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2.05, For one or more of lhe PARTICIPANT'S last 3 taxable years ending before the attainment <br /> of Normal Refirement Age under the Plan, the maximum deferral shall be the lesser of: (e)$15,000 <br /> or (bi the limitation established for the taxable year under Section 2.04, plus the limitation established <br /> for purposes of SeCtion 2.04 for prior taxable years beginning after December 31, 1978, during which <br /> the PARTICIPANT was eligible to participate less the amount of Compensation deferred under the <br /> Plan for such prior taxable years. <br /> <br /> 200. In applying the deferral limitations of Sections 2.04 and 2.05, any amounts excluded from <br /> the PARTICIPANT'S gross Income for the faxable year under IRC Secfion 403(b), and, effective <br /> January 1, 1989, under IRC Sections 402(a)(8) and 402(h){1)(B) and deductible contributions to an <br /> organization described in IRC Section 501(c)(18), shall be treated as amounts deferred as provided <br /> in IRC Section 457(c). <br /> <br /> ARTICLE III <br /> EMPLOYER Contributions <br />The EMPLOYER may contribute to the Plan for PARTICIPANTS. EMPLOYER contributions shall <br />vest at the time such contributions are made, For purposes of administering Sections 2.04 and <br />2.05, EMPLOYER contributions shall apply toward the maximum deferral limits in the Plan Year <br />that such contributions are made. <br /> <br />ARTICLE IV <br /> Plan Transfers <br />4.01. If a PARTICIPANT terminates employment with the EMPLOYER and accepts employment <br />with another employer which maintains an eligible deferred compensation plan (as defined in IRC <br />Section 457) and tho new employer's plan accepts transfers, the PARTICIPANT may transfer his <br />account balance from the Plan fo the plan maintained by the new employer. <br /> <br />4.02. Trans;ers from other eligible deferred compensation plans (as defined in IRC Section 457) <br />to the Plan will be accepted at the PARTICIPANT'S request if such transfers are in cash or non* <br />annuity products currently offered under the Plan. Any such transferred amount shall not be subject <br />to the limitations of Section 2,04, provided, however, that the actual amount deferred during the <br />calendar year under both plans shall be taken into account in calculating the deferral limitation <br />for that year, For purposes of determining the limitation set forth in Section 2.05, years of eligibility <br />to participate in the prior plan and deferrals under that plan shall be considered. <br /> <br />ARTICLE V <br />Designation of Beneficiary <br />The PARTICIPANT shall have the right to file, with the Administrator, a written Beneficiary or change <br />of Beneficiary form designating the person or persons who shall receive the benefits payable under <br />this Plan in the event of the PARTICIPANT'S death. The form for this purpose shall be provided <br />by the Administrator and will have no effect until it is signed, filed with the Administrator by the <br />PARTICIPANT, and accepted by the Administrator. If the PARTICIPANT dies without having a <br />Ber~eficiary form on fife, the benefits will be paid to the PARTICIPANT'S estate. The PARTICIPANT <br />accepts and acknowledges that he has the burden for executing and liling with the Administrator <br />a proper Beneficiary designation form. <br /> <br />ARTICLE VI <br />Accounts and Reports <br />6.01. THE EMPLOYER shall remit the amounts deferred to the Administrator or his designated <br />agent. The Administrator shall have no duty to determine whether the funds paid to him by the <br />EMPLOYER are correct, nor to collect or enforce such payment. <br /> <br />6.02. For convenience arid to facilitate an o.rderly administration of the Plan, the Administrator <br />shall maintain a deferred account with respect to each PARTICIPANT. A written report of the status <br />of the PARTICIPANT'S deferred account shall be furnished at least annually and within ninety (90) <br />days after the end of each calendar year to the PARTICIPANT. <br /> <br /> <br />