Laserfiche WebLink
<br />(2) An amount equal to (A) the aggregate limit referred to in IRC Section 457(b) (2) for each <br />prior calendar year beginning after December 31, 1978 and before January 1, 2002 during <br />which the Participant was a Public Employee, determined without regard to Section 3.02 <br />Age 50 Catch-up Annual Deferral Contributions, and this Section 3.03, minus (B) the <br />aggregate contributions to Pre-2002 Coordination Plans for such years. <br /> <br />However, in no event can the aggregate deferred amounts and contributions be more than the <br />Participant's Compensation for the calendar year. <br /> <br />3.04 Special Rules. For purposes of this Article III, the following rules shall apply: <br /> <br />(a) Participant Covered By More Than One Eligible Plan. If the Participant is or has been a <br />Participant in one or more other eligible plans within the meaning of IRC Section 457(b) for a <br />given year, then this Plan and all such other plans shall be considered as one plan for purposes of <br />applying the foregoing limitations of this Article III. For this purpose, the Plan Sponsor shall <br />take into account any other such eligible plan established by the Plan Sponsor. <br /> <br />(b) Pre- Participation Years. In applying Section 3.03 Special Section 457 Catch-up Limitation, a <br />prior year shall be taken into account only 'if (i) the Participant was eligible to participate in the <br />Plan during all or a portion of the year and (ii) Compensation deferred, if any, under the Plan <br />during the year was subject to the Basic Annual Limitation described in Section 3.01 or any other <br />plan ceiling required by IRC Section 457(b). <br /> <br />(c) Pre-2002 Coordination Years. For purposes of Section 3.03(b)(2)(B), "Contributions to Pre- <br />2002 Coordination Plans" means any Plan Sponsor contribution, salary reduction or elective <br />contribution under any other eligible IRC Section 457(b) plan, or a salary reduction or elective <br />contribution under any IRC Section 401 (k) qualified cash or deferred arrangement, IRC Section <br />402(h)(1)(B) simplified employee pension (SARSEP), IRC Section 403(b) annuity contract, and <br />IRC Section 408(P) simple retirement account, or under any plan for which a deduction is <br />allowed because of a contribution to an organization described in IRC Section 501 (c)(18), <br />including plans, arrangements or accounts maintained by the Plan Sponsor or any employer for <br />whom the Participant performed ,services. However, the contributions for any calendar year are <br />only taken into account for purposes of Section 3.03(b) (2) (B) to the extent that the total of such <br />contributions does not exceed the aggregate limit referred to in IRC Section 457(b)(2) for the <br />year. <br /> <br />(d) Disregard Excess Deferral. For purposes of Sections 3.01 Basic Annual Limitation, 3.02 Age <br />50 Catch-up Annual Deferral Contributions, and 3.03 Special Section 457 Catch-up Limitation, <br />an individual is treated as not having deferred Compensation under the plan for a prior taxable <br />year to the extent Excess Deferrals under the Plan are distributed, as described in Section 3.05. <br />To the extent that the combined deferrals for pre-2002 years exceeded the maximum deferral <br />limitations, the amount is treated as a Correction of Excess Deferrals under Section 3.05 for <br />those prior years. <br /> <br />3.05 Correction of Excess Deferrals. <br /> <br />(a) If Annual Deferrals credited to a Participant's Account Balance during the current Plan Year <br />exceed the limitations described above as determined by the Plan Sponsor, the Administrator <br />shall return the excess as directed by the Plan Sponsor as soon as administratively practicable <br />after the Administrator is notified that there is an Excess Deferral. <br /> <br />~ Nationwide Retirement Solutions, Inc. 6 <br />Consolidated Standard 457 Plan <br />Amended and Restated 457(b) Governmental Plan Document <br />November 11, 2005 <br />