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9.
Retirement Manager Limits Monitoring
9.1
Retirement Manager Limits Monitoring (RMLM) is a limits monitoring service as
described below. The objective of this service is to calculate and monitor Internal
Revenue Code contribution limits to prevent 402(g) elective deferral limit, 415(c)
annual additions limitation or 457(b) deferred compensation limit excesses in
retirement plans.
9.2
Retirement Plans Monitored.
RMLM will monitor limits for the
Employer’s Code Section 403(b) and 457(b) plans identified in Attachment
1 to this Exhibit (“Retirement Plans”). Any plans and/or plan types not
identified in the Retirement Manager Agreement, Attachment 1 are excluded
from the definition of Retirement Plans and are excluded from RMLM.
9.3
Internal Revenue Code Contribution Limits (IRC Contribution Limits)
Monitored.
RMLM will monitor only the following IRC Contribution Limits for
the identified Retirement Plans, based solely upon the data provided by the
Employer (as more specifically described in this Exhibit):
9.3.1 Code Section 415(c) for Code Section 403(b) Plans
9.3.1.1 RMLM will monitor the basic limit of the lesser of $46,000
(2008), as indexed, or 100% of compensation. For the purpose of
this limit, compensation is defined as gross compensation as
provided by the Employer
9.3.1.2 The calendar year will be the limitation year for all calculations.
9.3.1.3 Employee salary reduction and employer contributions reported
through Retirement Manager for all 403(b) Retirement Plans will
be considered for purposes of 415(c) limit monitoring.
9.3.1.4 Section 415(c) limit monitoring and related stoppage has priority
over Section 402(g) limit monitoring and stoppage.
9.3.1.5 Section 415(c) limit monitoring will include and be limited to all
Employer and employee contributions to the Retirement Plans
reported through the Retirement Manager service.
9.3.2
Code Section 402(g) for Code Section 403(b) Plans
9.3.2.1 RMLM will monitor the basic limit of $15,500 (2008), as indexed,
and, if applicable, the expanded cap limit of up to a maximum of
$3,000 per year ($15,000 lifetime cap) for403(b) plans under Code
Section 402(g)(7).
9.3.2.2
In monitoring the basic limit, elective deferrals reported for all
403(b) Retirement Plans will be included.
9.3.2.3 The expanded cap limit for 403(b) plans will be monitored based
on data in Retirement Manager that has been provided by the
Employer. The expanded cap limit is applicable only when both
the Employer and Participating Employee are eligible. The
expanded cap limit for RMLM purposes will include the “$5,000
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