Comcast 2012 Annual Report Download - page 197

Compensated Early Entry Eligible Employee with a higher Actual Deferral Percentage had instead the adjusted maximum Actual Deferral
Percentage, reducing the Highly Compensated Early Entry Eligible Employee’s Pre-Tax Contributions and elective deferrals under any other
qualified retirement plan maintained by the Participating Company or any Affiliated Company (less any amounts previously distributed under
Section 3.1 for the year) in order, beginning with the Highly Compensated Early Entry Eligible Employee(s) with the highest Actual Deferral
Percentage.
(c) Not later than the end of the Plan Year following the close of the Plan Year for which the Pre-Tax Contributions were
made, the excess Pre-Tax Contributions shall be paid to the Highly Compensated Early Entry Eligible Employees (determined on the basis of the
Highly Compensated Early Entry Eligible Employees with the largest dollar amount of Pre-Tax Contributions), with earnings attributable thereto
(as determined in accordance with applicable Treasury Regulations); provided, however, that for any Participant who is also a participant in any
other qualified retirement plan maintained by the Participating Company or any Affiliated Company under which the Participant makes elective
deferrals for such year, the Committee shall coordinate corrective actions under this Plan and such other plan for the year.
3.9.2.(a) The Average Contribution Percentage for the Highly Compensated Early Entry Eligible Employees shall be reduced
to the extent necessary to satisfy at least one of the tests in Section 3.8.2.
(b) The reduction shall be accomplished by reducing the maximum Contribution Percentage for any Highly Compensated
Early Entry Eligible Employee to an adjusted maximum Contribution Percentage, which shall be the highest Contribution Percentage that would
cause one of the tests in Section 3.8.2 to be satisfied, if each Highly Compensated Early Entry Eligible Employee with a higher Contribution
Percentage had instead the adjusted maximum Contribution Percentage, reducing, in the following order of priority, the Highly Compensated
Early Entry Eligible Employees’ Matching Contributions and employee contributions and employer matching contributions under any other
qualified retirement plan maintained by the Participating Company or an Affiliated Company, in order beginning with the Highly Compensated
Early Entry Eligible Employee(s) with the highest Contribution Percentage.
(c) Not later than the end of the Plan Year following the close of the Plan Year for which such contributions were made,
the excess Matching Contributions, with earnings attributable thereto (as determined in accordance with applicable Treasury Regulations) shall be
treated as a forfeiture of the Highly Compensated Early Entry Eligible Employee’s Matching Contributions for the Plan Year to the extent such
contributions are forfeitable (which forfeiture shall be used to reduce future Matching Contributions), or paid to the Highly Compensated Early
Entry Eligible Employee to the extent such contributions are nonforfeitable; provided that any such forfeiture or payment shall be determined on
the basis of the Highly Compensated Early Entry Eligible Employee(s) with the largest dollar amount of Matching Contributions; provided
further, that, for any Participant who is also a participant in any other qualified retirement plan maintained by the Participating Company or any
Affiliated Company under which the Participant makes employee contributions or is credited with employer matching contributions for the year,
the Committee shall coordinate corrective actions under this Plan and such other plan for the year.
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