Example ContractsClausesEligibility for Employer Profit Sharing Contributions
Eligibility for Employer Profit Sharing Contributions
Eligibility for Employer Profit Sharing Contributions contract clause examples

Age/Service Requirements – An employee who is a member of the eligible class of employees shall be eligible for participation for the purpose of the employer profit sharing provision after he has satisfied the following participation requirement(s):

Profit Sharing. Each Employer may establish a profit sharing feature by which a contribution to the Plan may be allocated to Participants pursuant to criteria related to the Employer’s annual performance, as established by resolution of its governing body and subject to the approval of the Committee. Each profit sharing feature shall be set forth in [Schedule C] and shall be applicable to the Employer that established the feature until changed by action of such Employer’s governing body and approved by the Committee. Any such contribution will be made in accordance with Section 5.1 and will be invested pursuant to the Participant’s investment election.

The calculation of the Employer Contribution Credit shall not be based on the contribution of any profit sharing contributions under the Qualified Plan (including any Discretionary Profit Sharing Contributions) other than Post-2011 Profit Sharing Contributions.

Profit Sharing Contributions means the contributions made to the Plan by the Employer pursuant to Section 4.3. Such contributions were generally referred to as “Employer Non-Elective Contributions” in, and were provided pursuant to [Section 4.1(d)] of, the Prior Plan. No Profit Sharing Contributions shall be made to the Plan with respect to Plan Years after 2007.

Employer maintained a vesting schedule for Employer Nonelective profit sharing contributions that did not comply with Code

Profit Sharing Credits. The Board may, in its sole discretion, cause the Account of an Eligible Employee to be credited with Profit Sharing Credits for a Plan Year. Such Profit Sharing Credits shall not exceed the amount necessary to make up for the lost share, if any, of profit sharing or other non-elective contributions under [Section 3.4] or [Section 3.7] of the 401(k)-ESOP Plan attributable to the Eligible Employee’s Base Salary and Performance Cash deferrals under this Plan and the annual compensation limit then in effect under Code section 401(a)(17). The Profit Sharing Credit, if any, shall be credited to the Participant’s Annual Account for the applicable Plan Year as soon as administratively practicable after the amount can determined for the applicable Plan Year.

Employer Contributions. Each Employer, in its sole discretion, may make either or both of the following types of contributions to the Plan on behalf of Participants employed by that Employer.

ESOP Contributions: For each Plan Year during which an Exempt Loan is outstanding, the Employer shall make an ESOP Contribution to the Trust in such amount and at such times as shall be determined by the Company.

In order to be eligible for Profit Sharing Contributions for a Plan Year before the 2008 Plan Year, an Employee must meet the additional eligibility requirements set forth in Section 4.3.

Profit Sharing Account means the balance of the separate account derived from the employer’s profit sharing contributions, including forfeitures (if any) (if so provided under [Section 3.2]).

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