The Hartford 2008 Annual Report Download - page 769

(C) Use of Forfeited Amounts. As soon as practicable after a Member receives a distribution of the entire vested
portion of his or her Accounts or incurs five consecutive Breaks in Service, the unvested portion of the Member’s
Company Contribution Account shall be forfeited and either used to pay Plan expenses or applied to reduce future
Company contributions under the Plan.
(D) Crediting of Forfeited Amounts to Accounts in Certain Circumstances . In the event of the termination of the
Plan or complete discontinuance of Company contributions hereunder, any forfeitures not previously applied in
accordance with the preceding paragraph shall be credited proportionately to the Accounts of all Members and
Deferred Members as described in Article Seventeen.
5.5 Additional Company Contributions if Plan is Top-Heavy.
(A) Additional Contribution. For any Plan Year with respect to which the Plan is Top-Heavy (as defined in the next
paragraph), an additional Company contribution shall be allocated on behalf of each Member (or each Eligible
Employee eligible to become a Member) who is not a “key employee,” and who has not separated from service as of
the last day of the Plan Year, to the extent that the amounts allocated to his or her Accounts as a result of contributions
made under Sections 5.1 and 5.2 for that Plan Year are less than 3% of his or her W-2 remuneration for that Plan Year.
However, if the greatest percentage of W-2 remuneration for that Plan Year (after being limited to the annually indexed
dollar amount under Code Section 401(a)(17)) contributed by a “key employee” under Section 4.1 or allocated to his or
her Accounts as a result of contributions made pursuant to Section 5.1 for the Plan Year would be less than 3%, such
lesser percentage shall be substituted for “3%” in the preceding sentence. Notwithstanding the foregoing, no minimum
contribution shall be made with respect to a Member if the required minimum benefit under Code Section 416(c)(1) is
provided by the Retirement Plan.
(B) Definition of Top-Heavy Plan. The Plan shall be considered Top-Heavy with respect to any Plan Year, if, as of the
last day of the preceding Plan Year, the value of the aggregate of the Accounts under the Plan for all “key employees”
exceeds 60 percent of the value of the aggregate of the Accounts under the Plan for all Eligible Employees. The value
of such Accounts shall be determined as of the Valuation Date on or before the last day of such preceding Plan Year, in
accordance with Code Sections 416(g)(3) and (4) and Article Seven of this Plan. Account balances under the Plan will
be combined with the account balances or the present value of accrued benefits under any other qualified plan of the
Company and its affiliates in which “key employees” participate or which enable the Plan to meet the requirements of
Code Section 401(a)(4) or 410. Additionally, provided that the resulting aggregation group satisfies the requirements of
Code Sections 401(a)(4) and 410, the Company may elect to combine the account balances under the Plan with the
account balances or the present value of accrued benefits under any other qualified plan of the Company or its affiliates
not required to be combined with this Plan if all members are non-key employees and the contributions or benefits
under the other plan are at least comparable to the benefits provided under this Plan. The determination as to whether
an Eligible Employee will be considered a “key employee” shall be made in accordance with the provisions of Code
Sections 416(i)(l) and (5), and on the basis of the Eligible Employee’s Forms W-2 remuneration for the applicable Plan
Year from the Company, or an affiliate of the Company (if applicable).
For the Plan Years commencing before January 1, 2000, the Plan will be super Top-Heavy if the top-heavy ratio
exceeds 90% and a factor of 1.0 will be applied to the dollar limit.
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Source: HARTFORD FINANCIAL S, 10-K, February 12, 2009