This excerpt taken from the HBI 8-K filed Sep 5, 2006.
6.05 Contribution Limitations
For each Limitation Year, the Annual Addition to a Participants Accounts under the Plan and under any other defined contribution plan maintained by any Employer shall not exceed the lesser of $44,000 (as adjusted from time to time pursuant to Code Section 415(d)) or one hundred percent (100%) of the Participants Compensation (within the meaning of Code Section 415(c)(3)) during that Limitation Year. The compensation limit referred to in the preceding sentence shall not apply to any contribution for medical benefits after separation from service (within the meaning of Code Section 401(h) or Code Section 419A(f)(2)) that is otherwise treated as an Annual Addition. Direct transfers and Rollover Contributions accepted by the Trustee pursuant to Subsection 4.04 shall not be considered as part of any Annual Addition. If, for any Limitation Year, the amount that would otherwise be credited to a Participants Account exceeds the foregoing limitations, the Committee may elect that (a) all or a portion of the
Participants Before-Tax Contributions for that Limitation Year, and any earnings attributable to such contributions, may be returned to the Participant; (b) such excess amounts may be held in a suspense account under the Plan and credited to the Participants Account in subsequent years; or (c) any other correction method permitted under Treasury Regulation Section 1.415-6(b)(6) may be utilized to eliminate the excess amount; provided that the Committee shall make such election in a consistent and nondiscriminatory manner in any Limitation Year.