginning with the payroll period occurring on or immediately following the Participant's reemployment date and ending within the lesser of five years or the length the Participant's period of military service multiplied by three after such reemployment date.

Salary Deferral Contributions. Each The Employer shall make a Salary Deferral Contribution in an amount equal to the amount by which the its Members' Considered Compensation of its Employees who are Participants was reduced on as a pre-tax basis pursuant to result of salary deferral agreements (excluding amounts of Considered Compensation deferred pursuant to Section 3.02 that are properly characterized as Catch-up Salary Deferral Contributions)agreements. Any such salary deferral agreement shall be an agreement in a form satisfactory to the Committee to prospectively receive Considered Compensation from the Employer in a reduced amount and to have the Employer contribute an amount equal to the amount of the reduction to the Trust on account of the ParticipantMember. A Member's right to benefits derived from Salary Deferral Contributions made to the Plan on his behalf shall be nonforfeitable. Any such salary deferral agreement shall be revocable in accordance with its terms, provided that no revocation shall be retroactive or permit payment to the Participant Member of the amount required to be contributed to the Trust. A Participant’s Member shall be entitled to prospectively modify his salary deferral agreement at least once a year. A Member shall be entitled to revoke, on a prospective basis, his salary deferral agreement at any time. A Member who revokes his salary reduction agreement may file a new salary reduction agreement with an effective date no earlier than the first day of the next Plan Year. A Member may increase or former Participant’s right may decrease, on a prospective basis, his salary reduction percentage or dollar amount as of the first day of each calendar quarter. Effective August 1, 2000, the following rules shall apply with respect to benefits attributable a Member's salary deferral election: (a) a Member's election to Salary Deferral Contributions made reduce his Considered Compensation may not exceed 25 percent of his Considered Compensation; (b) a Member who revokes his salary reduction agreement may file a new salary reduction agreement with an effective date as of the first day of any month subsequent to the Plan month in which he revoked the agreement; and (c) a Member may increase or may decrease, on a prospective basis, his behalf shall be nonforfeitablesalary reduction percentage or dollar amount as of the first day of each month. This paragraph shall be effective Effective January 1, 2007. Except as provided below2001, each Employee who first becomes employed by the Employer on or after January 1, 2007 and who satisfies the requirements of Section 3.1 shall have three percent (3%) of his Considered Compensation automatically deducted from his pay as a Salary Deferral Contribution to this Plan (the “Automatic Deduction”). No Automatic Deduction shall be made with respect to an Employee if (a) the Employee affirmatively elects a different level of Salary Deferral Contributions in accordance with the provisions of this Plan or (b) the Employee affirmatively elects not to make Salary Deferral Contributions in accordance with the provisions of this Plan. The maximum amount a Participant Member may elect to reduce his Considered Compensation under his salary deferral agreement and have contributed to the Plan on a pre-tax basis shall be determined by the Committee, in its sole discretion from time to time. The In addition, the election to have Salary Deferral Contributions made, the ability to change the rate of Salary Deferral Contributions, the right to suspend Salary Deferral Contributions, and the manner of commencing new Salary Deferral Contributions shall be permitted under any uniform method determined by the Committee from time to time.

