4.39.403 Limitation on allocations to participants.
Notwithstanding any other provisions of the plan:
A. Limitations applicable to participants.
1. The annual additions, as defined in Code Section 415(c), credited to a participant’s account for any plan year, combined with annual additions to a participant’s account in any related plan, shall not exceed the lesser of (a) $40,000 or such larger amount, as may be specified by the Secretary of Treasury or their delegate on account of increases in the cost-of-living as provided in Section 415(d) of the Code, or (b) 100% of the participant’s compensation (as defined in subsection C) for such year. The compensation limitation referred to in subparagraph (b) shall not apply to any contribution for medical benefits (within the meaning of Section 401(h) or Section 419A(f)(2) of the Code) which is otherwise treated as an annual addition under Section 415(l)(1) or Section 419A(d)(2) of the Code.
2. To the extent necessary to satisfy the limitations of paragraphs A1 above, the committee shall reduce the net contribution it would otherwise make for the participant’s benefit for the applicable plan year.
B. Adjustments on account of excessive credits. If the amount credited to a participant’s accounts for any plan year would exceed the amount permitted under the limitations of subsection A. above, corrections will be made, as determined by the committee pursuant to the Employee Plans Compliance Resolution System described in Revenue Procedure 2016-51, as may further be modified by the Internal Revenue service from time to time (collectively, "EPCRS").
C. Code Section 415 compensation definition. Participant’s compensation for the purposes of this section shall mean a participant’s earned income, wages, salaries, bonuses and fees for professional services, and other amounts received for personal services actually rendered in the course of employment with the employer maintaining the plan and excluding the following:
1. Employer contributions to a plan of deferred compensation which are not included in the employee’s gross income for the taxable year in which contributed, or employer contributions under a simplified employee pension plan to the extent such contributions are deductible by the employee, or any distributions from a plan of deferred compensation;
2. Other amounts which received special tax benefits, or contributions made by the employer (whether or not under a salary reduction agreement) toward the purchase of an annuity described in Section 403(b) of the Code (whether or not the amounts are actually excludable from the gross income of the employee).
Compensation shall include any elective deferral under Section 402(g)(3), and any amount which is contributed or deferred by the employer at the election of the employee and is not includible in income by reason of Section 125, 132(f)(4) or 457 of the Code.
Notwithstanding the foregoing, for plan years beginning on or after January 1, 2008, for purposes of applying the maximum benefit limitations under this Section 4.39.403(C), compensation shall also include compensation paid by the later of 2½ months after an employee’s severance from employment with the Employer or the end of the plan year that includes the date of the employee’s severance from employment, if, absent a severance from employment, such payment would have been paid to the employee while the employee continued in employment with the Employer, and is regular compensation for services during the employee’s regular working hours, compensation for services outside the employee’s regular working hours (such as overtime or shift differential), commissions, bonuses or other similar compensation. In addition, effective for plan years beginning on an after January 1, 2008, compensation may not exceed the amount described in Code section 401(a)(17).
For plan years beginning after December 31, 2008, the plan will treat Differential Wage Payments as Compensation for all Plan contributions and benefit purposes. For purposes of this Section 4.39.403(C), “Differential Wage Payments” means any payment that is (i) made by the Employer to an individual with respect to any period during which they are performing service in the uniformed services (as defined in chapter 43 of title 38, United States Code) while on active duty for a period more than 30 days; and (ii) represents all or a portion of the wages the individual would have received from the Employer if they were performing services for the Employer. (Ord. 7585-NS §§ 1,2, 2017; Ord. 6837-NS § 1 (part), 2005)