Comcast 2014 Annual Report Download - page 269

3.9.2. For any Plan Year, the Average Contribution Percentage for the Highly Compensated Early Entry Eligible Employees for the
current Plan Year shall not exceed the greater of:
(a) one hundred twenty-five percent (125%) of the Average Contribution Percentage for all other Early Entry Eligible
Employees for the preceding Plan Year; or
(b) the lesser of:
(1) two hundred percent (200%) of the Average Contribution Percentage for all other Early Entry Eligible Employees
for the preceding Plan Year; or
(2) two percent (2%) plus the Average Contribution Percentage for all other Early Entry Eligible Employees for the
preceding Plan Year.
3.9.3. If the Plan and any other plan(s) maintained by a Participating Company or an Affiliated Company are treated as a single plan
for purposes of section 401(a)(4) or section 410(b) of the Code, the limitations in Sections 3.9.1 and 3.9.2 shall be applied by treating the Plan
and such other plan(s) as a single plan.
3.9.4. The application of this Section shall satisfy sections 401(k) and 401(m) of the Code and regulations thereunder and such other
requirements as may be prescribed by the Secretary of the Treasury.
3.9.5. The test set forth in Section 3.9.1 must be satisfied separately with respect to (1) Early Entry Eligible Employees who are not
covered by a collective bargaining agreement and (2) Early Entry Eligible Employees who are covered by a collective bargaining agreement.
The test set forth in Section 3.9.2 must be satisfied only with respect to Early Entry Eligible Employees who are not covered by a collective
bargaining agreement.
Section 3.10. Prevention of Violation of Limitation on Pre-Tax Contributions and Matching Contributions . The Committee shall monitor
the level of Participants’ Pre-Tax Contributions, Matching Contributions and elective deferrals, employee contributions, and employer matching
contributions under any other qualified retirement plan maintained by a Participating Company or any Affiliated Company to insure against
exceeding the limits of Section 3.9. To the extent practicable, the Plan Administrator may prospectively limit (i) some or all of the Highly
Compensated Early Entry Eligible Employees’ Pre-Tax Contributions to reduce the Average Actual Deferral Percentage of the Highly
Compensated Early Entry Eligible Employees to the extent necessary to satisfy Section 3.9.1 and/or (ii) some or all of the Highly Compensated
Early Entry Eligible Employees’
Matching Contributions to reduce the Average Contribution Percentage of the Highly Compensated Early Entry
Eligible Employees to the extent necessary to satisfy Section 3.9.2. If the Committee determines after the end of the Plan Year that the limits of
Section 3.9 may be or have been exceeded, it shall take the appropriate following action for such Plan Year:
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