Election. A Participant may elect to defer any portion of his or her Excess Earnings (Basic Deferral Election) by directing his or her Participating Employer to reduce his or her Excess Earnings by an amount authorized by the Participant in the form and manner designated by the Committee.
Manner of Deferral. A Participants Basic Deferral election shall apply only to Earnings that constitute Excess Earnings at the time such amounts are otherwise payable to the Participant. A Participants Basic Deferrals of salary may be taken from salary ratably during the applicable Plan Year once the Participant has Excess Earnings or in any manner determined by the Committee; provided that such Basic Deferrals during the Plan Year, in the aggregate, reflect the Participants Basic Deferral Election with respect to salary in accordance with Code section 409A. In the discretion of the Committee, a Participants deferral election may identify the particular forms of compensation to be included for purposes of such election.
Change of Election. The percentage or amount of Excess Earnings designated by a Participant as a Basic Deferral for any given Plan Year shall continue in effect for such Plan Year, notwithstanding any change in Earnings. In the event a Participant is on a bona fide leave of absence with the Participating Employers consent, or in military service in conformity with the Participating Employers policies, such Participants Basic Deferrals shall continue if Earnings are being continued by the Participating Employer and if the Participant has Excess Earnings. If Earnings are not being continued or if the Participant does not have Excess Earnings, then, upon the Participants return to employment, his or her Basic Deferrals will be resumed, but no additional deferrals will be required or permitted to make up for amounts not deferred during periods of no or insufficient Earnings.
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