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Excess Parachute Payment
Excess Parachute Payment contract clause examples

Excess Deferrals. If a Participant has Excess Deferrals for a taxable year, the Participant may, not later than March 1st following the close of such taxable year, notify the Administrator in writing of such excess and request that the Participant's Elective Deferrals under this Plan be reduced by an amount specified by the Participant. In such event, the Administrator shall direct the distr ibution of such excess amount (and any "income" allocable to such excess amount) to the Participant not later than the first April 15th following the close of the Participant's taxable year. Any distribution of less than the entire amount of Excess Deferrals and "income" shall be treated as a pro rata distribution of Excess Deferrals and "income." The amount distributed shall not exceed the Participant's Elective Deferrals under the Plan for the taxable year. Any distribution on or before the last day of the Participant's taxable year m ust satisfy each of the following conditions:

11.2Distribution of Excess Deferrals. A Participant shall receive a distribution under this Section 11.2 if either # the Participant’s Employee Contributions to the Plan for a Plan Year exceed the Annual Employee Contribution Limit, or (b) (1) the Participant’s “Elective Deferrals” (as defined below) for the Participant’s taxable year exceed the Annual Employee Contribution Limit for such taxable year (such excess under clause (a) or (b) (1) above being referred to as “Excess Deferrals”), and # the Participant requests a distribution of all or any portion of such Excess Deferrals from the Plan by providing the Committee, on or before the March 1 after the calendar year in which the Excess Deferrals were made, with a written statement # stating that the Participant had made such Excess Deferrals and # specifying the amount of such Excess Deferrals that the Participant desires to allocate to, and have distributed from, the Plan. Excess Deferrals (and any Income allocable to such amount) shall be distributed pursuant to this Section 11.2 to the Participant not later than the first April 15th following the close of the Participant’s taxable year. Any distribution of less than the entire amount of Excess Deferrals and Income shall be treated as a pro rata distribution of Excess Deferrals and Income. The amount distributed shall not exceed the Participant’s Employee Contributions under the Plan for the taxable year (and any Income allocable thereto). Any distribution on or before the last day of the Participant’s taxable year must satisfy each of the following conditions:

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