The Hartford 2008 Annual Report Download - page 773

After-Tax Savings and Matching Company Contributions of the Highly Compensated Employees beginning with
the highest dollar amount and moving toward lower dollar amounts until the total dollar amount in (2) above is
reached. A Member’s Actual Contribution Percentage shall be determined after a Member’s excess Before-Tax
and Roth 401(k) Savings are either recontributed to the Plan as After-Tax Savings or paid to the Member. Such
amount of excess aggregate contributions, as adjusted for investment experience, will be returned to, or paid to,
the Members for whom such contributions were made within 12 months following the end of the Plan Year for
which the contributions were made. To the extent contributions must be paid or returned to a Member under the
preceding sentence, the distribution shall be made from the following categories of contributions (adjusted to
reflect earnings or losses attributable thereto): First, Supplemental After–Tax Savings; second, Basic After–Tax
Savings (to the extent that associated Matching Company Contributions are vested, they also shall be distributed in
this category); third, remaining vested Matching Company Contributions. To the extent that an additional
adjustment is required, nonvested Matching Company Contributions shall be forfeited. Excess aggregate
contributions shall be adjusted for any income or loss up to the date of distribution in accordance with IRS
regulations; the Plan will not fail to use a reasonable method of computing the income allocable to excess
aggregate contributions merely because the income allocable to the excess aggregate contributions is determined
on a date that is no more than seven days before the distribution.
(ii) ESOP Actual Contribution Percentage. With respect to each Plan Year beginning prior to January 1, 2006,
the ESOP Actual Contributions Percentage shall be subject to the limits and corrections for After-Tax Savings that
are ESOP Contributions and Matching Company Contributions that are ESOP Contributions determined in the
same manner as set forth in paragraph (i), above.
(iii) For purposes of determining the Actual Contribution Percentage or ESOP Actual Contribution Percentage for
Highly Compensated Members, all contributions made by them to qualified plans shall be aggregated. The
contributions of all Employees under plans that are aggregated with this Plan for purposes of Code Section 401(a)
or 410(b) shall be aggregated and deemed to have been made under a single plan.
(iv) For Plan Years commencing before 1997, in determining the Actual Contribution Percentage of Highly
Compensated Members, their After-Tax Savings and Compensation shall include the After-Tax Savings and
Compensation of family members (as defined in Section 414(q)(6) of the Code). In the event that distribution of
excess contributions is required, appropriate adjustment shall be made for all family members as provided in the
Code.
(B) Additional Limits on After-Tax Savings . From time to time and in order to comply with Code Section 401(m) of
the Code, the Plan Administrator may impose an additional limit on the amount of After-Tax Savings that a Highly
Compensated Member may contribute to the Trust Fund, based on a reasonable projection of savings rates of non-
Highly Compensated Members.
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Source: HARTFORD FINANCIAL S, 10-K, February 12, 2009