12.09 Adjustment to Actual Contribution Percentage Tests For Certain Plan Sponsors.
c. Notwithstanding the above, within twelve months after the end of the Plan Year, the Plan Sponsor may make a qualified non-elective contribution (as defined in Code section 401(m)(4)(C)) on behalf of Non-Highly Compensated Participants in an amount sufficient to satisfy one of the tests set forth in Section 12.08a. Such contribution shall be allocated to the Account of each Non-Highly Compensated Participant in the same proportion that each Non-Highly Compensated Participant's Compensation for the year bears to the total Compensation of all Non-Highly Compensated Participants. A separate account shall be maintained with respect to such contributions.
d. If during a Plan Year the projected aggregate amount of contributions to this Plan and to the Personal Investment Plan administered by the Administrator to be alloacted to all Highly Compensated Participants under this Plan and the Personal Investment Plan would, by virtue of the tests set forth in Section 12.08a cause the Plan to fail such tests, then the Administrator may automatically reduce proportionately or in the order provided in Section 12.09a each affected Highly Compensated Participant's projected share of such contributions by an amount necessary to satisfy one of the tests set forth in Section 12.08a.
General Conference Webmaster: Susan Brumbaugh
PETS Creator: John Brawn
Petition Text: 21498-FA-NonDis-O
1996 United Methodist General Conference