Forfeitures. Forfeitures must be disposed of no later than the last day of the Plan Year following the Plan Year in which the Forfeiture occurs. The Employer must direct the Administrator to use Forfeitures to reinstate previously forfeited Account balances of Participants, if any, in accordance with [Section 3.5(g)], to satisfy any contribution that may be required pursuant to Section 6.10, or, to pay any Plan expenses. With respect to a Money Purchase Plan, any remaining Forfeitures will be disposed of in accordance with the elections in the Adoption Agreement. With respect to all other plans, the Employer must direct the Administrator to use any r emaining Forfeitures in accordance with any combination of the following methods, including a different method based on the source of such Forfeitures. Forfeitures may be:
Time of Forfeiture – If a participant terminates employment before his account balances derived from employer contributions are fully vested, the nonvested portion of his accounts shall be forfeited on the earlier of:
Forfeitures. A Participant shall forfeit, upon his or her Severance from Service prior to becoming vested in accordance with [Subsection 2(b)] of this Section III, any right to Matching Deferrals in which he or she is not vested.
Reinstated Forfeitures. To the extent specified in [Section 5.3(f)(iii)], any amounts attributable to forfeitures will be applied to reduce, to the extent of such forfeitures, the Employer Matching Contributions required to be made next following the determination of any such forfeiture amounts.
Profit Sharing Account – Forfeitures from profit sharing accounts shall be reallocated among the eligible active participants at the end of the plan year in which such forfeitures occur in accordance with the allocation procedures set forth in Section 3.2.
Accounting for Forfeitures. If a portion of a Participant’s Account is forfeited, Stock allocated to said Participant’s Account shall be forfeited only after other assets are forfeited. If interests in more than one class of Stock have been allocated to a Participant’s Account, the Participant must be treated as forfeiting the same proportion of each class of Stock. A forfeiture shall be charged to the Participant’s Account as of the first day of the first Valuation Period in which the forfeiture becomes certain pursuant to Section 9.5. Except as otherwise provided in that Section, a forfeiture shall be added to the contributions of the terminated Participant’s Employer which are to be credited to other Participants pursuant to Section 4.1 as of the last day of the Plan Year in which the forfeiture becomes certain. Notwithstanding anything in the Plan to the contrary, a separate sub-account shall be established within the Participant’s Account in the event the Participant “receives” or “has” a benefit under the Plan that is less than fully vested. For purposes of computing the balance of such separate sub-account with respect to which the vesting percentage can increase and from which distributions are made, at any relevant time, the Participant’s vested portion of such separate sub-account shall not be less than an amount (“X”) determined by the formula: X = P(AB + D) – D in accordance with Treasury Regulation 1.411(a)-7(d)(5)(iii)(B), where “P” is the vesting percentage at the relevant time; “AB” is the account balance at the relevant time; “D” is the amount of the distribution; and the relevant time is the time at which, under the Plan, the vesting percentage of the amount cannot increase.
Reinstatement of Forfeitures. (1) For Plan Years beginning prior to January 1, 2015, the following shall apply. If a Participant is entitled to a reinstatement of Forfeitures (as provided in [Section 6.3]), then, as soon as reasonably practicable after the end of the Plan Year in which the Participant repaid the full amount previously distributed to him, there shall be allocated to his Company Stock Subaccount a number of shares of Common Stock equal to # the dollar amount previously forfeited (without adjustment for income, gains or losses for the period after the Valuation Date on which the distribution amount was determined) divided by # the average of the closing prices of the Company Stock on the first trading day on or before the March 31, June 30, September 30 and December 31 of such Plan Year and December 31 of the previous Plan Year, as reported on the principal securities market in which the Company Stock is then traded.
Restoration of Forfeitures. Effective January 1, 2010, if a Participant or Former Participant who forfeits an amount credited to an Account in accordance with Section 5.4 on account of a Termination of Employment (other than a Termination of Employment for Cause) is rehired as an Eligible Employee within twelve months of such a Termination of Employment, the balance of an Account so forfeited shall be restored to an Account of the Participant with the same Type designation as the forfeited Account, and shall be subject to vesting schedules as if such Termination of Employment had not occurred. For purposes of determining the Years of Service for vesting of such a Participant, the time between such a Termination of Employment and the date of re-employment of the Participant shall be treated as a period of continuous employment with the Employer.
Forfeitures of Excess Aggregate Contributions – Forfeitures of excess aggregate matching contributions may either be reallocated to the accounts of nonhighly compensated employees or applied to reduce employer contributions, as provided in [Section 3.6(e)].
For Plan Years beginning on or after January 1, 2015, the following shall apply. Forfeitures, if any, with respect to a Plan Year shall be processed at such times as the Committee shall determine. Forfeitures, if any, with respect to a Plan Year shall be applied in the following order until all such Forfeitures have been so applied: # for the reinstatement of Forfeitures pursuant to [Section 6.3]; # to reduce the amount of Employer contributions otherwise required under the terms of the Plan; and # to pay reasonable expenses incident to the operation of the Plan (as set forth in Section 13.6).
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