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permitted under Section 2.64.480.0 above because of an allocation <br /> of forfeitures, a reasonable error in estimating a member's <br /> compensation, a reasonable error in determining the amount of <br /> elective contributions (within the meaning of Code §402(g)(3)), or <br /> because of other limited facts and circumstances that the <br /> Commissioner finds justify the availability of the rules set forth in <br /> this Section, then such member's account will be adjusted as <br /> follows in order to reduce the excess annual additions: <br /> (a) Return of Elective Deferrals and Employee Contributions: <br /> The administrator will first return any elective deferrals <br /> and/or employee contributions (whether such contributions <br /> are voluntary or mandatory), and will distribute gains <br /> attributable thereto, to the extent that would reduce the <br /> excess amount. <br /> (b) Reallocation in the Current Year: After the return of <br /> contributions and the distribution of gains specified in <br /> paragraph (a) above have been made, and prior to the <br /> creation of a Section 415 Suspense Account as set forth in <br /> paragraph (c) below, any excess will be reallocated to all <br /> Members who have not yet attained their maximum annual <br /> addition. If necessary, the administrator will repeat the <br /> reallocation until all members have reached their maximum <br /> annual addition. <br /> (c) Remaining Excess: If an excess still remains in a member's <br /> account, then (1) if the member is employed by the <br /> employer at the end of the limitation year, the administrator <br /> will hold the excess in the Section 415 Suspense Account <br /> and use it to reduce employer contributions (including any <br /> allocation of forfeitures) for the next limitation year (and <br /> each succeeding limitation year if necessary) for the <br /> member; and (2) if the member is not employed by the <br /> employer at the end of a limitation year, the excess cannot <br /> be distributed to the member but will be held in the Section <br /> 415 Suspense Account and be used to reduce future <br /> employer contributions (including the allocation of <br /> forfeitures) for all remaining members in the next limitation <br /> year(and each succeeding limitation year if necessary). <br /> (d) Earnings, Losses and Reallocation: If the Section 415 <br /> Suspense Account is in existence at any time during a <br /> limitation year, it will not share in the allocation of the <br /> earnings or losses of the Trust Fund. If the Section 415 <br /> Suspense Account is in existence at any time during a <br /> particular limitation year, all amounts in such account must <br /> Restated Nonuniformed Pension Plan—City of University City Page 20 <br />