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Form 5500 - Schedule H Downey California: What You Should Know

E., any excess benefit paid, received and accrued to a participant) for the taxable year. (3) Any amount in a participant's section 423(k) plan (a.k.a. “Catch up” plans) that the plan administrator deems appropriately allocable to his excess contribution; provided, however, that the excess is made up of either (i) a single transfer to the participant of all excess contributions allocated, under regulation, to participants (other than those that would have been allocated to a different person if the excess had not been allocated), or (ii) a transfer from another mayor to the participant at his election to a deferred arrangement, after the date of this filing, for the benefit of the other participant; provided that the participant elects to have such excess transferred under this subsection. (4) Any excess annuity received by a plan from a plan trust subject to this part; provided however, with respect to amounts transferred pursuant to paragraph (7), that such amounts are either— (i) transferred to the annuity plan of the participant or, if applicable, his surviving spouse (and are treated as payments to that participant or the participant's spouse for purposes of sections 4975(e)(3) and 4875(d)(3) of the Code and the Code (and only for such purposes) until such time as the excess amounts are transferred pursuant to paragraph (7)(7)(A); or (ii) received for purposes of a transfer pursuant to section 408(d)(5)(F)(iii)(I). (5) Any excess interest, compensation and benefits in excess of the limitations specified in section 417 of the Internal Revenue Code of 1986 that are to be treated as excludable from gross income under section 6051 of such Code (and only for such purposes) and for which the participant is required to provide satisfactory evidence of eligibility under section 409A of such Code.

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