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(d) Disregard Excess Deferral. For purposes of Sections 3.1, 3.2, and 3.3, an individual is <br />treated as not having deferred compensation under a plan for a prior taxable year if <br />excess deferrals under the plan are distributed, as described in Section 3.5. To the extent <br />that the combined deferrals for pre -2002 years exceeded the maximum deferral <br />limitations, the amount is treated as an excess deferral for those prior years. <br />3.5 Correction of Excess Deferrals <br />If the Annual Deferral on behalf of a Participant for any calendar year exceeds the limitations <br />described above, or the Annual Deferral on behalf of a Participant for any calendar year exceeds <br />the limitations described above when combined with other amounts deferred by the Participant <br />under another eligible deferred compensation plan under Code Section 457(b) for which the <br />Participant provides information that is accepted by the Administrator, then the Annual Deferral, <br />to the extent in excess of the applicable limitation (adjusted for any income or loss in value, if <br />any, allocable thereto), shall be distributed to the Participant as soon as administratively <br />practicable after the Administrator determines that the amount is an excess deferral. If a <br />Participant to whom distribution must be made in accordance with the preceding sentence has <br />made Roth Contributions for the year, the amount distributed as an excess deferral shall be made <br />first from pre-tax Annual Deferrals, then from Roth Contributions for the year unless otherwise <br />specified. <br />11 <br />Specimen 457(b) Plan Document <br />Deferred Compensation Plan <br />43 <br />