View Adoption Agreement Language for Section C or Entire Adoption Agreement
GENERAL:
If C.35 provides for an integrated contribution formula, select the amount of permitted disparity.
NOTE: The amount of permitted disparity may not be greater than the amount specified in the following table:
Integration Level | Permitted Disparity |
More than $0 but not more than 20% of the TWB | 5.7% |
More than 20% of the TWB but not greater than 80% of the TWB | 4.3% |
More than 80% of the TWB but less than 100% of the TWB | 5.4% |
100% of the TWB | 5.7% |
TWB = taxable wage base (as defined under Section 230 of the Social Security Act)
BASIC PLAN DOCUMENT:
Article 2 Definitions
"Excess Compensation" means the amount by which an Eligible Employee's Compensation for a Plan Year exceeds the integration level described in the Adoption Agreement. If the Adoption Agreement provides that the Plan is a standardized plan, Excess Compensation means the amount by which an Eligible Employee's Compensation for a Plan Year exceeds the taxable wage base (as defined under Section 230 of the Social Security Act) in effect on the first day of such Plan Year.
Section 4.03(b)(3) Employer Contributions
(3) Notwithstanding the foregoing, for any Plan Year this Plan is integrated and benefits any Participant who benefits under another qualified plan or simplified employee pension, as defined in Code section 408(k), maintained by the Employer that provides for permitted disparity (or imputes disparity), Employer contributions shall be allocated to the Profit Sharing Account/Pension Contribution Account of each Participant in the ratio that such Participant's total Compensation bears to the total Compensation of all Participants. Effective for Plan Years beginning on or after January 1, 1995, the cumulative permitted disparity limit for a Participant is 35 total cumulative permitted disparity years. Total cumulative permitted disparity years means the number of years credited to the Participant for allocation or accrual purposes under this Plan or any other qualified plan or simplified employee pension plan (whether or not terminated) ever maintained by the Employer. For purposes of determining the Participant's cumulative permitted disparity limit, all Plan Years ending in the same calendar year are treated as the same year. If the Participant has not benefited under a defined benefit or target benefit plan for any year beginning on or after January 1, 1994, the Participant has no cumulative disparity limit.
The foregoing is only intended to be a brief overview of applicable plan provisions. You should carefully review the entire Adoption Agreement and the entire Basic Plan Document to ensure that your responses to the Adoption Agreement questions accurately reflect the intended design of the plan.
DisparityAmountReg
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