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contributions to a simplified employee pension plan to the extent such <br /> contributions are deductible by the Employee, or any distributions from a <br /> plan of deferred compensation; (2) amounts realized from a non-qualified <br /> stock option, or when restricted stock or property held by the employee either <br /> becomes freely transferable or is no longer subject to a substantial risk of <br /> forfeiture; (3) amounts realized from the sale, exchange or other disposition <br /> of stock acquired under a qualified stock option; and (4) other amounts which <br /> receive special tax benefits, or contributions made by an employer (whether <br /> or not under a salary reduction agreement) towards the purchase of an <br /> annuity described in Code §403(b) (whether or not the amounts are <br /> excludible from an employee's gross income). <br /> (b) For Limitation Years beginning on or after January 1, 1998, Code <br /> §415 Compensation will include any elective deferrals as defined in Code <br /> §402(g)(3), and any amounts contributed or deferred at the election of the <br /> Employee that were not includible in the gross income by reason of Code <br /> §I25 or §457. Code §415 Compensation will also include elective amounts <br /> that are not includible in the gross income of the Employee by reason of <br /> Code §132(0(4) for Limitation Years beginning on or after January 1, 2001. <br /> (c) For limitation years beginning on or after July 1, 2007, <br /> compensation for a limitation year shall also include compensation paid by <br /> the later of 2 '/z months after an employee's severance from employment with <br /> the employer maintaining the plan or the end of the limitation year that <br /> includes the date of the employee's severance from employment with the <br /> employer maintaining the plan, if the payment is regular compensation for <br /> services during the employee's regular working hours, or compensation for <br /> services outside the employee's regular working hours (such as overtime or <br /> shift differential), commissions, bonuses, or other similar payments, and, <br /> absent a severance from employment, the payments would have been paid to <br /> the employee while the employee continued in employment with the <br /> employer. <br /> "Compensation" means the Code §3401 Compensation that is actually paid in <br /> gross income during the calendar month (or, for a month which began on or after <br /> January 1, 1992, actually paid or made available). The term Code §3401 <br /> Compensation means wages within the meaning of Code §3401(a) that are <br /> actually paid or made available in gross income for the purposes of income tax <br /> withholding at the source but determined without regard to any rules under Code <br /> §3401 that limit the remuneration included in wages based on the nature or <br /> location of the employment or the services performed. <br /> (a) Partial Month Compensation: If a Member is employed for less than a full <br /> calendar month used for determining compensation or average <br /> compensation, compensation for such partial month shall be counted <br /> (without annualizing). <br /> Restated Nonuniformed Pension Plan—City of University City Page 4 <br />