Salary Deferral Contributions. Each Upon becoming a Participant, an Eligible Employee may elect to reduce his or her Pay by an amount that does not exceed the Contribution Dollar Limit, within the limits described in Section 3.5, and have such amount contributed to the Plan by the Employer as an Employee Pre-Tax Contribution, a ▇▇▇▇ Contribution (as defined in Section 3.9), or both (together, “Salary Deferral Contributions”). Such election shall be expressed as a whole percentage (or as whole percentages) of the Participant’s total Pay, and shall be made in such manner and with such advance notice as prescribed by the Administrator. A Participant’s Salary Deferral Contribution election shall be effective with the first administratively reasonable payroll paid after the date such notice is received and acknowledged by the Administrative Committee in the Human Resources Department of the Company. Effective January 1, 2019, each Participant who fails to affirmatively elect to reduce his or her Pay as a Salary Deferral Contribution (including a Contribution Percentage election of zero percent (0%)) shall be deemed to have elected an Employee Pre-Tax Contribution of one percent (1%), to be invested in accordance with Section 7.2 or 7.5, as applicable. As of the first administratively reasonable payroll period following each Participant’s Entry Date, such Participant (including a rehired Participant) who fails to affirmatively elect to reduce his or her Pay as a Salary Deferral Contribution (including a Contribution Percentage election of zero percent (0%)) shall be deemed to have elected an Employee Pre-Tax Contribution election of one percent (1%), to be invested in accordance with Section 7.2 or 7.5, as applicable. Effective January 1, 2020, each Participant who is deemed to have elected to make an Employee Pre-Tax Contribution pursuant to this Section, or who has affirmatively elected to make a Salary Deferral Contribution in an amount equal of less than six percent (6%) (including a Contribution Percentage election of zero percent (0%)), shall have his or her Contribution Percentage increased by one percent (1%), to the amount by which the Considered Compensation of its Employees who are Participants was reduced on a pre-tax basis pursuant to salary deferral agreements (excluding amounts of Considered Compensation deferred pursuant to Section 3.02 that are properly characterized as Catch-up Salary Deferral Contributions). Any such salary deferral agreement shall be an agreement in a form satisfactory to the Committee to prospectively receive Considered Compensation from the Employer in a reduced amount and to have the Employer contribute an amount equal to the amount of the reduction to the Trust on account of the Participant. Any such salary deferral agreement shall be revocable invested in accordance with its termsSection 7.2 or 7.5, provided that no revocation shall be retroactive or permit payment to the Participant as applicable, as of the amount required first pay date following January 1 of the second Plan Year beginning after his or her deemed or affirmative Salary Deferral Contribution election applies. Each such Participant’s Contribution Percentage shall continue to be contributed to increased annually, with the Trust. A Participant’s or former Participant’s right to benefits attributable to Salary Deferral Contributions made to the Plan on his behalf shall be nonforfeitable. This paragraph shall be effective first pay date following each January 1, 2007. Except as provided below, each Employee who first becomes employed by until the Employer on or after January 1, 2007 and who satisfies the requirements of Section 3.1 shall have three Contribution Percentage reaches six percent (36%); provided, however, that a Participant’s Contribution Percentage will not be automatically increased by one percent (1%) of for a specific calendar year if the Participant changes or suspends his Considered Compensation automatically deducted from his pay as a Salary Deferral Contribution to this Plan (the “Automatic Deduction”). No Automatic Deduction shall be made with respect to an Employee if (a) the Employee affirmatively elects a different level of or her Salary Deferral Contributions in accordance with Sections 3.3 and 3.4 during the provisions immediately preceding calendar year. Although a Participant’s Salary Deferral Contributions made pursuant to this Section 3.1 shall be expressed as a percentage (or percentages) of his or her total Pay, only the cash component of such Pay shall be contributed to the Plan. Accordingly, such contributions need not be taken pro-rata from each component of a Participant’s Pay. If, for periods before January 1, 2018, a Participant’s total Pay includes one or more non-cash components (such as distributions of stock units or stock options from a nonqualified deferred compensation arrangement), the Participant’s Salary Deferral Contribution election shall nonetheless be implemented, to the extent possible, with respect to the Participant’s total Pay. If the Participant’s cash Pay for a given payroll period is insufficient to implement his or her election under this Section, the Administrative Committee shall, to the extent administratively practicable, restore the shortfall out of the cash components of the Participant’s Pay during the remainder of that calendar year. For Plan Years beginning on and after January 1, 2018, if a Participant’s total Pay includes one or more non-cash components, the Participant’s Salary Deferral Contribution election shall be implemented only from the cash component of the Participant’s Pay; the Administrative Committee will no longer restore any shortfall out of the cash components of the Participant’s Pay. Notwithstanding the foregoing, the following rules shall apply: (a) If an Employee first becomes a Participant in this Plan because of the merger of a Prior Plan maintained by the Company, an Employer, or a Related Employer and was an active participant in a Prior Plan, the Salary Deferral Contribution election of the Employee shall apply to this Plan (and the Employee/Prior Plan participant need not make a new deferral election in connection with the merger of the Prior Plan into this Plan). For purposes of this Plan or Subsection 3.1(a), “Prior Plan” does not include the Stock Bonus Plan. (b) The Administrative Committee may prescribe electronic election and confirmation procedures, where feasible, in lieu of written election and acknowledgement procedures. In no event shall an Employee’s Salary Deferral Contributions under the Employee affirmatively elects not Plan and comparable contributions to make all other plans, contracts or arrangements of all Related Companies exceed the Contribution Dollar Limit for the Plan Year. (c) At least 30 days in advance of a Participant’s automatic enrollment pursuant to this Section 3.1, the Administrative Committee shall provide the Participant with a notice advising him or her of the automatic enrollment, that he or she may change or suspend his or her Salary Deferral Contributions in accordance with the provisions of this Plan. The maximum amount a Participant may elect to reduce Sections 3.3 and 3.4, and how his Considered Compensation under his salary deferral agreement and have contributed to the Plan on a pre-tax basis shall be determined by the Committee, in its sole discretion from time to time. The election to have or her Salary Deferral Contributions madewill be invested. (d) At least 30 days in advance of a Participant’s automatic increase pursuant to this Section 3.1, the ability to Administrative Committee shall provide the Participant with a notice advising him or her of the automatic increase, that he or she may change the rate of Salary Deferral Contributions, the right to or suspend Salary Deferral Contributions, and the manner of commencing new his or her Salary Deferral Contributions shall in accordance with Sections 3.3 and 3.4, and how his or her Salary Deferral Contributions will be permitted under any uniform method determined by the Committee from time to timeinvested.

Salary Deferral Contributions. Each Employer shall make a (a) For any relevant period, the amount of Salary Deferral Contribution in an amount to be made by the Employer for each Participant shall be equal to the amount by which the Considered Participant elects to reduce his Compensation of its Employees who are Participants was reduced on a pre-tax basis in that period pursuant to salary deferral agreements (excluding amounts of Considered Compensation deferred pursuant to Section 3.02 that are properly characterized as Catch-up Salary Deferral Contributions). Any such salary deferral agreement shall be an agreement in a form satisfactory to the Committee to prospectively receive Considered Compensation from the Employer in a reduced amount and to have the Employer contribute an amount equal to the amount of the reduction to the Trust on account of the Participant. Any such salary deferral agreement shall be revocable Reduction Agreements entered into in accordance with its terms, provided that no revocation shall be retroactive or permit payment to the Participant of the amount required to be contributed to the Trust. A Participant’s or former Participant’s right to benefits attributable to Salary Deferral Contributions made to the Plan on his behalf shall be nonforfeitable. This paragraph shall be effective January 1, 2007. Except as provided below, each Employee who first becomes employed by the Employer on or after January 1, 2007 and who satisfies the requirements of Section 3.1 shall have three percent (3%) of his Considered Compensation automatically deducted from his pay as a Salary Deferral Contribution to this Plan (the “Automatic Deduction”3.1(b). No Automatic Deduction shall be made with respect to an Employee if (a) the Employee affirmatively elects a different level of Salary Deferral Contributions in accordance with the provisions of this Plan or (b) the Employee affirmatively elects not to make Salary Deferral Contributions in accordance with the provisions of this Plan. The maximum amount a Participant may elect to reduce his Considered Compensation under his salary deferral agreement and have contributed to the Plan on a pre-tax basis shall be determined by the Committee, in its sole discretion from time to time. The election to have Salary Deferral Contributions made, the ability to change the rate of Salary Deferral Contributions, the right to suspend Salary Deferral Contributions, and the manner of commencing new Salary Deferral Contributions shall be permitted under credited to the Participant's Salary Deferral Contribution subaccount. (b) A Participant may make an election to reduce the Compensation otherwise payable to him directly in cash by entering into a Compensation Reduction Agreement. Such election shall be subject to such maximum limits as the Adoption Agreement shall provide; provided that the Plan Administrator may, in its discretion, set lower maximum limits, either for all Participants or for all or a portion of the group of Eligible Employees who are or may be expected to be Highly Compensated Employees. A Participant's Compensation Reduction Agreement shall remain in effect until it is modified or terminated as provided for herein. Subject to such limitations as to frequency of amendment as the Plan Administrator may prescribe, (which limitations shall permit such amendments no less frequently than annually) a Participant may amend his Compensation Reduction Agreement (to increase or decrease his Compensation reduction election within such limits), effective as of the first day of any subsequent payroll period. Any election or amendment of election shall be made at least 30 days before the beginning of the payroll period to which it relates. The Participant may, by 30 days' written notice, suspend any previous election to reduce the Compensation otherwise payable to him in cash, effective as of the beginning of any payroll period. Such a Participant may resume such reduction as of the beginning of any payroll period, subject to such rules with respect to minimum periods of suspension (not in excess of one year) as the Plan Administrator may provide, by filing a new Compensation Reduction Agreement at least 30 days before the beginning of such payroll period. Notwithstanding the foregoing provisions of this Subsection, the Plan Administrator may, on a uniform method determined by and nondiscriminatory basis, establish such other election or notice periods as the Committee from time Plan Administrator deems advisable to timeprovide for the efficient administration of the Plan.

Salary Deferral Contributions. Each The Employer shall make a Salary Deferral Contribution in an amount equal to the amount by which the its Members’ Considered Compensation of its Employees who are Participants was reduced on a pre-tax basis pursuant to salary deferral agreements (excluding amounts of Considered Compensation deferred pursuant to Section 3.02 that are properly characterized as Catch-up Salary Deferral Contributions). Any such salary deferral agreement shall be an agreement in a form satisfactory to the Committee to prospectively receive Considered Compensation from the Employer in a reduced amount and to have the Employer contribute an amount equal to the amount of the reduction to the Trust on account of the ParticipantMember. A Member’s right to benefits derived from Salary Deferral Contributions made to the Plan on his behalf shall be nonforfeitable. Any such salary deferral agreement shall be revocable in accordance with its terms, provided that no revocation shall be retroactive or permit payment to the Participant Member of the amount required to be contributed to the Trust. A Participantsalary deferral agreement can only be made with respect to an amount that is not currently available to the Member on the date of the agreement. Further, a salary deferral agreement can only be made with respect to amounts that would (but for the agreement) become currently available after the later of the date on which the Employer adopts the Plan or the date on which such adoption of the Plan is effective. A Salary Deferral Contribution for a Member may not be made earlier than the date on which the Member’s salary deferral agreement is made. A Member’s Salary Deferral Contribution must be made after the Member’s performance of services with respect to which the Salary Deferral Contribution is made, or when the cash would be currently available to the Member, if earlier. A Member’s or former ParticipantMember’s right to benefits attributable to Salary Deferral Contributions made to the Plan on his behalf shall be nonforfeitable. This paragraph shall be effective January 1, 2007. Except as provided below, each Employee who first becomes employed by the Employer on or after January 1, 2007 and who satisfies the requirements of Section 3.1 shall have three percent (3%) of his Considered Compensation automatically deducted from his pay as a Salary Deferral Contribution to this Plan (the “Automatic Deduction”). No Automatic Deduction shall be made with respect to an Employee if (a) the Employee affirmatively elects a different level of Salary Deferral Contributions in accordance with the provisions of this Plan or (b) the Employee affirmatively elects not to make Salary Deferral Contributions in accordance with the provisions of this Plan. The maximum amount a Participant Member may elect to reduce his Considered Compensation under his salary deferral agreement and have contributed to the Plan on a pre-tax basis shall be determined by the Committee, in its sole discretion from time to timetime but may not, in any event, exceed 75 percent of his Considered Compensation. The In addition, the election to have Salary Deferral Contributions made, the ability to change the rate percentage of Salary Deferral Contributions, the right to suspend Salary Deferral Contributions, and the manner of commencing new Salary Deferral Contributions shall be permitted under any uniform method determined by the Committee from time to time. A Member will be permitted to make (or prospectively change) a Salary Deferral Contribution election at least once during each Plan Year.

Salary Deferral Contributions. Each (a) Subject to the limitations established by this Article 4, the Employer shall make a Salary Deferral Contribution Contributions on an Eligible Employee's behalf in an amount equal to the amount by which of Compensation that the Considered Compensation of its Employees who are Participants was reduced on a pre-tax basis Eligible Employee has elected to defer pursuant to salary deferral agreements (excluding amounts of Considered Compensation deferred pursuant to Section 3.02 that are properly characterized as Catch-up the Eligible Employee's Salary Deferral Contributions)Agreement. Any such salary deferral agreement shall be an agreement in a form satisfactory to the Committee to prospectively receive Considered Compensation from the Employer in a reduced amount and Each Eligible Employee may elect to have the Employer contribute to the Plan from one percent (1%) to a maximum of fifteen percent (15%) of such Eligible Employee's Compensation for the Plan Year in accordance with such uniform and nondiscriminatory rules and procedures as the Employer may establish. (b) Notwithstanding the provisions of Subsection 4.1(a) above, in order for the Plan to comply with the requirements of Sections 401(k), 402(g) and 415 of the Code (see Subsections 4.1(c) and 4.7(a) and Section 4.9 of the Plan), at any time in a Plan Year, the Employer (in its sole discretion) may, by notifying the affected Eligible Employees in writing, reduce the rate of Salary Deferral Contributions to be made on behalf of an Eligible Employee for the remainder of that Plan Year, or the Employer may require that all Salary Deferral Contributions to be made on behalf of an Eligible Employee be discontinued for the remainder of that Plan Year. Such a reduction or discontinuance may be applied selectively to individual Eligible Employees or to a particular class of Eligible Employees, as the Employer may determine in its sole discretion. Upon the close of the Plan Year or such earlier date as the Employer may determine, any reduction or discontinuance in Salary Deferral Contributions shall automatically cease until the Employer again determines that such a reduction or discontinuance of Salary Deferral Contributions is required. Any such reduction or discontinuance shall be prospective only as to pay periods commencing after notice to the affected Eligible Employees, and shall not result in discrimination in favor of Highly Compensated Employees in any manner prohibited by Section 401(a)(4) of the Code or regulations applicable thereunder. Any amounts that would have been contributed to the Plan in the absence of a reduction or discontinuance pursuant to this Subsection 4.1(b) shall be paid in cash to the affected Eligible Employee as Salary in the same manner in which such amounts otherwise are payable as Salary in the absence of any election of Salary Deferral Contributions. (c) The total of the Salary Deferral Contributions under this Plan and any other elective deferrals (as defined in Section 402(g)(3) of the Code) under all other plans, contracts or arrangements of the Employer or any Affiliate of the Employer for any Participant during any taxable year of the Participant shall not exceed $7,000 or such other amount equal in effect under Section 402(g)(1) of the Code, as adjusted for increases in the cost of living for the calendar year in which the Participant's taxable year begins. To the extent Salary Deferral Contributions are distributed or returned to a Participant as excess Annual Additions pursuant to Section 4.9 of the Plan, such distributed or returned amounts shall be disregarded for purposes of the limitation described in this Subsection 4.1(c). (d) In the event a Participant has any Excess Elective Deferrals because the limitation in Subsection 4.1(c) has been exceeded, such Excess Elective Deferrals may be distributed to the Participant from the Plan in accordance with either of Paragraphs (1) or (2) below (or a combination thereof, as applicable): (1) The Employer may cause the Excess Elective Deferrals to be distributed to the Participant during the taxable year of the Participant in which the Excess Elective Deferrals occur if the following conditions are satisfied: (A) The Participant designates the distribution as Excess Elective Deferrals; PROVIDED, HOWEVER, to the extent the Participant's Excess Elective Deferrals are attributable only to Salary Deferral Contributions under this Plan and any other elective deferrals (as defined in Section 402(g)(3) of the Code) under all other plans, contracts or arrangements maintained by the Employer or any Affiliate of the Employer, the Employer may designate the distribution as Excess Elective Deferrals on behalf of the Participant; (B) Such distribution is made after the date on which the Excess Elective Deferrals were received by the Plan; and (C) The Plan designates the distribution as a distribution of Excess Elective Deferrals. (2) If any amount of Excess Elective Deferrals is included in the gross income of a Participant for federal income tax purposes for any taxable year of such Participant, the Participant, not later than the first March 1 following the close of such taxable year, may notify the Plan Administrator of the amount of such Excess Elective Deferrals that the Participant designates as having been received by the Plan; PROVIDED, HOWEVER, to the extent the Participant's Excess Elective Deferrals are attributable only to Salary Deferral Contributions under this Plan and any other elective deferrals (as defined in Section 402(g)(3) of the Code) under all other plans, contracts or arrangements maintained by the Employer or any Affiliate of the Employer, the Employer on behalf of the Participant may notify the Plan Administrator and designate the amount of the reduction Excess Elective Deferrals received by the Plan. In the event notice of Excess Elective Deferrals is given in accordance with the foregoing provision, the Plan Administrator shall cause there to be distributed to the Trust on account Participant, not later than the first April 15 following the close of such taxable year of the Participant, the amount designated, plus any income and minus any loss allocable thereto for such taxable year of the Participant. Any such salary deferral agreement The amount of any income or loss to be allocated to Excess Elective Deferrals under this Paragraph (2) shall be revocable determined under the same method used for allocating income to Participants' Accounts generally, as then in accordance with its terms, provided that no revocation shall be retroactive or permit payment to the Participant of the amount required to be contributed to the Trust. A Participant’s or former Participant’s right to benefits attributable to Salary Deferral Contributions made to the Plan on his behalf shall be nonforfeitable. This paragraph shall be effective January 1, 2007. Except as provided below, each Employee who first becomes employed by the Employer on or after January 1, 2007 and who satisfies the requirements of Section 3.1 shall have three percent (3%) of his Considered Compensation automatically deducted from his pay as a Salary Deferral Contribution to this Plan (the “Automatic Deduction”). No Automatic Deduction shall be made with respect to an Employee if (a) the Employee affirmatively elects a different level of Salary Deferral Contributions effect in accordance with the provisions of Section 5.2 of the Plan. Any designation of Excess Elective Deferrals made by a Participant shall be in writing, and, if the Excess Elective Deferrals are attributable in part to elective deferrals made for the taxable year to any plan, contract or arrangement not maintained by the Employer or any Affiliate of the Employer, the Participant shall certify to the Plan Administrator or otherwise provide such information as the Plan Administrator may reasonably require in order to establish that the amount designated constitutes Excess Elective Deferrals. The amount of Excess Elective Deferrals that may be distributed under this Plan or (bSubsection 4.1(d) the Employee affirmatively elects not with respect to make Salary Deferral a Participant for a taxable year shall be reduced by any Excess Contributions previously distributed in accordance with the provisions of this Plan. The maximum amount a Participant may elect to reduce his Considered Compensation under his salary deferral agreement and have contributed to Subsection 4.7(b) for the Plan on a pre-tax basis shall be determined by Year beginning with or within the Committee, in its sole discretion from time to time. The election to have Salary Deferral Contributions made, the ability to change the rate of Salary Deferral Contributions, the right to suspend Salary Deferral Contributions, and the manner of commencing new Salary Deferral Contributions shall be permitted under any uniform method determined by the Committee from time to time.Participant's